Pr AEP RES
sa
[5° RECEIVED

pate: LACT 9

. No. 9344 provides that the minimum age of criminal responsibility
shall be fifteen (15) years of age and below at the time of the commission of
offense. However, this statute had caused the more exploitation of the youth
than their protection. Reports revealed that many crimes were committed
through children below 15 years of age. Some of these are from less serious

Moreover, with the advent of the advanced information technology that
improved communication and education among the youth, the determination

‘an age of nine (9) years oki and above.
‘Therefore, approval of this bill is eamesity requested.

Tobias “Toby” Tlangeo


AMENDING CERTAIN PROVISIONS OF THE REPUBLIC ACT NO. 9344
OTHERWISE KNOWN AS THE JUVENILE JUSTICE AND WELFARE ACT

SECTION 14. Seotion 6 of the Republic Act No. 0344 otherwice known
98 the Juvenile Justice and Welfare Act of 2006 is hereby amended to read as
follows:

“SEC. 6. Minimum Age of Crininal Responsibility. - A child
NINE (9) years of age or under at the time of the commission 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 above NINE (9) years but below FIFTEEN (15) years of
age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she haa acted
with discemment, in which case, such child shall be subjected to
the appropriate proceedings in accordance with this Act.

A child above fifteen (15) years but below eighteen (18) years of
age is presumed to have acted with discemment in which case
he/she cannot avail of the diversion program under this Act and
he/she will be tried as an adui in accordance with the provision of
the Rules of Court.

‘The exemption from criminal fability herein established does not

include exemption from civil kability, which shail be enforced in
accordance with existing laws.”


SECTION 2. Section 38, of the Republic Act No. 9344 otherwise known as the
Juvenile Justice and Welfare Act of 2006, is hereby amended to read as
follows:

SEC. 38. Automatic Suspension of Sentence. - Once the child
who is under eighteen (18) years of age at the time of the
commission of the offense is found guitty of the offense charged,
the court shall determine and ascertain any civil liability which may
have resulted from the offense committed. However, instead of
pronounsing the judgment of conviction, the court shall place the
child in conflict with the law under suspended sentence, without
need of application.

Upon suspension of sentence and after considering the various
circumstanges of the child, the court shall impose the appropriate
disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.

SECTION 3. Section 58, of the Republic Aat No. 9344 otherwise known as the
Juvenile Justice and Welfare Act of 2006, is hereby amended to read as
follows:

SEC. 58. Offenses Not Applicable to Children. - Persons below
eighteen (18) years of age shall be exempt from prosenation for
the crime of vagrancy and mendicancy as defined under the
Revised Penal Code and Presidentiat Decree No. 1619,
respectively.

xxx”

Sec. 4. Repeating Cisuse. - All laws, acts, decrees, executive orders,
issuances, and rules and regutations or parts thereof which are contrary to
and inconsistent with any provisions of this Act are hereby repealed,
amended, or modified accordingly.

Sec. 5. Separabiity Cinuse. — if any provision of this Act is
provisions hereof shall remain in full force and effect

Sec. 6. Effectivity. - This Act shall take effect immediately after its
complete publication either in the Official Gazette or in a newspaper of
general circulation in the Philippines.

Approved,