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SOURCE: Press and Public Affairs Bureau

Juvenile Justice System bill to

pass 15th Congress
Writer: Dionisio P. Tubianosa, Media
Relations Service
02 June 2013 09:49:10 AM

The last two days of the 15th Congress could

pave the way for the enactment of the
proposed statute providing just and proficient
parameters in the treatment of children in
conflict with the law specially youth offenders
who act with discernment.

The bill is in its advance state of being

reconciled by a Senate and House bicameral
conference panel, House records show.

House Bill 6052, known as "An Act

Strengthening the Juvenile Justice System in
the Philippines, amending for the purpose RA
9344 known as the Juvenile Justice and
Welfare Act of 2006," is reportedly one of the
measures identified lately by the Palace and
leaders of Congress which could gain final
approval before adjournment on June 5.

Among the principal authors of the measure

are the late Rep. Salvador Escudero III, re-
elected Reps. Jerry Treñas, Karlo Alexei
Nogales, Cesar Sarmiento, Rufus Rodriguez,
Mel Senen Sarmiento, and Marlyn Primicias-
Agabas, chairperson of the House Committee
on Revision of Laws.

The House-approved version identifies a

youthful offender as a child above 12 but at
least 15 years of age who acted with
discernment and a child above 15 years old
but under 18 years of age at the time of the
alleged commission of a criminal offense.

Another key provision provides for the

suspension of sentence of a child 12 years of
age or under and a child above 12 years old
but at least 15 years of age who acted with
discernment and was found guilty of an
offense, but mandates that the child be
committed to a repository institution or to the
custody of the DSWD or any duly licensed
agency.

Likewise, the bill provides that if the child

failed to comply with the conditions of the
repository institutions mentioned, the child
would be returned to the committing court for
the imposition of the penalty upon reaching
18 years of age.

Furthermore, if the offense charged is

murder, parricide, homicide, kidnapping,
rape, robbery, drug trafficking or other
offenses punishable by more than 12 years,
such child shall be presumed to have acted
with discernment.

Another vital provision is the transfer of the

supervision and control of the Juvenile Justice
and Welfare Council from the Department of
Justice to the Department of Social Welfare
and Development.

The measure also seeks to deter the

exploitation of juveniles by providing stiffer
penalties (penalty prescribed by law for the
crime committed shall be in its maximum
period) to anyone found guilty of taking
advantage of children to carry out criminal
activities. It also defines the responsibility of
parents in the supervision of their children.

Furthermore, it provides assistance to victims

of offenses committed by children.

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