Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Metro Manila
FIFTEENTH CONGRESS

First Regular Session

8077

House Bill No.

Introduced by Hon. Karlo A. B. Nograles

EXPLANATORY NOTE

Republic Act No. 9344, otherwise known as the Juvenile Justice and Welfare Act of
2006, increased the minimum age of criminal responsibility of children from nine (9)
years to fifteen (15) years old, and exempted those above fifteen (15) but below eighteen
(18) years of age who have acted without discernment.

The law applies the principle of restorative justice in all policies and programs
applicable to children in conflict with the law (CICL), and provides for a comprehensive
juvenile intervention program consisting of the procedures, guidelines, mechanisms and
structures to be implemented and pursued in the treatment of CICL.

Since the effectivity of the Act, there have been reports about the improper,
ineffective and inefficient implementation of the law.

This bill seeks to refine some provisions of RA 9344 by transferring the
supervision and control over the Juvenile Justice and Welfare Council from the
Department of Justice to the Department of Social Welfare and Development (DSWD) to
enable a more effective and efficient implementation of the law. It also ensures that local
governments, being principally involved in the implementation of the law at the
grassroots level, are properly consulted in the crafting of policies and strategies on
juvenile justice and welfare. Likewise, the bill proposes the periodic evaluation of the Act.

Most importantly, the bill mandates the establishment of a separate appropriation
approved by the DSWD to be provided in the annual General Appropriations Act. This
shall guarantee the proper enforcement of the law to provide the needed government
funds for the institution and implementation of intervention, diversion and crime
prevention programs on juvenile justice.

‘The immediate approval of this bill is eamestly soug!

HON. KARLO A. B. NOGRALES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FIFTEENTH CONGRESS

First Regular Session

House Bill No,_ 30

Introduced by Hon. Karlo A. B. Nograles

AN ACT
AMENDING THE REPUBLIC ACT NO, 9344 OTHERWISE KNOWN AS THE
"JUVENILE JUSTICE AND WELFARE ACT OF 2006"

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

SECTION 1. The Title of Republic Act No. 9344 is hereby amended to read as
follows:
"AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE
AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND
WELFARE COUNCIL UNDER THE DEPARTMENT OF [JUSTICE] SOCIAL
WELFARE AND DEVELOPMENT, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES.”
SEC. 2. 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 commsission 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.

XXX

‘A PERSON IS DEEMED TO BE EIGHTEEN (18) YEARS OF AGE

ON THE DAY OF THE EIGHTEENTH ANNIVERSARY OF HIS BIRTH

DATE.
XXX
SEC. 3. Section 8 of Republic Act No. 9344 is hereby amended to read as
follows:
"SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile
Justice and Welfare Council (JTWC) is hereby created and attached to the
Department of [Justice] SOCIAL WELFARE AND DEVELOPMENT 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) DEPARTMENT OF JUSTICE (DOJ)
(fa) B) Council for the Welfare of Children (CWC);
({b] C) Department of Education (DepEd):
({c] D) Department of Interior and Local Government (DILG);
({a] E) Public Attomey's Office (PAO);
({e] F) Bureau of Corrections (BUCOR);
({!] G) Parole and Probation Administration (PPA):

({g] H) National Bureau of Investigation (NBI);


({h] 1) Philippine National Police (PNP);
({i] J) Bureau of Jail Management and Penology (BIMP);
({j] K) Commission on Human Rights (CHR);
({k] L) Technical Education and Skills Development Authority (TESDA);
({I] M) National Youth Commission (NYC); and
({m] N) 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:
EK
(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 DEVELOPMENT.
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 the JIWC.
XXX

SEC. 4. Section 9 of Republic Act No. 9344 is hereby amended to read as

follows:

SEC. 9. Duties and Functions of the JJWC, - The JIWC shall have the
following duties and functions:

XXX

(E) TO CONSULT WITH THE VARIOUS LEAGUES OF LOCAL


GOVERNMENT OFFICIALS IN THE FORMULATION AND
RECOMMENDATION OF POLICIES AND STRATEGIES FOR THE
PREVENTION JUVENILE DELINQUENCY AND THE PROMOTION OF
JUVENILE JUSTICE AND WELFARE;

(CE) (G) To formulate and recommend strategies X XX

({g]) (HD To collect relevant information and conduct continuing research
and support evaluations and studies on all matters relating to juvenile justice and
welfare, such as, but not limited to:

XO

The data gathered shall be used by the JIWC in the improvement of the
administration of juvenile justice and welfare system.

THE JJWC SHALL CONDUCT A STUDY ON THE AGE OF

DISCERNM

T OF FILIPINO CHILDRE!

EVERY THREE (3) YEARS
WHICH SHALL PROVIDE THE BASIS FOR LEGISLATIVE REVIEW OF
THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY.

XXX

({h}) () Through duly designated persons X X X

({iJ) () To initiate and coordinate the conduct of training X X X
(Gi) (K) To submit an annual report X X X
(Ck) (L) To perform such other functions XX X"
SEC. 5. Section 20 of Republic Act No. 9344 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) years old or below,


OR ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18)
YEARS OF AGE WHO ACTED WITHOUT DISCERNMENT, 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. [Said authority shall give notice to t] The local
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 take
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
CHILD HAS BEEN FOUND BY THE LSWDO TO BE DEPENDENT,

ABANDONED OR NEGLECTED AND THE BEST INTEREST OF THE


CHILD REQUIRES THAT HE OR SHE BE PLACED IN A YOUTH CARE
FACILITY, 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 AUTHORIZATION 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 AMI

DED, 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 CARE
FACILITY SHALL BE TWELVE (12) YEARS OLD.

SEC. 20-A. REPETITION OF OFFENSES. - A CHILD WHO IS
FIFTEEN YEARS OF AGE OR BELOW FIFTEEN (15) YEARS OF AGE,
OR ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18)

YEARS OF AGE WHO ACTED WITHOUT DISCERNME!

, AND WHO
COMMITS AN OFFENSE FOR THE THIRD TIME OR OFTENER SHALL
BE DEEMED A NEGLECTED CHILD UNDER PRESIDENTIAL DECREE
NO. 603, AS AMENDED, AND SHALL UNDERGO AN INTENSIVE
INTERVENTION PROGRAM 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 CARE FACILITY, THE CHILD'S PARENTS OR


GUARDIANS SHALL EXECUTE A WRITTEN AUTHORIZATION FOR
THE VOLUNTARY COMMITMENT OF THE CHILD; PROVIDED
FURTHER, THAT, IF THE CHILD HAS NO PARENTS OR GUARDIANS:
OR IF THEY REFUSE OR FAIL TO EXECUTE THE WRITTEN

AUTHORIZATION FOR VOLUN’

‘ARY COM

TMENT, THE PROPER

PETITION FOR INVOLUNTARY COMMITMENT SHALL BE

IMMEDIATELY FILED BY THE DSWD OR THE LOCAL SOCIAL

WELFARE AND DEVELOPMENT OFFICE PURSUANT TO

PRESIDE!

PIAL DECREE NO. 603, AS AMENDED, AND THE SUPREME
COURT RULE

ON COMMITMENT OF CHILDREN; PROVIDED

FURTHE

, THAT THE MINIMUM AGE FOR CHILDREN COMMITT

TO A YOUTH CARE FACILITY SHALL BE TWELVE (12) YEARS OLD.

SEC.

20-B. HEINOUS CRIMES COMMITTED BY CHILDREN WHO

ARE EXEMPT. - A CHILD WHO IS FI

YEARS OF AGE OR
BELOWFIF

N (15) YEARS OF AGE , OR ABOVE FIF

YEARS OF AGE BUT BELOW EI

oH] (18) YEARS OF AGE WHO
ACTED WITHOUT DISCERNMENT, AND WHO COMMITS PARRICIDE,
MURDER, INFANTICIDE, KIDNAPPING AND SERIOUS ILLEGAL

DETE)

ION WHERE THE

ICTIM IS KILLED OR RAPED, 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
PRESIDENTIAL DECREE NO. 603, AS AMENDED, AND, IF THE BEST

INTEREST OF THE CHILD SO REQUIRES, HE OR SHE SHALL BE


PLACED IN A YOUTH CARE FACILITY. 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 AUTHORIZATION
FOR VOLUNTARY COMMITMENT, THE PROPER PETITION FOR

INVOLUNTARY COMMI’

IENT 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 CARE FACILITY 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 US!
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. - THE VICTIM OF THE OFFENSE COMMITTED BY A.
CHILD AND THE VICTIM'S FAMILY SHALL BE PROVIDED THE
APPROPRIATE ASSISTANCE AND PSYCHOSOCIAL INTERVENTION
BY THE LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER

AND THE DEPARTMENT OF SOCIAL WELFARE AND


DEVELOPMENT."
SEC. 6. Section 22 of Republic Act No. 9344 is hereby amended to read as
follows:

"SEC. 22. Duties During Initial Investigation. - The law enforcement
officer shall, in his/her investigation, determine where the case involving the child
in conflict with the law should be referred.

XXX

‘THE LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER

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 DEVELOPME!

THE INITIAL ASSESSMENT SHALL BE WITHOUT PREJUDICE TO THE
PREPARATION OF A MORE COMPREHENSIVE CAS

» STUDY REPORT.
{After the initial investigation, t] The local social worker [conducting the same
may] SHALL do either of the following:

a) XXX
SEC.7. 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:
XXX
Upon determination of probable cause by the prosecutor, the information

against the child shall be filed before the Family Court OR THE REGIONAL


TRIAL COURT WHI

THERE IS NO DESIGNATED FAMILY COURT
within forty-five (45) days from the start of the preliminary investigation. THE
INFORMATION MUST ALLEGE THAT THE CHILD ACTED WITH
DISCERNMENT."

SEC. 8. A new section shall be inserted after Section 57 of Republic Act No.

9344, which shall read as follows:

"SEC. 57. Status Offenses, -XXX
SEC. 57-A. VIOLATIONS OF LOCAL ORDINANCES. -
ORDINANCES ENACTED BY LOCAL GOVERNMENTS OVER STATUS

OFFED

‘SES SUCH AS, BUT NOT LIMITED TO, CURFEW VIOLATIONS,
TRUANCY, PARENTAL DISOBEDIENCE, ANTI-SMOKING AND ANTI-
DRINKING LAWS, AS WELL AS LIGHT OFFENSES AND.
MISDEMEANORS AGAINST PUBLIC ORDER OR SAFETY SUCH AS,
BUT NOT LIMITED TO, DISORDERLY CONDUCT, PUBLIC SCANDAL,

HARASSME DRUNKENNESS,

PUBLIC INTOXICATION,

CRIMINAL NUISANCE, VAGRANCY, VANDALISM, GAMBLING,
MENDICANCY, LITTERING, PUBLIC URINATION, AND TRESPASSING,
SHALL BE FOR THE PROTECTION OF CHILDREN. NO PENALTY
SHALL BE IMPOSED ON CHILDREN FOR SAID VIOLATIONS, AND
THE CHILD SHALL INSTEAD BE BROUGHT TO HIS OR HER
RESIDENCE OR TO THE BARANGAY HALL TO BE FETCHED BY HIS
OR HER PARENTS. APPROPRIATE INTERVENTION PROGRAMS
SHALL BE PROVIDED FOR IN SUCH ORDINANCES."

SEC. 9. Section 63 of the same Act is hereby amended to read as follows:


"SEC. 63. Appropriations. - The amount necessary to carry out the initial
implementation of this Act shall be charged to the Office of the President.
(Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the succeeding General Appropriations Act] TO

ENSURE THE EFFECTIVE AND MEANINGFUL IMPLEMENTATION OF THIS

ACT THE COUNCIL SHALL HAVE A SEPARATE ANNUAL APPROPRIATION

APPROVED BY THE DEPARTMENT OF SOCIAL WELFARE AND

DEVELOPMENT (DSWD) WHICH SHALL BE PROVIDED IN THE GE

RAL
APPROPRIATIONS ACT STARTING IN THE FISCAL YEAR IMMEDIATELY
FOLLOWING THE APPROVAL OF THIS ACT. THE COUNCIL MAY ALSO
ACCEPT CONTRIBUTIONS FROM THE PRIVATE SECTOR."

SEC. 10. Rule Making Power. - The JSWC shall issue the appropriate
Implementing Rules and Regulations (IRRs) for the implementation of the provisions of
this Act within ninety (90) days from the effectivity hereof.

SEC. 11. Separability Clause. - If any provison of this Act is declared invalid
or unconstitutional, the provisions not affected thereby shall continue to be in full force
and effect.

SEC. 12. Repealing Clause. - All laws, decrees or rules inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 13. Effectivity Clause. - This Act shall take effect fifleen (15) days after
the completion of its publication in at least two (2) national newspapers of general

circulation.

Approved,