FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S. No. 2383 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
EXPLANATORY NOTE 
The removal of the death penalty in our law books in 2006 was warmly 
welcomed by several sectors of our society, including other countries and 
international organizations. 
However, it was also greeted with jubilation by 
criminal syndicates and hardened criminals. 
Recent events would prove the fear of the silent majority of our SOCiety to 
be true, that is, the repeal of the death penalty sets us back on our peace and 
order efforts and that it emboldens criminals to wantonly disregard the rule of law 
and the dignity of human life. 
In May of 2008, the country has become witness to the gruesome and 
bloody killings of 10 officials and employees of the Rizal Commercial Banking 
Corporation (RCBC) Branch in Cabuyao, Laguna. This dastardly act which was 
executed by the perpetrators of this heinous crime was done on May 16, 2008 in 
broad daylight and just before the bank opened for its customers. Others even 
described the killings as the "work of the devil." 
A few days after this horrible incident, another indiscriminate killing of two 
families of farmers in Calamba, Laguna happened. The list goes on and on and 
the families of these innocent victims cry out for proportionate justice. 
But 
without the death penalty for these heinous crimes, justice would always become 
elusive for the families of these victims. 
On November 23, 2009, ·a combined group of police and para-military 
aides of the Ampatuan political clan had massacred more than 50 unarmed 
civilians of which 30 were journalists. It is ironic that the witnesses felt more 
threatened and feared for their lives more than the suspects who hope to one 
day go free. 
Meanwhile, the Philippines continues to be known as a transshipment 
point of illegal drugs as proven by the 1.9 tons of high-grade cocaine off-loaded 
by a foreign vessel along the coast of Samar in December 2009. Reports say the 
cocaine came from South America . 
• 
In an island barangay in Zamboanga City, five fishermen were shot and 
stabbed dead by pirates August 6, 2010. Reports said pirates frequently killed 
fishermen to steal the vessels' engines in the Sibugay area. 


Likewise in Puerto Princesa City on August 9, 2010, assailants stabbed 
dead a retired Lieutenant Commodore of the Philippine Navy and four relatives 
including his wife, a Navy nurse in active duty. 
The reimposition of the death penalty will make these criminal syndicates 
and hardened criminals think twice before they perpetrate their heinous crimes. 
It is in this light that this bill is being introduced. 
Unlike RA 7659, the law 
imposing the death penalty on certain heinous crimes which was repealed by RA 
9346, the proposed measure seeks to reimpose the death penalty only for 
multiple murders and certain atrocious criminal acts under RA 9165 or the 
Comprehensive Dangerous Drugs Act of 2002. 
Hence, approval of this bifl is earnestly sought. 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S. No. 2383 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
AN ACT 
REIMPOSING THE PENAL TV OF DEATH ON CERTAIN HEINOUS CRIMES, 
AMENDING FOR THE PURPOSE CERTAIN SECTIONS OF THE REVISED PENAL 
CODE, AS AMENDED, AND OTHER RELATED LAWS, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
Section. 1. Declaration of Policy. - It is hereby declared the policy of the State to foster 
2 
and ensure not only obedience to its authority, but also to adopt such measures as 
, 
3 
would effectively promote the maintenance of peace and order, the protection of life, 
4 
liberty and property, and the promotion of the general welfare which are essential for the 
5 
enjoyment by all the people of the blessings of democracy in a just and humane society; 
6 
Sec. 2. Article 248 of the Revised Penal Code is hereby amended to read as follows: 
7 
8 
"Art. 248. Murder. - Any person who, not falling within the provisions of Article 
9 
246 shall kill another, shall be guilty of murder and shall be punished by reclusion 
10 
perpetua, TO DEATH if committed with any of the following attendant 
11 
circumstances: 
12 
13 
"1. With treachery, taking advantage of superior strength, with the aid of armed 
14 
men, or employing means to weaken the defense or of means or persons to 
15 
insure or afford impunity. 
16 
17 
"2. In consideration of a price, reward or promise. 
18 
19 
"3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a 
20 
vessel, derailment or assault upon a railroad, fall of an airship, or by means of 


1 
motor vehicles, or with the use of any other means involving great waste and 
2 
ruin. 
3 
4 
"4. On occasion of any of the calamities enumerated in the preceding 
5 
paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, 
6 
epidemic or other public calamity. 
7 
8 
"5. With evident premeditation. 
9 
10 
"6. With cruelty, by deliberately and inhumanly augmenting the suffering of the 
11 
victim, or outraging or scoffing at his person or corpse." 
12 
13 
Sec. 3. Sections 4, 5, 6, 8, 11, 16, 19 and 27 of Article II of Republic Act No. 9165, as 
14 
amended, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, are 
15 
hereby amended to read as follows: 
16 
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors 
17 
and Essential Chemicals.- .The penalty of life imprisonment TO DEATH and a 
18 
fine ranging from Five hundred thousand pesos (P500,OOO.OO) to Ten million 
19 
pesos (P10,OOO,OOO.00) shall be imposed upon any person, who, unless 
20 
authorized by law, shall import or bring into the Philippines any dangerous drug, 
21 
regardless of the quantity and purity involved, including any and all species of 
22 
opium poppy or any part thereof or substances derived therefrom even for floral, 
23 
decorative and culinary purposes. 
24 
The penalty of imprisonment ranging from twelve (12) years and one (1) 
25 
day to twenty (20) years and a fine ranging from One hundred thousand pesos 
26 
(P1 00,000.00) to Five hundred thousand pesos (P500,OOO.00) shall be imposed 
27 
upon any person, who, unless authorized by law, shall import any controlled 
28 
precursor and essential chemical. 
29 
The maximum penalty provided for under this Section shall be imposed 
30 
upon any person, who, unless authorized under this Act, shall import or bring into 
31 
the Philippines any dangerous drug and/or controlled precursor and essential 
32 
chemical through the use of a diplomatic passport, diplomatic facilities or any 
33 
other means involving his/her official status intended to facilitate the unlawful 
34 
entry of the same. In addition, the diplomatic passport shall be confiscated and 
35 
canceled. 
2 


1 
The maximum penalty.provided for under this Section shall be imposed 
2 
upon any person, who organizes, manages or acts as a "financier" of any of the 
3 
illegal activities prescribed in this Section. 
4 
The penalty of twelve (12) years and one (1) day to twenty (20) years of 
5 
imprisonment and a fine ranging from One hundred thousand pesos 
6 
(P1 00,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed 
7 
upon any person, who acts as a "protector/coddler" of any violator of the 
8 
provisions under this Section. 
9 
Section 
5. 
Sale, 
Trading, 
Administration, 
Dispensation, 
Delivery, 
10 
Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors 
11 
and Essential Chemicals. - The penalty of life imprisonment TO DEATH and a 
12 
fine ranging from Five hundred thousand pesos (P500,OOO.00) to Ten million 
13 
pesos (P10,000,OOO.00) shall be imposed upon any person, who, unless 
14 
authorized by law, shall sell, trade, administer, dispense, deliver, give away to 
15 
. another, distribute dispatch in transit or transport any dangerous drug, including 
16 
any and all species of opium poppy regardless of the quantity and purity 
17 
involved, or shall act as a broker in any of such transactions. 
18 
The penalty of imprisonment ranging from twelve (12) years and one (1) 
19 
day to twenty (20) years and a fine ranging from One hundred thousand pesos 
20 
(P1 00,000.00) to Five hundred thousand pesos (P500,OOO.00) shall be imposed 
21 
upon any person, who, unless authorized by law, shall sell, trade, administer, 
22 
dispense, deliver, give away to another, distribute, dispatch in transit or transport 
23 
any controlled precursor and essential chemical, or shall act as a broker in such 
24 
transactions. 
25 
If the sale, trading, administration, dispensation, delivery, distribution or 
26 
transportation of any dangerous drug and/or controlled precursor and essential 
27 
chemical transpires within one hundred (100) meters from the school, the 
28 
maximum penalty shall be imposed in every case. 
29 
For drug pushers who use minors or mentally incapacitated individuals as 
30 
runners, couriers and messengers, or in any other capacity directly connected to 
31 
the dangerous drugs and/or controlled precursors and essential chemical trade, 
32 
the maximum penalty shall be imposed in every case. 
33 
If the victim of the offense is a minor or a mentally incapacitated individual, 
34 
or should a dangerous drug and/or a controlled precursor and essential chemical 
3 


1 
involved in any offense herei~ provided be the proximate cause of death of a 
2 
victim thereof, the maximum penalty provided for under this Section shall be 
3 
imposed. 
4 
The maximum penalty provided for under this Section shall be imposed 
5 
upon any person who organizes, manages or acts as a "financier" of any of the 
6 
illegal activities prescribed in this Section. 
7 
The penalty of twelve (12) years and one (1) day to twenty (20) years of 
8 
imprisonment and 
a fine ranging from One hundred thousand pesos 
9 
(Pi 00,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed 
10 
upon any person, who acts as a "protector/coddler" of any violator of the 
11 
provisions under this Section .• 
12 
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life 
13 
imprisonment TO DEATH and a fine ranging from Five hundred thousand pesos 
14 
(P500,OOO.OO) to Ten million pesos (Pi0,OOO,OOO.OO) shall be imposed upon any 
15 
person or group of persons who shall maintain a den, dive or resort where any 
16 
dangerous drug is used or sold in any form. 
17 
The penalty of imprisonment ranging from twelve (12) years and one (1) 
18 
day to twenty (20) years and a fine ranging from One hundred thousand pesos 
19 
(P100,000.OO) to Five hundred thousand pesos (P500,000.00) shall be imposed 
20 
upon any person or group of persons who shall maintain a den, dive, or resort 
21 
where any controlled precursor and essential chemical is used or sold in any 
22 
form. 
23 
The maximum penalty provided for under this Section shall be imposed in 
24 
every case where any dangerous drug is administered, delivered or sold to a 
25 
minor who is allowed to use the same in such a place. 
26 
Should any dangerous drug be the proximate cause of the death of a 
27 
person using the same in such den, dive or resort, the PENALTY OF DEATH and 
28 
a fine ranging from One million (Pi ,000,000.00) to Fifteen million pesos 
29 
(P500,000.00) shall be imposed on the maintainer, owner and/or operator. 
30 
If such den, dive or resort is owned by a third person, the same shall be 
31 
confiscated and escheated in favor of the government: Provided, That the 
32 
criminal complaint shall specifically allege that such place is intentionally used in 
33 
the furtherance of the crime: p'rovided, further, That the prosecution shall prove 
4 


1 
such intent on the part of the owner to use the property for such purpose: 
2 
Provided, finally, That the owner shall be included as an accused in the criminal 
3 
complaint. 
4 
The maximum penalty provided for under this Section shall be imposed 
5 
upon any person who organizes, manages or acts as a "financier" of any of the 
6 
illegal activities prescribed in this Section. 
7 
The penalty twelve (12) years and one (1) day to twenty (20) years of 
8 
imprisonment and 
a fine ranging from One hundred thousand 
pesos 
9 
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed 
10 
upon any person, who acts as a "protector/coddler" of any violator of the 
11 
provisions under this Section. 
12 
"xxx" 
13 
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors 
14 
and Essential Chemicals. - The penalty of life imprisonment TO DEATH and a 
15 
fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos 
16 
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by 
17 
law, shall engage in the manufacture of any dangerous drug. 
18 
The penalty of imprisonment ranging from twelve (12) years and one (1) 
19 
day to twenty (20) years and a fine ranging from One hundred thousand pesos 
20 
(P100,000.00) to Five hundrea thousand pesos (P500,000.00) shall be imposed 
21 
upon any person, who, unless authorized by law, shall manufacture any 
22 
controlled precursor and essential chemical. 
23 
The presence of any controlled precursor and essential chemical or 
24 
laboratory equipment in the clandestine laboratory is a prima facie proof of 
25 
manufacture of any dangerous drug. It shall be considered an aggravating 
26 
circumstance if the clandestine laboratory is undertaken or established under the 
27 
following circumstances: 
28 
(a) Any phase of the manufacturing process was conducted in the presence or 
29 
with the help of minorIs: 
30 
(b) Any phase or manufacturing process was established or undertaken within 
31 
one hundred (100) meters of a residential, business, church or school premises; 
32 
(c) Any clandestine laboratory was secured or protected with booby traps; 
5 


I 
(d) Any clandestine laboratory was concealed with legitimate business 
2 
operations; or 
3 
(e) Any employment of a practitioner, chemical engineer, public official or 
4 
foreigner. 
5 
The maximum penalty provided for under this Section shall be imposed 
6 
upon any person, who organizes, manages or acts as a "financier" of any of the 
7 
illegal activities prescribed in tloiis Section. 
8 
The penalty of twelve (12) years and one (1) day to twenty (20) years of 
9 
imprisonment and a fine ranging from One hundred thousand pesos 
10 
(P100,OOO.OO) to Five hundred thousand pesos (P500,OOO.OO) shall be imposed 
II 
upon any person, who acts as a "protector/coddler" of any violator of the 
12 
provisions under this Section. 
13 
"xxx" 
14 
Section 11. Possession of Dangerous Drugs. - The penalty of life 
IS 
imprisonment TO DEATH and a fine ranging from Five hundred thousand pesos 
16 
(P500,OOO.OO) to Ten million pesos (P10,OOO,OOO.00) shall be imposed upon any 
17 
person, who, unless authorized by law, shall possess any dangerous drug in the 
18 
following quantities, regardless of the degree of purity thereof: 
19 
(1) 10 grams or more of opium;. 
20 
(2) 10 grams or more of morphine; 
21 
(3) 10 grams or more of heroin; 
22 
(4) 10 grams or more of cocaine or cocaine hydrochloride; 
23 
(5) 50 grams or more of methamphetamine hydrochloride or "shabu"; 
24 
(6) 1 0 grams or more of marijuana resin or marijuana resin oil; 
25 
(7) 500 grams or more of marijuana; and 
26 
(8) 1 0 grams or more of other dangerous drugs such as, but not limited to, 
27 
methylenedioxymethamphetamine 
(MDA) 
or 
"ecstasy", 
28 
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid 
29 
diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly 
6 


1 
designed or newly introduced drugs and their derivatives, without having any 
2 
therapeutic value or if the quantity possessed is far beyond therapeutic 
3 
requirements, as determined and promulgated by the Board in accordance to 
4 
Section 93, Article XI of this Act. 
5 
Otherwise, if the quantity involved is less than the foregoing quantities, the 
6 
penalties shall be graduated as follows: 
7 
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos 
8 
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of 
9 
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less 
10 
than fifty (50) grams; 
11 
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a 
12 
fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred 
13 
thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) 
14 
grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine 
15 
or 
cocaine 
hydrochloride, 
marijuana 
resin 
or 
marijuana 
resin 
Oil. 
16 
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, 
17 
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly 
. 
. 
18 
designed or newly introduced drugs and their derivatives, without having any 
19 
therapeutic value or if the quantity possessed is far beyond therapeutic 
20 
requirements; or three hundred (300) grams or more but less than five (hundred) 
21 
500) grams of marijuana; and 
22 
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a 
23 
fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred 
24 
thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than 
25 
five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, 
26 
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or 
27 
"shabu", or other dangerous. drugs such as, but not limited to, MDMA or 
28 
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly 
29 
introduced drugs and their derivatives, without having any therapeutic value or if 
30 
the quantity possessed is far beyond therapeutic requirements; or less than three 
31 
hundred (300) grams of marijuana. 
32 
"xxx" 
33 
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs 
34 
or are Sources Thereof. - The penalty of life imprisonment TO DEATH and a fine 
7 


1 
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos 
2 
(P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or 
3 
culture marijuana, opium poppy or any other plant regardless of quantity, which is 
4 
or may hereafter be classified as a dangerous drug or as a source from which 
5 
any dangerous drug may be manufactured or derived: Provided, That in the case 
6 
of medical laboratories and medical research centers which cultivate or culture 
7 
marijuana, opium poppy and other plants, or materials of such dangerous drugs 
8 
for medical experiments and research purposes, or for the creation of new types 
9 
of medicine, the Board shall prescribe the necessary implementing guidelines for 
10 
the proper cultivation, culture, handling, experimentation and disposal of such 
11 
plants and materials. 
12 
The land or portions thereof and/or greenhouses on which any of said 
13 
plants is cultivated orcultured shall be confiscated and escheated in favor of the 
14 
State, unless the owner thereof can prove lack of knowledge of such CUltivation 
15 
or culture despite the exercise of due diligence on his/her part. If the land 
16 
involved is part of the public domain, the maximum penalty provided for under 
17 
this Section shall be imposed upon the offender. 
18 
The maximum penalty provided for under this Section shall be imposed 
19 
upon any person, who organizes, manages or acts as a "financier" of any of the 
20 
illegal activities prescribed in this Section. 
21 
The penalty of twelve (12) years and one (1) day to twenty (20) years of 
22 
imprisonment and 
a fine ranging from One hundred thousand pesos 
23 
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed 
24 
upon any person, who acts as a "protector/coddler" of any violator of the 
25 
provisions under this Section. 
26 
"xxx" 
27 
Section 19. Unlawful Prescription of Dangerous Drugs. The penalty of life 
28 
imprisonment TO DEATH and a fine ranging from Five hundred thousand pesos 
29 
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any 
30 
person, who, unless authorized by law, shall make or issue a prescription or any 
31 
other writing purporting to be a prescription for any dangerous drug. 
32 
"xxx" 
8 


1 
Section 27. Criminal Liability of a Public Officer or Employee for 
2 
Misappropriation, Misapplication or Failure to Account for the Confiscated, 
3 
. Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous 
4 
Drugs, 
Controlled 
Precursors 
and 
Essential 
Chemicals, 
S 
Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds 
6 
or Properties Obtained from the Unlawful Act Committed. 
The penalty of life 
7 
imprisonment TO DEATH and a fine ranging from Five hundred thousand pesos 
8 
(P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute 
9 
perpetual disqualification from any public office, shall be imposed upon any 
10 
public officer or employee who misappropriates, misapplies or fails to account for 
11 
confiscated, seized or surrendered dangerous drugs, plant sources of dangerous 
12 
drugs, controlled precursors and essential chemicals, instruments/paraphernalia 
13 
and/or laboratory equipment including the proceeds or properties obtained from 
14 
the unlawful acts as provided for in this Act. 
1 S 
Any elective local or national official found to have benefited from the 
16 
proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have 
17 
received any financial or material contributions or donations from natural or 
18 
juridical persons found guilty of trafficking dangerous drugs as prescribed in this 
19 
Act, shall be removed from office and perpetually disqualified from holding any 
20 
elective or appointive positions in the government, its diVisions, subdivisions, and 
21 
intermediaries, including government-owned or controlled corporations. 
22 
Sec. 4. Article 47 of the same Code is hereby reinstated to read as follows: 
23 
24 
ART. 47. IN WHAT CASES THE DEATH PENALTY SHALL NOT BE 
2S 
IMPOSED; AUTOMATIC REVIEW OF THE DEATH PENALTY CASES. - THE 
26 
DEATH PENALTY SHALL BE IMPOSED IN ALL CASES IN WHICH IT MUST 
27 
BE IMPOSED UNDER EXISTING LAWS, EXCEPT WHEN THE GUILTY 
28 
PERSON IS BELOW EIGHTEEN (18) YEARS OF AGE AT THE TIME OF THE 
29 
COMMISSION OF THE CRIME OR IS MORE THAN SEVENTY YEARS OF 
30 
AGE OR WHEN UPON APPEAL OR AUTOMATIC REVIEW OF THE CASE 
31 
BY THE SUPREME COURT, THE REQUIRED MAJORITY VOTE IS NOT 
32 
OBTAINED FOR THE IMPOSITION OF THE DEATH PENALTY, IN WHICH 
33 
CASES THE PENALTY SHALL BE RECLUSION PERPETUA; SUBJECT TO 
34 
THE PROVISIONS OF REPUBLIC ACT NO. 9344 OTHERWISE KNOWN AS 
35 
THE JUVENILLE AND DELINQUENCY ACT OF 2006. 
36 
37 
IN ALL CASES WHERE THE DEATH PENALTY IS IMPOSED BY THE TRIAL 
9 


1 
COURT, THE RECORDS SHALL BE FORWARDED TO THE SUPREME 
2 
COURT FOR AUTOMATIC REVIEW AND JUDGMENT BY THE COURT EN 
3 
BANC, WITHIN TWENTY (20) DAYS BUT NOT EARLIER THAN FIFTEEN (15) 
4 
DAYS AFTER PROMULGATION OF THE JUDGMENT OR NOTICE OF 
5 
DENIAL OF ANY MOTION FOR NEW TRIAL OR RECONSIDERATION. THE 
6 
TRANSCRIPT SHALL ALSO BE FORWARDED WITHIN TEN (10) DAYS 
7 
FROM THE FILING THEREOF BY THE STENOGRAPHIC REPORTER. 
8 
9 
Sec. 5. Article 81 of the same Code, as amended, is hereby reinstated to read as 
10 
follows: 
11 
12 
ART. 81. WHEN AND HOW THE DEATH PENAL TV IS TO BE EXECUTED. -
13 
THE DEATH SENTENCE SHALL BE EXECUTED WITH PREFERENCE TO 
14 
ANY OTHER AND SHALL CONSIST IN PUTTING THE PERSON UNDER 
15 
SENTENCE TO DEATH BY LETHAL INJECTION. THE DEATH SENTENCE 
16 
SHALL BE EXECUTED UNDER THE AUTHORITY OF THE DIRECTOR OF 
17 
PRISONS, ENDEAVORING SO FAR AS POSSIBLE TO MITIGATE THE 
18 
SUFFERINGS OF THE PERSON UNDER THE SENTENCE DURING 
19 
ELECTROCUTION AS WELL AS DURING THE PROCEEDINGS PRIOR TO 
20 
THE EXECUTION. 
21 
22 
IF THE PERSON UNDER SENTENCE SO DESIRES, HE SHALL BE 
23 
ANAESTHESIZED AT THE MOMENT OF THE EXECUTION. 
24 
25 
AS SOON AS FACILITIES ARE PROVIDED BY THE BUREAU OF PRISONS, 
26 
THE METHOD OF CARRYING OUT THE SENTENCE SHALL BE CHANGED 
27 
TO GAS POISONING. 
28 
29 
THE DEATH SENTENCE SHALL BE CARRIED OUT NOT LATER THAN ONE 
30 
(1) YEAR AFTER THE JUDGMENT HAS BECOME FINAL. 
31 
32 
Sec. 6. Article 83 of the same Code is hereby reinstated to read as follows: 
33 
34 
ART. 83. SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE. -
35 
THE DEATH SENTENCE SHALL NOT BE INFLICTED UPON A WOMAN 
36 
WHILE SHE IS PREGNANT OR WITHIN ONE (1) YEAR AFTER DELIVERY, 
37 
NOR UPON ANY PERSON OVER SEVENTY YEARS OF AGE. IN THIS LAST 
38 
CASE, THE DEATH SENTENCE SHALL BE COMMUTED TO THE PENAL TV 
10 


1 
OF 
RECLUSION 
PERPETUA 
WITH 
THE 
ACCESSORY 
PENALTIES 
2 
PROVIDED IN ARTICLE 40. 
3 
"IN ALL CASES WHERE THE DEATH SENTENCE HAS BECOME FINAL, 
4 
THE RECORDS OF THE CASE SHALL BE FORWARDED IMMEDIATELY 
5 
BY THE SUPREME COURT TO THE OFFICE OF THE PRESIDENT FOR 
6 
POSSIBLE EXERCISE OF THE PARDONING POWER. 
7 
8 
Sec. 7. Repealing Clause. - All laws, presidential decrees and issuances, executive 
9 
orders, rules and regulations or parts thereof inconsistent with the provisions of this Act 
10 
are hereby repealed or modified accordingly. 
11 
Sec. 8. Separability Clause. - If, for any reason or reasons, any part of the provision of 
• 
12 
this Act shall be held unconstitutional or invalid, other parts or provisions hereof which 
13 
are not affected thereby shall continue to be in full force and effect. 
14 
Sec. 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication in two 
15 
(2) national newspapers of general circulation. The publication shall not be later than 
16 
seven (7) days after the approval hereof. 
17 
Approved, 
11