SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES q
First Regular Session

HOUSE OF REPRESENTATIVES

=— N
Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriquez, Jr.

House Bill No. 3320
EXPLANATORY NOTE

This bill seeks to penalize the parents or guardians for the tortious or criminal
acts committed by their minor children or wards who are exempt from criminal
liability, under Republic Act No. 9344, otherwise known as the “Juvenile Justice and
Welfare Act of 2006.”

Pursuant to Section 6 of RA No. 9344, minor offenders aged fifteen (15) and
below have no criminal liability. Offenders aged sixteen (16) to seventeen (17),
acting without discernment are also exempt from criminal liability. Consequently, the
offenders are not placed in detention cells but instead referred to rehabilitation
centers. The younger ones are retumed to their parents or guardians, or in their
absence, to the nearest relative. Thus, since they are not arrested nor charged in
court, more minors are being used by criminal elements and syndicates to do the
“dirty job” for them.

This bill generally aims to involve parents in the lives of their children by
encouraging improved parental control and to eventually decrease crimes committed
by minor offenders. Thus, parents will spend more time and effort in monitoring the
activities of their children when they are fully aware that they will be held personally
accountable for their children’s actions. Parental liability shall therefore include
payment for damages caused by any minor child, unless the parents concemed
made reasonable efforts in good faith to prevent or discourage the child from
committing intentional or criminal acts

In view of the foregoing, the passage of this bill is eamestty sought

/
MAXIMO B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3820

AN ACT
PENALIZING THE PARENTS OR GUARDIANS FOR TORTS OR CRIMES
COMMITTED BY THEIR MINOR CHILDREN OR WARDS AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as the “Parental Liability
Act of 2013."

SEC. 2. Declaration of Policy. ~ Its hereby declared the policy of the State
to provide special protection to children from all forms of abuse, neglect, cruelty,
exploitation and discrimination, and other conditions prejudicial to their development.
Towards this end, it shall be the policy of the State to ensure that parents be held
accountable for their children’s actions when they have not exercised reasonable
care, supervision, protection, and control over them.

SEC. 3. Liability of Parents. — Notwithstanding the exemption from criminal
liability of any minor child as provided for under Republic Act No. (RA) 9344,
otherwise known as the “Juvenile Justice and Welfare Act of 2006,” the parents or
guardians shall be personally liable in an amount of not less than Fifty Thousand
Pesos (Php50,000.00) but not more than One Hundred Thousand Pesos
(Php100,000.00) for the damages which are the proximate result of any one or a
combination of the following acts of the minor child or ward:

a) The malicious and wilful injury to the person of another; or

b) The malicious and wiltful injury or damage to the property of another,
whether the property be real, personal or mixed;

cc) The willful taking, stealing and carrying away of the property of another,
with the intent to permanently deprive the owner of possession:

d) The exploitation of another minor child by using him, directty or indirectly,
such as for purposes of begging and other acts which are inimical to his interest and
welfare; and

€) The possession, handling or carrying of a deadly weapon, regardless of its
ownership.

For purposes of this section, the term “parent” or “guardian” shall refer to the
person with whom the minor child or ward is living and who is exercising supervisory
control over the child or ward at the time of the commission of any wrongful acts
mentioned in this section

SEC. 4. Recovery of Damages. — The recovery of damages shall be limited
to the actual damages, judicial costs and payment of interests from date of judgment.
The right of action and remedy granted herein shall be in addition to, and not
exclusive of, any rights of action and remedies against a parent or guardian for the
tortious acts of any minor child or ward existing under the provisions of any other law.

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SEC. 5. Implementing Rules and Regulations. — The Department of
Justice shall issue the rules and regulations necessary for the effective
implementation of this Act

SEC. 6. Separability Clause. - If for any reason, any part or provision of this
Act is declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 7. Repealing Clause. — All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances, or parts thereof, which are
inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.

SEC. 8. Effectivity. — This Act shall take effect fifteen (15) days after
publication in at least two (2) national newspapers of general circulation

Approved,