Republic Act No 10630
Republic Act No 10630
Republic Act No 10630
10630
AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND
WELFARE ACT OF 2006" AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. The Title of Republic Act No. 9344 is hereby amended to read as follow s: "An
Act Establishing a Comprehensive Juv enile Justice and Welfare System, Creating the
Juv enile justice and Welfare Council under the Department of Social Welfare and
Dev elopment, Appropriating Funds Therefor, and for Other Purposes."
Section 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follow s:
"SEC. 4. Definition of Terms. The following terms as used in this Act shall be defined
as follow s:
"x x x
"(s) Bahay Pag-asa refers to a 24-hour child-caring institution established,
funded and managed by local gov ernment units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs) providing short-term residential
care for children in conflict w ith the law w ho are abov e fifteen (15) but below
eighteen (18) years of age w ho are aw aiting court disposition of their cases or
transfer to other agencies or jurisdiction.
"Part of the features of a Bahay Pag-asa is an intensiv e juvenile intervention and
support center. This w ill cater to children in conflict w ith the law in accordance
w ith Sections 20, 20-A and 20-B hereof.
"A multi-disciplinary team composed of a social w orker, a psychologist/mental
health professional, a medical doctor, an educational/guidance counselor and
a Barangay Council for the Protection of Children (BCPC) member shall operate
the Bahay Pag-asa. The team w ill w ork on the indiv idualized intervention plan
w ith the child and the childs family.
"x x x."
Section 3. Section 6 of Republic Act No. 9344 is hereby amended to read as follow s:
"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. How ever, the child shall be subjected to an interv ention program pursuant
to Section 20 of this Act.
"A child is deemed to be fifteen (15) years of age on the day of the fifteenth
anniv ersary of his/her birthdate.
"A child abov e fifteen (15) years but below eighteen (18) years of age shall likewise
be exempt from criminal liability and be subjected to an interv ention program,
unless he/she has acted w ith discernment, in w hich case, such child shall be
subjected to the appropriate proceedings in accordance w ith this Act.
"The exemption from criminal liability herein established does not include
exemption from civ il liability, w hich shall be enforced in accordance with existing
law s."
Section 4. Section 8 of Republic Act No. 9344 is hereby amended to read as follow s:
"SEC. 8. Juvenile Justice and Welfare Council (JJWC). A Juv enile Justice and
Welfare Council (JJWC) is hereby created and attached to the Department of
Social Welfare and Dev elopment and placed under its administrativ e supervision.
The JJWC shall be chaired by an Undersecretary of the Department of Social
Welfare and Development. It shall ensure the effective implementation of this Act
and coordination among the follow ing agencies:
"(a) Department of Justice (DOJ);
"(b) Council for the Welfare of Children (CWC);
"(c) Department of Education (DepED);
"(d) Department of the I nterior and Local Gov ernment (DI LG);
"(e) Public Attorneys Office (PAO);
"(f) Bureau of Corrections (BUCOR);
"(g) Parole and Probation Administration (PPA);
"(h) National Bureau of I nv estigation (NBI );
"(i) Philippine National Police (PNP);
"(j) Bureau of Jail Management and Penology (BJMP);
"(k) Commission on Human Rights (CHR);
"(l) Technical Education and Skills Dev elopment Authority (TESDA);
"(m) National Youth Commission (NYC); and
"(n) Other institutions focused on juv enile justice and interv ention programs.
"The JJWC shall be composed of representatives, w hose ranks shall not be lower
than director, to be designated by the concerned heads of the following
departments or agencies and shall receive emoluments as may be determined
by the Council in accordance w ith existing budget and accounting rules and
regulations:
"(1) Department of Justice (DOJ);
"(2) Department of Social Welfare and Dev elopment (DSWD);
"(3) Council for the Welfare of Children (CWC);
"(4) Department of Education (DepED);
"(5) Department of the I nterior and Local Gov ernment (DI LG);
"(6) Commission on Human Rights (CHR);
"(7) National Youth Commission (NYC);
"(j) To initiate and coordinate the conduct of trainings for the personnel of
the agencies inv olved in the administration of the juv enile justice and
w elfare system and the juv enile interv ention program;
"(k) To submit an annual report to the President on the implementation of
this Act; and
"(l) To perform such other functions as may be necessary to implement the
prov isions of this Act."
"SEC. 9-A. Duties and Functions of the RJJWC. The RJJWC shall hav e the following
duties and functions:
"(a) To ov ersee and ensure the effective implementation of this Act at the
regional lev el and at the lev el of the LGUs;
"(b) To assist the concerned agencies in the implementation and in
compliance w ith the JJWCs adopted policies/regulations or provide
substantial inputs to the JJWC in the formulation of new ones in line with the
prov isions of this Act;
"(c) To assist in the dev elopment of the comprehensive 3 to 5-year local
juv enile intervention program, w ith the participation of concerned LGUs,
NGOs and youth organizations w ithin the region and monitor its
implementation;
"(d) To coordinate the implementation of the juv enile intervention programs
and activ ities by national gov ernment agencies and other activ ities w ithin
the region;
"(e) To ov ersee the programs and operation of the intensiv e juv enile
interv ention and support center established w ithin the region;
"(f) To collect relevant regional information and conduct continuing
research and support ev aluations and studies on all matters relating to
juv enile justice and w elfare w ithin the region, such as, but not limited to:
"(1) Performance and results achiev ed by juv enile interv ention
programs and by activ ities of the LGUs and other gov ernment
agencies w ithin the region;
"(2) The periodic trends, problems and causes of juv enile
delinquency and crimes from the LGU lev el to the regional level; and
"(3) The particular needs of children in conflict w ith the law in custody
w ithin their regional jurisdiction.
"The data gathered shall be forw arded by the RJJWC to the JJWC on an
annual basis and as may be deemed necessary by the JJWC.
"(g) Through duly designated persons and w ith the assistance of the
agencies prov ided in the preceding section, to conduct regular
inspections in detention and rehabilitation facilities within the region and to
undertake spot inspections on their ow n initiativ e in order to check
compliance w ith the standards prov ided herein and to make the necessary
reports and recommendations to appropriate agencies and to the JJWC;
"(h) To initiate and coordinate the conduct of trainings for the personnel of
the agencies inv olved in the administration of the juv enile justice and
w elfare system and the juv enile interv ention program w ithin the region;
"(i) To submit an annual report to the JJWC on the implementation of this
Act; and
"(j) To perform such other functions as may be determined by the JJWC to
implement the prov isions of this Act."
Section 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follow s:
"SEC. 20. Children Below the Age of Criminal Responsibility. I f it has been
determined that the child taken into custody is fifteen (15) years old or below, the
authority w hich w ill hav e an initial contact w ith the child, in consultation w ith the
local social w elfare and dev elopment officer, has the duty to immediately release
the child to the custody of his/her parents or guardian, or in the absence thereof,
the childs nearest relativ e. The child shall be subjected to a community-based
interv ention program superv ised by the local social w elfare and dev elopment
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.
"The local social w elfare and dev elopment officer shall determine the appropriate
programs for the child w ho has been released, in consultation w ith the child and
the person hav ing custody ov er the child. I f the parents, guardians or nearest
relativ es cannot be located, or if they refuse to take custody, the child may be
released to any of the follow ing:
"(a) A duly registered nongov ernmental or religious organization;
"(b) A barangay official or a member of the Barangay Council for the
Protection of Children (BCPC);
"(c) A local social w elfare and dev elopment officer; or, w hen and w here
appropriate, the DSWD.
"I f the child has been found by the local social w elfare and dev elopment officer
to be dependent, abandoned, neglected or abused by his/her parents and the
best interest of the child requires that he/she be placed in a youth care facility or
Bahay Pag-asa, the childs parents or guardians shall execute a w ritten
authorization for the v oluntary commitment of the child: Provided, That if the child
has no parents or guardians or if they refuse or fail to execute the w ritten
authorization for v oluntary commitment, the proper petition for inv oluntary
commitment shall be immediately filed by the DSWD or the Local Social Welfare
and Dev elopment Office (LSWDO) pursuant to Presidential Decree No. 603, as
amended, otherw ise know n as The Child and Youth Welfare Code and the
Supreme Court rule on commitment of children: Provided, further, That the
minimum age for children committed to a youth care facility or Bahay Pag-asa
shall be tw elv e (12) years old."
"SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal
Responsibility. A child w ho is abov e tw elve (12) years of age up to fifteen (15)
years of age and w ho commits parricide, murder, infanticide, kidnapping and
serious illegal detention where the victim is killed or raped, robbery, with homicide
or rape, destructive arson, rape, or carnapping w here the driv er or occupant is
killed or raped or offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than tw elve (12) years of
"Upon serv ing the subpoena and the affidav it of complaint, the prosecutor shall
notify the Public Attorneys Office of such serv ice, as w ell as the personal
information, and place of detention of the child in conflict w ith the law .
"Upon determination of probable cause by the prosecutor, the information
against the child shall be filed before the Family Court w ithin forty-five (45) days
from the start of the preliminary inv estigation. The information must allege that the
child acted w ith discernment."
Section 9. Section 49 of Republic Act No. 9344 is hereby amended to read as follow s:
"SEC. 49. Establishment of Bahay Pag-Asa. Each province and highly-urbanized
city (the LGUs) shall be responsible for building, funding and operating a Bahay
Pag-asa w ithin their jurisdiction follow ing the standards that w ill be set by the
DSWD and adopted by the JJWC.
"Ev ery Bahay Pag-asa w ill hav e a special facility called the I JI SC. This Center will
be allocated for children in conflict w ith the law in accordance w ith Sections 20,
20-A and 20-B hereof. These children w ill be required to undergo a more intensive
multi-disciplinary interv ention program. The JJWC in partnership w ith, but not
limited to, the DSWD, the DOH, the DepED and the DI LG, w ill develop and set the
standards for the implementation of the multi-disciplinary interv ention program of
the I JI SC. Upon institutionalization of the I JISC program, the JJWC w ill continue to
monitor and prov ide technical assistance to the multi-disciplinary teams operating
the said centers."
Section 10. Section 50 of Republic Act No. 9344 is hereby amended to read as follow s:
"SEC. 50. Care and Maintenance of the Child in Conflict with the Law. x x x
"The LGUs expected expenditures on the local juv enile interv ention program for
children at risk and children in conflict w ith the law shall be included in the LGUs
annual budget. Highly-urbanized cities and prov incial gov ernments should
include a separate budget for the construction and maintenance of the Bahay
Pag-asa including the operation of the I JI SC w ithin the Bahay Pag-asa."
Section 11. Section 57 of Republic Act No. 9344 is hereby amended to read as follow s:
"SEC. 57. Status Offenses. Any conduct not considered an offense or not
penalized if committed by an adult shall not be considered an offense and shall
not be punished if committed by a child."
"SEC. 57-A. Violations of Local Ordinances. Ordinances enacted by local
gov ernments concerning juv enile status offenses such as, but not limited to,
curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking
law s, as w ell as light offenses and misdemeanors against public order or safety
such as, but not limited to, disorderly conduct, public scandal, harassment,
drunkenness, public intoxication, criminal nuisance, v andalism, gambling,
mendicancy, littering, public urination, and trespassing, shall be for the protection
of children. No penalty shall be imposed on children for said v iolations, and they
shall instead be brought to their residence or to any barangay official at the
barangay hall to be released to the custody of their parents. Appropriate
interv ention programs shall be provided for in such ordinances. The child shall also
be recorded as a child at risk and not as a child in conflict w ith the law . The
ordinance shall also prov ide for interv ention programs, such as counseling,
attendance in group activ ities for children, and for the parents, attendance in
parenting education seminars."
Section 12. Mandatory Registry of Children in Conflict with the Law. All duty-bearers,
including barangay/BCPC w orkers, law enforcers, teachers, guidance counselors, social
w orkers and prosecutors w ho w ill receive report, handle or refer cases of children in
conflict w ith the law , shall ensure a faithful recordation of all pertinent information, such
as age, residence, gender, crime committed or accused of and the details of the
interv ention or div ersion, as the case may be, under w hich they w ill undergo or has
undergone, of all children in conflict w ith the law to guarantee the correct application
of the prov isions of this Act and other law s. The JJWC shall lead in the establishment of a
centralized information management system on children in conflict w ith the law . This
prov ision is how ev er w ithout prejudice to Section 43 of this Act.
Section 13. Section 63 of Republic Act No. 9344 is hereby amended to read as follow s:
"SEC. 63. Appropriations. The amount necessary to carry out the provisions of this
Act shall be charged against the current years appropriations of the JJWC under
the budget of the Department of Justice. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the
budget of the DSWD under the annual General Appropriations Act: Provided, That
the amount of Four hundred million pesos (P400,000,000.00) shall be appropriated
for the construction of Bahay Pag-asa rehabilitation centers in provinces or cities
w ith high incidence of children in conflict w ith the law to be determined and
identified by the DSWD and the JJWC on a priority basis: Provided, further, That the
said amount shall be coursed through the Department of Public Works and
Highw ays (DPWH) for its proper implementation.
"The LGUs concerned shall make av ailable, from its ow n resources or assets, their
counterpart share equiv alent to the national gov ernment contribution of Five
million pesos (P5,000,000.00) per rehabilitation center.
"I n addition, the Council may accept donations, grants and contributions from
v arious sources, in cash or in kind, for purposes relevant to its functions, subject to
the usual gov ernment accounting and auditing rules and regulations."
Section 14. Implementing Rules and Regulations. The JJWC shall promulgate the
necessary rules and regulations w ithin sixty (60) days from the effectiv ity of this Act.
Section 15. Separability Clause. I f any provision of this Act is held unconstitutional, other
prov isions not affected thereby shall remain v alid and binding.
Section 16. Repealing Clause. All law s, decrees, ordinances and rules inconsistent with
the prov isions of this Act are hereby modified or repealed accordingly.
Section 17. Effectivity Clause. This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gazette or in at least tw o (2) national
new spapers of general circulation.