FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
S E N A T E  
~ , i ~ ~ ~ ~ i v i ~ ~ ~  
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Senate Bill No. 4 0 7 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
News and reports on escape of prisoners of late have cast 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 be 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 them. 
The proposed measure aims to amend existing 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. 
Hence, immediate passage of this proposed measure is earnestly sought 
-42 
GGOY JERCITO ESTRA 
-enator 
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FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
1 
7 JU. -2 p1 
OF THE PHILIPPINES 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PRESCRIBING STRICTER PENALTIES ON THE CRIME OF DELIVERING 
PRISONERS FROM JAIL AND INFIDELITY IN 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 by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 156, Chapter Five, Title 3, Book Two of Republic Act 
No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby 
amended to read as follows: 
"ART. 156. Delivering prisoners from jail. -The penalty of 
[arresto mayor] PRlSlON MAYOR in its MEDIUM AND maximum 
periods [to prision correctional in its minimum period] OR THE 
PENALTY NEXT LOWER IN DEGREE 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] PRlSlON mayor 
IN ITS MINIMUM AND MEDIUM 
PERIODS OR TWO DEGREES LOWER THAN THAT IMPOSED 
TO THE PRISONER IN ITS MEDIUM PERIOD shall be imposed [.I, 
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. 
"ART. 223. Conniving with or consenting to evasion. - Any 
public officer who shall consent to the escape pf a CONVICT OR 
DETENTION prisoner in the custody or charge, OR WHO SHALL 


RELEASE SUCH CONVICT OR DETENTION PRISONER AND 
ALLOW HIM TO RETURN TO PRISON OR DETENTION 
WITHOUT ANY PROPER COURT 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. 
By prision [correctional] MAYOR in its minimum period OR 
THE PENALTY EQUIVALENT TO THAT PRESCRIBED TO 
ANY ACCESSORY BASED ON THE ClME IMPUTED 
UPON THE PRISONER, IN ITS MAXIMUM PERIOD, 
WHICHEVER 
IS 
HIGHER 
and 
[temporary 
special] 
PERPETUAL ABSOLUTE disqualifications, in case the 
fugitive shall not have been finally convicted but only held as 
detention prisoner for any crime or violation of law or 
municipal ordinance. 
2. 
SEC 3. Article 224, Section One, Chapter Five, Title Seven, Book of 
Republic Act No. 3815, as amended, otherwise, 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 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] PRlSlON 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 
IN 
THE 
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, and hereby repealed or modified accordingly. 


SEC. 5. This Act shall take effect fifteen (15) days after its publication in 
its Official Gazette or in at least two (2) national newspapers of general 
circulation. 
Approved,