Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
4553

House Bill No.

Introduced by HON. VICENTE S.E. VELOSO III

EXPLANATORY NOTE

Act No. 3815 or the Revised Penal Code (RPC) was approved in October
12, 1930 at which time the country was still under American colonization. Since its
approval, it has undergone several amendments. One of the recent amendments
is Republic Act No. 10592 entitled “An Act Amending Articles 29, 94, 97, 98 and
99 of Act No. 3815, as amended, otherwise known as the Revised Penal Code”
approved on May 29, 2013 under President Benigno S.E. Aquino Ill's
administration.

Due to the amendment, more than 2.000 convicts of heinous crimes have
been released following the Supreme Court Decision in G.R. No. 212719 dated
June 25, 2019, including former Calauan Mayor Antonio Sanchez’ (Mayor
Sanchez). Due to this, the issue of service of sentence and the 40-year limit set
out in Article 70 of the Revised Penal Code (RPC) has surfaced

In the case of convicts of heinous crimes sentenced with nine (9) reclusion
perpetua, even after applying the threefold rule under Article 70 of the RPC, the
convict will only be made to serve 40 years of imprisonment — no distinction with
those convicted of one (1) count of murder to serve only one (1) reclusion perpetue
sentence. It is as if there is simultaneous service of sentences when the provision
of the law mandates “successive service” of sentences.

To prevent the blatant travesty of the justice system and to ensure that
Justice is served by the accused and achieved by the victims or relatives of the

victims, repeal of 5" paragraph of Article 70 should be ey

VICENTE S.E. VELOSO II!
Representative, 3 District of Leyte


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4553

Introduced by HON. VICENTE S.E. VELOSO III

AN ACT AMENDING ARTICLE 70 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

‘SECTION 1. Article 70 of Act No. 3815, as amended, otherwise known as
the Revised Penal Code, is hereby further amended to read as follows:

“Art. 70. Successive service of sentences. - When the
culprit has to serve two or more penalties, he shall serve them
simultaneously if the nature of the penalties will so permit
otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their
respective severity shall be followed so that they may be
executed successively or as nearly as may be possible,
should a pardon have been granted as to the penalty or
penalties first imposed, or should they have been served out.

For the purpose of applying the provisions of the next
preceding paragraph the respective severity of the penalties
shall be determined in accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3, Reclusion temporal,

4, Prision mayor,

5. Prision correccional,


1 6. Arresto mayor,

D 7. Arresto menor,

3 8. Destierro,

4 9. Perpetual absolute disqualification,

5 10 Temporal absolute disqualification.

6 11, Suspension from public office, the right to vote and

7 be voted for, the right to follow a profession or calling, and

3 12. Public censure.

9 Notwithstanding the provisions of the rule next
10 preceding, the maximum duration of the convict’s sentence
i shall not be more than three-fold the length of time
12 corresponding to the most severe of the penalties imposed
13 upon him. No other penalty to which he may be liable shall be
14 inflicted after the sum total of those imposed equals the same
1s maximum period.

16 [Such-maximum-period-shall_in-no-case-exceed

7 forty-years:]

18 In applying the provisions of this rule, the duration of
19 perpetual penalties (pena perpetua) shall be computed at
20 thirty years. (As amended by Com. Act No. 217)"

2 SECTION 2. Effectivity Clause. This Act shall take effect fifteen (15) days

22. after its complete publication in the Official Gazette or in two (2) newspapers of
23. general circulation.

24 Approved,