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FOURTEENTH CONGRESS OF THE REPUBLIC 
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First Regular Session 
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OF THE PHILIPPINES 
Senate Bill No. 640 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution affirms the principle that the maintenance of peace and 
order, the protection of life, liberty and property, and the promotion of the general 
welfare are essential for the enjoyment by all the people of the blessings of 
democracy. 
Dereliction of duty by a public officer through abetting the escape of a 
prisoner, however, is both a circumvention and a negation of this Constitutional 
provision. 
In view thereof, this bill seeks to amend Article 223 of the Revised Penal 
Code by imposing penalties on any public officer who, without proper court order 
or authorization, releases a prisoner and later allows him to return to his 
detention cell, or consents to or connives in the escape of a prisoner under his 
custody or charge. 
Approval of this bill is therefore earnestly requested. 
( 
Senator 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 640 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PENALIZING PUBLIC OFFICERS FOR RELEASING PRISONERS IN ORDER 
TO COMMIT A CRIME AND ALLOWING THEM TO RETURN TO PRISON, 
AND FOR THIS PURPOSE AMENDING ARTICLE 223 OF 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 223 of the Revised Penal Code is hereby amended to 
read as follows: 
"ART. 223. Conniving With or Consenting to Evasion. - Any public 
officer who, WITHOUT COURT ORDER OR AUTHORIZATION, SHALL 
RELEASE A PRISONER AND ALLOW HIM TO RETURN TO PRISON 
OR DETENTION OR shall consent to the escape of a prisoner in his 
custody or charge, shall be punished: 
(1) 
By prison correctional in its medium and maximum 
periods and temporary special disqualifications in its 
maximum period to perpetual special disqualification, if 
the fugitive shall have been sentenced by final judgment 
to any penalty. 
By prison correctional in its [minimum] MAXIMUM period 
and 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. 
BY PRISON MAYOR IN ITS MAXIMUM PERIOD AND 
PERPETUAL ABSOLUTE DISQUALIFICATION IN CASE 
THE PRISONER COMMITTED AN OFFENSE OUTSIDE 
THE PRISON OR DETENTION CENTER." 
(2) 
(3) 
SEC 2. Separability Clause - If any provision, or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting, 


SEC 3. Repealing Clause - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to or inconsistent with, the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
SEC 4. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved,