SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B.No.~08 
Intro~uced by Senator FRANCIS G. ESCUDElto 
EXPLANATORY NOTE 
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JUL 10 A9 :22 
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 to 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 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 708 
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'13 
JUL 1 G A 9 :22 
Introduced by Senator FRANCIS G. ESCU:DERO 
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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: 
1 
SECTION 1. Article 363 of Act No. 3815, as amended, otherwise known as the 
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Revised Penal Code, is hereby further amended to read as follows: 
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" ART. 363. Incriminating innocent person. - Any person who, by any act not 
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constituting perjury, shall directly incriminate or impute to an innocent person 
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the commission of a crime, shall be punished by [arresto mayor] PRISION 
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MAYOR IN ITS MINIMUM PERIOD." 
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SEC. 2. Article 364 of the same Act, is likewise hereby further amended to read 
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as follows: 
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"ART. 364. Intriguing against honor. - The penalty of [arresto menor] PRISION 
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CORRECCIONAL IN ITS MINIMUM PERIOD or fine not exceeding [200] 50,000 
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pesos shall be imposed for any intrigue which has for its principal purpose to blemish 
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the honor or reputation of a person." 
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SEC. 3. Separability Clause. If any provision of this Act is declared invalid, the 
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remainder of this Act or any provision not affected thereby shall remain in force and 
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effect. 
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SEC 4. Repealing Clause. All laws, orders, decrees, rules and regulations, and 
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other parts thereof inconsistent with the provisions of this Act are hereby repealed, 
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amended or modified accordingly. 
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SEC 5. Effectivity. This Act shall take effect fifteen (15) days following its 
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publication in the Official Gazette or at least (2) newspapers of general circulation. 
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Approved, 
1