Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

a
HOUSE BILLNO, 3819

Introduced by Honorable Jerry P. Trefias

EXPLANATORY NOTE

We live in dangerous times. Today, our criminals are becoming younger,
more cunning, and less concerned about the legal repercussions of their actions. In
order to advance their evil interests and motives, the scoundrels of our society have
opted to take advantage of the youth.

Minors have been recruited to join criminal juvenile organizations under the
guise of being called “fraternities” or any other moniker that gives these lawless
groups a semblance of legitimacy in Philippine society. Truth to tell, these groups
are nothing but street gangs, most of which are probably under the control of
criminal syndicates. The youth of our nation are being used as pawns in order to do
the dirty work of society’s most vicious criminals.

The number of juvenile offenders has risen, and there is no secret to the
reason behind it. Minors are being recruited to join these gangs in order to commit
crimes because criminal liabilities do not attach to those below the age of majority.
The Juvenile Justice and Welfare Act of 2006' exempts minors 15 years of age and
below from criminal liability, and only allows criminal punishment for minors
above 15 to below 18 years of age if it is proven that they acted with discernment.
Unfortunately, criminals have taken advantage of this law by employing minors to
do their bidding.

* Republic Act No. 9344 ( April 28, 2006)



The State is mandated by the Constitution to protect the people and maintain
peace and order.’ Moreover, the State must ensure the physical, moral, spiritual,
intellectual, and social well-being of the youth.> The prevalence of criminal
activities by the youth who are members of criminal juvenile organizations,
coupled with the immunity granted by the Juvenile Justice and Welfare Act, is
contrary to the letter and spirit of our very own Constitution.

This bill seeks to deter the youth from joining criminal juvenile
organizations by allowing criminal liability to attach to minors who commit
criminal acts in connection with their membership to a particular gang, or as part of
their initiation rites to enter such a felonious organization. Minors aged 12 and
above who commit felonies classified as grave by the Revised Penal Code (such as
Murder and Rape) shall be legally presumed to have acted with discernment, as
they are already old enough to know right from wrong, considering that grave
felonies are universally condemned by civilized societies worldwide. In addition,
the masterminds and officers of these criminal juvenile organizations shall be
severely punished under this bill, without prejudice to any other penalties that may
be imparted upon them through other existing laws. Moreover, persons who
encourage youngsters to join these gangs, including their parents, shall likewise be
held accountable.

In order to further deter criminality among the youth, this bill shall also
penalize the parents or guardian of a child who commands, encourages, or allows
him or her to commit any criminal act or to be an accomplice or accessory in any
criminal activity.

Gangs recruiting minors and requiring them to kill people as part of their
initiation rites are already prevalent in the United States and Latin America. It
seems that this deplorable culture of introducing children to violence and
lawlessness had already reached Philippine shores.

It is imperative that we put a stop to this madness immedigtély. Hence, I
highly encourage the approval of this bill. /

? Sections 4 and 5, Article Il The 1987 Philippine Constitution.
* Section 13, Article Il. The 1987 Philippine Constitution.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

ange
HOUSE BILL NO. 8615, _

Introduced by Honorable Jerry P. Trefias

AN ACT

SHIELDING THE FILIPINO YOUTH FROM ORGANIZED CRIMINAL
ACTIVITIES, IMPOSING CRIMINAL PENALTIES UPON OFFENDERS
BELONGING TO A CRIMINAL JUVENILE ORGANIZATION AGED 12
AND ABOVE WHO ACTED WITH DISCERNMENT, IMPOSING
PENALTIES UPON ANY PERSON INVOLVED IN ANY CRIMINAL
JUVENILE ORGANIZATION THAT TOLERATES ANY CRIMINAL ACT
AS PART OF ITS AUTHORIZED ACTIVITES OR INITIATION RIGHTS,
AND PENALIZING THE PARENTS OR GUARDIANS OF A CHILD
COMMANDED, ENCOURAGED OR ALLOWED TO PARTICIPATE IN
ANY CRIMINAL ACT.

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Short Title — This Act shall be known as the “Protection Against
Juvenile Criminal Exploitation Act”.

Section 2. Declaration of Policy ~ It is the policy of the State to serve and
Protect its people, to promote peace and order, and to protect the physical, moral,

spiritual, and intellectual well-being of the youth.



Section 3. Objectives — This act aims to abate the prevailing rampant
criminality all over the country, exacerbated by the increasing number of criminal
juvenile organizations composed of minors, which requires the commission of
felonious acts as part of their regular activities and initiation rights. In addition, this
act shall impose stringent penalties against the masterminds and officers of such
criminal organization who are found guilty of abetting criminal activities
performed by their juvenile members. Moreover, this act shall penalize the parents
or ward of the child which commanded, encouraged or allowed the minor to
commit a criminal act.

Section 4. Definition of Terms —

a.) Criminal Juvenile Organizations — A group of individuals, either
publicly acknowledging itself as an existing organization or operating
as an underground belligerent society, which is composed of at least
one member below the age of majority, and requires or abets the
commission of criminal acts as part of its activities and/or initiation
rites,

b.)Members of a Criminal Juvenile Organization — Any person,
regardless of age, which is a part of a criminal juvenile organization

by virtue of being subjected to an initiation rite and/or by participating



with any of its criminal activities, is deemed a member of a criminal
juvenile organization.

¢.) Officers of a Criminal Juvenile Organization — Any person, who must
be a member of a criminal juvenile organization, who is considered an
officer or is occupying a leadership position within such an
organization, is deemed an officer of a criminal juvenile organization.

d.) Masterminds of a Criminal Juvenile Organization — Any person, who
may or may not be a member of a criminal juvenile organization, who
conceptualized and/or instituted such an organization, and/or
otherwise benefits from the fruits of the illegal activities of a criminal
juvenile organization, is deemed a mastermind of a criminal juvenile
organization.

e.) Parents of a Member of a Criminal Juvenile Organization - The
mother and father of a minor member of a criminal juvenile
organization, or in the absence of both, the legal guardian of a minor
member of such an organization, is considered as a parent of a
member of a criminal juvenile organization.

f.) Criminal Acts —Any activity which is considered a felony under the

Revised Penal Code or a prohibited act under special penal laws.



law:

g.) Initiation Rite - A ritual imposed by a criminal juvenile organization
which requires the commission of certain acts by its neophytes as
prerequisites in order to attain membership.

Section 5. Prohibited Acts — The following acts are punishable under this

a.) The commission of any criminal act considered as a felony by the
Revised Penal Code or as a crime by any special penal law by a
minor, performed in connection with the minor’s membership in a
criminal juvenile organization.

b.) The commission of any criminal act considered as a felony by the
Revised Penal Code or as a crime by any special penal law by a
minor, performed in connection with the minor’s initiation rite in
order to gain membership in a criminal juvenile organization.

c.) The creation and maintenance of a criminal juvenile organization, for
the purpose of using minors to commit any criminal act under existing
laws.

d.) Profiting from the operations and activities of a criminal juvenile
organization.

e.) Organizing and/or facilitating an initiation rite which requires the

commission by a minor of a criminal act.



f.) Commanding or encouraging a minor member of a criminal juvenile
organization to perform a criminal act.

g.) Recruiting any minor to join a criminal juvenile organization.

h.) Allowing a natural or adopted child, or a ward of a legal guardian, to
join a criminal juvenile organization and/or to participate in any
illegal activity of a criminal juvenile organization.

i.) Commanding, encouraging or allowing a natural or adopted child, or a
ward of a legal guardian, to commit any criminal act considered as a
felony by the Revised Penal Code or as a crime by any special penal
law, or to be involved as an accomplice or accessory in any criminal
activity. The parents or legal guardian of a child who violates this
subsection shall be liable even if the child is not a member of a
criminal juvenile organization.

Section 6. Persons Punishable — The provisions of this law shall apply to
any person committing any of the prohibited acts in the immediately preceding
section. Criminal liability shall attach to minors aged 12 and above who acted with
discernment.

Section 7. Presumption of Discernment — Any minor who belongs to a
criminal juvenile organization, aged 12 and above, who performs a grave felony, as

defined by the Revised Penal Code, or a prohibited act punishable by death or life



imprisonment under special penal laws, is presumed to have acted with
discernment upon commission of such criminal act.

Section 8. Penalties — The following penalties shall be imparted upon a
person convicted of the acts enumerated under Section 5 of this act:

a.) Persons found guilty of Sections 5(a) or (b) shall be sentenced to one
(1) year imprisonment in addition to the actual penalty for the crime
committed by the minor; provided that in case the prohibited act
committed by the minor is a felony punishable under the Revised
Penal Code, a violation of Sections 5(a) or (b) shall also be treated as
a generic aggravating circumstance in determining the sentence for
the crime committed.

b.) Persons found guilty of Section 5(c), (4), (€), and (f) shall be
sentenced to ten (10) years imprisonment; provided that officers of
criminal juvenile organizations shall be sentenced to fifteen (15) years
imprisonment; provided further, that masterminds of criminal
organizations shall be sentenced to twenty (20) years imprisonment;
provided finally, that the aforementioned penalties shall be without
prejudice to additional penalties that may be imposed if the person is

also found to be a principal by inducement or to be in conspiracy in



any crime that was committed by any member of a criminal juvenile
organization.

c.) Persons found guilty of Section 5(g) shall be sentenced to two (2)
years imprisonment; provided that if the person found guilty is a
parent of the minor child, he or she shall lose custody of the minor
child prodded to join a criminal juvenile organization.

d.) Persons found guilty of Section 5(h) shall be sentenced to six (g)
months imprisonment and shall lose custody of the minor child who
joined the criminal juvenile organization.

e.) Persons found guilty of Section 5(i) who commands or encourages a
child to commit any criminal act shall be sentenced to ten (10) years
imprisonment, while persons found guilty of the same subsection who
allows a child to commit any criminal act shall be sentenced to five
(5) years imprisonment; provided that the aforementioned penalties
shall be without prejudice to additional penalties that may be imposed
if the person is also found to be a principal by inducement or to be in
conspiracy in any crime that was committed by his or her child or
ward.

Section 9. Revised Penal Code to Apply Suppletorily. — The provisions of

the Revised Penal Code shall apply suppletorily to this act.



Section 10. Separability Clause. — If any part, section or provision of this
Act is held invalid or unconstitutional, other provisions not affected thereby shall
remain in full force and effect.

Section 11. Repealing Clause. — All laws, decrees, orders, rules and
regulations or other issuances inconsistent with the provisions of this act are
hereby repealed, amended or modified accordingly.

Section 12. Effectivity. — This Act shall take effect fifteen (15) days after
publication in two (2) national newspapers of general circulation.

Approved,