{. , , 
'~ ;: 
J ' 
'''l.\ ~ 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'1 ') 
il\UV
I 
-, 
. )~; " -, 
1/, 
I 
. J 
In,. 
SENATE 
COMMITTEE REPORT NO. __ 
4_S_3_ 
Submitted jointly by the Coml1!ittees,ol) ~ustice and Human Rights and Youth, Women 
and Family Relations on 
NOV)] j 1011 
3324 
Re: 
Senate Bill No. --------' 
Recommending its approval in substitution of S. Nos. 43, 2403 and 2488, taking into 
consideration P.S.Res. Nos. 404 and 748. 
Sponsor: Senator Escudero 
MR. PRESIDENT: 
The Committees on Justice and Human Rights and Youth, Women and Family 
Relations to which were -referred S. No. 43, introduced by Senator Vicente C. Sotto, III, 
entitled: 
"AN ACT 
TO LOWER THE AGE OF EXEMPTION FROM CRIMINAL RESPONSIBILITY 
AMENDING SECTIONS 6, 20, 22, 23, 58 AND 64 OF R.A. 9344 OTHERWISE 
KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND 
FOR OTHER PURPOSES." 
S. No. 2403, introduced by Senator Ramon "Bong" Revilla, Jr., entitled: 
"AN ACT 
AMENDING SECTIONS 6, 8, 20, 22, 33 AND 57 OF REPUBLIC ACT NO. 9344, 
OTHERWISE KNOWN AS "JUVENILE JUSTICE AND WELFARE ACT OF 
2006." 


And S. No. 2488, introduced by Senator Francis N. Pangilinan, entitled: 
"AN ACT 
AMENDING REPUBLIC ACT NO. 9344 OTHERWISE KNOWN AS "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. " 
Taking into consideration, P.S.Res.No. 404, introduced by Senator Manny Villar., 
entitled: 
"RESOLUTION 
URGING THE SENATE COMMITTEES ON CONSTITUTIONAL 
AMENDMENTS, REVISION OF CODES AND LAWS; YOUTH, WOMEN AND 
FAMILY RELATIONS TO REVISIT, IN AID OF LEGISLATION, REPUBLIC 
ACT NO. 9344 OTHERWISE KNOWN AS JUVENILE JUSTICE AND 
WELFARE ACT OF 2006, WITH THE END IN VIEW OF STRENGTHENING 
AND ENSURING THE EFFECTIVENESS OF THE MEASURE TO FULLY 
ACHIEVE THE NOBLE OBJECTIVES OF THE LAW." 
And P.S. Res. No. 748, introduced by Senator Miriam Defensor-Santiago, entitled: 
"RESOLUTION 
DIRECTING THE PROPER SENATE COMMITTEE TO CONDUCT AN 
INQUIRY, IN AID OF LEGISLATION, ON THE NEED TO CONDUCT AN 
OVERSIGHT ASSESSMENT OF THE JUVENILE JUSTICE ACT AND 
CONSIDER POSSIBLE AMENDMENTS TO THE LAW SPECIFICALLY ON 
THE IMPOSITION OF CRIMINAL LIABILITY ON CHILDREN ABOVE 12 
YEARS OLD IF PROVEN THAT THEY ACTED WITH DISCERNMENT." 
have considered the same and have the honor to report them back to the Senate with the 
recommendation that the attached Senate Bill No. 
3324, prepared by 
the Committees, entitled: 
"AN ACT 
AMENDING REPUBLIC ACT NO. 9344 OTHERWISE KNOWN AS THE 
"JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND APPROPRIATING 
FUNDS THEREFOR" 


be approved in substitution of S. Nos. 43, 2403, and 2488, taking into consideration P.S. 
Res. Nos. 404 and 748, with Senators Sotto, Revilla, Pangilinan, Villar, Defensor-
Santiago, Escudero, and Cayetano, P. as authors thereof. 


Respectfully submitted: 
12 
/JJ ~/-t~ 
SEN.~S.~YETANO 
Chairperson, 
Committee on Youth, Women, and 
Family Relations 
SEN. FRANCIS G. ESCUDERO 
Chairman, 
Committee on Justice and Human Rights 
.).. 
ic C~,,:,;:::::GONA III 
Committee on lstice and Human Rights 
~ 
SEN. 
ILLAR 
Vice Chair, Clle. 
1 Youth, Women & !'amily Relations 
Cites. on Justice and Human Rights 
& Youth, Women & Family Relations 
4 rtflAV 
I 
. 
SEN. SERGIO R. OSMENA III 
Cttee. on Justice and Human Rights 
SEN. JOKER P. ARROYO 
Cltee. on Justice and Human Rights 
MEMBERS: 
SEN. LOREN B. LEGARDA 
Vice Chair, Ctte. on Youth, Women, Family ReI. 
Member, Ctte.on Justice and Human Rights 
A'VV\~..Av 
s..{~UIhNO PIMENTEL III 
Cites. o~ Justice and Human Rights and 
Youth, Women and Family Relations 


vV\V'I'JI 
M.1·0 
SEN. ~L 
M. LAPID 
Cite. on Youth, Women & Family Relations 
SEN. 
REGORIO B. HONASAN II 
Youth, Women & Family Relations 
(I 
jA_ / /~ 
S~GARDO J. ANGARA
tJ 
SEN.FERDI AND ~ MARCOS, JR. 
Ctte. on Youth, Women & Family Relations 
Cite. on Yout , Women & Family Relations 
Ex-Officio Members: 
~ 
SEN. ALAN PETER CA YET ANO 
Senate Minority Floor Leader 
HON. JUAN PONCE ENRILE 
Senate President 
.'~ 
.< 
. 
"I : 
S 
. VICEN~ 'C. SO . TO III 
Senate Majority\floor Leader 
\ 


SALIENT FEATURES OF THE AMENDMENTS TO RA 9344, 
THE JUVENILE JUSTICE AND WELFARE ACT OF 2006 
The amendments seek to address the concerns raised in public hearings and the 
technical working group meeting conducted by the Committee on Justice and Human 
Rights, as well as those expressed in other venues, on perceived gaps in RA 9344. 
The amendments do not seek to change the substance of the RA 9344, but rather to 
improve it so that it can be better implemented. 
The salient features of the proposed amendments to RA 9344 are: 
I. The Juvenile Justice and Welfare Council is now completely under the 
Department of Social Welfare and Development, with both the Chairperson 
and the Secretariat under the DSWD. This addresses the difficulties posed 
by having the chairperson and the secretariat under different departments, 
i.e., the DSWD and the DOJ, respectively. 
2. It clarifies the meaning of "fifteen years of age," the age of criminal 
responsibility, which has often been misconstrued leading to the release of 
children who should otherwise be subject to formal proceedings. 
3. It requires the nwc to consult the different leagues of local officials in 
developing policies to implement RA 9344. 
4. The nwc is required to conduct a periodic study on the age of discernment, 
which can provide basis for a legislative review. 
5. It provides for what shall be done to children who are criminally exempt in 
order to ensure that they undergo the appropriate intervention programs, 
including commitment to a residential facility where appropriate. Particular 
attention is given to those who are repeat offenders and those who have 
committed specific violent offenses, i.e., heinous crimes. 
6. It provides the maximum penalty for those who exploit children for the 
commission of criminal offenses. 
7. It provides for assistance to victims of crimes committed by children. 
8. It provides for a mechanism to determine if a child had acted with 
discernment. 
9. It requires that discernment be alleged in the information in a criminal case 
where the accused is a child. 
10. It provides for the proper application of curfew ordinances as measures to 
protect children.