Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5930

Introduced by Representative EDGAR R. ERICE.

EXPLANATORY NOTE

The bill seeks to create a youth rehabilitation center (10 be known as Bahay Pag-Asa
or Bahay Kalinga) in every city or municipality for youth offenders under detention in
accordance with the physical standards set by Republic Act 9344 as amended by Republic
Act 10630.

‘The Philippines is one of the signatories to the Convention on the Rights of the Child
which promotes the best interest of the child. One of the most important rights in the
Convention on the Rights of the Child is enshrined in Article 3 which states that “fin all
actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests of
the child shall be a primary consideration.”

Republic Act 9344, otherwise known as the Juvenile Justice and Welfare Act, which

children in conflict with the law from being put in prison.

Bahay Pag-Asa as defined by Republic Act No. 10630 refers to “a 24-hour child-
caring institution established, funded and managed by local goverment units (LGUs) and
licensed and/or accredited nongovernment organizations (NGOs) providing short-term
residential care for children in conflict with the law who are above fifteen (15) but below
cighteen (18) years of age who are awaiting court disposition of their cases or transfer to
other agencies or jurisdiction.”

Republic Act 10630 mandates only highly urbanized cities and provinces to provide a
youth rehabilitation center for children in conflict with the law. Children in conflict with the
law in cities or municipalities which are not highly urbanized are arrested and detained like
adults. Majority of children detained are locked up in dilapidated, unsanitary areas and
deprived of basic needs like clothing and food.

Children in conflict with the law should be given outmost care and attention, and the

government should protect their rights and welfare for the best interest of the child in
accordance with provisions set by the Convention on the Rights of the Child and the Juvenile


Justice and Welfare Act.

Given the needs of the children in detention, it would be best for the interest of the
child to be provided a youth rehabilitation center i every city or municipality in the country
to spare children in conflict with the law from adult prisons and be given rehabilitation while
their case is still pending in court.

In view of the foregoing. the passage of this bill is eamestly sought.

;AR R. ERICE
ve
2™ District Caloocan City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

nouse Bi No. 5930

Introduced by Representative EDGAR R. ERICE

AN ACT
CREATING IN EVERY CITY OR MUNICIPALITY A YOUTH REHABILITATION
CENTER FOR YOUTH OFFENDERS WHILE IN DETENTION

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

SECTION 1. State Policy. It is the policy of the State to provide a youth
rehabilitation center in every highly urbanized city and province as enshrined in Republic Act
No, 934, otherwise known as the “Juvenile Justice and Welfare Act” as amended by
Republic Act No. 10630 and states that each highly urbanized city and province is required to
have a youth rehabilitation center called Bahay Pag-Asa which would spare children in
conflict with the law from being put in prison.

SECTION 2. Youth Rehabilitation Center. A Bahay Pag-Asa or Bahay Kalinga
should be created in every city or municipality for children in conflict with the law while in
detention. This will serve as their temporary detention center while their case is still pending.
The national govemment through the Department of Social Welfare and Development
(DSWD) with the assistance of the respective Local Government Units (LGUs) shall provide
the basic necessities of children in conflict with the law and shall be given guidance and
‘counseling

SECTION 3. Funding. The budgetary allocation needed to carry out the provisions
of this Act is hereby authorized to be appropriated in the General Appropriations Act of the
‘year immediately following its enactment into law.

SECTION 4. Repealing Clause. All laws, decrees, executive orders, rules and
regulations inconsistent with this Act are hereby repealed and/or modified accordingly,

SECTION 5. Effectivity. This Act shall take effect after fifteen (15) days following
the completion of its publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.

Approved,