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HOUSE OF REPRESENTATIVES se,_2° 0" 2016

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SEVENTEENTH (17") CONGRESS ..-¢ sow vor
First Regular Session|_BWLS ano ier X SERVICE

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House Bill No.

Introduced by
Capiz Second District Representative
Fredenil H. Castro

Co-sponsored by
Davao del Norte First District Representative
Pantaleon D. Alvarez

EXPLANATORY NOTE

This bill seeks to amend Republic Act No. 9344, the
“Juvenile Justice and Welfare Act of 2006”, more popularly
known as the Pangilinan Law, as amended by Republic Act
No. 10630, “An Act 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”.

R.A. 9344, more specifically Section 6 thereof, raised
the minimum age of criminal responsibility from nine (9)
years old to fifteen (15) years old. While the intent of
protection of the Filipino youth may be highly laudable, its
effects have had the opposite effects - the pampering of
youthful offenders who commit crimes knowing they can get

HOUSE % RFORESTNTATIVES


2

away with it. Worse, adult criminals — individually and/or in
organized cabal — knowingly and purposely make use of
youth below 15 years of age to commit crimes, such as drug
trafficking, aware that they cannot be held criminally liable.

The choice of nine (9) years as the minimum age of
criminal responsibility under the Revised Penal Code was
infused with wisdom. Most children above this age,
especially in these times when all forms and manner of
knowledge are available through the internet and digital
media, are already fully informed and should be taught that
they are responsible for what they say and do.

Hence, the need to revert the minimum age of criminal
liability back to that set forth in the Revised Penal Code.

In view of the foregoing, approval of this measure is
earnestly sought and requested.

H. CASTRO PANTALEON D/ ALVAREZ
Representative Represenfftive
Second District First District

Capiz Davao del Norte



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

SEVENTEENTH (17") CONGRESS
First Regular Session

Fy
House Bill No. ~ we

Introduced by
Capiz Second District Representative
Fredenil H. Castro

Co-sponsored by
Davao del Norte First District Representative
Pantaleon D. Alvarez

AN ACT AMENDING REPUBLIC ACT NO. 9344, AS
AMENDED BY REPUBLIC ACT NO. 10630, AND REVERTING
THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY FROM

FIFTEEN (15) YEARS OLD TO NINE (9) YEARS OLD

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 “Minimum Age of.Criminal Responsibility Act.”

SECTION 2. Declaration of Policy. — \t is the policy of
the State to ensure that the Filipino youth shall be taught to
accept responsibility for their words and deeds as early as
possible, and not to unduly pamper them with impunity from


criminal responsibility upon reaching the age of nine (9)
years.

SECTION 3. Amendment of Republic Act No. 9334, as
amended by R.A. No. 10630. —- Section 6 of Republic Act No.
9334, as amended by R.A. No. 1030, is hereby amended to
read:

“Section 6. Minimum age of criminal responsibility. — A
child under nine (9) years of age at the time of the
commission of an offense shall be exempt from criminal
liability. However, such child shall be subjected to an
intervention program under Section 20 of this Act.

“A child shall be deemed to be nine (9) years of age on
the day of the ninth anniversary of his/her birthdate.

“A child nine (9) years of age and above but below
eighteen (18) years of age shall likewise be exempt from
criminal liability and subjected to an intervention program,
unless he/she is determined to have acted with discernment,
in which case he/she shall be subjected to 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.”

SECTION 4. Separability Clause. — If any provision of
this Act is declared unconstitutional, the remainder of this
Act or any provision hereof not affected thereby shall
remain in full force and effect.

SECTION 5. Repealing Clause. — All laws, decrees,
executive orders, implementing rules and_ regulations,
issuances, or any part thereof inconsistent with the
provisions of this Act, including Section 6 of Republic Act


No. 9334, as amended by R.A. No. 10630, are deemed
repealed and/or amended or modified accordingly.

SECTION 6. Effectivity. - This Act shall take effect
fifteen (15) days after its publication in the Official Gazette
or in a newspaper of general circulation.

Approved,