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. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of
minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be
eighteen (18) years old or older. The age of a child may be determined from the child's birth
certificate, baptismal certificate or any other pertinent documents. In the absence of these
documents, age may be based on information from the child himself/herself, testimonies of other
persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the
age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the information
in any appropriate court may file a case in a summary proceeding for the determination of age
before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the
appropriate pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the appropriate
court, the person shall file a motion to determine the age of the child in the same court where the
case is pending. Pending hearing on the said motion, proceedings on the main case shall be
suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials
concerned shall exert all efforts at determining the age of the child in conflict with the law.
TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council
(JJWC) is hereby created and attached to the Department of Justice 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) Council for the Welfare of Children (CWC);
(b) Department of Education (DepEd);
(c) Department of the Interior and Local Government (DILG);
(d) Public Attorney's Office (PAO);
(e) Bureau of Corrections (BUCOR);