SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1213

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 4510 by the undersigned
Rufus B, Rodriguez during the 15” Congress where it was approved by the
Committee on Dangerous Drugs. It was approved on 2” reading and 3” readings by
the House of Representatives and was transmitted to the Senate where it was not
acted upon.

Last June 24, 2006, Republic Act 9348 was enacted into law thereby
prohibiting the imposition of death penalty in the Philippines. While the rationale for
passing the law was very clear and noble, there are some sectors of society who
believe that this law is not just and equitable because while foreigners may not be
executed in the Philippines for drug trafficking, Filipinos who commit the same are
executed in other jurisdictions.

‘One argument against RA 9346 is made in context of drug related crimes.
Many foreign nationals are now emboldened to establish their drug factories in the
Philippines because once convicted, they only suffer life imprisonment as opposed to
the penalties that they may suffer in their countries which is in some cases death (ie.
China),

‘There nave been constant reports of foreign nationals, including Chinese
nationals, being caught selling drugs and operating drug dens and laboratories in the
Philippines. And once caught and convicted, the penalty that our loca courts may
impose is only life imprisonment. This is a sad, or even unfair situation because
when Filipinos are caught drug trafficking abroad, they may be imposed the death
penalty, as seen in the most recent execution of the three Filipinos in China, namely
Elizabeth Batain, 38, Sally Ordinario-Vilanueva, 32, and Ramon Credo, 42.

And just last July 3, 2013, a 35-year-old Filipina was executed despite pleas
from the Philippine government. She was caught last January 25, 2011 with 6.198
kilos of heroin in her luggage al the Hangzhou Intemational Airport and
was sentenced to death in 2011

While there is no reason to question the laws of foreign countries, we must
however, ensure that our countrymen do not suffer the short end of the stick. As
such, there is a need to amend our laws to ensure that foreign nationals caught
violating our laws on drugs be also convicted of the harshest penalties that their
national law imposes.

In view of the foregoing, immediate passage of this bill is earnestly requested.



SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House BillNo___ 1213

AN ACT
ADOPTING THE HIGHER PRESCRIBED PENALTY, INCLUDING DEATH, OF THE
NATIONAL LAW OF AN ALIEN FOUND GUILTY OF TRAFFICKING DANGEROUS
DRUGS AND OTHER SIMILAR SUBSTANCES, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE “COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002”

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

SECTION 1. Section 31 of Republic Act No, 9165 is hereby amended to read as

follows:
"SEC, 31. [Additional] Penalty if Offender is an Alien. ~ IF
‘THE VIOLATOR OF ANY OF THE PROVISIONS OF THIS:
ACT IS AN ALIEN, THE PENALTY TO BE IMPOSED
SHALL BE THE PENALTY PRESCRIBED BY THE
ALIEN’S NATIONAL LAW FOR THE ACT COMMITTED
OR THE PENALTY PRESCRIBED BY THIS ACT,
WHICHEVER IS HIGHER: PROVIDED, THAT IF THE
ACT COMMITTED 1S NOT PUNISHABLE IN THE
ALIEN’S NATIONAL LAW, THEN THE PROVISIONS OF
THIS ACT SHALL APPLY.

“WHERE THE DEATH PENALTY |S NOT
IMPOSED BY THE NATIONAL LAW OF THE
OFFENDER, [!JIn addition to the penalties prescribed [in]
FOR the unlawful act committed, any alien who violates
such provisions of this Act shall, after service of sentence,
be deported immediately without further proceedings[,
unless the penalty is death).

“THE PENALTY OF DEATH, IF APPLICABLE,
SHALL BE IMPOSED DESPITE THE PROHIBITION OF
THE IMPOSITION OF THE DEATH PENALTY IN THE
PHILIPPINES.”

SEC. 2. Effectivity - This Act shail take effect fifleen (15) days after its compiete
publication in at least two (2) newspapers of general circulation

Approved,