RECEIVED
23 AUG 2015

Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

3240

HOUSE BILL NO,

INTRODUCED BY: HONORABLE ROGELIO D. PACQUIAO

EXPLANATORY NOTE

‘The recent upsurge in the killing of kidnap vietims by terrorists, and the continuing distress
of Filipinos across social classes over the safety of their family members from kidnap for ransom
gangs demand prompt action

Kidnapping crimes, and especially those made for ransom, exchange priceless lives for a
lesser interest, Kidnappers victimize not only the wealthy, but with increasing incidents now, even
the ordinary families. At times, kidnapping leads to other crimes, including the violation of the
chastity or killing of victims.

‘The menace of kidnapping for ransom has also resulted into an international concern for
the Philippines as domestic terror groups endanger foreign nationals in their effort to get money
that can fund more nefarious activities. It has brought shame to the country, and caused foreigners,
even those with intentions to help our people, to seriously think over their travel to the Philippines.

The State is bound to secure its people, and foreign expatriates and tourists that it hosts,
from the threat of kidnappers. They cannot be allowed to live and work in fear of the criminals,
Against the terrorist kidnappers, the State must strengthen its no-ransom policy with a deterring
enactment that clearly imposes a penalty approximating the value of the lives that the crime
endangers,

‘Therefore, the present bill is being filed separate from similarly intended bills for other
kinds of crimes in order for the bill to be addressed promptly and independent of more lengthy
discussion of other crimes.

This will show that the State is deliberate in strengthening its responsibility to secure the
safety of people in the country against kidnappers.

In view of the foregoing, approval of this bill is eamestly sought.

revince of Sarangani


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

3240

HOUSE BILL

INTRODUCED BY: HONORABLE ROGELIO D. PACQUIAO

“AN ACT TO IMPOSE THE DEATH PENALTY ON THE HEINOUS CRIME OF
KIDNAPPING, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS
AMENDED, AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

WHEREAS, the Constitution, specifically Article UII, Section 19 para,
states ive fines shall not be imposed nor cruel, degrading or
Neither shall death penalty be imposed, unless, for compelling reas
the Congress hereafter provides for it

ph (1) thereof,
nhuman punishment inflicted,
ns involving heinous crimes,

WHEREAS, the crimes punishable by death under this Act are heinous for being grievous,

odious and hateful offenses and which, by reason of their inherent or manifest wickedness,

ici atrocity and perversity are repugnant and outrageous to the common standards and
norms of decency and morality in a just, civilized and ordered society;

WHEREAS, the alarming upsurge of such crimes has resulted not only in the loss of
human lives but also undermined the people’s faith in the Government and the latter's ability to
maintain peace and order in the country:

WHEREAS, the Congress, in the justice, public order and the rule of law, and the need to
rationalize and harmonize the penal sanctions for heinous crimes, finds compelling reasons to
impose the death penalty for said crimes;

Now, therefore,

Section 1. 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 as 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:

Section 2. Article 267 of the Revised Penal Code, as amended, is hereby amended to read
as follows:

“Art. 267. Kidnapping and serious illegal detention. ~ Any private
individual who shall kidnap or detain another, or in any other manner deprive him
of his liberty. shall suffer the penalty of reclusion perpetua to death:

1. Ifthe kidnapping or detention shall have lasted more than three days.


2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made,

4. If the person kidnapped or detained shall be a minor, except when the
accused is any of the parents, female or a public officer.

The penalty of death shall be imposed where the kidnapping or detention
was committed for the purpose of extorting ransom from the victim or any other
person, even if none of the circumstances above-mentioned were present in the
commission of the offense.

THE PENALTY OF DEATH SHALL BE IMPOSED WHERE THE
KIDNAPPING OR DETENTION WAS COMMITTED TO FURTHER ANY
ACT OR PURPOSE OF INSURGENCY AGAINST THE STATE, EVEN IF
NO) OF THE CIRCUMSTANCES ABOVE-MENTIONED WERE
Pl NT IN THE COMMISSION OF THE OFFE

When the victim is killed or dies as a consequence of the detention or is
raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall
be imposed.”

sions of this Act are hereby repealed or modified accordingly.

Section 4. any reason or reasons, any part of the provision of this Act shall be held
to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby
shall continue to be in full force and effect.

Section 5. This Act shall take effect fifteen (15) days after its publication in two (2) national
newspapers of general circulation. ‘The publication shall not be later than seven (7) days after the
approval hereof.

Approved,

Lone District, Province of Sarangani