Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

922

House Bill No.

Introduced by HON. IRWIN C. TIENG, HON. MARIANO MICHAEL M. VELARDE
and HON. JOSE L. ATIENZA, JR.

EXPLANATORY NOTE

This bill aims to lower the minimum age of criminal liability of a child offender
from fifteen (15) years of age to nine (9) years of age.

While the noble intention of RA 9344, otherwise known as the “Juvenile Justice
and Welfare Act of 2006” is beyond question as it affords more protection to juvenile
delinquents, unforeseen events have occurred that a subsequent legislation has
become a necessity. Since its passage, crimes involving minors have been
tremendously increasing. The present minimum age of fifteen (15) years is not in accord
with the reality nowadays. Recent reports show that numerous syndicates are taking
advantage of the exempting circumstance under the present law. They use minors as
implements and shields to perpetrate crimes.

Furthermore, the massive influence of modern communication has brought
minors immense awareness of their surroundings. Minors these days are more matured
and their perspectives in life have greatly improved as compared to minors 10 years
ago. Accordingly, it is but timely to have our laws reviewed in order to adapt to the
demands of time.

lence, immediate passage of this bill is earnestly sought.

MARIANO MICHAEL M. VELARDE

JOSE L. ATIENZA, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by HON. IRWIN C. TIENG, HON. MARIANO MICHAEL M. VELARDE
and HON. JOSE L. ATIENZA, JR.

AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 9344,
OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF
2006”, AND FOR OTHER PURPOSES

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

SECTION 1. Section 6 of Republic Act No. 9344 entitled the “Juvenile Justice
and Welfare Act of 2006” is hereby amended to read as follows:

SEC. 6. Minimum Age of Criminal Responsibility. - A
child NINE (9) 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 above NINE (9) years but below FIFTEEN (15) years
of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she 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 20 of the same Act is likewise 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 NINE (9) years old or below, the
authority which will have an initial contact with the child 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. Said authority shall give notice to the
local social welfare and development officer who will
determine the appropriate programs 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: a duly registered nongovernmental or
religious organization; a barangay official or a member of the
Barangay Council for the Protection of Children (BCPC); 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, the proper petition for
involuntary commitment shall be filed by the DSWD or the
Local Social Welfare and Development Office pursuant to
Presidential Decree No. 603, otherwise, known as "The
Child and Youth Welfare Code".

SECTION 3. If any provision or section of this Act is declared unconstitutional or
invalid, such portions not affected thereby shall remain in full force and effect.

SECTION 4. All laws, decrees, executive orders, rules and regulations
inconsistent with the provision of this Act are hereby repealed or modified accordingly

SECTION 5. This Act shall take effect immediately upon its
approval.

Approved,