Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 8971

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT
PRESCRIBING STRICTER PENALTIES ON THE CRIME OF DELIVERING PRISONERS
FROM JAIL AND INFIDELITY IN THE CUSTODY OF PRISONERS AMENDING FOR
THE PURPOSE ARTICLES 156, 223 AND 224 OF REPUBLIC ACT NO. 3815 AS
AMENDED OTHERWISE KNOWN AS THE REVISED PENAL CODE OF THE
PHILIPPINES.

EXPLANATORY NOTE

Public office is a public trust. It is paramount for public officials to
dispose of their duties with utmost responsibility, integrity, competence and
loyalty. As servants officers must uphold patriotism and justice.

It is with great concern that convicted criminals and those who were
detained in our jails had escape from our prisons because public officials
charge to prevent escape failed to exercise utmost diligence and dedication in
the exercise of their duties and obligations. Worst it is a known fact that some
of these escapes had been perpetuated for personal interest or for
consideration, thus, it is now perceive that most of this escapes were done
out of patronage

This bill, therefore, seeks to increase the penalties to our public officials
and employees in charge of custody of prisoners for their negligence,
connivance with or without consent to jail escape.

In view, thereof passage of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 8971

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT
PRESCRIBING STRICTER PENALTIES ON THE CRIME OF DELIVERING PRISONERS
FROM JAIL AND INFIDELITY IN THE CUSTODY OF PRISONERS AMENDING FOR
THE PURPOSE ARTICLES 156, 223 AND 224 OF REPUBLIC ACT NO. 3815 AS
AMENDED OTHERWISE KNOWN AS 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 156, Chapter 5, Title 3, Book Two of Republic Act 3815, as amended,
otherwise known as the Revised Penal Code, is hereby amended to read as follows:

"ART. 156. Delivering prisoners from jail. - The penalty of [arresto mayor)
PRISION MAYOR in its MEDIUM AND maximum periods [to prision
correctional in its minimum period] OR THE PENALTY NEXT LOWER IN
DEGREE THAN THAT IMPOSED ON THE PRISONER IN ITS MEDIUM AND
MAXIMUM PERIODS shall be imposed upon any person who shall remove
from any jail or penal establishment any person confined therein or shall help
the escape of such person, by means of violence, intimidation or bribery,
WHICHEVER IS HIGHER. If other means are used, the penalty of [arresto)
PRISION mayor IN ITS MINIMUM AND MEDIUM PERIODS OR TWO
DEGREES LOWER THAN THAT IMPOSED TO THE PRISONER IN ITS
MEDIUM PERIOD shall be imposed [.. WHICHEVER IS HIGHER.

If the escape of the prisoner shall take place outside of said
establishments by taking the guards by surprise, the same penalties
PRESCRIBED IN THE IMMEDIATELY PRECEDING 20 PARAGRAPH shall be
imposed in their minimum periods.”


SEC. 2. Article 223, Section One, Chapter Five, Title Seven, Book Two of Republic Act No.
3815, as amended, otherwise known as the Revise Penal Code, is hereby amended to

read as follows:

ART. 223. Conniving with or consenting to evasion. - Any public officer
who shall consent to the escape of a CONVICT OR DETENTION prisoner in his
custody or charge, OR WHO SHALL RELEASE SUCH CONVICT OR
DETENTION PRISONER AND ALLOW HIM TO RETURN TO PRISON OR
DETENTION WITHOUT ANY PROPER COURT ORDER OR
AUTHORIZATION shall be punished:

(1) By prision [correccional] MAYOR in its medium and maximum
periods OR THE PENALTY NEXT LOWER IN DEGREE THAN THAT
IMPOSED ON THE PRISONER, IN ITS MEDIUM AND MAXIMUM
PERIODS, WHICHEVER IS HIGHER and [temporary special
disqualification in its maximum period to perpetual special] PERPETUAL
ABSOLUTE disqualification, if the fugitive shall have been sentenced by
final judgment to any penalty.

(2) By prision [correctional] MAYOR in its minimum period OR THE
PENALTY EQUIVALENT TO THAT PRESCRIBED TO AN ACCESSORY
BASED ON THE CRIME IMPUTED UPON THE PRISONER, IN ITS
MAXIMUM PERIOD, WHICHEVER is HIGHER and [temporary special]
PERPETUAL ABSOLUTE 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.

(3) BY RECLUSION PERPETUA AND PERMANENT ABSOLUTE
DISQUALIFICATION, IF THE FUGITIVE WHO IS HELD AS A
DETENTION PRISONER HAS BEEN CHARGED FOR ANY CRIME
PENALIZED BY RECLUSION PERPETUA TO DEATH.

SEC. 3. Article 224, Section One, Chapter Five, 'Title Seven, Book Two of Republic Act
No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby amended


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to read as follows:

"ART. 224. Evasion through negligence. - If the evasion of the CONVICT
OR DETENTION prisoner shall have taken place through the negligence of the
officer charged with the conveyance or custody ofthe escaping prisoner? said
officer shall suffer the penalties of farresto mayor it its maximum period to
prision correctional in its minimum period] PRISION CORRECCIONAL IN ITS
MEDIUM AND MAXIMUM PERIODS OR THE PENALTY EQUIVALENT TO
THAT PRESCRIBED TO AN ACCESSORY BASED ON THE CRIME
IMPUTED UPON THE CONVICT OR DETENTION PRISONER IN ITS
MAXIMUM PERIOD, WHICHEVER IS HIGHER and temporary [special]
ABSOLUTE disqualification.”

SEC. 5. Repealing Clause. - All laws, executive order or administrative orders, rules and
regulations or parts thereof, which are inconsistent with this Act, are hereby amended,

repealed or modified accordingly.

SEC. 6. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,