“(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 highly-urbanized city (the
LGUs) shall be responsible for building, funding and operating a ‘Bahay Pag-asa’ within their
jurisdiction following the standards that will be set by the DSWD and adopted by the JJWC.
“Every ‘Bahay Pag-asa’ will have a special facility called the IJISC. This Center will be allocated
for children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. These
children will be required to undergo a more intensive multi-disciplinary intervention program. The
JJWC in partnership with, but not limited to, the DSWD, the DOH, the DepED and the DILG, will
develop and set the standards for the implementation of the multi-disciplinary intervention
program of the IJISC. Upon institutionalization of the IJISC program, the JJWC will continue to
monitor and provide technical assistance to the multi-disciplinary 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. Highlyurbanized 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: