Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16") CONGRESS,
Second Regular Sessi

HOUSE BILL NO. $183

Introduced by Representative Mercedes C. Cagas

EXPLANATORY NOTE,

A popular song declares the children are our future. It further states we should teach them
well and let them lead the way. More so in our country where we place a great deal of importance on
our youth. No less than our national hero recognizes their vital role in our country's fate, Hence, we
have always strived to nurture, protect and empower our youth, So much so that we passed a law,
Republic Act (RA) No. 9344, otherwise known as the "Juvenile Justice and Welfare Act of 2006" with
the noble intention of protecting them from criminal liability.

However, fast forward to 2014, eight (8) years later. It appears our noble law has failed.
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 (18) years is not in accord with the reality nowadays, What is worse and more pernicious,
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. Imagine
their innocence being corrupted at such an early age.

It is therefore imperative to this representation, herself a mother, to humbly submit this bill,
which aims to lower the minimum age of oriminal liability of a child offender from fifteen (15) years of
age to nine (9) years of age. 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. It is the fervent hope
of the undersigned that with this measure, we can arrest (pun intended) the corruption of youth into a
life of crime.

Hence, immediate passage of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16"") CONGRESS
Second Regular Session

HOUSE BILL NO._5183

Introduced by Representative Mercedes C. Cagas

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,