Fifteenth Congress ofthe Republic 
Of the Philippines 
First Regular Session 
) 
) 
) 
SENATE 
S.B. NO. 2403 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
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! Ii 
Republic Act No. 9433, otherwise known as Juvenile Justice and Welfare Act of 
2006 is a result of the state's recognition of the child's right to be treated in a manner 
consistent with the promotion of the child's sense of dignity and worth, taking into 
account the child's age and desirability of promoting his/her reintegration. 
The Juvenile Justice and Welfare System ensures "that children are dealt with in a 
manner appropriate to their well-being by providing for, among others, a variety of 
disposition' measures such as care, guidance and supervision orders, counselling, 
probation,: foster care, education and vocational training programs and other alternatives 
to institutional care." 
The propose measure seeks to refine Republic Act No. 9433 by addressing 
different issues and concerns confronted by different agencies in implementing the said 
law and for the advancement of the Children in Conflict with Law. 
In view of the foregoing, the approval of this bill is earnestly sought. 


FIFTEENTH CONGRESS of the 
) 
REPUB~IC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No.2 4 03 
Introduced by HON. RAMON BONG REVILLA, JR. 
EXPLANATORY NOTE 
AN ACT 
AMENDING SECTIONS 6, 8, 20, 22, 33 AND 57 OF REPUBLIC ACT NO. 9344, 
OTHERWISE KNOWN AS "JUVENILE JUSTICE AND WELFARE ACT OF 
2006" 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
Section 1: Section 6 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of 
age or under at the time of the commission of the offense shall be exempt from criminal 
liability. However, the child shall be subjected to an intervention program pursuant to 
Section 20 of this Act. 
A CHILD IS DEEMED TO BE FIFTEEN (15) YEARS OF AGE ON THE 
DAY OF THE FIFTEENTH ANNIVERSARY OF HIS BIRTH DATE. 
A child above fifteen (15) years but below eighteen (18) years of age shall 
likewise be exempt from criminal liability and be subjected to an intervention program, 
unless hefshe has acted with discernment, in which case, such child shall be subjected to 
the appropriate proceedings in accordance with this Act. 
The exemption from criminal liability herein established does not include 
exemption from civil liability, which shall be enforced in accordance with existing laws. 
Section 2: Section 8 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and 
Welfare Council (JJWC) is hereby created and attached to the Department of Justice and 
placed under its administrative supervision. The JJWC shall be chaired by an 
undersecretary of the Department of Social Welfare and Development. It shall ensure the 
effective implementation of this Act and coordination among the following agencies: 
(a) Council for the Welfare of Children (CWC); 
(b) Department of Education (DepEd); 
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(c) Department of the Interior and Local Government (DILG); 
(d) Public Attorney's Office (PAO); 
(e) Bureau of Corrections (BUCOR); 
(f) Parole and Probation Administration (PPA); 
(g) National Bureau ofInvestigation (L WI); 
(h) Philippine National Police (PNP); 
(i) Bureau of Jail Management and Penology (BJMP); 
(j) Commission on Human Rights (CHR); 
(k) Technical Education and Skills Development Authority (TESDA); 
(1) National Youth Commission (NYC); and 
(m)Other institutions focused on juvenile justice and intervention programs 
The JJWC shall be composed of representatives, whose ranks shall not be lower 
than director, to be designated by the concerned heads of the following departments or 
agencies: 
(a) Department of Justice (DOJ); 
(b) Department of Social Welfare and Development (DSWD); 
(cj Council for the Welfare of Children (CWC) 
(d) Department of Education (DepEd); 
(e) Department of the Interior and Local Government (DLG); 
. (f) Commission on Human Rights (CHR); 
(g) National Youth Commission (NYC); and 
(h) two (2) representatives from NGO's, one to be designated by the Secretary 
of Justice and the other to be designated by the Secretary of Social Welfare 
and Development. 
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. 
The Secretary of Justice and the Secretary of Social Welfare and Development shall 
determine the organizational structure and staffing pattern of the JJWc. 
IN THE IMPLEMENTATION OF THIS ACT, THE JJWC SHALL 
CONSULT WITH THE VARIOUS LEAGUES OF LOCAL GOVERNMENT 
OFFICIALS. 
The JJWC shall coordinate with the Office of the Court Administrator and the 
Philippine Judicial Academy to ensure the realization of its mandate and the proper 
discharge of its duties and functions, as herein provided. 
Section 3. Section 20 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 20. Children below the Age of Criminal Responsibility. - If it has been 
determined that the child taken into custody is fifteen (15) years old or below, the 
authority which will have an initial contact with the child, IN CONSULTATION WITH 
THE LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER, has the duty 
to immediately release the child to the custody of his/her parents or guardian, or in the 
absence thereof, the child's nearest relative, UNLESS THE BEST INTEREST OF 
THE CHILD REQUIRES THE REFERRAL OF THE CHILD TO A YOUTH 
REHABILITATION CENTER. [Said authority shall give notice tot] The local social 
welfare and development officer [who will] SHALL determine the appropriate programs 
FOR THE CHILD WHO HAD BEEN RELEASED, in consultation with the child and 
[to] the person having custody over the child. If the parents, guardians or nearest relatives 
cannot be located, or if they refuse to take custody, the child may be released to any of 
the following: 
(1) A duly registered nongovernmental or religious organization; 
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(2) A barangay official or a member of the Barangay Council for the Protection of 
Children (BCPC); 
(3) A local social welfare and development officer; or when and where appropriate, the 
DSWD. 
[If the child referred to herein has been found by the Local Social Welfare and 
Development Office to be abandoned, neglected or abused by his parents, or in the event 
that the parents will not comply with the prevention program,] IF THE BEST 
INTEREST OF THE CHILD REQUIRES THAT HE OR SHE BE PLACED IN A 
YOUTH 
REHABILITATION 
CENTER, 
THE 
CHILD'S 
PARENTS 
OR 
GUARDUNS SHALL EXECUTE A WRITTEN AUTHORIZATION FOR THE 
VOLUNTARY COMMITMENT OF THE CHILD; PROVIDED, THAT IF THE 
CHILD HAS NO PARENTS OR GUARDIANS OR IF THEY REFUSE OR FAIL 
TO EXECUTE THE WRITTEN AUTHORIZATION FOR VOLUNTARY 
COMMITMENT, the proper petition for involuntary commitment shall be 
IMMEDIATELY filed by the DSWD or the Local Social Welfare and Development 
Office pursuant to Presidential Decree No. 603, AS AMENDED, otherwise known as 
"The Child and Youth Welfare Code" AND THE SUPREME COURT RULE ON 
COMMITMENT OF CFIILDREN; PROWDED FURTHER, THAT THE 
MINIMUM 
AGE 
FOR 
CHILDREN 
COMMITTED 
TO 
A 
YOUTH 
REHABILATION CENTER SHALL BE TWELVE (12) YEARS OLD. 
SEC 20-A. REPETITION OF OFFENSES - A CHILD WHO IS FIFTEEN 
YEARS OF AGE OR BELOW FIFTEEN (15) YEARS OF AGE AND WHO 
COMMITS AN OFFENSE FOR THE THIRD TIME OR OFTENER SHALL BE 
DEEMED A NEGLECTED CHILD UNDER PRESIDENTIAL DECREE NO. 603, 
AS AMENDED, AND SHALL UNDERGO INTERVENTION PROGRAMS 
SUPERVISED BY THE LOCAL SOCIAL WELFARE AND DEVELOPMENT 
OFFICER PROVIDED THAT, IF THE BEST INTEREST OF THE CHILD 
REQUIRES THAT HE OR SHE BE PLACED IN A YOUTH REHABILITATION 
CENTER, THE CHILD'S PARENTS OR GUARDIANS SHALL EXECUTE A 
WRITTEN AUTHORIZATION FOR THE VOLUNTARY COMMITMENT OF 
THE CHILD; PROVIDED, THAT IF THE CHILD HAS NO PARENTS OR 
GUARDiANS OR IF THEY REFUSE OR FAIL TO EXECUTE THE WRITTEN 
AUTHORIZATION FOR VOLUNTARY COMMITMENT, THE PROPER 
PETITION FOR INVOLUNTARY COMMITMENT SHALL BE IMMEDIATELY 
FILED BY THE DSWD OR THE LOCAL SOCIAL WELFARE AND 
DEVELOPMENT OFFICE PURSUANT TO PRESIDENTIAL DECREE NO. 603, 
AS AMENDED, AND THE SUPREME COURT RULE ON COMMITMENT OF 
CHILDREN; PROVIDED FURTHER, THAT THE MINIMUM AGE FOR 
CHILDREN COMMITTED TO A YOUTH REHABILATION CENTER SHALL 
BE TWELVE (12) YEARS OLD. 
SEC 20-B. HEINOUS CRIMES COMMITTED BY CHILDREN WHO ARE 
EXEMPT. - A CHILD WHO IS FIFTEEN YEARS OF AGE OR BELOW 
FIFTEEN (15) YEARS OF AGE AND WHO COMMITS A PARRICIDE, 
MURDER, 
INFANTICIDE, 
KIDNAPPING 
AND 
SERIOUS 
ILLEGAL 
DETENTION WRERE THE VICTIM IS KILLED OR RAPED, ROBBERY WITH 
HOMICIDE OR RAPE, DESTRUCTIVE ARSON, RAPE, OR CARNAPPING 
WHERE THE DRIVER OR OCCUPANT IS KILLED OR RAPED SHALL BE 
DEEMED A NEGLECTED CHILD UNDER PRESIDENTIAL DECREE NO. 603, 
AS AMENDED, AND, IF THE BEST INTEREST OF THE CHILD SO 
REQUIRES, SHALL BE PLACED IN A YOUTH REHABILITATION CENTER. 
THE CHILD'S PARENTS OR GUARDIANS SHALL EXECUTE A WRITTEN 
AUTHORIZATION FOR THE VOLUNTARY COMMITMENT OF THE CHILD; 
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PROVIDED, THAT IF THE CHILD HAS NO PARENTS OR GUARDIANS OR IF 
THEY REFUSE OR FAIL TO EXECUTE THE WRITTEN AUTHORIZATION 
FOR VOLUNTARY 
COMMITMENT, 
THE 
PROPER PETITION FOR 
INVOLUNTARY COMMITMENT SHALL BE, IMMEDIATELY FILED BY THE 
DSWD OR THE LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICE 
PURSUANT TO PRESIDENTIAL DECREE NO. 603, AS AMENDED, AND THE 
SUPREME COURT RULE ON COMMJTMENT OR CHILDREN; PROVIDED 
FURTHER, THAT THE MINIMUM AGE FOR CHILDREN 
COMMITTED TO A YOUTH REHABILATION CENTER SHALL BE TWELVE 
(12) YEARS OLD. 
SEC 20-C EXPLOITATION OF CHILDREN FOR COMMISSION OF 
CRIMES. -- ANY PERSON WHO, IN THE COMMISSION OF A CRIME, 
MAKES USE, TAKES ADVANTAGE OF, OR PROFITED FROM THE USE OF 
CHILDREN, SHALL BE IMPOSED THE PENALTY PRESCRmED BY LAW 
FOR THE CRIME COMMITTED IN ITS MAXIMUM PERIOD. 
SEC 20-D. ASSISTANCE TO VICTIMS OF OFFENSES COMMITTED BY 
CHILDREN. - IF THE VICTIM OF THE OFFENSE COMMITTED BY A CHILD 
IS ALSO A CHILD, THE APPROPRIATE ASSISTANCE AND PSYCHOSOCIAL 
INTERVENTION SHALL BE PROVIDED TO THE VICTIM-CHILD AND HIS 
OR HER FAMILY BY THE LOCAL SOCIAL WELFARE AND DEVELOPMENT 
OFFICER AND 
THE 
DEPARTMENT OF 
SOCIAL 
WELFARE 
AND 
DEVELOPMENT, AS PROVIDED IN REPUBLIC ACT NO. 7610, OTHERWISE 
KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST CHILD 
ABUSE, 
EXPLOITATION 
AND 
DISCRIMINATION 
ACT" 
AND 
ITS 
IMPLEMENTING RULES AND REGULATIONS. 
Section 4: Section 22 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC 22. Duties During Initial Investigation. - The law enforcement officer shall, 
in his/her investigation, determine where the case involving the child in conflict with the 
law should he referred. 
The taking of the statement of the child shall be conducted in the presence of the 
following: (I) child's counsel of choice or in the absence thereof, a lawyer from the 
Public Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case 
may be; and (3) the local social welfare and development officer. In the absence of the 
child's parents, guardian, or nearest relative, and the local social welfare and 
development officer, the investigation shall be conducted in the presence of a 
representative of an NGO, religious group, or member of the BCPC. 
THE SOCIAL WORKER SHALL CONDUCT AN INITIAL ASSESSMENT 
TO DETERMINE THE APPROPRIATE INTERVENTIONS AND WHETHER 
THE CHILD ACTED WITH DISCERNMENT, USING THE ASSESSMENT 
TOOLS DEVELOPED BY THE DEPARTMENT OF SOCIAL WELFARE AND 
DEVELOPMENT. THE INITIAL ASSESSMENT SHALL BE WITHOUT 
PREJUDICE TO THE PREPARATION OF A MORE COMPREHENSWE CASE 
STUDY REPORT. [After the initial investigation, tl The local social worker 
[conducting the same may 1 SHALL do either of the following: 
a. 
Proceed in accordance with Section 20 if the child is fifteen (15) years 
or below or above fifteen (15) but below eighteen (18) years old, who 
acted without discernment; and 
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• 
b. 
If the child is above fifteen (15) years old but below eighteen (18) and 
who acted with discernment, proceed to diversion under the following 
chapter. 
Section. 5: Section 33 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC 33. Preliminary Investigation and Filing of Information. - The prosecutor 
shall conduct a preliminary investigation in the following instances: (a) when the child in 
conflict with the law does not qualify for diversion: (b) when the child, hislher parents or 
guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when 
considering the assessment and recommendation of the social worker, the prosecutor 
determines that diversion is not appropriate for the child in conflict with the law. 
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall 
notifY the Public Attorney's Office of such service, as well as the personal information, 
and place of detention of the child in conflict with the law. 
Upon determination of probable cause by the prosecutor, the information against 
the child shall be filed before the Family Court within forty-five (45) days from the start 
of the preliminary investigation. THE INFORMATION MUST ALLEGE THAT THE 
CHILD ACTED WITH DISCERNMENT. 
Section. 6: Section 57 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 57. Status Offenses. - Any conduct not considered an offense or not 
penalized if committed by an adult shall not be considered an offense and shall not be 
punished if committed by a child. 
CURFEW ORDINANCES ENACTED BY LOCAL GOVERNMENTS 
SHALL ·BE FOR THE PROTECTION OF CHILDREN. NO PENALTY SHALL 
BE IMPOSED ON CHILDREN FOR CURFEW VIOLATIONS. INSTEAD THE 
CHILD SHALL BE BROUGHT TO HIS OR HER RESIDENCE OR TO THE 
BARANGAY HALL TO BE FETCHED BY HIS OR HER PARENTS. THE 
ORDINANCE SHALL ALSO PROVIDE FOR INTERVENTION PROGRAMS, 
SUCH AS COUNSELLING, ATTENDANCE IN GROUP ACTIVITIES FOR 
CHILDREN, AND, FOR THE PARENTS, ATTENDANCE IN PARENTING 
EDUCATION SEMINARS. 
Section 7: Separability Clause. - If any provision of this Act is declared invalid or 
unconstitutional, the provisions not affected thereby shall continue to be in full force and 
effect. 
Section 8. Repealing Clause - All Laws, decrees or rules inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
Section 9. Effectivity Clause - This Act shall take effect fifteen (15) days after the 
completion of its publication in at least two (2) national newspapers of general 
circulation. 
Approved, 
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