FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 
Jl'L -2 '- ' ' 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Section 12 of Article II of the 1987 Constitution expressly provides for the 
recognition of the State of its protection of the life of the mother and the life of the 
unborn from conception. 
In other words, the life of the unborn child is as 
precious as the life of a mother. 
The problem of drug-addiction in the Philippines is an established reality. 
It is now established that fetuses and new-born infants who are drug-exposed as 
a result of mothers who take cocaine and other illegal drugs and substances die 
due to premature birth, face, severe physical injuries, may suffer irreversible 
brain damage, or die soon after birth because of the drugs in their bodies. As a 
result, drug prevention education should make this unknown to our Filipino 
women, who are taking or are tempted to take drugs. 
Hence, in order to protect the unborn children and to redress the wrong 
done to them by mothers who take drugs during pregnancy, this bill provides for 
the penalties. 
The approval of this bill is recommended. 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
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Jill -2 [) 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PENALIZING MOTHERS WHO TAKE COCAINE OR OTHER ILLEGAL DRUGS 
DURING PREGNANCY AND THEREBY CAUSE DEATH OR SERIOUS 
AMENDING ARTICLES 255 AND 264 OF REPUBLIC ACT NO. 3815, AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE 
PHYSICAL INJURY TO THE UNBORN CHILD OR NEW-BORN AND 
Be it enacted by the Senate and House of Repmsentatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Article 255 of Republic Act No. 3815, as amended, 
otherwise known as the Revised Penal Code, is hereby amended to read as 
follows: 
“ART. 255. Infanticide. 
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“IF THE CRIME PENALIZED IN THIS ARTICLE IS COMMITTED 
BY THE MOTHER BY TAKING COCAINE OR OTHER ILLEGAL DRUGS 
DURING PREGNANCY AND THEREBY CAUSE THE DEATH OF THE 
UNBORN CHILD, OR OF THE NEW-BORN, SHE SHALL SUFFER THE 
PENALTY OF PRISON MAYOR: PROVIDED, THAT, THE COURT, IN 
ITS DECISION, MAY COMMIT SAID MOTHER TO A DRUG 
THEREAFTER, REQUIRE HER TO RENDER COMMUNITY SERVICE 
FOR THE UNSERVED PORTION OF HER SENTENCE IF TO DO SO 
WOULD NOT HARM THE COMMUNITY, AND THERE IS A 
REASONABLE BASIS TO ASSUME THAT SHE WILL NO LONGER 
TAKE DRUGS OR VIOLATE THE CONDITIONS OF HER PROVISIONAL 
RELEASE FOR COMMUNITY SERVICE. 
SHOULD SAID MOTHER 
VIOLATE HER PROVISIONAL RELEASE CONDITIONS BY TAKING 
DRUGS OR COMMITTING ANOTHER CRIME, THE COURT SHALL 
RECOMMIT HER IN THE REHABILITATION CENTER.” 
REHABILITATION CENTER UNTIL SHE IS 
DRUG-FREE AND, 
SEC 2. Article 264 of Republic Act No. 6815, as amended, otherwise 
known as the Revised Penal Code, is hereby amended to read, as follows: 
“ART 264. Administering injuries substances or beverages. 


xxxxxxx 
THE PENALTIES ESTABLISHED BY THE NEXT PRECEEDING 
ARTICLE SHALL ALSO BE APPLICABLE IN THE RESPECTIVE CASE 
TO A MOTHER WHO, WITHOUT INTENT TO KILL, SHALL INFLICT 
TAKING COCAINE OR OTHER ILLEGAL DRUGS OR SUBSTANCES 
DURING PREGNANCY: PROVIDED, THAT THE COURT, IN ITS 
DISCRETION, 
MAY 
COMMIT 
SAID 
MOTHER 
TO 
A 
DRUG 
THEREAFTER, REQUIRE HER TO RENDER COMMUNITY SERVICE IF 
TO DO SO WOULD NOT HARM THE COMMUNITY AND THERE IS A 
REASONABLE BASIS TO ASSUME THAT SHE WILL NO LONGER 
TAKE DRUGS OR VIOLATE THE CONDITIONS OF HER PROVISIONAL 
RELEASE FOR COMMUNITY SERVICE WITH ALLOWANCE FOR THE 
TIME SPENT IN THE REHABILITATION CENTER.” 
UPON HER NEW-BORN CHILD ANY SERIOUS PHYSICAL INJURY, BY 
REHABILITATION CENTER UNTIL SHE IS DRUG-FREE AND, 
SEC 3. This Act shall take effect upon its approval and publication 
in at least two (2) national newspapers of general circulation. 
Approved,