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Republic Act No. 10159
REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
METRO MANILA
Fifteenth Congress
SECOND REGULAR SESSION
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two
thousand eleven.
[REPUBLIC ACT NO. 10159]
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 39 of Act No. 3815, as amended, is hereby further amended to
read as follows:
“Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet
the fine mentioned in paragraph 3 of the next preceding article, he shall be
subject to a subsidiary personal liability at the rate of one day for each amount
equivalent to the highest minimum wage rate prevailing in the Philippines at the
time of the rendition of judgment of conviction by the trial court, subject to the
following rules:
“1. If the principal penalty imposed be prision correctional or arresto and fine, he
shall remain under confinement until his fine referred in the preceding paragraph
is satisfied, but his subsidiary imprisonment shall not exceed one-third of the
term of the sentence, and in no case shall it continue for more than one year,
and no fraction or part of a day shall be counted against the prisoner.
“2. When the principal penalty imposed be only a fine, the subsidiary
imprisonment shall not exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if
for a fight felony.
“3. When the principal penalty imposed is higher than prision correctional, no
subsidiary imprisonment shall be imposed upon the culprit.
“4. If the principal penalty imposed is not to be executed by confinement in a
penal institution, but such penalty is of fixed duration, the convict, during the
period of time established in the preceding rules, shall continue to suffer the
same deprivations as those of which the principal penalty consists.
“5. The subsidiary personal liability which the convict may have suffered by
reason of his insolvency shall not relieve him from the fine in case his financial
circumstances should improve.” (As amended by Republic Act No. 5465, which
lapsed into law on April 21, 1969.)
SEC. 2. 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. 3. Repealing Clause. – All laws, presidential decrees or issuances, executive
orders, letters of instruction, administrative orders or rules and regulations which
may be inconsistent with this Act shall be deemed repealed, amended or
modified accordingly.
SEC. 4. Effectivity. – This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.
[REPUBLIC ACT NO. 10389]
AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING
THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN
A CRIMINAL CASE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Recognizance Act of
2012″.
SEC. 2. Statement of Policy. – It is the declared policy of the State to promote
social justice in all phases of national development, including the promotion of
restorative justice as a means to address the problems confronting the criminal
justice system such as protracted trials, prolonged resolution of cases, lack of
legal representation, lack of judges, inability to post bail bond, congestion in jails,
and lack of opportunity to reform and rehabilitate offenders. In consonance with
the principle of presumption of innocence, the 1987 Philippine Constitution
recognizes and guarantees the right to bail or to be released on recognizance as
may be provided by law. In furtherance of this policy, the right of persons, except
those charged with crimes punishable by death, reclusion perpetua, or life
imprisonment, to be released on recognizance before conviction by the Regional
Trial Court, irrespective of whether the case was originally filed in or appealed to
it, upon compliance with the requirements of this Act, is hereby affirmed,
recognized and guaranteed.
SEC. 3. Recognizance Defined. – Recognizance is a mode of securing the release
of any person in custody or detention for the commission of an offense who is
unable to post bail due to abject poverty. The court where the case of such
person has been filed shall allow the release of the accused on recognizance as
provided herein, to the custody of a qualified member of the barangay, city or
municipality where the accused resides.
SEC. 4. Duty of the Courts. – For purposes of stability and uniformity, the courts
shall use their discretion, in determining whether an accused should be deemed
an indigent even if the salary and property requirements are not met. The courts
may also consider the capacity of the accused to support not just himself/herself
but also his/her family or other people who are dependent on him/her for support
and subsistence.
Other relevant factors and conditions demonstrating the financial incapacity of
the accused at the time that he/she is facing charges in court may also be
considered by the courts for the purpose of covering as many individuals
belonging to the marginalized and poor sectors of society.
SEC. 5. Release on Recognizance as a Matter of Right Guaranteed by the
Constitution. – The release on recognizance of any person in custody or
detention for the commission of an offense is a matter of right when the offense
is not punishable by death, reclusion perpetua, or life imprisonment: Provided,
That the accused or any person on behalf of the accused files the application for
such:
(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities and Municipal Circuit Trial Court; and
(b) Before conviction by the Regional Trial Court: Provided, further, That a person
in custody for a period equal to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the
Indeterminate Sentence Law, or any modifying circumstance, shall be released
on the person’s recognizance.
SEC. 6. Requirements. – The competent court where a criminal case has been
filed against a person covered under this Act shall, upon motion, order the
release of the detained person on recognizance to a qualified custodian:
Provided, That all of the following requirements are complied with:
(a) A sworn declaration by the person in custody of his/her indigency or
incapacity either to post a cash bail or proffer any personal or real property
acceptable as sufficient sureties for a bail bond;
(b) A certification issued by the head of the social welfare and development
office of the municipality or city where the accused actually resides, that the
accused is indigent;
(c) The person in custody has been arraigned;
(d) The court has notified the city or municipal sanggunian where the accused
resides of the application for recognizance. The sanggunian shall include in its
agenda the notice from the court upon receipt and act on the request for
comments or opposition to the application within ten (10) days from receipt of
the notice. The action of the sanggunian shall be in the form of a resolution, and
shall be duly approved by the mayor, and subject to the following conditions:
(1) Any motion for the adoption of a resolution for the purpose of this Act duly
made before the sanggunian shall he considered as an urgent matter and shall
take precedence over any other business thereof: Provided, That a special
session shall be called to consider such proposed resolution if necessary;
The resolution of the sanggunian shall include in its resolution a list of
recommended organizations from whose members the court may appoint a
custodian.
(2) The presiding officer of the sanggunian shall ensure that its secretary shall
submit any resolution adopted under this Act within twenty-four (24) hours from
its passage to the mayor who shall act on it within the same period of time from
receipt thereof;
(3) If the mayor or any person acting as such, pursuant to law, fails to act on the
said resolution within twenty-four (24) hours from receipt thereof, the same shall
be deemed to have been acted upon favorably by the mayor;
(4) If the mayor or any person acting as such, pursuant to law, disapproves the
resolution, the resolution shall be returned within twenty-four (24) hours from
disapproval thereof to the sanggunian presiding officer or secretary who shall be
responsible in informing every member thereof that the sanggunian shall meet in
special session within twenty-four (24) hours from receipt of the veto for the sole
purpose of considering to override the veto made by the mayor.
For the purpose of this Act, the resolution of the sanggunian of the municipality
or city shall be considered final and not subject to the review of the Sangguniang
Panlalawigan, a copy of which shall be forwarded to the trial court within three
(3) days from date of resolution.
(e) The accused shall be properly documented, through such processes as, but
not limited to, photographic image reproduction of all sides of the face and
fingerprinting: Provided, That the costs involved for the purpose of this
subsection shall be shouldered by the municipality or city that sought the release
of the accused as provided herein, chargeable to the mandatory five percent
(5%) calamity fund in its budget or to any other available fund in its treasury;
and
(f) The court shall notify the public prosecutor of the date of hearing therefor
within twenty-four (24) hours from the filing of the application for release on
recognizance in favor of the accused: Provided, That such hearing shall be held
not earlier than twenty-four (24) hours nor later than forty-eight (48) hours from
the receipt of notice by the prosecutor: Provided, further, That during said
hearing, the prosecutor shall be ready to submit the recommendations regarding
the application made under this Act, wherein no motion for postponement shall
be entertained.
SEC. 7. Disqualifications for Release on Recognizance. – Any of the following
circumstances shall be a valid ground for the court to disqualify an accused from
availing of the benefits provided herein:
(a) The accused bad made untruthful statements in his/her sworn affidavit
prescribed under Section 5(a);
(b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has
committed a crime aggravated by the circumstance of reiteration;
(c) The accused had been found to have previously escaped from legal
confinement, evaded sentence or has violated the conditions of bail or release on
recognizance without valid justification;
(d) The accused had previously committed a crime while on probation, parole or
under conditional pardon;
(e) The personal circumstances of the accused or nature of the facts surrounding
his/her case indicate the probability of flight if released on recognizance;
(f) There is a great risk that the accused may commit another crime during the
pendency of the case; and
(g) The accused has a pending criminal case which has the same or higher
penalty to the new crime he/she is being accused of.
SEC. 8. Qualifications of the Custodian of the Person Released on Recognizance. –
Except in cases of children in conflict with the law as provided under Republic Act
No. 9344, the custodian of the person released on recognizance must have the
following qualifications:
(a) A person of good repute and probity;
(b) A resident of the barangay where the applicant resides;
(c) Must not be a relative of the applicant within the fourth degree of
consanguinity or affinity; and
(d) Must belong to any of the following sectors and institutions: church,
academe, social welfare, health sector, cause-oriented groups, charitable
organizations or organizations engaged in the rehabilitation of offenders duly
accredited by the local social welfare and development officer.
If no person in the barangay where the applicant resides belongs to any of the
sectors and institutions listed under paragraph (d) above, the custodian of the
person released on recognizance may be from the qualified residents of the city
or municipality where the applicant resides.
SEC. 9. Duty of the Custodian. – The custodian shall undertake to guarantee the
appearance of the accused whenever required by the court. The custodian shall
be required to execute an undertaking before the court to produce the accused
whenever required. The said undertaking shall be part of the application for
recognizance. The court shall duly notify, within a reasonable period of time, the
custodian whenever the presence of the accussed is required. A penalty of six (6)
months to two (2) years imprisonment shall be imposed upon the custodian who
failed to deliver or produce the accused before the court, upon due notice,
without justifiable reason.
SEC. 10. Role of the Probation Officer. – Upon release of the person on
recognizance to the custodian, the court shall issue an order directing the
Probation Office concerned to monitor and evaluate the activities of such person.
The Probation Office concerned shall submit a written report containing its
findings and recommendations on the activities of the person released on
recognizance on a monthly basis to determine whether or not the conditions for
his/her release have been complied with. The prosecution including the private
complainant, if any, shall be given a copy of such report.
SEC. 11. Arrest of a Person Released on Recognizance. – The court shall order the
arrest of the accused, who shall forthwith be placed under detention, due to any
of the following circumstances:
(a) If it finds meritorious a manifestation made under oath by any person after a
summary healing, giving the accused an opportunity to be heard;
(b) If the accused fails to appear at the trial or whenever required by the
abovementioned court or any other competent court without justification,
despite due notice;
(c) If the accused is the subject of a complaint for the commission of another
offense involving moral turpitude and the public prosecutor or the mayor in the
area where the offense is committed recommends the arrest to the court; or
(d) If it is shown that the accused committed an act of harassment such as, but
not limited to, stalking, intimidating or otherwise vexing private complainant,
prosecutor or witnesses in the case pending against the accused: Provided, That
upon the issuance by the court of such order, the accused shall likewise become
the proper subject of a citizen’s arrest pursuant to the Rules of Court.
SEC. 12. No Release on Recognizance After Final Judgment or Commencement of
Sentence; Exception. – The benefits provided under this Act shall not be allowed
in favor of an accused after the judgment has become final or when the accused
has started serving the sentence: Provided, That this prohibition shall not apply
to an accused who is entitled to the benefits of the Probation Law if the
application for probation is made before the convict starts serving the sentence
imposed, in which case, the court shall allow the release on recognizance of the
convict to the custody of a qualified member of the barangay, city or
municipality where the accused actually resides.
SEC. 13. Separability Clause. – If any provision of this Act or the application of
such provision to any person or circumstance is declared invalid, the remainder
of this Act or the application of such provision to other persons or circumstances
shall not be affected by such declaration.
SEC. 14. Repealing Clause. – All laws, decrees and orders or parts thereof
inconsistent herewith are deemed repealed or modified accordingly, unless the
same are more beneficial to the accused.
SEC. 15. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Republic Act No. 10158
Posted on March 27, 2012
REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
METRO MANILA
Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two
thousand eleven.
[ REPUBLIC ACT NO. 10158 ]
AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE
ARTICLE 202 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 202 of the Revised Penal Code is hereby, amended to read as
follows:
“Article 202. Prostitutes; Penalty. – For the purposes of this article, women who,
for money or profit, habitually indulge in sexual intercourse or lascivious conduct,
are deemed to be prostitutes.
“Any person found guilty of any of the offenses covered by this article shall be
punished by arresto menor or a fine not exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its medium period to prision correctional in its
minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the
discretion of the court.”
SEC. 2. Effect on Pending Cases. – All pending cases under the provisions of
Article 202 of the Revised Penal Code on Vagrancy prior to its amendment by this
Act shall be dismissed upon effectivity of this Act.
SEC. 3. Immediate Release of Convicted Persons. – All persons serving sentence
for violation of the provisions of Article 202 of the Revised Penal Code on
Vagrancy prior to its amendment by this Act shall be immediately released upon
effectivity of this Act: Provided, That they are not serving sentence or detained
for any other offense or felony.
SEC. 4. Repealing Clause. – All laws, presidential decrees, executive orders, rules
and regulations and other issuances, or any part thereof, inconsistent with this
Act are hereby repealed, modified or amended accordingly.
SEC. 5. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Republic Act No. 10592
Posted on May 29, 2013
S. No. 3064
H. No. 417
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.
[REPUBLIC ACT NO. 10592]
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 29 of Act No. 3815, as amended, otherwise known as the
Revised Penal Code, is hereby further amended to read as follows:
“ART. 29. Period of preventive imprisonment deducted from term of
imprisonment. – Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing
after being informed of the effects thereof and with the assistance of counsel to
abide by the same disciplinary rules imposed upon convicted prisoners, except in
the following cases:
“1. When they are recidivists, or have been convicted previously twice or more
times of any crime; and
“2. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily.
“If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance
of a counsel and shall be credited in the service of his sentence with four-fifths of
the time during which he has undergone preventive imprisonment.
“Credit for preventive imprisonment for the penalty of reclusion perpetua shall
be deducted from thirty (30) years.
“Whenever an accused has undergone preventive imprisonment for a period
equal to the possible maximum imprisonment of the offense charged to which he
may be sentenced and his case is not yet terminated, he shall be released
immediately without prejudice to the continuation of the trial thereof or the
proceeding on appeal, if the same is under review. Computation of preventive
imprisonment for purposes of immediate release under this paragraph shall be
the actual period of detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable cause at any stage of
the trial, the court may motu proprio order the rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this Act. In case the maximum
penalty to which the accused may be sentenced is lestierro, he shall be released
after thirty (30) days of preventive imprisonment.”
SEC. 2. Article 94 of the same Act is hereby further amended to read as follows:
“ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished
partially:
“1. By conditional pardon;
“2. By commutation of the sentence; and
“3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence.”
SEC. 3. Article 97 of the same Act is hereby further amended to read as follows:
“ART. 97. Allowance for good conduct. – The good conduct of any offender
qualified for credit for preventive imprisonment pursuant to Article 29 of this
Code, or of any convicted prisoner in any penal institution, rehabilitation or
detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:
“1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;
“2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior during
detention;
“3. During the following years until the tenth year, inclusive, of his imprisonment,
he shall be allowed a deduction of twenty-five days for each month of good
behavior during detention;
“4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and
“5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.
“An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct.”
SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:
“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having evaded his
preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away
of the calamity or catastrophe referred to in said article. A deduction of two-fifths
of the period of his sentence shall be granted in case said prisoner chose to stay
in the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
“This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence.”
SEC. 5. Article 99 of the same Act is hereby further amended to read as follows:”
“ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director
of the Bureau of Corrections, the Chief of the Bureau of Jail Management and
Penology and/or the Warden of a provincial, district, municipal or city jail shall
grant allowances for good conduct. Such allowances once granted shall not be
revoked.”
SEC. 6. Penal Clause. – Faithful compliance with the provisions of this Act is
hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of
One hundred thousand pesos (P100,000.00) and perpetual disqualification to
hold office shall be imposed against any public officer or employee who violates
the provisions of this Act.
SEC. 7. Implementing Rules and Regulations. – The Secretary of the Department
of Justice (DOJ) and the Secretary of the Department of the Interior and Local
Government (DILG) shall within sixty (60) days from the approval of this Act,
promulgate rules and regulations on the classification system for good conduct
and time allowances, as may be necessary, to implement the provisions of this
Act.
SEC. 8. Separability Clause. – If any part hereof is held invalid or unconstitutional,
the remainder of the provisions not otherwise affected shall remain valid and
subsisting.
SEC. 9. Repealing Clause. – Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or
amended accordingly.
SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) new papers of general
circulation.
Republic Act No. 10630
Posted on October 3, 2013
S. No. 3324
H. No. 6052
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.
[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
x
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.
“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.
“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 child’s family.
“x
x
x.”
SEC. 3. Section 6 of Republic Act No. 9344 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.
“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);
“(c) Department of Education (DepED);
“(d) Department of the Interior and Local Government (DILG);
“(e) Public Attorney’s Office (PAO);
“(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);
“(m) National Youth Commission (NYC); and
“(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:
“(1) Department of Justice (DOJ);
“(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);
“(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 RJJWC will be composed of permanent representatives who shall have a
rank not lower than an assistant regional 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:
“(i) Department of Justice (DOJ);
“(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);
“(vi) Department of Health (DOH);
“(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.
“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;
“(b) To advise the President on all matters and policies relating to juvenile justice
and welfare;
“(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;
“(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.
“The JJWC shall set up a mechanism to ensure that children are involved in
research and policy development.
“(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;
“(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 JJWC’s 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 5-year 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;
“(2) The periodic trends, problems and causes of juvenile delinquency and
crimes from the LGU level to the regional level; and
“(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 child’s nearest relative. The child shall be subjected to a communitybased 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 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:
“(a) A duly registered nongovernmental or religious organization;
“(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 child’s 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 officer’s 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 center-based 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 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. 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 victim’s 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) child’s counsel of choice or in the absence thereof, a lawyer
from the Public Attorney’s Office; (2) the child’s parents, guardian, or nearest
relative, as the case may be; and (3) the local social welfare and development
officer. In the absence of the child’s 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:
“(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
“(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 Attorney’s 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 highlyurbanized 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 technical assistance to the multidisciplinary teams operating the said centers.”
SEC. 10. Section 50 of Republic Act No. 9344 is hereby amended to read as
follows:
“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 dutybearers, 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 year’s 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.
REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
METRO MANILA
Fifteenth Congress
SECOND REGULAR SESSION
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two
thousand eleven.
[REPUBLIC ACT NO. 10159]
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 39 of Act No. 3815, as amended, is hereby further amended to
read as follows:
“Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet
the fine mentioned in paragraph 3 of the next preceding article, he shall be
subject to a subsidiary personal liability at the rate of one day for each amount
equivalent to the highest minimum wage rate prevailing in the Philippines at the
time of the rendition of judgment of conviction by the trial court, subject to the
following rules:
“1. If the principal penalty imposed be prision correctional or arresto and fine, he
shall remain under confinement until his fine referred in the preceding paragraph
is satisfied, but his subsidiary imprisonment shall not exceed one-third of the
term of the sentence, and in no case shall it continue for more than one year,
and no fraction or part of a day shall be counted against the prisoner.
“2. When the principal penalty imposed be only a fine, the subsidiary
imprisonment shall not exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if
for a fight felony.
“3. When the principal penalty imposed is higher than prision correctional, no
subsidiary imprisonment shall be imposed upon the culprit.
“4. If the principal penalty imposed is not to be executed by confinement in a
penal institution, but such penalty is of fixed duration, the convict, during the
period of time established in the preceding rules, shall continue to suffer the
same deprivations as those of which the principal penalty consists.
“5. The subsidiary personal liability which the convict may have suffered by
reason of his insolvency shall not relieve him from the fine in case his financial
circumstances should improve.” (As amended by Republic Act No. 5465, which
lapsed into law on April 21, 1969.)
SEC. 2. 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. 3. Repealing Clause. – All laws, presidential decrees or issuances, executive
orders, letters of instruction, administrative orders or rules and regulations which
may be inconsistent with this Act shall be deemed repealed, amended or
modified accordingly.
SEC. 4. Effectivity. – This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.
[REPUBLIC ACT NO. 10389]
AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING
THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN
A CRIMINAL CASE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Recognizance Act of
2012″.
SEC. 2. Statement of Policy. – It is the declared policy of the State to promote
social justice in all phases of national development, including the promotion of
restorative justice as a means to address the problems confronting the criminal
justice system such as protracted trials, prolonged resolution of cases, lack of
legal representation, lack of judges, inability to post bail bond, congestion in jails,
and lack of opportunity to reform and rehabilitate offenders. In consonance with
the principle of presumption of innocence, the 1987 Philippine Constitution
recognizes and guarantees the right to bail or to be released on recognizance as
may be provided by law. In furtherance of this policy, the right of persons, except
those charged with crimes punishable by death, reclusion perpetua, or life
imprisonment, to be released on recognizance before conviction by the Regional
Trial Court, irrespective of whether the case was originally filed in or appealed to
it, upon compliance with the requirements of this Act, is hereby affirmed,
recognized and guaranteed.
SEC. 3. Recognizance Defined. – Recognizance is a mode of securing the release
of any person in custody or detention for the commission of an offense who is
unable to post bail due to abject poverty. The court where the case of such
person has been filed shall allow the release of the accused on recognizance as
provided herein, to the custody of a qualified member of the barangay, city or
municipality where the accused resides.
SEC. 4. Duty of the Courts. – For purposes of stability and uniformity, the courts
shall use their discretion, in determining whether an accused should be deemed
an indigent even if the salary and property requirements are not met. The courts
may also consider the capacity of the accused to support not just himself/herself
but also his/her family or other people who are dependent on him/her for support
and subsistence.
Other relevant factors and conditions demonstrating the financial incapacity of
the accused at the time that he/she is facing charges in court may also be
considered by the courts for the purpose of covering as many individuals
belonging to the marginalized and poor sectors of society.
SEC. 5. Release on Recognizance as a Matter of Right Guaranteed by the
Constitution. – The release on recognizance of any person in custody or
detention for the commission of an offense is a matter of right when the offense
is not punishable by death, reclusion perpetua, or life imprisonment: Provided,
That the accused or any person on behalf of the accused files the application for
such:
(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities and Municipal Circuit Trial Court; and
(b) Before conviction by the Regional Trial Court: Provided, further, That a person
in custody for a period equal to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the
Indeterminate Sentence Law, or any modifying circumstance, shall be released
on the person’s recognizance.
SEC. 6. Requirements. – The competent court where a criminal case has been
filed against a person covered under this Act shall, upon motion, order the
release of the detained person on recognizance to a qualified custodian:
Provided, That all of the following requirements are complied with:
(a) A sworn declaration by the person in custody of his/her indigency or
incapacity either to post a cash bail or proffer any personal or real property
acceptable as sufficient sureties for a bail bond;
(b) A certification issued by the head of the social welfare and development
office of the municipality or city where the accused actually resides, that the
accused is indigent;
(c) The person in custody has been arraigned;
(d) The court has notified the city or municipal sanggunian where the accused
resides of the application for recognizance. The sanggunian shall include in its
agenda the notice from the court upon receipt and act on the request for
comments or opposition to the application within ten (10) days from receipt of
the notice. The action of the sanggunian shall be in the form of a resolution, and
shall be duly approved by the mayor, and subject to the following conditions:
(1) Any motion for the adoption of a resolution for the purpose of this Act duly
made before the sanggunian shall he considered as an urgent matter and shall
take precedence over any other business thereof: Provided, That a special
session shall be called to consider such proposed resolution if necessary;
The resolution of the sanggunian shall include in its resolution a list of
recommended organizations from whose members the court may appoint a
custodian.
(2) The presiding officer of the sanggunian shall ensure that its secretary shall
submit any resolution adopted under this Act within twenty-four (24) hours from
its passage to the mayor who shall act on it within the same period of time from
receipt thereof;
(3) If the mayor or any person acting as such, pursuant to law, fails to act on the
said resolution within twenty-four (24) hours from receipt thereof, the same shall
be deemed to have been acted upon favorably by the mayor;
(4) If the mayor or any person acting as such, pursuant to law, disapproves the
resolution, the resolution shall be returned within twenty-four (24) hours from
disapproval thereof to the sanggunian presiding officer or secretary who shall be
responsible in informing every member thereof that the sanggunian shall meet in
special session within twenty-four (24) hours from receipt of the veto for the sole
purpose of considering to override the veto made by the mayor.
For the purpose of this Act, the resolution of the sanggunian of the municipality
or city shall be considered final and not subject to the review of the Sangguniang
Panlalawigan, a copy of which shall be forwarded to the trial court within three
(3) days from date of resolution.
(e) The accused shall be properly documented, through such processes as, but
not limited to, photographic image reproduction of all sides of the face and
fingerprinting: Provided, That the costs involved for the purpose of this
subsection shall be shouldered by the municipality or city that sought the release
of the accused as provided herein, chargeable to the mandatory five percent
(5%) calamity fund in its budget or to any other available fund in its treasury;
and
(f) The court shall notify the public prosecutor of the date of hearing therefor
within twenty-four (24) hours from the filing of the application for release on
recognizance in favor of the accused: Provided, That such hearing shall be held
not earlier than twenty-four (24) hours nor later than forty-eight (48) hours from
the receipt of notice by the prosecutor: Provided, further, That during said
hearing, the prosecutor shall be ready to submit the recommendations regarding
the application made under this Act, wherein no motion for postponement shall
be entertained.
SEC. 7. Disqualifications for Release on Recognizance. – Any of the following
circumstances shall be a valid ground for the court to disqualify an accused from
availing of the benefits provided herein:
(a) The accused bad made untruthful statements in his/her sworn affidavit
prescribed under Section 5(a);
(b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has
committed a crime aggravated by the circumstance of reiteration;
(c) The accused had been found to have previously escaped from legal
confinement, evaded sentence or has violated the conditions of bail or release on
recognizance without valid justification;
(d) The accused had previously committed a crime while on probation, parole or
under conditional pardon;
(e) The personal circumstances of the accused or nature of the facts surrounding
his/her case indicate the probability of flight if released on recognizance;
(f) There is a great risk that the accused may commit another crime during the
pendency of the case; and
(g) The accused has a pending criminal case which has the same or higher
penalty to the new crime he/she is being accused of.
SEC. 8. Qualifications of the Custodian of the Person Released on Recognizance. –
Except in cases of children in conflict with the law as provided under Republic Act
No. 9344, the custodian of the person released on recognizance must have the
following qualifications:
(a) A person of good repute and probity;
(b) A resident of the barangay where the applicant resides;
(c) Must not be a relative of the applicant within the fourth degree of
consanguinity or affinity; and
(d) Must belong to any of the following sectors and institutions: church,
academe, social welfare, health sector, cause-oriented groups, charitable
organizations or organizations engaged in the rehabilitation of offenders duly
accredited by the local social welfare and development officer.
If no person in the barangay where the applicant resides belongs to any of the
sectors and institutions listed under paragraph (d) above, the custodian of the
person released on recognizance may be from the qualified residents of the city
or municipality where the applicant resides.
SEC. 9. Duty of the Custodian. – The custodian shall undertake to guarantee the
appearance of the accused whenever required by the court. The custodian shall
be required to execute an undertaking before the court to produce the accused
whenever required. The said undertaking shall be part of the application for
recognizance. The court shall duly notify, within a reasonable period of time, the
custodian whenever the presence of the accussed is required. A penalty of six (6)
months to two (2) years imprisonment shall be imposed upon the custodian who
failed to deliver or produce the accused before the court, upon due notice,
without justifiable reason.
SEC. 10. Role of the Probation Officer. – Upon release of the person on
recognizance to the custodian, the court shall issue an order directing the
Probation Office concerned to monitor and evaluate the activities of such person.
The Probation Office concerned shall submit a written report containing its
findings and recommendations on the activities of the person released on
recognizance on a monthly basis to determine whether or not the conditions for
his/her release have been complied with. The prosecution including the private
complainant, if any, shall be given a copy of such report.
SEC. 11. Arrest of a Person Released on Recognizance. – The court shall order the
arrest of the accused, who shall forthwith be placed under detention, due to any
of the following circumstances:
(a) If it finds meritorious a manifestation made under oath by any person after a
summary healing, giving the accused an opportunity to be heard;
(b) If the accused fails to appear at the trial or whenever required by the
abovementioned court or any other competent court without justification,
despite due notice;
(c) If the accused is the subject of a complaint for the commission of another
offense involving moral turpitude and the public prosecutor or the mayor in the
area where the offense is committed recommends the arrest to the court; or
(d) If it is shown that the accused committed an act of harassment such as, but
not limited to, stalking, intimidating or otherwise vexing private complainant,
prosecutor or witnesses in the case pending against the accused: Provided, That
upon the issuance by the court of such order, the accused shall likewise become
the proper subject of a citizen’s arrest pursuant to the Rules of Court.
SEC. 12. No Release on Recognizance After Final Judgment or Commencement of
Sentence; Exception. – The benefits provided under this Act shall not be allowed
in favor of an accused after the judgment has become final or when the accused
has started serving the sentence: Provided, That this prohibition shall not apply
to an accused who is entitled to the benefits of the Probation Law if the
application for probation is made before the convict starts serving the sentence
imposed, in which case, the court shall allow the release on recognizance of the
convict to the custody of a qualified member of the barangay, city or
municipality where the accused actually resides.
SEC. 13. Separability Clause. – If any provision of this Act or the application of
such provision to any person or circumstance is declared invalid, the remainder
of this Act or the application of such provision to other persons or circumstances
shall not be affected by such declaration.
SEC. 14. Repealing Clause. – All laws, decrees and orders or parts thereof
inconsistent herewith are deemed repealed or modified accordingly, unless the
same are more beneficial to the accused.
SEC. 15. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Republic Act No. 10158
Posted on March 27, 2012
REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
METRO MANILA
Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two
thousand eleven.
[ REPUBLIC ACT NO. 10158 ]
AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE
ARTICLE 202 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 202 of the Revised Penal Code is hereby, amended to read as
follows:
“Article 202. Prostitutes; Penalty. – For the purposes of this article, women who,
for money or profit, habitually indulge in sexual intercourse or lascivious conduct,
are deemed to be prostitutes.
“Any person found guilty of any of the offenses covered by this article shall be
punished by arresto menor or a fine not exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its medium period to prision correctional in its
minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the
discretion of the court.”
SEC. 2. Effect on Pending Cases. – All pending cases under the provisions of
Article 202 of the Revised Penal Code on Vagrancy prior to its amendment by this
Act shall be dismissed upon effectivity of this Act.
SEC. 3. Immediate Release of Convicted Persons. – All persons serving sentence
for violation of the provisions of Article 202 of the Revised Penal Code on
Vagrancy prior to its amendment by this Act shall be immediately released upon
effectivity of this Act: Provided, That they are not serving sentence or detained
for any other offense or felony.
SEC. 4. Repealing Clause. – All laws, presidential decrees, executive orders, rules
and regulations and other issuances, or any part thereof, inconsistent with this
Act are hereby repealed, modified or amended accordingly.
SEC. 5. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Republic Act No. 10592
Posted on May 29, 2013
S. No. 3064
H. No. 417
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.
[REPUBLIC ACT NO. 10592]
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 29 of Act No. 3815, as amended, otherwise known as the
Revised Penal Code, is hereby further amended to read as follows:
“ART. 29. Period of preventive imprisonment deducted from term of
imprisonment. – Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing
after being informed of the effects thereof and with the assistance of counsel to
abide by the same disciplinary rules imposed upon convicted prisoners, except in
the following cases:
“1. When they are recidivists, or have been convicted previously twice or more
times of any crime; and
“2. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily.
“If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance
of a counsel and shall be credited in the service of his sentence with four-fifths of
the time during which he has undergone preventive imprisonment.
“Credit for preventive imprisonment for the penalty of reclusion perpetua shall
be deducted from thirty (30) years.
“Whenever an accused has undergone preventive imprisonment for a period
equal to the possible maximum imprisonment of the offense charged to which he
may be sentenced and his case is not yet terminated, he shall be released
immediately without prejudice to the continuation of the trial thereof or the
proceeding on appeal, if the same is under review. Computation of preventive
imprisonment for purposes of immediate release under this paragraph shall be
the actual period of detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable cause at any stage of
the trial, the court may motu proprio order the rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this Act. In case the maximum
penalty to which the accused may be sentenced is lestierro, he shall be released
after thirty (30) days of preventive imprisonment.”
SEC. 2. Article 94 of the same Act is hereby further amended to read as follows:
“ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished
partially:
“1. By conditional pardon;
“2. By commutation of the sentence; and
“3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence.”
SEC. 3. Article 97 of the same Act is hereby further amended to read as follows:
“ART. 97. Allowance for good conduct. – The good conduct of any offender
qualified for credit for preventive imprisonment pursuant to Article 29 of this
Code, or of any convicted prisoner in any penal institution, rehabilitation or
detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:
“1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;
“2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior during
detention;
“3. During the following years until the tenth year, inclusive, of his imprisonment,
he shall be allowed a deduction of twenty-five days for each month of good
behavior during detention;
“4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and
“5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.
“An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct.”
SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:
“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having evaded his
preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away
of the calamity or catastrophe referred to in said article. A deduction of two-fifths
of the period of his sentence shall be granted in case said prisoner chose to stay
in the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
“This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence.”
SEC. 5. Article 99 of the same Act is hereby further amended to read as follows:”
“ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director
of the Bureau of Corrections, the Chief of the Bureau of Jail Management and
Penology and/or the Warden of a provincial, district, municipal or city jail shall
grant allowances for good conduct. Such allowances once granted shall not be
revoked.”
SEC. 6. Penal Clause. – Faithful compliance with the provisions of this Act is
hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of
One hundred thousand pesos (P100,000.00) and perpetual disqualification to
hold office shall be imposed against any public officer or employee who violates
the provisions of this Act.
SEC. 7. Implementing Rules and Regulations. – The Secretary of the Department
of Justice (DOJ) and the Secretary of the Department of the Interior and Local
Government (DILG) shall within sixty (60) days from the approval of this Act,
promulgate rules and regulations on the classification system for good conduct
and time allowances, as may be necessary, to implement the provisions of this
Act.
SEC. 8. Separability Clause. – If any part hereof is held invalid or unconstitutional,
the remainder of the provisions not otherwise affected shall remain valid and
subsisting.
SEC. 9. Repealing Clause. – Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or
amended accordingly.
SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) new papers of general
circulation.
Republic Act No. 10630
Posted on October 3, 2013
S. No. 3324
H. No. 6052
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.
[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
x
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.
“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.
“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 child’s family.
“x
x
x.”
SEC. 3. Section 6 of Republic Act No. 9344 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.
“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);
“(c) Department of Education (DepED);
“(d) Department of the Interior and Local Government (DILG);
“(e) Public Attorney’s Office (PAO);
“(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);
“(m) National Youth Commission (NYC); and
“(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:
“(1) Department of Justice (DOJ);
“(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);
“(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 RJJWC will be composed of permanent representatives who shall have a
rank not lower than an assistant regional 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:
“(i) Department of Justice (DOJ);
“(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);
“(vi) Department of Health (DOH);
“(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.
“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;
“(b) To advise the President on all matters and policies relating to juvenile justice
and welfare;
“(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;
“(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.
“The JJWC shall set up a mechanism to ensure that children are involved in
research and policy development.
“(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;
“(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 JJWC’s 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 5-year 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;
“(2) The periodic trends, problems and causes of juvenile delinquency and
crimes from the LGU level to the regional level; and
“(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 child’s nearest relative. The child shall be subjected to a communitybased 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 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:
“(a) A duly registered nongovernmental or religious organization;
“(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 child’s 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 officer’s 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 center-based 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 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. 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 victim’s 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) child’s counsel of choice or in the absence thereof, a lawyer
from the Public Attorney’s Office; (2) the child’s parents, guardian, or nearest
relative, as the case may be; and (3) the local social welfare and development
officer. In the absence of the child’s 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:
“(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
“(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 Attorney’s 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 highlyurbanized 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 technical assistance to the multidisciplinary teams operating the said centers.”
SEC. 10. Section 50 of Republic Act No. 9344 is hereby amended to read as
follows:
“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 dutybearers, 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 year’s 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.
