2
Lippe

Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

RECISTRATION UNIT

Seventeenth Congress BILLS AND iniex

First Regular Session

2009

House Bill No. _

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

Youthful crime is a problem that has assumed such proportions as to cause
grave concern to the community and to call for special action and prompt remedy.
Children who come into conflict with the law are often from marginalized groups
including street youth, drug users, and those with interrupted education, who have
limited access to the family and societal structures meant to protect them.

A report from the Council for the Welfare of Children (CWC) shows that more
than 52,000 children from 1995 to 2000 were reported to be in conflict with the
law. Separate data from the Department of Welfare and Social Development
(DSWD) disclose that from 2001 to 2010, there were close to 64,000 children in
conflict with the law (CICL) served by the government, an indication that the
problem has persisted through the years despite the passage in 2006 of Republic
Act No. 9344 or the ‘Juvenile Welfare and Justice Act’,

R.A. 9344 envisioned a holistic and restorative justice approach to addressing
the plight of CICLs. Instead of punishing juvenile offenders and treating them as
ctiminals, the approach aims at providing help to CICLs to prevent them from
committing future offenses. Under this method, efforts at rehabilitating CICLs
require the victim and the community to take an active role in the process. But
more importantly, the law raised the age of ‘criminal responsibility’ from 9 to 15
years old. This means that those aged 15 and below who commit crimes are
‘exempt from criminal liability’ but instead subjected to intervention programs. The


exemption also applies to those older than 15 but under 18, unless they ‘acted with
discernment.’

However, after more than a decade of implementation, the law made the
problem worse. The raising of the age of criminal responsibility to 15 has resulted in
more crimes perpetrated by minors. It has been established that criminal
syndicates use juveniles in their illegal operations because they know that under
the law, minors can go scot-free even if they act as drug couriers and crime agents.
It has also been observed that the age of minors involved in crimes is getting
younger and they commit the more serious or heinous crimes. Reports demonstrate
a pattern of minors getting bolder and braver in committing crimes because they
realize that they will not be punished for their acts but will only be turned over to
the Department of Social Welfare and Development (DSWD) or promptly returned
to their parents or guardians.

In September 2011, a series of high-profile crimes involving children took
place. Among them are the cases of the 13-year-old boy who shot his 16-year-old
companion and then himself at the SM Mall in Pampanga; the 12-year-old boy
accused of raping a three-year-old girl in Sta. Mesa, Manila; and the 15-year-old
boy who admitted robbing, raping and nearly killing his employer in Sta. Rosa,
Laguna.

Heinous crimes are those crimes that are grievous, odious and hateful
offenses and which, by reason of their inherent or manifest wickedness,
viciousness, atrocity and perversity are repugnant and outrageous to the common
standards and norms of decency and morality in a just, civilized and ordered
society.

This bill seeks to allow the prosecution of children above nine (9) years of
age and those who are otherwise exempt from criminal liability under Republic Act
No. 9344, as amended, and who are accused of committing heinous crimes to
stand trial for their grave crimes. While there is no denying the laudable purposes
and objectives of the law in protecting the interest and welfare of children, and as a
general rule not holding said minors who commit crimes responsible for their acts,
the gravity of the offense should be taken into consideration in deciding whether
criminal liability should attach or not.

Finally, there is no denying that juvenile delinquency is a product of the
inherent weaknesses of the political and socio-economic systems affected children
live in. However, there can never be genuine justice if the guilty child would not be
made responsible, even in a rehabilitative and restorative context, for the he/nous
crimes he committed.


For the foregoing reasons, the immediate consideration and passage of this
bill is earnestly urged.



Republic of the Philippines
House of Representatives
Queson City, Metra Manila

Seventeenth Congress

First Regular Session

2009

Introduced by HON. ROMEO M. ACOP

AN ACT
REINSTATING THE CRIMINAL LIABILITY OF CHILDREN ABOVE NINE
(9) YEARS OF AGE WHO COMMIT HEINOUS CRIMES

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

SECTION 1. Section 20-A of Republic Act No. 9344, as amended by
Republic Act No. 10630, also known as the ‘Juvenile Justice and Welfare Act’,
is hereby further amended to read as follows :

SECTION. 20-A. [Serievs] HEINOUS Crimes Committed by Children Who
Are Exempt From Criminal Responsibility. — A child who is above [twelve-{42)
} NINE (9) years of age up to fifteen (15) years of age and who commits
parricide, murder, infanticide, kidnapping and serious illegal detention where
the victim is killed or raped, robbery[7] with homicide or rape OR SERIOUS
PHYSICAL INJURIES, destructive arson, rape, or carnapping where the
driver or occupant is killed or raped or offenses under Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002) punishable by more than


twelve (12) years of imprisonment, shall [be-deemed] NOT BE EXEMPT
FROM CRIMINAL LIABILITY.

LIKEWISE, A CHILD ABOVE FIFTEEN (15) YEARS BUT BELOW
EIGHTEEN (18) YEARS OF AGE WHO COMMITS ANY OF THE OFFENSES
ENUMERATED IN THIS SECTION SHALL NOT BE EXEMPT FROM
CRIMINAL LIABILITY, REGARDLESS OF WHETHER HE/SHE HAS
ACTED WITH DISCERNMENT.

[e-negiected child under Presidential. Decree-No.-603,-as-amended,-and-shall

o cial faciity-within_the-youth-care-facuity-or
‘Behey_Pag-ese!_ealled—the—t 4 d—Support
Center-(IJISC).]

In accordance with existing laws, rules, procedures and guidelines, SUCH
CHILD IN CONFLICT WITH THE LAW SHALL BE MANDATORILY
PLACED IN A SPECIAL FACILITY WITHIN THE YOUTH CARE FACILITY
OR “BAHAY PAG-ASA’ CALLED THE JUVENILE INTERVENTION AND
SUPPORT CENTER (IJISC) FOR THE DURATION OF THE
INVESTIGATION OF HIS CASE AND HIS / HER TRIAL FOR THE
OFFENSE CHARGED : PROVIDED, THAT IF THE CHILD IN CONFLICT
WITH THE LAW HAS REACHED THE AGE OF EIGHTEEN (18) YEARS
AND THE COURT HAS NOT PRONOUNCED A DECISION ON HIS / HER
CASE, THE CHILD IN CONFLICT WITH THE LAW SHALL THEN BE
COMMITTED TO A REGULAR DETENTION FACILITY. [The-proper petition
forinvoluntery-commitment-ond-placement-under-the-HIIS-shall-be-Aled-by
the local-social-welfare-and-development-officer-of the LGU
was-committed, oF -by-the-BSWD-social worker in-the-local-social-welfare-and
sapien bseneewithin-twenty-four (24)-hours-from-the-time
of the receipt of 2 repert-on-the alleged.commission-of-said-child-the-court,
where the-petition-f ¥ #tment-has-been filed-shall- decid
pespehHesnatte aa s he-time-the said-petition-has
beer fled by the BSWB/LSIIBG-The-court-will-determine-the initial period-of
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years it-diselpt he-HISE will submit-to- the court-a-case
Ayo port_te_ineude-a_psychiatric evaluation report—and
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hisfher_family-or-ifthere-i d-for-the- of th based
Fehabilitation—ef—_the—chitd Fhe—court—wilt-determine—the—next—period—of
m hearing-on-th itment-of the-child: ]

IF AFTER THE TRIAL THE COURT SHOULD FIND THAT THE CHILD IN
CONFLICT WITH THE LAW HAS COMMITTED THE ACT OR ACTS
CHARGED AGAINST HIM, THE COURT SHALL DETERMINE THE
IMPOSABLE PENALTY, INCLUDING ANY CIVIL LIABILITY
CHARGEABLE AGAINST HIM. HOWEVER, INSTEAD OF PRONOUNCING
JUDGMENT OF CONVICTION, THE COURT SHALL SUSPEND ALL
FURTHER PROCEEDINGS AND SHALL COMMIT SUCH CHILD IN
CONFLICT WITH THE LAW TO THE CUSTODY OR CARE OF THE DSWD,
OR TO ANY TRAINING INSTITUTION OPERATED BY THE
GOVERNMENT, OR DULY LICENSED AGENCIES, UNTIL HE / SHE
SHALL HAVE REACHED EIGHTEEN (18) YEARS OF AGE AND UPON
WHICH THE COURT SHALL PRONOUNCE ITS JUDGEMENT OF
CONVICTION.

WHEN A JUDGMENT OF CONVICTION IS PRONOUNCED AND AT THE
TIME OF SAID PRONOUNCEMENT THE CHILD IN CONFLICT WITH THE
LAW IS ALREADY ABOVE EIGHTEEN (18) YEARS OF AGE, HE SHALL
BE COMMITTED TO THE PROPER PENAL INSTITUTION TO SERVE THE
REMAINING PERIOD OF HIS SENTENCE.

SECTION 2. Repealing Clause - All laws, decrees, orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are
hereby deemed repealed or modified accordingly.

SECTION 3. &ffectivity Clause - This Act shall take effect fifteen (15)

days after its full publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved.