FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
News and reports on escape of prisoners of late have casted doubt on the ability of law 
enforcement agencies and penal institutions to effectively undertake custody of inmates 
and convicts. 
While a number of factors can be singled out if only to explain such despicable and 
unfortunate trend, most notable of which perhaps, would be corruption, exacerbated by 
incompetence, it is recognized that a weak penal justice system is to he blamed for the 
same. 
As it is now, our penal laws do not provide for stricter measures to deter widespread 
prevalence of infidelity cases in the custody of prisoners. For this reason, corrupt and 
incompetent public officials have no qualms about discharging their functions well and in 
fact even abuse the mandate given to them. 
This proposed bill aims to amend existing appropriate laws in order to provide for 
effective deterrence measures, particularly prescribing stricter penalties on the crime of 
delivering prisoners from jail and infidelity in the custody of prisoners, as provided for in 
pertinent provisions of the Revised Penal Code. 
While this may not totally address such concern, the proposed measure will nonetheless 
be a critical factor in resolving this predicament. 


FOURTEENTH CONGRESS OF THE 
) 
7 
JuL -3 
REPUBLIC OF THE PHILIPPINES 
) 
.'B 
"._ ' 
First Regular Session 
1 
\~ECEIVED W : -  
SENATE 
S.No. 
728 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT PRESCRIBING STRICTER PENALTIES ON THE CRIME OF 
DELIVERING PRISONERS FROM JAIL AND INFIDELITY I N  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, AND FOR OTHER PURPOSES 
Be it enacted bji the Senate und House of Representatives of the Philippines in 
Congyess assembled: 
SECTION 1. Article 156, Chapter Five, Title 3, Book Two of Republic Act No 
381 5, as amended, otherwise known as the Revised Penal Code, is hereby amended to 
read as follows: 
"ART. 156. Delivering prisoners from jail. - The peiialty 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 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 Revised 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 PWSON 
OR DETENTION WITHOUT ANY PROPER COURT ORDER OR 
AUTHORIZATION shall be punished: 


1. By prision [correctional] 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. 
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 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 of the escaping prisoner, said 
officer shall suffer the penalties of [arresto mayor in its maximum period to 
prision correctional in its minimum period] PRISION CORRECTIONAL 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 I N  ITS MAXIMUM PERIOD, WHICHEVER IS HIGHER and 
temporary [special] ABSOLUTE disqualification. 
FOR PURPOSES OF THIS ARTICLE, THE PUBLIC OFFICER 
CHARGED WITH THE CUSTODY OR CONVEYANCE OF THE 
CONVICT OR DETENTION PRISONER IS PRIMA FACIE PRESUMED 
TO HAVE CONSENTED OR CONNIVED TO THE EVASION. 
SEC. 4. All laws, presidential decrees, executive orders, issuances, and rules and 
regulations, and part thereof, which are inconsistent with the provisions of this Act, are 
hereby repealed or modified accordingly. 
SEC. 5. This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) national newspapers of general circulation. 
Approved,