Republic of the Phili
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

House BILLNo._ 3364

Introduced by REP. SALVADOR H. ESCUDERO III

EXPLANATORY NOTE

The Revised Penal Code lists some minor felonies, offenses and infractions which
cause little or no damage to persons, property and community, and which are often motivated
not by malice but by some psychological disorders that should be addressed with treatment,
rather that with punishment.

One good example is vagrancy, penalized under Article 202 of the Revised Penal
Code, which fails to see that vagrants are victims of poverty and the lack of opportunities for
employment and access to decent standards of living and quality of life.

Aside from vagrancy are such felonies as simple disobedience to an agent of a person
in authority, alarms and scandals, refusal of assistance, refusal to discharge elective office,
abandonment of minor by a person entrusted with his custody and care and indifference of
parents and premature marriages.

In the case of crimes of anticipation of duties of a public office, reckless imprudence
and negligence respecting damage only to property, the applicable penalties are fines,
indemnification, restitution, compensation and community service, rather than deprivation of
liberty.

This bill seeks to decriminalize the above offenses in order to decongest the load of
the justice system, which prioritizes the rehabilitation of the offender and acknowledges the
value of every human life.

In view of the foregoing, early passage of this bill is earnestly requested.

hE tho 07
SALVADOR H. ESCUDERO III

Representative
1* District, Sorsogon



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

House BLL No.__ 3364

Introduced by REP. SALVADOR H. ESCUDERO III

AN ACT
TO IMPROVE THE ADMINISTRATION OF JUSTICE BY DECRIMINALIZING
AND PROVIDING FOR THE IMPOSITION OF ALTERNATIVE PENALTIES
SHORT OF DEPRIVATION OF LIBERTY FOR CERTAIN OFFENSES

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

SECTION 1. Declaration of Policy. — It is hereby declared the policy of the State to
provide for a more humane, realistic and responsive mode of dealing wit al offenders.
This objective shall be attained, among others, by decriminalizing or declaring as lawful
certain offenses.

SEC. 2. Offenses Decriminalized — The following offenses are hereby
decriminalized:

a) Simple disobedience to an agent of a person in authority as defined in Article 151
of the Revised Penal Code;

b) Alarms and scandals as defined in Article 155 of the Revised Penal Code except
those committed inside public buildings, churches and schools on occasions when
there are assemblies or official functions taking place;

¢) Vagrancy as defined in Article 202 of the Revised Penal Code: Provided, that
prostitution as defined by the same Article shall continue to be punishable;

d) Refusal of assistance as defined in Article 233 of the Revised Penal Code;

) Refusal of discharge elective office as defined in Article 234 of the Revised Penal
Code:

f) Premature marriages as defined in Article 351 of the Revised Penal Code: and

g) All offenses similar to the foregoing which are penalized by special laws or
ordinances.


SEC. 3. Offenses with Substituted Penalties. — In lieu of the existing penalties
involving deprivation if liberty for anticipation of duties of a public office as defined in
Article 365 resulting only in damage to property, respectively of the Revised Penal Code, the
following sanction shall be imposed either alternatively or cumulatively in the discretion of
the Court:

a) Fine

b) Indemnification

c) Restitution

4) Compensation

e) Community service for not more than thirty (30) days

SEC. 4. Transitory Provisions. — All cases pending before the courts and the
prosecutors’ offices involving offenses decriminalized herein shall be ipso facto dismissed or
terminated, All convicts serving sentence herein shall be released immediately.

SEC. 5. Separability Clause. ~ If any section or provision of this Act shall be declared
unconstitutional or invalid, the other sections or provisions not affected thereby shall remain
in full force and effect.

SEC. 6. Repealing Clause. — All laws, decrees, orders, rules and regulations and other
issuances inconsistent with the provisions of this Act are deemed modified, revoked or
repealed accordingly.

SEC. 7. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
two (2) leading newspapers of national circulation,

Approved,