[REPUBLIC ACT NO.

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 follows: 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.
SEC. 2. 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:
x

(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
nongovernment organizations (NGOs) providing short-term
residential care for children in conflict with the law who are
above fifteen (15) but below eighteen (18) years of age who
are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.

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.
A child is deemed to be fifteen (15) years of age on the day
of the fifteenth anniversary of his/her birthdate.
A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal liability
and be subjected to an intervention program, unless he/she has
acted with discernment, in which case, such child shall be
subjected to the 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.
SEC. 4. Section 8 of Republic Act No. 9344 is hereby
amended to read as follows:
SEC. 8. Juvenile Justice and Welfare Council (JJWC). A
Juvenile Justice and Welfare Council (JJWC) is hereby created
and attached to the Department of Social Welfare and
Development and placed under its administrative 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 following agencies:
(a) Department of Justice (DOJ);
(b) Council for the Welfare of Children (CWC);

Part of the features of a Bahay Pag-asa is an intensive

juvenile intervention and support center. This will cater to
children in conflict with the law in accordance with Sections
20, 20-A and 20-B hereof.

(c) Department of Education (DepED);

A multi-disciplinary team composed of a social worker, 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 will work on the individualized
intervention plan with the child and the childs family.

(e) Public Attorneys Office (PAO);

x.

SEC. 3. Section 6 of Republic Act No. 9344 is hereby

amended to read as follows:

(d) Department of the Interior and Local Government

(DILG);

(f) Bureau of Corrections (BUCOR);

(g) Parole and Probation Administration (PPA);
(h) National Bureau of Investigation (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 Development Authority
(TESDA);

director or its equivalent to be designated by the concerned

department heads from the following agencies and shall
receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and
regulations:

(m) National Youth Commission (NYC); and

(i) Department of Justice (DOJ);
(n) Other institutions focused on juvenile justice and
intervention programs.
The JJWC shall be composed of representatives, whose 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 with existing budget and accounting
rules and regulations:

(ii) Department of Social Welfare and Development

(DSWD);
(iii) Department of Education (DepED);
(iv) Department of the Interior and Local Government
(DILG);
(v) Commission on Human Rights (CHR);

(1) Department of Justice (DOJ);

(vi) Department of Health (DOH);
(2) Department of Social Welfare and Development
(DSWD);
(3) Council for the Welfare of Children (CWC);
(4) Department of Education (DepED);
(5) Department of the Interior and Local Government
(DILG);

(vii) Two (2) representatives from NGOs operating within the

region selected by the RJJWC based on the criteria established
by the JJWC;
(viii) One (1) sectoral representative from the children or
youth sector within the region; and
(ix) One (1) representative from the League of Provinces/
Cities/ Municipalities/ Barangays of the Philippines.

(6) Commission on Human Rights (CHR);

(7) National Youth Commission (NYC);
(8) Two (2) representatives from NGOs, to be designated by
the Secretary of Social Welfare and Development, to be
selected based on the criteria established by the Council;
(9) Department of Health (DOH); and
(10) One (1) representative each from the League of
Provinces, League of Cities, League of Municipalities and
League of Barangays.
There shall be a Regional Juvenile Justice and Welfare
Committee (RJJWC) in each region. The RJJWCs will be
under the administration and supervision of the JJWC. The
RJJWC shall be chaired by the director of the regional office
of the DSWD. It shall ensure the effective implementation of
this Act at the regional and LGU levels and the coordination
among its member agencies.

The JJWC shall convene within fifteen (15) days from the
effectivity of this Act. The Secretary of Social Welfare and
Development shall determine the organizational structure and
staffing pattern of the JJWC national secretariat and the
RJJWC secretariat.
In the implementation of this Act, the JJWC shall consult
with the various leagues of local government officials.
The JJWC shall coordinate with the Office of the Court
Administrator and the Philippine Judicial Academy to ensure
the realization of its mandate and the proper discharge of its
duties and functions, as herein provided.
SEC.5. Section 9 of Republic Act No. 9344 is hereby amended
to read as follows:
SEC. 9. Duties and Functions of the JJWC. The JJWC shall
have the following duties and functions:
(a) To oversee the implementation of this Act;

The RJJWC will be composed of permanent representatives

who shall have a rank not lower than an assistant regional

(b) To advise the President on all matters and policies relating

to juvenile justice and welfare;

The JJWC shall set up a mechanism to ensure that children

are involved in research and policy development.

(c) To assist the concerned agencies in the review and

redrafting of existing policies/regulations or in the formulation
of new ones in line with the provisions of this Act;

(i) Through duly designated persons and with the assistance

of the agencies provided in the preceding section, to conduct
regular inspections in detention and rehabilitation facilities
and to undertake spot inspections on their own initiative in
order to check compliance with the standards provided herein
and to make the necessary recommendations to appropriate
agencies;

(d) To periodically develop a comprehensive 3 to 5-year

national juvenile intervention program, with the participation
of government agencies concerned, NGOs and youth
organizations;
(e) To coordinate the implementation of the juvenile
intervention programs and activities by national government
agencies and other activities which may have an important
bearing on the success of the entire national juvenile
intervention program. All programs relating to juvenile justice
and welfare shall be adopted in consultation with the JJWC;
(f) To consult with the various leagues of local government
officials in the formulation and recommendation of policies
and strategies for the prevention of juvenile delinquency and
the promotion of juvenile justice and welfare;
(g) To formulate and recommend policies and strategies in
consultation with children for the prevention of juvenile
delinquency and the administration of justice, as well as for
the treatment and rehabilitation of the children in conflict with
the law;
(h) To collect relevant information and conduct continuing
research and support evaluations and studies on all matters
relating to juvenile justice and welfare, such as, but not limited
to:
(1) The performance and results achieved by juvenile
intervention programs and by activities of the local
government units and other government agencies;
(2) The periodic trends, problems and causes of juvenile
delinquency and crimes; and
(3) The particular needs of children in conflict with the law in
custody.
The data gathered shall be used by the JJWC in the
improvement of the administration of juvenile justice and
welfare system.
The JJWC shall submit an annual report to Congress on the
implementation of the provisions of this Act.

(j) To initiate and coordinate the conduct of trainings for the

personnel of the agencies involved in the administration of the
juvenile justice and welfare system and the juvenile
intervention 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 provisions of this Act.
SEC. 9-A. Duties and Functions of the RJJWC. The
RJJWC shall have the following duties and functions:
(a) To oversee and ensure the effective implementation of this
Act at the regional level and at the level of the LGUs;
(b) To assist the concerned agencies in the implementation
and
in
compliance
with
the
JJWCs adopted
policies/regulations or provide substantial inputs to the JJWC
in the formulation of new ones in line with the provisions of
this Act;
(c) To assist in the development of the comprehensive 3 to 5year local juvenile intervention program, with the participation
of concerned LGUs, NGOs and youth organizations within the
region and monitor its implementation;
(d) To coordinate the implementation of the juvenile
intervention programs and activities by national government
agencies and other activities within the region;
(e) To oversee the programs and operation of the intensive
juvenile intervention and support center established within the
region;
(f) To collect relevant regional information and conduct
continuing research and support evaluations and studies on all
matters relating to juvenile justice and welfare within the
region, such as, but not limited to:

(1) Performance and results achieved by juvenile intervention

programs and by activities of the LGUs and other government
agencies within the region;

custody over the child. If the parents, guardians or nearest

relatives cannot be located, or if they refuse to take custody,
the child may be released to any of the following:

(2) The periodic trends, problems and causes of juvenile

delinquency and crimes from the LGU level to the regional
level; and

(a) A duly registered nongovernmental

organization;

(3) The particular needs of children in conflict with the law in

custody within their regional jurisdiction.
The data gathered shall be forwarded 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 with the assistance
of the agencies provided in the preceding section, to conduct
regular inspections in detention and rehabilitation facilities
within the region and to undertake spot inspections on their
own initiative in order to check compliance with the standards
provided 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 involved in the administration of the
juvenile justice and welfare system and the juvenile
intervention program within 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 provisions of this Act.
SEC. 6. Section 20 of Republic Act No. 9344 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 childs 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.
The local social welfare and development officer shall
determine the appropriate programs for the child who has been
released, in consultation with the child and the person having

or religious

(b) A barangay official or a member of the Barangay Council

for the Protection of Children (BCPC);
(c) A local social welfare and development officer; or, when
and where appropriate, the DSWD.
If the child has been found by the local social welfare and
development 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 written authorization for the voluntary commitment of the
child: Provided, 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
Local Social Welfare and Development Office (LSWDO)
pursuant to Presidential Decree No. 603, as amended,
otherwise known 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 twelve (12)
years old.
SEC. 20-A. Serious Crimes Committed by Children Who Are
Exempt From Criminal Responsibility. A child who is above
twelve (12) years of age up to fifteen (15) years of age and
who 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 where the driver or occupant is killed or raped or
offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than
twelve (12) years of imprisonment, shall be deemed a
neglected child under Presidential Decree No. 603, as
amended, and shall be mandatorily placed in a special facility
within the youth care faculty or Bahay Pag-asa called the
Intensive Juvenile Intervention and Support Center (IJISC).
In accordance with existing laws, rules, procedures and
guidelines, the proper petition for involuntary commitment
and placement under the IJISC shall be filed by the local
social welfare and development officer of the LGU where the
offense was committed, or by the DSWD social worker in the
local social welfare and development officers absence, within
twenty-four (24) hours from the time of the receipt of a report
on the alleged commission of said child. The court, where the

petition for involuntary commitment has been filed shall

decide on the petition within seventy-two (72) hours from the
time the said petition has been filed by the DSWD/LSWDO.
The court will determine the initial period of placement of the
child within the IJISC which shall not be less than one (1)
year. The multi-disciplinary team of the IJISC will submit to
the court a case study and progress report, to include a
psychiatric evaluation report and recommend the reintegration
of the child to his/her family or the extension of the placement
under the IJISC. The multi-disciplinary team will also submit
a report to the court on the services extended to the parents
and family of the child and the compliance of the parents in
the intervention program. The court will decide whether the
child has successfully completed the center-based intervention
program and is already prepared to be reintegrated with his/her
family or if there is a need for the continuation of the centerbased rehabilitation of the child. The court will determine the
next period of assessment or hearing on the commitment of
the child.
SEC. 20-B. Repetition of Offenses. A child who is above
twelve (12) years of age up to fifteen (15) years of age and
who commits an 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 childs 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. 20-C. Exploitation of Children for Commission of
Crimes. Any person who, in the commission of a crime,
makes use, takes advantage of, or profits from the use of
children, including any person who abuses his/her authority
over the child or who, with abuse of confidence, takes
advantage of the vulnerabilities of the child and shall induce,
threaten or instigate the commission of the crime, shall be
imposed the penalty prescribed by law for the crime
committed in its maximum period.
SEC. 20-D. Joint Parental Responsibility. Based on the
recommendation of the multi-disciplinary team of the IJISC,
the LSWDO or the DSWD, the court may require the parents
of a child in conflict with the law to undergo counseling or any

other intervention that, in the opinion of the court, would

advance the welfare and best interest of the child.
As used in this Act, parents shall mean any of the
following:
(a) Biological parents of the child; or
(b) Adoptive parents of the child; or
(c) Individuals who have custody of the child.
A court exercising jurisdiction over a child in conflict with
the law may require the attendance of one or both parents of
the child at the place where the proceedings are to be
conducted.
The parents shall be liable for damages unless they prove, to
the satisfaction of the court, that they were exercising
reasonable supervision over the child at the time the child
committed the offense and exerted reasonable effort and
utmost diligence to prevent or discourage the child from
committing another offense.
SEC. 20-E. Assistance to Victims of Offenses Committed by
Children. The victim of the offense committed by a child
and the victims family shall be provided the appropriate
assistance and psychological intervention by the LSWDO, the
DSWD and other concerned agencies.
SEC. 7. Section 22 of Republic Act No. 9344 is hereby
amended to read as follows:
SEC. 22. Duties During Initial Investigation. The law
enforcement officer shall, in his/her investigation, determine
where the case involving the child in conflict with the law
should be referred.
The taking of the statement of the child shall be conducted in
the presence of the following: (1) childs counsel of choice or
in the absence thereof, a lawyer from the Public Attorneys
Office; (2) the childs parents, guardian, or nearest relative, as
the case may be; and (3) the local social welfare and
development officer. In the absence of the childs parents,
guardian, or nearest relative, and the local social welfare and
development officer, the investigation shall be conducted in
the presence of a representative of an NGO, religious group,
or member of the BCPC.
The social worker shall conduct an initial assessment to
determine the appropriate interventions and whether the child
acted with discernment, using the discernment assessment
tools developed by the DSWD. The initial assessment shall be
without prejudice to the preparation of a more comprehensive

case study report. The local social worker shall do either of the
following:

technical assistance to the multi-disciplinary teams operating

the said centers.

(a) Proceed in accordance with Section 20 if the child is

fifteen (15) years or below or above fifteen (15) but below
eighteen (18) years old, who acted without discernment; and

SEC. 10. Section 50 of Republic Act No. 9344 is hereby

amended to read as follows:

(b) If the child is above fifteen (15) years old but below
eighteen (18) and who acted with discernment, proceed to
diversion under the following chapter.
SEC. 8. Section 33 of Republic Act No. 9344 is hereby
amended to read as follows:
SEC. 33. Preliminary Investigation and Filing of
Information. The prosecutor shall conduct a preliminary
investigation in the following instances: (a) when the child in
conflict with the law does not qualify for diversion; (b) when
the child, his/her parents or guardian does not agree to
diversion as specified in Sections 27 and 28; and (c) when
considering the assessment and recommendation of the social
worker, the prosecutor determines that diversion is not
appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint,
the prosecutor shall notify the Public Attorneys Office of such
service, as well as the personal information, and place of
detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the
information against the child shall be filed before the Family
Court within forty-five (45) days from the start of the
preliminary investigation. The information must allege that the
child acted with discernment.
SEC. 9. Section 49 of Republic Act No. 9344 is hereby
amended to read as follows:
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 within their
jurisdiction following the standards that will be set by the
DSWD and adopted by the JJWC.
Every Bahay Pag-asa will have a special facility called the
IJISC. This Center will be allocated for children in conflict
with the law in accordance with Sections 20, 20-A and 20-B
hereof. These children will be required to undergo a more
intensive multi-disciplinary intervention program. The JJWC
in partnership with, but not limited to, the DSWD, the DOH,
the DepED and the DILG, will develop and set the standards
for the implementation of the multi-disciplinary intervention
program of the IJISC. Upon institutionalization of the IJISC
program, the JJWC will continue to monitor and provide

SEC. 50. Care and Maintenance of the Child in Conflict with

the Law. x x x
The LGUs expected expenditures on the local juvenile
intervention program for children at risk and children in
conflict with the law shall be included in the LGUs annual
budget. Highly-urbanized cities and provincial governments
should include a separate budget for the construction and
maintenance of the Bahay Pag-asa including the operation of
the IJISC within the Bahay Pag-asa.
SEC. 11. Section 57 of Republic Act No. 9344 is hereby
amended to read as follows:
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 governments concerning juvenile status
offenses such as, but not limited to, curfew violations, truancy,
parental disobedience, anti-smoking and anti-drinking laws, as
well 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, vandalism, gambling, mendicancy, littering,
public urination, and trespassing, shall be for the protection of
children. No penalty shall be imposed on children for said
violations, 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 intervention
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 with the law. The ordinance shall also provide for
intervention programs, such as counseling, attendance in
group activities for children, and for the parents, attendance in
parenting education seminars.
SEC. 12. Mandatory Registry of Children in Conflict with the
Law. All duty-bearers, including barangay/BCPC workers,
law enforcers, teachers, guidance counselors, social workers
and prosecutors who will receive report, handle or refer cases
of children in conflict with 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 intervention or diversion, as the case may be,
under which they will undergo or has undergone, of all

children in conflict with the law to guarantee the correct

application of the provisions of this Act and other laws. The
JJWC shall lead in the establishment of a centralized
information management system on children in conflict with
the law. This provision is however without prejudice to
Section 43 of this Act.
SEC. 13. Section 63 of Republic Act No. 9344 is hereby
amended to read as follows:
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 with high incidence
of children in conflict with 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 Highways
(DPWH) for its proper implementation.
The LGUs concerned shall make available, from its own
resources or assets, their counterpart share equivalent to the

national government contribution of Five million pesos

(P5,000,000.00) per rehabilitation center.
In addition, the Council may accept donations, grants and
contributions from various sources, in cash or in kind, for
purposes relevant to its functions, subject to the usual
government accounting and auditing rules and regulations.
SEC. 14. Implementing Rules and Regulations. The JJWC
shall promulgate the necessary rules and regulations within
sixty (60) days from the effectivity of this Act.
SEC. 15. Separability Clause. If any provision of this Act is
held unconstitutional, other provisions not affected thereby
shall remain valid and binding.
SEC. 16. Repealing Clause. All laws, decrees, ordinances
and rules inconsistent with the provisions of this Act are
hereby modified or repealed accordingly.
SEC. 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 two (2) national newspapers of general
circulation.
Approved: OCT 03 2013