; 
Fifteenth Congress of the Republic 
of the Philippines 
First Regular Session 
) 
) 
) 
11 SE!' 28 "1 :11\'1 
SENATE 
RECEIVED BY:~ 
S.B. No.254·2 
Introduced by Senator Ramorl'Bong Revilla, .fr. 
EXPLANA TORY NOTE 
News reports on escape of prisoners have casted 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 to them. 
This proposed bill aims to amend existing appropriate 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 l11easure will nonetheless 
be a critical factor in resolving this predicament. 
Premises stated, speedy approval of this bill is hereby recommended. 


Fifteenth Congress of the Republic 
of the Philippines 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2542 
HI 
SEI' 28 "1 :41 
RECEIVED BY: @ . · 
Introduced by Senator Ramon Bong Revilla, Jr. 
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 ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS 
THE REVISED PENAL CODE, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House a/Representatives a/the Philippines in Congress 
assembled: 
SECTION 1. Article 156, Chapter Five, Title 3, Book Two of 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] PRISION MAYOR in its MEDIUM AND maximum periods [to prision 
correctional in its minimum period] OR THE PENALTY NEXT LOWER IN 
DEGREE THAN THAT IMPOSED ON THE PRISONER IN ITS MEDIUM 
AND MAXIMUM PERIODS shall be imposed upon any person who shall 
remove from any jailor 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] 
PRISION mayor IN ITS MINIMUM AND MEDIUM PERIODS OR TWO 
DEGREES LOWER THAN THAT IMPOSED TO THE PRISONER IN ITS 
MEDIUM PERIOD shall be imposed[.], 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. 
SECTION 2. Article 223, Section One, Chapter Five, Title Seven, Book Two of Act No. 
3815, as amended, otherwise known as 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 CONVICT OR DETENTION prisoner in 
his custody or charge, OR WHO SHALL RELEASE SUCH CONVICT OR 
DETENTION PRISONER AND ALLOW HIM TO RETURN TO PWSON 
OR DETENTION WITHOUT ANY PROPER COURT ORDER OR 
AUTHORIZATION shall be punished: 
1 


'. ' 
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 IDGHER 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, 
2. By prision [correctional] MAYOR in its minimum period OR THE 
PENALTY 
EQUNALENT TO 
THAT 
PRESCRIBED 
TO 
AN 
ACCESSORY BASED ON THE CRIME IMPUTED UPON THE 
PRISONER, IN ITS MAXIMUM PERIOD, WHICHEVER IS HIGHER 
and [temporary special] PERPETUAL ABSOLUTE 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. 
SECTION 3. Article 224, Section One, Chapter Five, Title Seven, Book Two of Act No. 
3815, as amended, 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 the 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] 
PRISION 
CORRECTIONAL IN ITS MEDIUM AND MAXIMUM PERIODS OR 
THE PENALTY EQUNALENT TO THAT PRESCRIBED TO AN 
ACCESSORY BASED ON THE CRIME IMPUTED UPON THE CONVICT 
OR 
DETENTION 
PRISONER 
IN 
ITS 
MAXIMUM 
PERIOD, 
WHICHEVER 
IS 
HIGHER 
and 
temporary 
[special] 
ABSOLUTE 
disqualification. 
FOR PURPOSES OF THIS ARTICLE, THE PUBLIC OFFICER 
CHARGED ~TH THE CUSTODY OR CONVEYANCE OF THE 
CONVICT OR DETENTION PRISONER IS PRIMA FACIE PRESUMED 
TO HAVE CONSENTED OR CONNIVED TO THE EVASION. 
, 
SECTION 4. All laws, presidential decrees, executive orders, issuances, and rules and 
regulations, and part thereof, which are inconsistent with the provisions of this Act, are hereby 
repealed or modified accordingly. 
SECTION 5. This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) national newspapers of general circulation. 
Approved, 
2