I
:
 
. 
_ .  
THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Section 12 of Article II of the 1987 Constitution expressly provides for the 
recognition of the State of its protection of the life of the mother and the life of the 
unborn from conception. In other words, the life of the unborn child is as precious as 
the life of a mother. 
The problem of drug-addiction in the Philippines is an established reality. It is 
now established that fetuses and new-born infants who are drug-exposed as a result of 
mothers who take cocaine and other illegal drugs and substances die due to premature 
birth, face severe physical injuries, may suffer irreversible brain damage, or die soon 
after birth because of the drugs in their bodies. As a result, drug prevention education 
should make this known to our Filipino women, who are taking or are tempted to take 
drugs. 
Hence, in order to protect the unborn children and to redress the wrong done to 
them by mothers who take drugs during pregnancy, this bill provides for the penalties. 
The approval of this bill is recommended. 
EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
. .  
I 
.. 
BY : 
S E N A T E  
Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT 
PENALIZING MOTHERS WHO TAKE COCAINE OR OTHER ILLEGAL DRUGS 
DURING PREGNANCY AND THEREBY CAUSE DEATH OR SERIOUS PHYSICAL 
INJURY TO THE UNBORN CHILD OR NEW-BORN AND AMENDING ARTICLES 255 
AND 264 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assemble: 
SECTION 1. Article 255 of Act No. 3815, as amended, otherwise known as the 
Revised Penal Code, is hereby amended to read, as follows: 
“ART. 255, Infanticide. 
XXXXXXXXXXXXXXX 
“IF THE CRIME PENALIZED IN THIS ARTICLE IS COMMITTED BY THE 
MOTHER BY TAKING COCAINE OR OTHER ILLEGAL DRUGS DURING 
PREGNANCY AND THEREBY CAUSE THE DEATH OF THE UNBORN CHILD, 
OR OF THE NEW-BORN, SHE SHALL SUFFER THE PENALTY OF PRlSON 
MAYOR: PROVIDED, THAT, THE COURT, IN ITS DECISION, MAY COMMIT 
SAID MOTHER TO A DRUG REHABILITATION CENTER UNTIL SHE IS DRUG 
FREE AND, THEREAFTER, REQUIRE HER TO RENDER COMMUNITY 
SERVICE FOR THE UNSERVED PORTION OF HER SENTENCE IF TO DO SO 
WOULD NOT HARM THE COMMUNITY AND THERE IS A REASONABLE 
BASIS TO ASSUME THAT SHE WILL NO LONGER TAKE DRUGS OR 
VIOLATE THE CONDITIONS OF HER PROVISIONAL RELEASE FOR 
COMMUNITY 
SERVICE. 
SHOULD 
SAID 
MOTHER VIOLATE 
HER 


PROVISIONAL 
RELEASE 
CONDITIONS 
BY 
TAKING 
DRUGS 
OR 
COMMITTING ANOTHER CRIME, THE COURT SHALL RECOMMIT HER IN 
THE REHABILITATION CENTER.” 
SEC. 2. Art. 264 of Act No. 6815 as amended, otherwise known as the Revised 
Penal Code, is hereby amended to read, as follows: 
“ART. 264. Administering injuries substances or beverages. 
XXXXXXXXXXXX 
THE PENALTIES ESTABLISHED BY THE NEXT PRECEDING ARTICLE 
SHALL ALSO BE APPLICABLE IN THE RESPECTIVE CASE TO A MOTHER 
WHO, WITHOUT INTENT TO KILL, SHALL INFLICT UPON HER NEW-BORN 
CHILD ANY SERIOUS PHYSICAL INJURY, BY TAKING COCAINE OR OTHER 
ILLEGAL DRUGS OR SUBSTANCES DURING PREGNANCY: PROVIDED, 
THAT, THE COURT, IN ITS DISCRETION, MAY COMMIT SAID MOTHER TO A 
DRUG REHABILITATION CENTER UNTIL SHE IS DRUG-FREE AND, 
THEREAFTER, REQUIRE HER TO RENDER COMMUNITY SERVICE IF TO 
DO SO WOULD NOT HARM THE COMMUNITY AND THERE IS A 
REASONABLE BASIS TO ASSUME THAT SHE WILL NO LONGER TAKE 
DRUGS OR VIOLATE THE CONDITIONS OF HER PROVISIONAL RELEASE 
FOR COMMUNITY SERVICE WITH ALLOWANCE FOR THE TIME SPENT IN 
T H E REHAB I L ITAT I 0 N C E NT E R . ” 
SECTION 3. This Act shall take effect upon its approval and publication in at 
least two (2) national newspapers of general circulation. 
Approved,