FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S. B. No. sENA130 
0 
Irltroduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 5 provides: 
The maintenance of peace and order, the protection of life, liberty and 
property and the promotion of the general welfare are essential for the enjoyment 
by all people of the blessings of democracy. 
Reform is needed to ensure that criminals are held accountable for their actions, that they 
receive swift and certain puiiishnient commensurate with their crimes, and that the protection of 
innocent citizens takes priority over other objectives. 
Criminals should face a high probability of apprehension and prosecution, and those 
found guilty should face absolutely certain measured response penalties, which at the same time 
are aimed to rehabilitate the criminals. 
This is necessary in order to remove violent criminals from the streets and meet the 
extraordinary threat that posed to the public by the use and trafficking of illegal drugs. 
Hence, this bill seeks to provide swift and certain punishment for criminals in order to 
deter violent crime.* 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING SWIFT AND CERTAIN PUNISHMENT FOR CRIMINALS IN 
ORDER TO DETER VIOLENT CRIME 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as the “National Drug and Crime 
Emergency Act.” 
SECTION 2. DeJinition ofTerms. -For the purposes of this Act, the term: 
(A) “Crime of violence” means - 
(1) An offense that is a felony and has an element the use, attempted use, or 
threatened use of physical force against the person or property of another; or 
by its nature, involves a substantial risk that physical force against the 
person or property of another may be used in the course of committing the 
offense; and 
Includes murder, kidnapping, aggravated assault, extortionate extension of 
credit, forcible sex offenses, arson, robbery, and burglary of a dwelling; and 
(B) “Trafficking crime” means any felony punishable under the law, which involves the 
manufacture sale, distribution, dispensing, importation, or exportation of, or 
possession with intent to manufacture sell, distribute, or dispense, import, or export, 
a controlled substance. 
(2) 
SECTION 3. Increased Mandatory Minimum Sentences without Release for Criminals 
Using Firearms and Other Violent Cuiminals. - Whoever, during and in relation to any crime of 
violence or drug trafficking crime, including a crime of violence or drug trafficking crime which 
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provides for an enhanced punished if committed by the use of a deadly or dangerous weapon or 
device, for which the person may be prosecuted - 
(A) Possesses a firearm, shall, in addition to the punishment provided for such crime of 
violence or drug trafficking crime, be sentenced to imprisonment for not less than 5 
years without release; 
(B) Discharges a firearm with intent to injure another person, shall, in addition to the 
punishment provided for such crime of violence or drug trafficking crime, be 
sentenced to imprisonment for not less than seven (7) years without release; or 
(C) Possess a firearm that is machinegun, or is equipped with a firearm silencer or 
firearm muffler shall, in addition to the punishment provided for such crime of 
violence or drug trafficking crime, be sentenced to imprisonment for nine (9) years 
without release. 
In case if a second conviction under this subsection, a person shall be sentenced to 
imprisonment for not less than twelve (12) years without release for possession or not less than 
15 years without release for discharge of a firearm, and of the firearm is a machinegun, or is 
equipped with a forearm silencer or firearm muffler, to twenty (20) years without release. In the 
case of third or subsequent conviction under this subsection, a person shall be sentenced to life 
imprisonment without release. If the death of a person results from the discharge of a firearm, 
with intent to kill another person, by a person during the commission of a crime, the person who 
discharged the firearm shall be sentenced to life imprisonment without release. Notwithstanding 
any other law, a court shall not place on probation or suspend the sentence of any person 
convicted of a violation of this section, nor shall the term of imprisonment imposed under this 
subsection run concurrently with any other term of imprisonment including that imposed for the 
crime of violence or drug trafficking crime in which the firearm was used. No person sentenced 
under this subsection shall be eligible for parole, nor shall such person be released for any reason 
whatsoever, during a term o f  imprisonment imposed under this paragraph. 
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SECTION 4. Life Imprisonment without Release for Criminals Convicted a Third Time. 
- If any person commits a drug offense after two or more prior convictions for a felony drug 
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offense have become final, such person shall be sentenced to a mandatory term of life 
imprisonment without release, unless the penalty provided for in the offense committed is higher 
than what is provided for in this section. 
SECTION 5. Longer Prison Sentences for Those Who Sell Illegal Drugs to Minors or for 
Use of Minors in Drug Traficking Activities. - Whoever sell illegal drugs to minors or for use of 
minors in drug trafficking shall, in addition to the punishment provided for such drug trafficking 
crime, be sentenced to imprisonment for not less than 10 years without release. 
SECTION 6. Mandatory WorkRequirement for All Prisoners. - 
(A) In General. - It shall be the policy of the State that convicted prisoners confined in 
prisons, jails, and other detention facilities shall work. The type of work in which they will be 
involved shall be dictated by appropriate security considerations and by the health of prison 
involved. Such labor may include, but not limited to- 
(1) 
(2) 
(3) 
Prison industries; and 
(4) 
Other appropriate labor. 
Local public works projects and infrastructure repair; 
Construction of new prisons and other detention facilities; 
(B) Prisoners Shall Work. - Medical certification of 100 percent disability, security 
considerations, or disciplinary action shall be the only excuse to remove a prisoner from labor 
participation. 
(C) Use of Funds. - Any funds generated by labor conducted pursuant to this section 
shall he deposited in a separate hnd in the National Treasury for use in the payment of prison 
construction and operating expenses or for payment of compensation judgments. 
Notwithstanding any other law, such funds shall be available without appropriation. Prisoners 
shall be paid a share of funds generated by their labor conducted pursuant to this section. 
(D) Drug Testing. - The Bureau of Jail Management and Penology shall, as soon as 
practicable after the effective date of this section, establish by regulation a program of drug 
testing of targeted classes of arrestees, individuals in jails, prisons, and other correctional 
facilities, and persons on conditional or supervised release before or after conviction, including 
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probationers, parolees, and persons released on bail. The necessary regulations shall be issued 
within 90 days from the effectivity of this Act and may include guidelines or specifications 
concerning the - 
(1) 
(2) 
(3) 
(4) 
Classes of persons to be targeted for testing; 
Drugs to be tested for; 
Frequency and duration of testing; and 
Effect of test results in decisions Concerning the sentence, the conditions to 
be imposed on release before or after conviction, and the granting, 
continuation, or termination of such release. 
SECTION 7. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 8. 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 9. Effectivitiy Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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