FIFTEENTH CONGRESS OF THE _)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session ) .

(10) a 27 ROT

SENATE
QENSIVED oe
5.B.No.2116

Introduced by Senator FRANCIS G. ESCUDERO.

EXPLANATORY NOTE

‘This bill seeks to increase the penalty of the crime of incriminatory machination,
amending for the purpose Article 363 and 364 of the Revised Penal Code, to deter
persons from committing the same due to the increased penalty.

‘The Revised Penal Code defines incriminatory machinations by two distinct
crimes, to wit, incriminating innocent person and intriguing against honor.
Incriminating innocent person is committed by any person who, by any act not
constituting perjury, shall directly incriminate or impute to an innocent person the
commission of a crime, while intriguing against honor is committed by any person who
intrigues another for the principal purpose of blemishing the honor or reputation of a
person.

By its nature, incriminatory machinations refer to acts done for mere vexing,
harassing or injuring one’s adversary and which tend to directly cause false
prosecution. The present penalties imposed by the law are not commensurate to the
injury or damage caused to the victim of false prosecution and intrigue. There is
therefore a need to punish with greater severity individuals who are found guilty of
incriminatory machinations.

‘This bill aims to do just that by increasing the penalty for incriminating innocent
persons from arresto mayor or imprisonment for one month and one day to six months,
to prision mayor, which means imprisonment from six years and one day {o twelve
years. ‘The bill likewise increases the penalty for intriguing against honor from arresto
menor or imprisonment for 1 to 30 days, to prision correccional, which means
imprisonment from 6 months and one day to six years.

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

FRANCIS G. ESCUDERO



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FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

SENATE RECEIVED RV =

$.B.No.2116

10. GR 27 A101

Introduced by Senator FRANCIS G, ESCUDERO

AN ACT
AMENDING ARTICLES 363 AND 364 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

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

SECTION 1. Article 363 of Act No. 3815, as amended, otherwise known as The
Revised Penal Code, is hereby further amended to read as follows:

"Art. 363. Incriminating innocent persons. - Any person who, by any act not
constituting, perjury, shall directly incriminate or impute to an innocent person
the commission of a crime, shall be punished by [arresto mayor] PRISION
MAYOR IN ITS MINIMUM PERIOD."

SEC 2. Article 364 of the same Act, is likewise hereby further amended to read as
follows:

“Ar. 364. Intriguing Against Honor. - The penalty of [arresto menor] PRISION
CORRECCIONAL IN ITS MINIMUM PERIOD or a fine not exceeding [200]
50,000 pesos shall be imposed for any intrigue which has for its principal
purpose to blemish the honor or reputation of a person."

SEC. 3. Separnbilily Clause. - If any provision of this Act is declared invalid, the
remainder of this Act or any provision not affected thereby shall remain in force and
effect.

SEC. 4. Repealing Clause. - All laws, orders, decrees, rules and regulations, and
other parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SEC. 5. Effectivily. - This act shall take effect fifteen (15) days after its publication
in the Official Gazette or at least two (2) newspapers of general circulation.

Approved,