FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Francis N. Pangilinan 
EXPLANATORY NOTE 
The fundamental law of the land clearly mandates the protection and nueuring of 
children, recognizing that they are an indispensable part of the “Filipino family” which in 
turn is the foundation of the nation. Article 15 Section 3, par. 2 of the 1987 Constitution 
states - 
“Section 3. The State shall defend: 
“Par. 2 - The right of children to assistance, including proper 
care and nutrition, and special protection from all forms of neglect, 
abuse, cruelty, exploitation, and other conditions prejudicial to their 
development. ” 
Giving life to this imperative command of the constitution, among other laws, the 
Republic Act 9344 or otherwise known as the “Juvenile Justice and Welfare Act of 2006” 
(JJWA of 2006), with unusual unanimity from our political leaders, was passed by the 
Philippine Congress. The support that the JJWA had acquired in both houses of congress 
is testament to the realization that there is an urgent need to protect our youthful 
offenders from the hazards and unresponsive judicial and penal practices in our 
jurisdiction. 
The concept employed in the JJWA of 2006 is far-removed from the traditional 
form and system of dispensation of justice and punishment. The law adopts the spirit of 
“restorative justice”, that is, the main aim of the law is not to punish our youthful 
offenders but to device a way to reintegrate the erring juvenile individual back into our 
society as a responsible, valuable and reformed person. 
The salient features of the JJWA of 2006 are: 
adoption ol‘the concept ol‘restorative justice; 
increasing the agc of criminal responsibility from ninc to 15 years of agc; 
cstablishmcnt and strengthening of local councils for thc protection ol‘ children; 
establishment ol‘ comprehensive juvenile intervention programmes; 
eslablishment of community-based programmes on juvenile justice and welfare; 
adoption of a systcm of diversion - divcrsiou is defined as any act with thc end 
goal of disposing thc case involving a youth offender without resorting to forinal 
trial by the competent authority 
implementation ol‘ diversion programmes exemption of minors from prosecution 
for thc crime of vagrancy and prostitution, mendicancy, and sniffing of rugby; 


exemption from the application of death penalty; 
provision on status offenses which means that any conduct not considered an 
offcnsc or not pcnalized if committed by an adult shall not be considered an 
offense and shall not bc punished if committed by a child; 
provision for child-sensitive proceedings; and, 
imposition of appropriate disposition measures. 
The search for the ideal judicial measwes to be employed to Children in Conflict 
with Law (“CICL,”) is a continuous task for the legislative branch as it is also an 
unending challenge to the executive and judicial branches to implement. Accordingly, 
barely two years after the enactment of the JJWA of 2006, this present bill is promptly 
filed to address the legitimate concerns and realities confronted by the different sectors of 
our government implementing the.provisions of the JJWA of 2006 and ultimately to 
make the law more responsive to the actual needs and concerns of it main beneficiary - 
the CICLs. 
In view of the foregoing, the approval of this bill is earnestly sought. 
” N. PANGILINAN 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
8 JUN -5 i’j :- 13 
First Regular Session 
1 
Introduced by Senator Francis N. Pangilinan 
, 
ANACT 
AMENDING 
REPUBLIC 
ACT 
NO. 
9344 
OTHERWISE 
KNOWN 
AS 
“AN 
ACT 
ESTABLISHING A COMPREHENSIVE JUVENILE 
JUSTICE AND WELFARE SYSTEM, CREATING 
THE 
JUVENILE 
JUSTICE 
AND 
WELFARE 
COUNCIL 
UNDER 
THE 
DEPARTMENT 
OF 
JUSTICE, APPROPRIATING FUNDS THEREFOR, 
AND FOR OTHER PURPOSES” 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
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 hekhe 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 
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existing laws, 


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Sec. 2: 
Section 8 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 8. Juvenile Justice and Weware 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); 
(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); 
(8) National Bureau of Investigation (NBI); 
(h) Philippine National Police (PNP);. 
(i) Bureau of Jail Management and Penology (BJMP); 
(i) 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); 
(c) Council for the Welfare of Children (CWC) 
(d) Department of Education (DepEd); 
(e) Department of the Interior and Local Government (DILG); 
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(f) Commission on Human Rights (CHR); 
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Development. 
(g) National Youth Commission (NYC); and 
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of 
Justice and the other to be designated by the Secretary of Social Welfare and 
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the JJWC. 
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 
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IN THE IMPLEMENTATION OF THIS ACT, THE JJWC SHALL 
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CONSULT 
WITH 
THE 
VARIOUS 
LEAGUES 
OF 
LOCAL 
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GOVERNMENT OFFICIALS. 
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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 i d  functions, as herein provided. 
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follows: 
Sec. 3: 
' 
Section 20 of Republic Act No. 9344 is hereby amended to read as 
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SEC. 20. Children Below the Age of Criminal Responsibility. - If it has 
been determined that the child taken into custody is fifteen (15) yezs 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 hidher 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 to t] The local 
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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 
tale custody, the child may be released to any of the following: 
(1) a duly registered nongovernmental or religious organization; 
(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 
GUARDIANS 
SHALL EXECUTE 
A 
WFUTTEN 
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 AUHTORIZATION 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 CHILDREN; PROVIDED FURTHER, THAT THE 
MINIMUM AGE FOR CHILDREN COMMITTED TO A YOUTH 
REHABILATION CENTER SHALL BE TWELVE (12) YEARS OLD. 
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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 
PRESDENTIAL DECREE NO. 603, AS AMENDED, AND SHALL 
UNDERGO INERVENTION 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 
AUHTORIZATION 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 WHERE THE VICTIM IS KILLED OR RAPED, 
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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 PRESDENTIAL 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; PROVIDED, 
THAT IF THE CHILD HAS NO PARENTS OR GUARDIANS OR IF 
THEY 
REFUSE 
OR 
FAIL 
TO 
EXECUTE 
THE 
WRITTEN 
AUHTORIZATION 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-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 
PRESCRIBED 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 
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ASSISTANCE AND PSYCHOSOCIAL INTERVENTION SHALL BE 
PROVIDED TO THE VICTIM-CHILD AND HIS OR HER FAMILY BY 
THE LOCAL SOCIAL WELFAFU3 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. 
Sec. 4: 
Section 22 of Republic Act No. 9344 is hereby amended to 
read as follows: 
SEC. 22. Duties During Initial Znvestigution. - The law enforcement 
officer shall, in hisher investigation, determine where the case involving the child 
in conflict with the law should be referred. 
The taking of the statement of the child shall be conducted in the presence 
of the following: (1) 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 


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THE PREPARATION OF A MORE COMPREHENSIVE CASE STUDY 
REPORT. [After the initial investigation, t] The local social worker [conducting 
the same may] 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 
(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. 
b) 
Sec. 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, hidher 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. 
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follows: 
Sec. 6: 
Section 57 of Republic Act No. 9344 is hereby amended to read as 
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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. 
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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. 
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effect. 
Sec. 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 
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Sec. 8: Repealing Clause. - All laws, decrees or rules inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
Sec. 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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