HOUSE O° KEPRESENT TIVES
RECEIVED

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TINE:

Republic of the Philippines

HOUSE OF REPRESENTATIVE} By:

Quezon City
RFCISTRATION UNIT

Seventeenth Congress BILLS AND iNDEX SERVICE

First Regular Session

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Introduced by REPRESENTATIVES FREDENIL H. CASTRO,
PANTALEON D. ALVAREZ, RODOLFO C. FARINAS, ROLANDO G. ANDAYA, JR.,
MICHAEL JOHN R. DUAVIT, CARLOS 0. COJUANGCO, ELISA T. KHO,
RANEO E. ABU, BENHUR L. SALIMBANGON, DANILO E. SUAREZ, and
RODEL M. BATOCABE

EXPLANATORY NOTE

There is no denying the scourge illicit drugs have foisted upon our society, and neither is
there any denying the audacity with which malefactors, whether under the influence or otherwise,
have perpetuated the most perverse and atrocious crimes in the most repugnant of manners.

Our criminal justice system has had to make do with penal laws that are perceived to be less
than dissuasive. There is evidently a need to reinvigorate the war against criminality by reviving a
proven deterrent coupled by its consistent, persistent, and determined implementation. And this
need is as compelling and critical as any.

‘The imposition of the death penalty for heinous crimes and the mode of plementation,
both subjects of repealed laws, are crucial components of an effective dispensation of both
reformative and retributive justice.

It is, thus, imperative that this Congress, in the exercise of its mandate to take every
conceivable step to protect the honor and dignity and the very life of each and every law-abiding
Filipino, pass in the most expeditious manner such laws re-imposing the penalty of death for the
‘most abhorrent of offenses and provide for its execution.

For these reasons, the passage of this bill le
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Piviz0. C. FARINAS



(HB No. 01)

wash ANDAYA, JR

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DANILO E. SUAREZ

(CHAPL JOHN R. RUAVIT

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ELISA T. KHO.

SALIMBANGON

RODEL M. BATOCABE


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Seventeenth Congress
First Regular Session
House BiLLNo.__°

Introduced by
REPRESENTATIVES FREDENIL H. CASTRO, PANTALEON D. ALVAREZ,
RODOLFO C. FARINAS, ROLANDO G ANDAYA, JR., MICHAEL JOHN R. DUAVIT,
CARLOS O. COJUANGCO, ELISA T. KHO, RANEO E. ABU,
BENHUR L. SALIMBANGON, DANILO E. SUAREZ and RODEL M. BATOCABE

AN ACT
IMPOSING THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, REPEALING FOR
THE PURPOSE REPUBLIC ACT NO. 9346, ENTITLED “AN ACT PROHIBITING THE
IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES” AND AMENDING ACT NO.
3815, AS AMENDED, OTHERWISE KNOWN AS THE “REVISED PENAL CODE,” AND
OTHER SPECIAL PENAL LAWS

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

SECTION 1. Short Title. — This Act shall be known as the “Death Penalty Law.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to
foster peace and order and ensure obedience to its authority, protect life, liberty and
property and promote the general welfare which are essential for the enjoyment by alll the
people of the blessings of democracy in a just and humane society.

Towards this end, in the interest of justice, public order and rule of law, and the
need to rationalize and harmonize the penal sanctions, the Congress, finds compelling
reasons to impose the death penalty for heinous crimes, for being grievous, odious and
hateful offenses, which by reason of their inherent or manifest wickedness, viciousness,
atrocity and perversity are repugnant and outrageous to the common standards and norms
of decency and morality in a just, civilized and ordered society.

SEC. 3. Imposition of Death Penalty. - The death penalty is hereby imposed on
heinous crimes, as defined and enumerated in this Act, amending for the purpose Act No.
3815, as amended, otherwise known as the “Revised Penal Code,” and other special

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penal laws.

SEC. 4. Article 114 of the Revised Penal Code, as amended, is hereby amended to

read as follows:

Code,

“ART. 114, Treason. - Any Filipino citizen who levies war against
the Philippines or adheres to her enemies giving them aid or comfort
within the Philippines or elsewhere, shall be punished by reclusion
perpetua TO DEATH and shall pay a fine not to exceed 100,000 pesos .”

No person shall be convicted of treason unless on the testimony of
two witnesses at least to the same overt act or on confession of the
accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts of
treason as defined in paragraph 1 of this Article shall be punished by
reclusion temporal to [reclusion perpetua] DEATH and shall pay a fine not
to exceed 100,000 pesos.”

SEC. 5. Section Three, Chapter One, Title One of Book Two of the Revised Penal

as amended, is hereby further amended to read as follows:

“Section Three. - Piracy and mutiny on the high seas or in
Philippine waters

ART. 122. Piracy in general and mutiny on the high seas or in
Philippine waters. — The penalty of reclusion perpetua shall be inflicted
upon any person who, on the high seas, or in Philippine waters, shall
attack or seize a vessel or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo of said vessel, its
equipment or passengers.

The same penalty shall be inflicted in case of mutiny on the high
seas or in Philippine waters.

ART. 123. Qualified piracy. - The penalty of reclusion perpetua
TO DEATH shall be imposed upon those who commit any of the crimes
referred to in the preceding article, under any of the following
circumstances:

1, Whenever they have seized a vessel by boarding or firing upon
the same;


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2. Whenever the pirates have abandoned their victims without
means of saving themselves or;

3. Whenever the crime is accompanied by murder, homicide,
physical injuries or rape.”

SEC. 6. Article 211-A of the Revised Penal Code, as amended, is hereby amended
to read as follows:

“ART. 211-A. Qualified Bribery. — If any public officer is entrusted
with law enforcement and he refrains from arresting or prosecuting an
offender who has committed a crime punishable by reclusion perpetua
and/or death in consideration of any offer, promise, gift or present, he shall
suffer the penalty for the offense which was not prosecuted.

If it is the public officer who asks or demands such gift or present,
he shall suffer the penalty of [reciusion perpetua] DEATH.”

SEC. 7. Article 246 of the Revised Penal Code, as amended, is hereby amended to
read as follows:

“ART. 246. Parricide. - Any person who shall kill his father, mother,
or child, whether legitimate of illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua TO DEATH."

SEC. 8. Article 248 of the Revised Penal Code, as amended, is hereby further
amended to read as follows:

“ART. 248. Murder. — Any person who, not falling within the
provisions of Article 246 shall kill another, shall be guilty of murder and
shall be punished by reclusion perpetua, TO DEATH if committed with any
of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the
aid of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity;

2. In consideration of a price, reward or promise;

3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a railroad, fall of an


airship, or by means of motor vehicles, or with the use of any other means
involving great waste and ruin;

4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity;

5. With evident premeditation;

6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or corpse.”

SEC. 9. Article 255 of the Revised Penal Code, as amended, is hereby amended to

read as follows:

“ART. 255. Infanticide. — The penalty provided for parricide in
Article 246 and for murder in Article 248 shall be imposed upon any
person who shall kill any child less than three days of age

If any crime penalized in this Article be committed by the mother of
the child for the purpose of concealing her dishonor, she shall suffer the
penalty of prision mayor in its medium and maximum periods, and if said
crime be committed for the same purpose by the maternal grandparents or
either of them, the penalty shall be reclusion temporal.”

SEC. 10. Article 266-A and 266-B of the Revised Penal Code, as amended, is

hereby amended to read as follows:

“ART. 266-A. Rape: When and How Committed. - Rape is
committed:

1) By a man who shall have carnal knowledge of a woman
under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise
unconscious;

c) By means of fraudulent machination or grave abuse of
authority; and


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d) When the offended party is under twelve (12) years of age or
is demented, even though none of the circumstances mentioned above be
present.

2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act of sexual assault by
inserting his penis into another person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another person.

ART. 266-B. Penalty. — Rape under paragraph 1 of the next
preceding article shall be punished by reclusion perpetua

Whenever the rape is committed with the use of a deadly weapon

or by two or more persons, the penalty shall be reclusion perpetua TO
DEATH.

When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be reclusion perpetua TO DEATH

When the rape is attempted and a homicide is committed by reason
or on the occasion thereof, the penalty shall be reclusion perpetua TO
DEATH.

When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be [reclusion perpetua] DEATH

The DEATH penalty [of reclusion perpetual] shall also be imposed if
the crime of rape is committed with any of the following
aggravating/qualifying circumstances:

|) When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common-law
spouse of the parent of the victim;

2) When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution;

3) When the rape is committed in full view of the spouse,
parent, any of the children or other relatives within the third civil degree
of consanguinity;


4) When the victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such by the offender
before or at the time of the commission of the crime;

5) When the victim is a child below seven (7) years old;

6) When the offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome
(AIDS) or any other sexually transmissible disease and the virus or
disease is transmitted to the victim;

7) When committed by any member of the Armed Forces of the
Philippines or para-military units thereof or the Philippine National Police
or any law enforcement agency or penal institution, when the offender
took advantage of his position to facilitate the commission of the
crime;

8) When by reason or on the occasion of the rape, the victim
has suffered permanent physical mutilation or disability;

9) When the offender knew of the pregnancy of the offended
party at the time of the commission of the crime; and

10) When the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at the time of the
commission of the crime.

Rape under paragraph 2 of the next preceding article shall be
punished by prision mayor.

Whenever the rape is committed with the use of a deadly weapon
orbytwo or more persons, the penalty shall be prision mayor to
reclusion temporal.

When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be reclusion temporal.

When the rape is attempted and a homicide is committed by reason
or on the occasion thereof, the penalty shall be reciusion temporal to
reclusion perpetua

When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be reclusion perpetua.


Reclusion temporal shall be imposed if the rape is committed with

any of the ten aggravating/qualifying circumstances mentioned in
this article.”

SEC. 11 Article 267 of the Revised Penal Code, as amended, is hereby
amended to read as follows:

“ART. 267. Kidnapping and serious illegal detention. — Any
private individual who shall kidnap or detain another, or in any other
manner deprive him of his liberty, shall suffer the penalty of reclusion
perpetua TO DEATH:

1. If the kidnapping or detention shall have lasted more than
three days.

2. __Ifit shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon

the person kidnapped or detained; or if threats to kill him shall have been
made.

4, If the person kidnapped or detained shall be a minor, except
when the accused is any of the parents, female or a public officer.

The penalty shall be [reclusion perpetual DEATH where the
kidnapping or detention was committed for the purpose of extorting
ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the
offense.

When the victim is killed or dies as a consequence of the detention
or is raped, or is subjected to torture or dehumanizing acts, the maximum
penalty shall be imposed.”

SEC. 12. Article 294 of the Revised Penal Code, as amended, is hereby further
amended to read as follows:

“ART. 294. Robbery with violence against or intimidation of
persons — Penalties. - Any person guilty of robbery with the use of
violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua TO DEATH, when by
reason or on occasion of the robbery, the crime of homicide shall have


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been committed, or when the robbery shall have been accompanied by
rape or intentional mutilation or arson.

2. The penalty of reclusion temporal in its medium period to
reclusion perpetua, when or if by reason or on occasion of such robbery,
any of the physical injuries penalized in subdivision | of Article 263 shall
have been inflicted,

3. The penalty of reclusion temporal, when by reason or on
Occasion of the robbery, any of the physical injuries penalized in
Subdivision 2 of the article mentioned in the next preceding paragraph,
shall have been inflicted.

4. The penalty of prision mayor in its maximum period to
reolusion temporal in its medium period, if the violence or intimidation
employed in the commission of the robbery shall have been carried to a
degree clearly unnecessary for the commission of the crime, or when in
the course of its execution, the offender shall have inflicted upon any
person not responsible for its commission any of the physical injuries
covered by subdivisions 3 and 4 of said Article 263.

5. The penalty of prision correccional in its maximum period to
prision mayor in its medium period in other cases.”

SEC. 13. Article 320 of the Revised Penal Code, as amended, is hereby further
amended to read as follows:

“ART. 320. Destructive Arson. — The penalty of reclusion
perpetua TO DEATH shall be imposed upon any person who shall bum:

1. One (1) or more buildings or edifices, consequent to one
single act of burning, or as a result of simultaneous burnings, committed
on several or different occasions.

2. Any building of public or private ownership, devoted to the
public in general or where people usually gather or congregate for a
definite purpose such as, but not limited to, official governmental function
or business, private transaction, commerce, trade, workshop, meetings
and conferences, or merely incidental to a definite purpose such as but
not limited to hotels, motels, transient dwellings, public conveyances or


stops or terminals, regardless of whether the offender had knowledge that
there are persons in said building or edifice at the time it is set on fire and
regardless also of whether the building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane,
devoted to transportation or conveyance, or for public use, entertainment
or leisure

4 Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of public utilities.

5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of law, or for the
Purpose of concealing bankruptcy or defrauding creditors or to collect from
insurance.

Irrespective of the application of the above enumerated qualifying
circumstances, the penalty of reclusion perpetua TO DEATH shall likewise
be imposed when the arson is perpetrated or committed by two (2) or
more persons or by a group of persons, regardless of whether their
purpose is merely to burn or destroy the building or the burning merely
constitutes an overt act in the commission or another violation of law.

The penalty of reclusion perpetua TO DEATH shall also be imposed
upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or
fireworks factory, ordnance, storehouse, archives or general museum of
the Government.

2. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.

If as a consequence of the commission of any of the acts penalized
under this Article, death results, the mandatory penalty of [reclusion
perpetual] DEATH shall be imposed.”

SEC. 14. Section 2 of Republic Act No. 7080, as amended, entitled “An Act
Defining and Penalizing the Crime of Plunder,” is further amended to read as follows:

“SEC. 2. Definition of the Crime of Plunder; Penalties. — Any
Public officer who, by himself or in connivance with members of his family,


relatives by affinity or consanguinity, business associates, subordinates or
other persons, amasses, accumulates or acquires ill-gotten wealth through
a combination or series of overt criminal acts as described in Section 1 (d)
hereof in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be
punished by reclusion perpetua TO DEATH. Any person who participated
with the said public officer in the commission of an offense contributing to
the crime of plunder shall likewise be punished for such offense. In the
imposition of penalties, the degree of participation and the attendance of
mitigating and extenuating circumstances, as provided by the Revised
Penal Code, shall be considered by the court. The court shall declare any
and all ill-gotten wealth and their interests and other incomes and assets
including the properties and shares of stocks derived from the deposit or
investment thereof forfeited in favor of the State.”

SEC. 15. Sections 4, 5 and 6 of Republic Act No. 9165, as

amended, otherwise known as the “Comprehensive Dangerous Drugs Act of
2002,” are hereby amended to read as follows:

"SEC. 4, Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. —~ The penalty of life
imprisonment TO DEATH and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall import or
bring into the Philippines any dangerous drug, regardless of the quantity
and purity involved, including any and all species of opium poppy or any
part thereof or substances derived therefrom even for floral, decorative
and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized
by law, shall import any controlled precursor and essential chemical

The maximum penalty provided for under this Section shall be
imposed upon any person, who, unless authorized under this Act, shall
import or bring into the Philippines any dangerous drug and/or controlled


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precursor and essential chemical through the use of a diplomatic passport,
diplomatic facilities or any other means involving his/her official status
intended to facilitate the unlawful entry of the same. In addition, the
diplomatic passport shalll be confiscated and canceled

The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a
“financier” of any of the __ illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a “protector/coddler” of any
violator of the provisions under this Section.

SEC. 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of life
imprisonment TO DEATH and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall
sell, trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any dangerous drug, including any and all
species of opium poppy regardless of the quantity and purity involved,

or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized
by law, shall sell, trade, administer, dispense, deliver, give away to
another, distribute, dispatch in transit or transport any controlled precursor
and essential chemical, or shall act as a broker in such _ transactions.

If the sale, trading, administration, dispensation, delivery,
distribution or transportation of any dangerous drug and/or controlled
precursor and essential chemical transpires within one hundred (100)


meters from the school, the maximum penalty shall be imposed in every
case.

For drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers, or in any other capacity
directly connected to the dangerous drugs and/or controlled precursors
and essential chemical trade, the maximum penalty shall be imposed in
every case.

If the victim of the offense is a minor or a mentally incapacitated
individual, or should a dangerous drug and/or a controlled precursor
and essential chemical involved in any offense herein provided be the
proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
“financier” of any of the _ illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a “protector/coddler” of any
violator of the provisions under this Section

SEC.6. Maintenance of a Den, Dive or Resort. ~ The
penalty of life imprisonment TO DEATH and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons
who shall maintain a den, dive or resort where any dangerous drug is
used or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or group of persons who
shall maintain a den, dive, or resort where any controlled precursor and
essential chemical is used or sold in any form.


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The maximum penalty provided for under this Section shall be
imposed in every case where any dangerous drug is administered,
delivered or sold to a minor who is allowed to use the same in such a
place.

Should any dangerous drug be the proximate cause of the death of
aperson —_using the same in such den, dive or resort, the penalty of
[reclusion perpetua] DEATH and a fine ranging from One million
(P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall be
imposed on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same
shall be confiscated and escheated in favor of the government: Provided,
That the criminal complaint shall specifically allege that such place is
intentionally used in the furtherance of the crime: Provided, further, That
the prosecution shall prove such intent on the part of the owner to use the
property for such purpose: Provided, finally, That the owner shall be
included as an accused in the criminal complaint

The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
“financier” of any of the _ illegal activities prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years
of imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a ‘protector/coddler’ of any
violator of the provisions under this Section.”

SEC. 16. Section 8 of Republic Act No. 9165, as amended, is hereby amended to

read as follows:

“SEC. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penaly of life
imprisonment TO DEATH and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall engage in
the manufacture of any dangerous drug.


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The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized
by law, shall manufacture any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or
laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug. It shall be considered an aggravating

circumstance if the clandestine laboratory is undertaken or
established under the —_ following circumstances:

(a) Any phase of the manufacturing process was conducted in
the presence or with the help of minor/s;

(vb) Any phase or manufacturing process was established or
undertaken within one hundred (100) meters of a residential, business,
church or school premises;

(c) Any clandestine laboratory was secured or protected with
booby traps;

(d) Any clandestine laboratory was concealed with legitimate
business operations; or

(e) Any employment of a practitioner, chemical engineer, public
official or foreigner.

The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a
‘financier’ of any of the _ illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a “protector/coddler” of any
violator of the provisions under this Section.”

SEC. 17. Section 11 of Republic Act No. 9165, as amended, is hereby amended to

read as follows;


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“SEC. 11. Possession of Dangerous Drugs. - The penalty of life
imprisonment TO DEATH and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess
any dangerous drug in the following quantities, regardless of the
degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(8) 50 grams or more of methamphetamine hydrochloride or
“shabu’;

(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not
limited to, methylenedioxymethamphetamine (MDMA) or ‘ecstasy’,
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB),
and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93, Article XI of this
Act.

Otherwise, if the quantity involved is less than the foregoing
quantities, the penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantity of methamphetamine hydrochloride or
“shabu’ is ten (10) grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the


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quantities of dangerous drugs are five (5) grams or more but less than ten
(10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
“shabu,” or other dangerous drugs such as, but not limited to, MDMA or
“ecstasy,” PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond therapeutic requirements;
or three hundred (300) grams or more but less than five (hundred) 500)
grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if the
quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or “shabu,” or other
dangerous drugs such as, but not limited to, MDMA or “ecstasy,” PMA,
TMA, LSD, GHB, and those similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or less than
three hundred (300) grams of marijuana.”

SEC. 18. Section 16 of Republic Act No. 9165, as amended, is hereby amended

to read as follows:

“SEC. 16. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof. - The penalty of life
imprisonment TO DEATH and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who shall plant, cultivate or culture marijuana,
opium poppy or any other plant regardless of quantity, which is or may
hereafter be classified as a dangerous drug or as a source from which any
dangerous drug may be manufactured or derived: Provided, That in the
case of medical laboratories and medical research centers which cultivate
or culture marijuana, opium poppy and other plants, or materials of such
dangerous drugs for medical experiments and research purposes, or for
the creation of new types of medicine, the Board shall prescribe the

16


necessary implementing guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such plants and materials.

The land or portions thereof and/or greenhouses on which any of
said plants is cultivated or cultured shall be confiscated and escheated in
favor of the State, unless the owner thereof can prove lack of knowledge
of such cultivation or culture despite the exercise of due diligence on
his/her part. If the land involved is part of the public domain, the
maximum penalty provided for under this Section shall be imposed upon
the offender.

The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a “protector/coddler’ of any
violator of the provisions under this Section.”

SEC. 19. Section 19 of Republic Act No. 9165, as amended, is hereby amended to

read as follows:

“SEC. 19. Unlawful Prescription of Dangerous Drugs. - The
penalty of _ life imprisonment TO DEATH and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall make or issue a prescription or any other writing
purporting to be a prescription for any dangerous drug.”

SEC. 20. Section 27 of Republic Act No. 9165, as amended, is hereby amended to

read as follows:

“SEC. 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment
Including the Proceeds or Properties Obtained from the Unlawful Act


Committed. — The penalty of life imprisonment TO DEATH and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00), in addition to absolute perpetual disqualification
from any public office, shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the
proceeds or properties obtained from the unlawful acts as provided for in
this Act.

Any elective local or national official found to have benefited from
the proceeds of the trafficking of dangerous drugs as prescribed in this
Act, or have received any financial or material contributions or donations
from natural or _juridical persons found guilty of trafficking dangerous
drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in
the government, its divisions, subdivisions, and _intermediaries,
including government-owned or controlled corporations.”

SEC. 21. Section 29 of Republic Act No. 9165, as amended, is hereby amended to

read as follows:

“SEC. 29. Criminal Liability for Planting of Evidence. - Any
person who is found guilty of “planting” any dangerous drug andjor
controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of [reclusion perpetua] DEATH."

SEC. 22. Section 14 of Republic Act No. 6539, as amended, otherwise known as

the “Anti-Carnapping Act of 1972,”is hereby amended to read as follows:

“SEC. 14. Penalty for Carnapping. — Any person who is found
guilty of carnapping, as this term is defined in Section Two of this Act,
shall, irrespective of the value of motor vehicle taken, be punished by
imprisonment for not less than fourteen years and eight months and not
more than seventeen years and four months, when the carnapping is
committed without violence or intimidation of persons, or force upon
things; and by imprisonment for not less than seventeen years and four


Aun

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8

months and not more than thirty years, when the carnapping is committed
by means of violence against or intimidation of any person, or force upon
things; and the penalty of reclusion perpetua TO DEATH shall be imposed
when the owner, driver or occupant of the carnapped motor vehicle is
killed or raped in the course of the commission of the carnapping or on the
occasion thereof.”

SEC. 23. Article 47 of the Revised Penal Code, as amended, is hereby amended to

read as follows:

“ART. 47. In what cases the death penalty shall not be imposed;
Automatic Review of Death Penalty Cases. - The death penalty shall
be imposed in all cases in which it must be imposed under existing laws,
except when the guilty person is below eighteen (18) years of age at the
time of the commission of the crime or is more than seventy (70) years of
age or when upon appeal or automatic review of the case by the Supreme
Court, the required majority vote is not obtained for the imposition of the
death penalty, in which cases the penalty shall be reciusion perpetua.

In all cases where the death penalty is imposed by the trial court,
the records shall be forwarded to the Supreme Court for automatic review
and judgment by the Court en banc, within twenty (20) days but not earlier
than fifteen (15) days after promulgation of the judgment or notice of
denial of any motion for new trial or reconsideration. The transcript shall
also be forwarded within ten (10) days from the filing thereof by the
stenographic reporter.”

SEC. 24. Article 81 of the Revised Penal Code, as amended, is hereby further

amended to read as follows:

“ART. 81. When and how the death penalty is to be executed. -
The death sentence shall be executed with preference to any other
penalty and shall consist in putting the person under the sentence to death
by [electrocution] ANY OF THE FOLLOWING METHODS:

A) HANGING;

B) FIRING SQUAD; OR

C) LETHAL INJECTION.


eI aur Ne

The death sentence shall be executed under the authority of the
Director of [Prisons] CORRECTIONS [, endeavoring so far as possible to
mitigate the sufferings of the person under the sentence during the lethal
injection as well as during the proceedings prior to the execution]. WHO
SHALL TAKE STEPS TO ENSURE THAT THE HANGING, FIRING
SQUAD OR LETHAL INJECTION TO BE ADMINISTERED IS
SUFFICIENT TO CAUSE THE INSTANTANEOUS DEATH OF THE
CONVICT.

[If the person under sentence so desires, he shall be anaesthetized
at the moment of the electrocution.]

PURSUANT TO THIS, ALL PERSONNEL INVOLVED IN THE
HANGING, FIRING SQUAD AND IN THE ADMINISTRATION OF THE
LETHAL INJECTION SHALL BE TRAINED PRIOR TO THE
PERFORMANCE OF SUCH TASK.

THE AUTHORIZED PHYSICIAN OF THE BUREAU OF
CORRECTIONS, AFTER THOROUGH EXAMINATION, SHALL
OFFICIALLY MAKE A PRONOUNCEMENT OF THE CONVICT’S DEATH
AND SHALL CERTIFY THERETO IN THE RECORDS OF THE BUREAU
OF CORRECTIONS.

THE DEATH SENTENCE SHALL BE CARRIED OUT NOT
EARLIER THAN ONE (1) YEAR NOR LATER THAN EIGHTEEN (18)
MONTHS AFTER THE JUDGMENT HAS BECOME FINAL AND
EXECUTORY WITHOUT PREJUDICE TO THE EXERCISE BY THE
PRESIDENT OF HIS EXECUTIVE CLEMENCY POWERS AT ALL
TIMES.”

SEC. 25. Implementing Rules and Regulations. — Within thirty (30) days from the
approval of this Act, the Secretary of Justice shall promulgate the necessary rules and
regulations for the effective implementation of this Act.

SEC. 26. Separability Clause. - If any provision or part of this Act is declared
20


invalid or unconstitutional, the remaining parts or provisions not affected shall remain in full
2° force and effect.

3 SEC. 27. Repealing Clause. - Republic Act No. 9346, entitled “An Act Prohibiting
4 the Imposition of the Death Penalty in the Philippines” is hereby repealed. All other laws,
5 rules, regulations, orders, circulars, and other issuances or parts thereof, which are
6 inconsistent with the provisions of this Act are hereby repealed, amended or modified
7 accordingly.

8 SEC. 28. Effectivity. - This Act shall take effect fifteen (15) days after its

9 publication in the Official Gazette or in a newspaper of general circulation.

10 Approved,

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