fe
e

{>
2

16th CONGRESS OF THE Republic of the Philippines
FIRST REGULAR SESSION

House of Representatives

HOUSE BILLNO. _ 3919

INTRODUCED BY HONORABLE GUSTAVO S. TAMBUNTING

EXPLANATORY NOTE

This bill seeks to lower the age of criminal responsibility from fifteen (15) years old to nine (9)
years old.

The Revised Penal Code of the Philippines exempted nine year old children from criminal
liability. PD 603 The Child and Youth Welfare Code of 1974 stipulated the same age, In
England and Wales people of offending age are classed as those aged 10 years or older. In the
US, the youngest age for juvenile delinquency is six (6) years old in the State of North Carolina,
seven (7) years old in Maryland, Massachusetts and New York and State of Arizona at eight (8)
years old.

Children in conflict of law at present grow in numbers. Sad to say, the minors are getting bolder
and braver. These young people has emboldened themselves and criminal syndicates has
capitalized on the age 15 as being free for criminal liability. Hence, crimes against property and
in some cases rape, murder and prostitution are committed by these young people.

‘The age of minors involved in crimes is getting younger. They are prey to unscrupulous and
ruthless criminal syndicates. ‘This representation believes in the restorative system of justice,
thus, lowering the age of criminal responsibility.

More so, it is provided in the Constitution that the state recognizes the vital role of the youth in
nation building and thus, shall promote and protect their physical, moral, spiritual, intellectual
and social well-being.

Hence, immediate passage STation is urgently sought.

GUS:


16th CONGRESS OF THE Republic of the Philippines
FIRST REGULAR SESSION

House of Representatives

House BILLNo. _ 3919

INTRODUCED BY HONORABLE GUSTAVO S. TAMBUNTING

AN ACT
AMENDING SECTION 6 OF RA NO. 10630 AN ESTABLISHING A
COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING
THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT
OF SOCIAL WELFARE AND DEVELOPMENT, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES.

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

Section 1. Section 3 of RA 10630 is hereby amended to read as follows:

“SEC. 3. Minimum Age of Criminal Responsibility. ~ A child [ fifteen (15)] 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 is deemed [ fifteen (15)] NINE (9) years of age on the day of the [fifteenth]
NINETH anniversary of his/her birthdate.

“A child above [ fifteen (15)] NINE (9) years but below eighteen (18) 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.”


Sec. 2 Sec. 6 of RA 10630 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)] NINE (9) 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. The child shall be subjected to a community-based intervention program
supervised by the local social welfare and development officer, unless the best interest of
the child requires the referral of the child to a youth care facility or “Bahay Pag asa’
managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.

Xxx
Sec. 3. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional,

the other provisions not so declared shall remain in force and effect.

Sec. 4. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 5, Effecti

;. - This Act shall take effect immediately upon its approval.

Approved,