THIRTEENTH CONGRESS OF THE 
Rrst Regular Session 
REPUBLIC OF THE PHILIPPINES 
'04 ;.y 3[) 30 :05 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
On July 13, 2003, Fathur Rohman al-Ghozi, a convicted Indonesian bomber and 
the most senior Jemaah Islamiyah operative in Southeast Asia, and two other local 
terrorists namely, Abdulmukin Edris and Mehran Abante were reported to have escaped 
from the PNP Intelligence detention cell in Camp Crame. Due to the absence of proof of 
violence and force exerted, the manner as to how these fugitives escaped points to the 
possibilities of complicity or sheer stupidity by some PNF officials. The escape of the 
said terrorists was only publicly reported after a lapse of several hours fueling 
speculations that the escape was made for a consideration. This suspicion was supported 
by Radio Mindanao Network who received reports that A1 Ghozi is now in Indonesia and 
that a sum of P 10 Million was given as bribe to high PNP officials in exchange for the 
said terrorists' release. 
This bill intends to amend Articles 223 and 224 of the Revised Penal Code to 
provide stiffer penalties to violation of infidelity in the custody of prisoners both with 
respect to connivance with or consent to evasion and evasion through the negligence of 
officers charged with the duty prisoners' custody. It seeks to increase the penalty of 
connivance with or consenting to evasion in cases where the escape was made for money 
or other consideration fromprision correctional in its medium and maximum periods and 
temporary special disqualification in its maximum period to perpetual disqualification, 
which is now prescribed by the existing law, to prision mayor in its medium and 
maximum periods and perpetual disqualification. This is the case where the prisoner 
shall have been convicted by final judgment. In cases of detention prisoners or prisoners 
which have not been finally convicted of final judgment, the penalty is increased from 
prision coreccional in its minimum period and temporary special disqualification to 
prision mayor in its minimum periods and perpetual disqualification. 
n 
The immediate passage of this bill is earnestly called for. 
MANU~L 
IS. v 


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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
I 
SENATE 
s. No. 
~ 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
AN ACT AMENDING ARTICLES 223 AND 224 OF THE REVISED PENAL 
CODE PRESCRIBING STIFFER PENALTIES TO THE CRIME OF 
INFIDELITY IN THE CUSTODY OF PRISONERS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Article 223 of 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 prisoner in his custody or charge, shall be 
punished: 
1. By prision coreccional in its medium and maximum periods and 
temporary special disqualification in its maximum period to perpetual 
disqualification, if the fugitive shall have been sentenced by final judgment to any 
penalty. PROVIDED THAT IF THE ESCAPE WAS MADE FOR MONEY OR 
OTHER CONSIDERATION, THE PENALTY SHALL BE PRISION MAYOR 
IN ITS MEDIUM AND MAXIMUM PERIODS AND PERPETUAL 
DISQUALIFICATION. 
2. By prision coreccional in its minimum period and temporary special 
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. PROVIDED THAT IF THE ESCAPE WAS MADE FOR MONEY 
OR OTHER CONSIDERATION, THE PENALTY SHALL BE PRISION 
MAYOR 
IN 
ITS 
MINIMUM 
PERIODS 
AND 
PERPETUAL 
DISQUALIFICATION. 
SEC. 2. Article 224 of the same Code is hereby amended to read as follows: 
ART. 224. Evasion through negligence. - If the evasion of the 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 coreccional in its minimum AND 
MAXIMUM periods and temporary special disqualification. 
SEC. 4. Repealing Clause.-- All laws, decrees, executive orders, rules, and issuances 
inconsistent with this Act are hereby repealed, amended or modified accordingly. 
SEC. 5. Separability Clause. If any portion or provision of this Act is declared 
unconstitutional or invalid, the other portions or provisions hereof which are not affected 
thereby shall continue in full force and effect. 


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Approved. 
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SEC. 6. Eflectivity Clause. This Act shall take effect fifteen days following its 
publications in the Official Gazette or in any two newspapers of general circulation.