Minimum Age of Criminal Responsibility (Juvenile Justice and Welfare Act)

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 JUL 10 P2:27 First Regular Session SENATE RECEIVED BY. S. No. 3'72 Introduced by Senator Robinhood Padilla AN ACT LOWERING THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS "THE JUVENILE JUSTICE AND WELFARE ACT OF 2006", AS AMENDED, AND FOR OTHER PURPOSES EXPLANATORY NOTE The discourse on the minimum age of criminal responsibility has been replete with contentions. While we make it clear that our thrust is to ensure that youth offenders are dealt with through the lens of restorative and not punitive justice, we must guarantee that the integrity of our justice system remains and that we do not condone a more precarious state of abuse towards our children. The existing Juvenile Justice Welfare Act of 2006 provides for the minimum age of criminal responsibility at fifteen (15) years old. However, children are more exposed to modern sensibilities and are more predisposed to risk-taking behaviors, as evidenced by the growing number of youth offenders in the country. It has also been argued that technological advancements today from which our children are heavily exposed result in faster development of matured discernment even at an early age. The law remains unresponsive, if not completely remiss in exacting justice, from juvenile offenses relative to heinous crime, which this bill defines as parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery with homicide or rape, destructive arson, rape, carnapping where the driver

or occupant is killed or raped, or offenses under the Comprehensive Dangerous Drugs Act of 2002, punishable by more than 12 years of imprisonment. This bill, therefore, seeks to amend Republic Act No. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006 in order to deal with children in conflict with the law justly and effectively and encourage confidence in our justice system that will fundamentally benefit the well-being and welfare of the whole society. Towards this end, the immediate passage of this bill is earnestly sought. ROBINHOOD PADILLA Senator

FOCITIE mat Chie of tie ductory ) TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 JUL 10 P2:27 SENATE RECEIVED BY: S. No. _ 3'72 Introduced by Senator Robinhood Padilla AN ACT LOWERING THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS "THE JUVENILE JUSTICE AND WELFARE ACT OF 2006", AS AMENDED, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 4 of Republic Act No. 9344 is hereby amended to read as

follows: "SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows: XXX (s) 'Bahay Pag-asa' - refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited non-government organizations (NGOs) providing short-term residential care for children in conflict with the law who are [above fifteen (15)] TEN (10) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction[-] EXCEPT WHEN THE OFFENSE CHARGED IS A HEINOUS CRIME, AS PROVIDED IN THIS ACT." XXX"

Section 2. Section 6 of Republic Act No. 9344, as amended, is hereby amended

to read as follows: "SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) 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. XXX NOTWITHSTANDING WITH THE FOREGOING, AN OFFENDER ABOVE TEN (10) YEARS BUT BELOW EIGHTEEN (18) YEARS OF AGE WHO COMMITTED A HEINOUS CRIME SHALL NOT BE EXEMPT FROM CRIMINAL LIABILITY. FOR PURPOSES OF THIS ACT, HEINOUS CRIMES INCLUDE PARRICIDE, MURDER, INFANTICIDE, KIDNAPPING AND SERIOUS ILLEGAL DETENTION WHERE THE VICTIM IS KILLED OR RAPED, ROBBERY WITH HOMICIDE OR RAPE, DESTRUCTIVE ARSON, RAPE, CARNAPPING WHERE THE DRIVER OR OCCUPANT IS KILLED OR RAPED, OR OFFENSES UNDER REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, PUNISHABLE BY MORE THAN TWELVE (12) YEARS OF IMPRISONMENT."

Sec. 3. Section 20 of Republic Act No. 9344, as amended, is hereby amended

to read as follows: "SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. The child shall be subjected to a

community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or 'Bahay Pag-asa' managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD. XXX THIS PROVISION SHALL NOT APPLY WHEN THE OFFENSE CHARGE IS A HEINOUS CRIME, AS PROVIDED IN THIS ACT."

Sec. 4. Section 20-B of Republic Act No. 9344, as amended, is hereby amended

to read as follows: "SEC. 20-B. Repetition of Offenses. - A child who is above [twelve (12)] FIFTEEN (15) years of age up to [fifteen (15)] EIGHTEEN (18) years of age and who commits a[a] NON- HEINOUS offense for the second time or oftener: Provided, That the child was previously subjected to a community-based intervention program, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall undergo an intensive intervention program supervised by the local social welfare and development officer: Provided, further, That if the best interest of the child requires that he/she be placed in a youth care facility or 'Bahay Pag-asa', the child's parents or guardians shall execute a written authorization for the voluntary commitment of the child: Provided, finally, That if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended."

Sec. 5. Section 38 of Republic Act No, 9344, as amended, 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] A NON-HEINOUS offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. XXX"

Sec. 6. Section 64 of Republic Act No. 9344, as amended, is hereby

amended to read as follows: "SECTION 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon effectivity of this Act, cases of children fifteen (15) years old and below at the time of the commission of [the] A NON-HEINOUS crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. Such officer, upon thorough assessment of the child, shall determine whether to release the child to the custody of his/her parents, or refer the child to prevention programs, as provided under this Act. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child.

Sec. 7. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Sec. 8. Repealing Clause. - Article 266 (1)(d) of Act No. 3815, otherwise known

2 as "The Revised Penal Code," as amended, and all other laws, decrees, orders, rules 3 and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec. 9. Effectivity Clause. — This Act shall take effect fifteen (15) days after its

6 complete publication in the Official Gazette or in at least two (2) newspapers of general 7 circulation. After the effectivity, this Act shall be promulgated in Filipino. Approved,