SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
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SENATE 
Senate Bill No. 
1222 
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Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
The evasion of service of sentence on the occasion of disorder, 
conflagration, earthquakes, or other calamities under Article 158, 
succinctly provides, that: 
"A convict who shall evade the services of his sentence, by leaving 
the penal institution where he shall have been confined, on the occasion, 
or similar catastrophe, or during a mutiny in which he has not 
participated, shall suffer an increase of one-fifth of the time still 
remaining to be served under the original sentence, which in no case 
shan exceed six months, if he shall fail to give himself up to the 
authorities within forty-eight hours following the issuance of a 
proclamation by the Chief Executive announcing the passing away of 
such calamity. 
Convicts who, under the circumstances mentioned period of 48 
hours, shan be entitled to the deduction provided in article 98. (Article 
158, Revised Penal Code.)" 
Article 98 referred to under Article 158 for special time allowance 
for loyalty states that: 
"A deduction of one-fifth of the period of his sentence shall be 
granted to any prisoner who, having evaded the service of his sentence 
under the circumstances mentioned in article 158 of this Code, gives 
himself up to the authorities within 48 hours following the issuance of a 
proclamation announcing the passing away of the calamity or 
catastrophe referred to in said article. (Article 98, Revised Penal Code.)" 
The spirit of the aforesaid well-meaning provisions recognizes 
instances when prisoners are forced to leave their detention cells in order 
to save themselves. Those who have evaded their sentence presumably to 
avoid harm are encouraged to surrender after the lapse or passing away 
of the calamity enumerated under Article 158. In exchange of such 
surrender, they are credited with a deduction of their sentence. The law, 
however, fails to address the situation wherein prisoners chose to stay 
inside their detention cens or place of their confinement even when a 
calamity or catastrophe is occurring. 


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The same special time allowance should be given to those 
prisoners, who, despite have all chances to escape chose instead to 
remain in their prison cells, The have displayed convincingly their loyalty 
than those who escaped and later on gave themselves up. If those 
prisoners under Article 158 given special time allowance, with more 
reason that those opted or chose to stay within the premises of their 
place of confinement be afforded special time allowance for loyalty. 
Thus, the passage of this measure is earnestly sought. 
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JOSEPH VICTOR G. EJERCITO 


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SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
I 
) 
SENATE 
1222 
Senate Bill No. _____ _ 
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AUG -6 P 1\ :54 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT AMENDING ARTICLE 98 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Article 98 of Act No. 3815, as amended, otherwise 
known as the Revised Penal Code, is hereby further amended to read as 
follows: 
"ART. 98. Special time allowance for loyalty. - A deduction of one-
fifth of the period of his sentence shall be granted to any prisoner who, 
having evaded the service of his sentence under the circumstances 
mentioned in article 158 of this Code, gives himself up to the authorities 
within 48 hours following the issuance of a proClamation announcing the 
passing away of the calamity or catastrophe referred to in said 
article. A DEDUCTION OF TWO-FIFTHS OF THE PERIOD OF HIS 
SENTENCE SHALL BE GRANTED IN CASE SAID PRISONER CHOSE 
TO STAY IN THE PLACE OF HIS CONFINEMENT NOTWITHSTANDING 
THE EXISTENCE OF A CALAMITY OR CATASTROPHE ENUMERATED 
IN ARTICLE 158 OF THIS CODE." 
SECTION 2. Repealing Clause. - Any law, presidential decree or 
issuance, executive order, letter of instruction, administrative order, rule 
or regulation contrary to or inconsistent with the provisions of this Act is 
hereby repealed, modified or amended accordingly. 
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) 
days after its publication in the Official Gazette or at least two (2) 
newspapers of general circulation. 
Approved,