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EXPLANATORY NOTE

It is easy to become a parent but it is very difficult to act as a parent.
Hence, this bill intends to penalize those who fail to act as parents are
supposed to act. In other words, those who are irresponsible in the
performance of their duties as parents will be prosecuted and penalized to the
full extent of the law.

Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006
sought to address some of the issues subject matter hereof, but it is submitted
that a focus on the role of parents, with particular regard to availment of

rograms for juvenile interventiot
risk and children exempt from criminal responsibility, as well as compliance
with diversion programs in cases of children-in-conflict-with the-law, is
necessitated by present circumstances. Likewise, several incidents showing
how parents act irresponsibly are identified.

‘This bill therefore provides stiffer penalties for irresponsible parents by
imposing long years of imprisonment and stricter amount of fines.

The passage of this bill is thus earnestly requested.

CAROL/SAYNE B. LOPEZ
(CAP Party List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

FIFTEENTH CONGRESS
24 Regular Session

HOUSE BiLi fio.__ 5522

Introduced by Hon. Carol Jayne B. Lopez _

AN ACT PROVIDING PENALTIES TO
PARENTS ACTING IRRESPONSIBLY,
AND FOR OTHER PURPOSES.

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

Section 1.Short Title - This Act shall be known as the “Irresponsible Parenting
Act of 2011”.

Section 2. Declaration of Policy — It is hereby declared the policy of the State
to promote the welfare of children by necessarily preventing their exposure to
conditions which are unwarranted, oppressive and perilous whether physically,
emotionally or psychologically, and for this purpose, ensure that their parents
or those exercising parental authority over them shall refrain from neglecting
their responsibility over their children to the end that the latter’s utmost
welfare is protected.

Section 3. Irresponsible Acts — Parents and guardians or those exercising
parental authority over their children/ward shall be liable for the following
acts:

1. failing or neglecting to provide proper education to their unemancipated
minor children/wards when their financial position permits them;

2. allowing their unemancipated minor, 17 years old and below, to loiter
and/or play/wander unsupervised by an adult in public, in motor-
vehicle/traffic/accident prone areas like streets, roads, highways and
thoroughfares thereby exposing said minors to road and/or vehicular
accidents;

3. knowingly allowing their unemancipated minor children/ward, 15 years
and below and 16-17 years old but acting without discernment and
therefore exempt from criminal liability to engage or participate in any
criminal activity;

4. failing to secure their firearms thereby becoming accessible to minors
who make use of them for whatever purpose;

5. failing to seek assistance or intervention to “children at risk” as defined
under Section 4(d) of Republic Act No. 9344 with the community based
programs under the Juvenile Justice and Welfare system or any juvenile
intervention program of the local government unit concerned;

6. failing to comply with the appropriate diversion programs and conditions
established by the local social worker concerned in cases of “children in
conflict with the law” as defined under Section 4(e) of RA No. 9344; or

7. allowing or failing to prevent the minor from being a member of a street
gang.


Section 4. Liabilities and penalties. - The following shall be the penalties for
the acts enumerated in Section 3 hereof:

1. for acts covered by subsections 1 and 2 - for first violation, the penalty
of imprisonment from six months to one year and/or fine in the amount
ranging from ten to twenty thousand pesos, at the discretion of the court;
for the second violation, imprisonment of one year to 2 years and/or fine
in the amount ranging from twenty to forty thousand pesos, at the
discretion of the court etc; for third violation, imprisonment of 2 years to
4 years and/or fine in the amount ranging from forty to sixty thousand
pesos, at the discretion of the court;

2. for violation of subsections 3 and 4 — the penalty corresponding to the
felony or crime committed by the unemancipated minor, had he/she
been convicted but always in the maximum period, shall be imposed
upon the parents/ guardians;

3. for violation of subsections 5,6 and 7 - for first violation, the penalty of
imprisonment from 10 to 12 years and/or fine in the amount ranging
from fifty thousand to sixty thousand pesos, at the discretion of the
court; for the second violation, imprisonment of 12 years to 14 years
and/or fine in the amount ranging from sixty to seventy thousand pesos,
at the discretion of the court etc; for third violation, imprisonment of 14
years to 16 years and/or fine in the amount ranging from seventy to
eighty thousand pesos, at the discretion of the court, and so on.

Further, in addition to the penalties imposed, the parent/guardian
found liable shall be required to undergo counseling by the Department of
Social Welfare and Development.

For this purpose, should there be more than one minor involved, one
minor is considered one violation. And, in case of conviction, the judgment of
the court shall always indicate who shall exercise parental authority and
supervision over the minor involved, taking into consideration pertinent laws
and rules and with particular regard to the best interest of the child.

Section 5. Implementing Rules and Regulations — The Department of Social
Welfare and Development and the Department of Justice shall jointly issue the
rules and regulations necessary to implement this Act.

Section 6. Repealing Clause - All acts or parts of acts, executive orders and
their implementing rules inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

Section 7. Separability Clause - If any provision of this Act is declared
invalid, the remainder of this Act or any provisions not affected thereby shall
remain in force and in effect.

Section 8. Effectivity Clause - This Act shall take effect after 15 days from its
publication in at least two newspapers of general circulation.