‘04 
9 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINE 
First Regular Session 
1 
S E N A T E  
S. No. 
Introduced by Senator S. R. Osmefia 111 
EXPLANATORY NOTE 
Drug addiction during pregnancy is becoming a common occurrence. 
Today, there are thousands of mothers who take illegal drugs during pregnancy. 
As a result, infants who are exposed to this irresponsible act risk premature birth, 
serious physical disabilities, permanent brain damage or death. Responsible 
parenting starts at conception. It is the duty of pregnant mothers to nurse the 
fetus even after birth. 
We should pursue an aggressive program that would totally eliminate 
Drug addiction and spare innocent infants from the horrors of such. This piece of 
legislation will go a long way in protecting unborn infants from drug dependent 
mot hers. 
In view of the foregoing, approval of this measure is earnestly requested. 
kL 
SERGIO OSMENA Ill 
Senator 
m 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
First Regular Session 
1 
OF THE PHILIPPINE 
) 
”84 
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9 
Introduced by Senator S. R, OsmeAa Ill 
AN ACT 
PENALIZING MOTHERS WHO TAKE COCAINE OR OTHER ILLEGAL DRUGS 
DURING PREGNANCY AND THEREBY CAUSE DEATH OR SERIOUS 
AMENDING ARTICLES 255 AND 264 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE 
PHYSICAL INJURY TO THE UNBORN CHILD OR NEW-BORN AND 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION I. 
Article 255 of Act No. 381 5, as amended, otherwise known 
as the Revised Penal Code, is hereby amended to read, as follows: 
“ART. 255, Infanticide. 
x x x x x x  
IF THE CRIME PENALIZED IN THIS ARTICLE BE 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 PRlSlON MAYOR: PROVIDED, THAT, THE COURT, IN 
ITS 
DICISION, 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 
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VIOLATE HER PROVISIONAL RELEASE CONDITIONS BY TAKING 
DRUGS OR COMMITTING ANOTHER CRIME, THE COURT SHALL 
IMPOSE THE SENTENCE HEREIN PROVIDED, WITH ALLOWANCE 
FOR THE TIME SPEND IN THE REHABILITATION CENTER.” 
SEC. 2. Art 264 of Act No. 3815, as amended, otherwise known as the 
Revised Penal Code, is hereby amended to read, as follows: 
“ART. 264. Administering injuries substances or beverages. - 
x x x x x x  
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 
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 NOT LONGER 
TAKE DRUGS OR VIOLATE THE CONDITIONS OF HER PROVISIONAL 
RELEASE FOR COMMUNITY SERVICE. SHOULD SAID MOTHER 
VIOLATE HER PROVISIONAL RELEASE FOR COMMUNITY SERVICE 
AND 
IMPOSE 
THE 
SENTENCE 
HEREIN 
PROVIDED, 
WITH 
ALLOWANCE FOR THE TIME SPENT IN THE REHABILITATION 
CENTER.” 
SEC. 3. This Act shall take fifteen (15) days after its publication in two (2) 
national newspapers of general circulation. 
Approved, 
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