Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

Howse tania. “00

Introduced by HONORABLE RESURRECCION MARRERO-ACOP, MD

EXPLANATORY NOTE

With a prison population total of more than 188,000, 'the Philippines
ranks at 6 in Asia and 11" in the entire world. Corollary to the growing
number of prisoners going in jail each year is those going out by means of
escaping.

Act No. 3815, as amended, otherwise known as the Revised Penal
Code (RPC) provides penalties for the crimes of delivering prisoners from jail
(Article 156), conniving with or consenting to evasion (Article 223), and
evasion through negligence (Article 224). Regrettably however, the existing
penalties prescribed therefor are seemingly inadequate and ineffectual to be
considered a deterrent.

It is high time that stringent measures be taken against law officers
entrusted with the custody and detention of prisoners, whether detention
prisoners or prisoners serving sentence. As aptly quoted by the High Court
in the 1988 case of Bondoc v. Sandiganbayan,*(ijaxity and negligence in the
performance of their duties resulting in the mysterious escapes of notorious
criminals have become common news items, involving as it does the
suspicion that monetary considerations may have entered into the
arrangements which led to the successful escape of such notorious
criminals xxx. No quarters should be extended to such kind of law officers
who, deliberately or otherwise, fail to live up to the standard required of
their duties, thus directly contributing not only to the clogging of judicial
dockets but also to the inevitable deterioration of peace and order.”

*prisonstudies.org. (n.d.).Philippines | World Prison Brief. [online] Available at:
inttp://www. prisonstudies.org/country/philippines [Accessed 17 Jul. 2019}.

prisonstudies.org. (n.d.).Highest to Lowest - Prison Population Total | World Prison Brief. [online] Available at:
http://www. prisonstudies.org/highest-to-lowest/prison-population-total?field_region_taxonomy.tid=16
[Accessed 17 Jul. 2019}.

Alfredo Rodillas Y Bondoc v.The Honorable Sandiganbayan, et al., G.R. No. L-58652, May 20, 1988


It bears emphasis that the foregoing statement which was considered
relevant and timely then, remains to be so, more than three decades later.

Hence, this measure seeks to amend the pertinent provisions of the
RPC and impose higher penalties upon a public officer who shall: consent to
the escape of the convict or detainee in his custody; or, release and allow the
return to prison or detention of a convict or detainee without proper court
order or authorization; or, when through the negligence of the officer
charged with the conveyance or custody of the convict or detainee, the latter
is able to evade detention. An increase in the penalty is likewise sought
upon any person who shall remove from jail or penal establishment any
person confined therein or shall help their escape by means of violence,
intimidation or bribery.

This proposed legislation was previously filed in the 15, 16" and 17%
Congresses and passed on Third Reading by each of the three Congresses,
respectively. In all instances, it was transmitted to the Senate for its
concurrence but was never enacted into law due to lack of material time.

This representation now seeks to refile this measure in the hope that
it will finally be enacted into a law in the current Congress as it is relevant
to the government’s campaign against criminality in the country.

For the foregoing reasons, the immediate approval of this proposed
measure is earnestly sought.

sey

MARRERO-ACOP, MD
Representative
2n4 District, Antipolo City

RESU!



Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2600

Introduced by HONORABLE RESURRECCION MARRERO-ACOP, MD

AN ACT
ACT PRESCRIBING STIFFER PENALTIES FOR THE CRIMES OF
DELIVERING PRISONERS FROM JAIL AND INFIDELITY IN THE
CUSTODY OF PRISONERS, AMENDING FOR THE PURPOSE ARTICLES
156, 223 AND 224 OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE “REVISED PENAL CODE OF THE PHILIPPINES”

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

SECTION 1. Article 156, Chapter 5, Title Three, Book Two of Act No.
3815, as amended, otherwise known as the “Revised Penal Code of the
Philippines”, is hereby amended to read as follows:

“ARTICLE 156.Delivering prisoners from jail. - The penalty of
[arresto—mayor| PRISION MAYOR in its MEDIUM AND
maximum periodS [to—prisioneorreccional-in-its~minimum
period] OR THE PENALTY NEXT LOWER IN DEGREE
THAN THAT IMPOSED ON THE PRISONER IN ITS
MEDIUM AND MAXIMUM PERIODS shall be imposed upon
any person who shall remove from any jail or penal
establishment any person confined therein or shall help the
escape of such person, by means of violence, intimidation or
bribery {}, WHICHEVER IS HIGHER. If other means are
used, the penalty of [arresto] PRISION mayor IN ITS
MINIMUM AND MEDIUM PERIODS OR TWO DEGREES
LOWER THAN THAT IMPOSED TO THE PRISONER IN ITS
MEDIUM PERIOD shall be imposed {}, WHICHEVER IS
HIGHER.

If the escape of the prisoner shall take place outside of said
establishments by taking the guards by surprise, the same


penalties PRESCRIBED IN THE IMMEDIATELY

PRECEDING PARAGRAPH shall be imposed in their

minimum period.”

SECTION 2. Article 223, Section One, Chapter Five, Title Seven, Book
Two of Act No. 3815, as amended, otherwise known as the “Revised Penal
Code of the Philippines”, is hereby amended to read as follows:

“ARTICLE 223.Conniving with or consenting to evasion - Any
public officer who shall consent to the escape of a CONVICT
OR DETENTION prisoner in his custody or charge, OR WHO
SHALL RELEASE SUCH CONVICT OR DETENTION
PRISONER AND ALLOW HIM TO RETURN TO PRISON OR
DETENTION WITHOUT ANY PROPER COURT OR
AUTHORIZATION shall be punished:

1. By prision [correccional] MAYOR in its medium and
maximum periods OR THE PENALTY NEXT LOWER IN
DEGREE THAN THAT IMPOSED ON THE PRISONER,
IN ITS MEDIUM AND MAXIMUM PERIODS,
WHICHEVER IS HIGHER and [temporary—special

special] PERPETUAL ABSOLUTE disqualification, if the
fugitive shall have been sentenced by final judgment to
any penalty.

2. By prision [correccional] MAYOR in its minimum period OR
THE PENALTY EQUIVALENT TO THAT PRESCRIBED TO AN
ACCESSORY BASED ON THE CRIME IMPUTED UPON THE

[temporary—special]
disqualification, in case the fugitive shall not have been finally
convicted but only held as a detention prisoner for any crime
or violation of law or municipal ordinance. .

3. BY RECLUSION PERPETUA AND PERMANENT
ABSOLUTE DISQUALIFICATION, IF THE FUGITIVE WHO IS
HELD AS A DETENTION PRISONER OR CONVICT HAS
BEEN CHARGED FOR OR CONVICTED OF ANY CRIME
PENALIZED BY RECLUSION PERPETUA TO DEATH.”

SECTION 3. Article 224, Section One, Chapter Five, Title Seven, Book
Two of Act No. 3815, as amended, otherwise known as the “Revised Penal
Code of the Philippines”, is hereby amended to read as follows:

“ARTICLE 224.Evasion through negligence. - If the evasion of
the CONVICT OR DETENTION prisoner shall have taken
place through the negligence of the officer charged with the
conveyance or custody of the escaping prisoner, said officer


shall suffer the penalties of [arreste-mayor in-ite-maximum
: a Se eee ied] PRIRION

CORRECCIONAL IN ITS MEDIUM AND MAXIMUM

PERIODS OR THE PENALTY EQUIVALENT TO THAT

PRESCRIBED TO AN ACCESSORY BASED ON THE CRIME

IMPUTED UPON THE CONVICT OR DETENTION

PRISONER IN ITS MAXIMUM PERIOD, WHICHEVER IS

HIGHER and __[temporary———special] | ABSOLUTE

disqualification.”

SECTION 4. Repealing Clause — All laws, executive orders,
administrative orders, rules and regulations or parts thereof which are
inconsistent with this Act are hereby amended, repealed or modified
accordingly.

SECTION 5. Effectivity — This Act shall take effect fifteen (15) days
following the completion of its publication in the Official Gazette or in at
least two (2) newspapers of general circulation.

Approved,