TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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SENATE
S. No. 602
X..’ t. I ^ I .
'iDf’if* of ('■? O 'll..!
25 JUL 15 AH :09
RtCElVtDB'-
Introduced by Senator Robinhood Padilla
AN ACT
IMPOSING DEATH PENALTY ON THE HEINOUS CRIME OF SECURITY 
PERSONNEL ENGAGED TO COMMIT MURDER, AND PROVIDING PENALTIES 
FOR ANY PERSON WHO RECRUIT, MAINTAIN, USE, AID, FUND, OR TRAIN 
SECURITY PERSONNEL TO COMMIT MURDER, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Our fundamental law suspended the imposition of the death penalty and 
commuted all the death penalties imposed then to reclusion perpetua. Nonetheless, 
as can be seen from the following provision of the 1987 Constitution, the Congress 
may re-impose it "for compelling reasons involving heinous crimes"
Article III, Section 19, paragraph (1) of the Constitution states that:
"Excessive fines shall not be imposed nor cruel, degrading or inhuman 
punishment inflicted. Neither shall death penalty be imposed, unless, for 
compelling reasons involving heinous crimes, the Congress hereafter provides 
for it."
The merciless killings perpetrated by scalawags or individuals who are former 
or present members of law enforcement agencies or paramilitary forces of the 
government have been so perverse and repugnant that it gravely threatens our 
civilized and orderly society. It also puts the good name of our public institutions into 
a bad light and undermines the mandate of our law enforcement agencies to 
guarantee public safety and security.
The murder of Governor Roel Degamo and numerous others on the morning of 
March 4, 2023 has deeply shaken our nation. Governor Degamo, who was meeting


with his constituents in Negros Oriental province, was killed by rifle-bearing men who 
entered his home in Pamplona town and opened fire, thereby causing the death of 
eight (8) other civilians. Undeniably, this heinous crime is a tragedy that must never 
be repeated.
The involvement of former security personnel in this brutal act is deeply 
concerning. These individuals were once entrusted with the task of safeguarding our 
country and were trained by the government at great expense to do so. The fact that 
their specialized training was used to carry out such a horrific crime is unacceptable.
To address this issue, this proposed bill thus imposes the death penalty on the 
heinous crime of security personnel engaged to commit murder. This measure also 
provides corresponding penalties to any person who will recruit, use, maintain, fund, 
aid or train security personnel to commit murder.
This representation firmly believes that this is a step towards sending a strong 
message that the government will not tolerate the misuse of specialized training and 
skills for criminal purposes.
Lest we forget that we owe it to our citizens to ensure that they are protected 
from those who would seek to harm them, especially those who have been entrusted 
with the responsibility of safeguarding our nation.
In view of the foregoing, the passage of this bill is earnestly sought.
ROBI
PADILLA
fenator


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TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE 
S. No. 6G2
si riu« .
\Eiffir of !i :• ■:
25 JUL 15 AH -09
Rl'CElVt L)
Introduced by Senator Robinhood Padilla
AN ACT
IMPOSING DEATH PENALTY ON THE HEINOUS CRIME OF SECURITY 
PERSONNEL ENGAGED TO COMMIT MURDER, AND PROVIDING PENALTIES 
FOR ANY PERSON WHO RECRUIT, MAINTAIN, USE, AID, FUND, OR TRAIN 
SECURITY PERSONNEL TO COMMIT MURDER, 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 "Anti-Scalawag Act"
Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to 
foster and ensure not only obedience to its authority but also to adopt such measures 
that would effectively promote the maintenance of peace and order, the protection of 
life, liberty and property, and the promotion of the general welfare which are essential 
for the enjoyment by all the people of the blessings of democracy in a just and humane 
society.
Sec. 3. Definition of Terms. — As used in this Act, the term:
a. Person includes any natural or juridical person, unless the context 
indicates otherwise;
b. Scalawag refers to security personnel who are engaged to commit 
murder under Article 248 (Murder) of the Revised Penal Code (RPC);
c. Security personnel refers to active or former personnel, regardless of 
rank, of the Armed Forces of the Philippines (AFP), Philippine National 
Police (PNP), Bureau of Fire Protection (BFP), Bureau of Jail 
Management and Penology (BJMP), National Bureau of Investigation


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(NBI), Philippine Drug Enforcement Agency (PDEA), Philippine Coast
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Guard (PCG), intelligence agencies of the government, and paramilitary
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forces trained by the government; and
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d. Engagement refers to an agreement, in any form, with or without
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pecuniary consideration, obtaining the service of security personnel for
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the commission of murder under the RPC.
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Sec. 4. Prohibited Acts Committed by a Security Personnei — It shall be
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unlawful for any security personnel to be engaged by another person in the
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commission of murder under the RPC.
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Sec. 5. Recruiting, Maintaining, Using, Aiding, Funding, or Training of Security
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Personnei. — It shall be unlawful for any person to participate in the recruitment,
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maintenance, use, aid, funding, or training of security personnel for the commission
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of murder under the RPC.
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The acts of recruiting, maintaining, using, aiding, funding, and training Security
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Personnel are defined as follows:
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a. Recruiting security personnel is an act of enlisting or securing the
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services of security personnel to engage in the commission of murder
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under the RPC;
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b. Maintaining security personnel is an act of keeping security personnel
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to commit murder under the RPC;
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c. Using security personnel is an act of utilizing security personnel to
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commit murder under the RPC;
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d. Aiding security personnel is an act of providing any form of support,
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other than financial aid, to security personnel to engage in the
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commission of murder under the RPC;
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e. Funding security personnel is an act of providing financial support to
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security personnel engaged to commit murder under the RPC; and
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f. Training security personnel is an act of training a security personnel
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engaged to commit murder under the RPC.
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Any person who shall recruit, maintain, use, aid, fund, or train security
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personnel under this provision shall suffer the penalty of twenty (20) years


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imprisonment with the corresponding accessories penalties under the RPC including
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forfeiture of retirement benefits, if applicable.
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Sec. 6. Declaration of Heinous Crime. — It is hereby declared as a heinous
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crime when the acts defined and penalized under Secs. 4 and 5 resulted in the
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consummation of murder.
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Sec. 7. Imposition of Death Penalty. — Death penalty shall be imposed on the
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heinous crime provided in this Act.
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Sec. 8. Suspension of the Execution of the Death Sentence. — The death
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sentence shall not be inflicted upon a woman while she is pregnant or within one (1)
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year after delivery, nor upon any person over seventy years of age. In this last case,
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the death sentence shall be commuted to the penalty of forty (40) years imprisonment
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with the accessory penalties provided under the Revised Penal Code.
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Sec. 9. Separability Clause. — If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provisions not affected thereby shall
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remain in force and effect.
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Sec. 10. Repealing Clause. — Republic Act No. 9346 or An Act Prohibiting the
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Imposition of Death Penalty is hereby amended accordingly in so far as the prohibition
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of death penalty on crimes as specified on this Act. Any law, presidential decree or
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issuance, executive order, letter of instruction, rule or regulation inconsistent with the
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provisions of this Act is hereby repealed or modified accordingly.
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Sec. 11. Effectivity Clause. — This Act shall take effect after fifteen (15) days
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following its complete publication in the Official Gazette or a newspaper of general
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circulation.
Approved,