Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1* Regular Session

4743

House Bill No.

Introduced by Representatives ERIC GO YAP, JOCELYN PUA TULFO, and
ROWENA NINA TADURAN

EXPLANATORY NOTE

In recent times, criminals become more outrageous in committing crimes
blatantly, knowing that they could easily get away with it. We have been receiving
numerous unfathomable reports of barbaric acts wherein the vulnerable gets
victimized and abused. It is high time that we put an end to this and protect our
citizens. Those who have committed certain heinous crimes, as defined in this bill,
should suffer from the consequences of their unlawful actions.

We should highly prioritize the welfare and safety of the Filipinos who we put
into danger with their co-existence with monstrous criminals. While it can be argued
that one’s death will never commensurate his/her crimes, the fear of death as
punishment serves as deterrence hindering them to commit such crime. Let those who
will be rightfully convicted serve as an example to those who plan to be unlawful
deviants in this society.

Now, more than ever, is the time to restore the death penalty in the country.
We have been too complacent with these criminals at the expense of the safety of the
whole nation. Thus, this bill seeks to impose the death penalty for heinous crimes
which inherently defy the morals, challenge the justice, and create chaos in the
community.

In view of the foregoing, approval of this bill is earnestly sought.

Sf ERIC GO YAP

JOCELY! 1A TULEO ROWENA/NI ‘ADURAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1* Regular Session

House Bill No. 4743

Introduced by Representatives ERIC GO YAP, JOCELYN PUA TULFO, and.
ROWENA NINA TADURAN

AN ACT
IMPOSING THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9346, ENTITLED
“AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN
THE PHILIPPINES” AND AMENDING ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE “REVISED PENAL CODE,” AND OTHER
SPECIAL PENAL LAWS

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

SECTION 1. Short Title. - This Act shall be known as the “Death Penally
Law.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of
the State to foster peace and order and ensure obedience to its authority, protect
life, liberty and property and promote and general welfare which are essential
for the enjoyment by all the people of the blessings of democracy in a just and
humane society.

Towards this end, in the interest of justice, public order and rule of law,
and the need to rationalize and harmonize the penal sanctions, the Congress,
finds compelling reasons to impose the death penalty for heinous crimes.

SECTION 3. Imposition of Death Penalty; Heinous Crimes Defined. -
The death penalty is hereby imposed on heinous crimes defined under this Act
as heinous for being grievous, odious and hateful offenses, which by reason of
their inherent or manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and norms of decency and
morality in a just, civilized and ordered society.


Accordingly, Act No. 3815, as amended, otherwise known as the
“Revised Penal Code”, and other special penal laws, are hereby amended for
the purpose of imposing the death penalty on heinous crimes enumerated
under this Act.

SECTION 4. Article 114 of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“ART. 114. Treason. - Any Filipino citizen who levies war against
the Philippines or adheres to her enemies giving them aid or comfort
within the Philippines or elsewhere, shall be punished by reclusion
perpetua TO DEATH and shall pay a fine not to exceed 100,000 pesos.”

No person shall be convicted of treason unless on the testimony of
two witnesses at least to the same overt act or on confession of the
accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts
of treason as defined in paragraph 1 of this Article shall be punished by
reclusion temporal to [reclusion perpetua] DEATH and shall pay a fine not
to exceed 100,000 pesos.”

SECTION 5. Article 123 of the Revised Penal Code, as amended, is
hereby further amended to read as follows:

“ART. 123. Qualified piracy. - The penalty of reclusion perpetua TO
DEATH shall be imposed upon those who commit any of the crimes
referred to in the preceding article, under any of the following
circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the
same;

2. Whenever the pirates have abandoned their victims without
means of saving themselves or;

3. Whenever the crime is accompanied by murder, homicide,
physical injuries or rape.”

SECTION 6. Article 211-A of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“ART. 211-A. Qualified Bribery. - If any public officer is entrusted
with law enforcement and he refrains from arresting or prosecuting an
offender who has committed a crime punishable by reclusion perpetua
and/or death consideration of any offer, promise, gift or present, he shall
suffer the penalty for the offense which was not prosecuted.


If it is the public officer who asks or demands such gift or present,
he shall suffer the penalty of [reclusion perpetua] DEATH.”

SECTION 7. Article 246 of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“ART. 246. Parricide. - Any person who shall kill his father,
mother, or child, whether legitimate if illegitimate, or any of his
ascendants, or descendants, or his spouse, shall be guilty of parricide and
shall be punished by the penalty of reclusion perpetua TO DEATH.”

SECTION 8. Article 248 of the Revised Penal Code, as amended, is
hereby further amended to read as follows:

“ART. 248. Murder. - Any person who, not falling within the
provisions of Article 246 shall kill another, shall be guilty of murder and
shall be punished by reclusion perpetua, TO DEATH if committed with
any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid
of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity;

. In consideration of a price, reward or promise;

3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a railroad, fall of
an airship, or by means of motor vehicles, or the use of any other
means involving great waste and ruin;

4. On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano destructive
cyclone, epidemic or other public calamity;

. With evident premeditation;

. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse.

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PROVIDED, THAT FOR PARAGRAPHS 1, 3 AND 5, THE PENALTY
SHALL BE RECLUSION PERPETUA.”

SECTION 9. Article 255 of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“ART. 255. Infanticide. - The penalty provided for parricide in
Article 246 and for murder in Article 248 shall be imposed upon any
person who shall kill any child less than three days of age.


If any crime penalized in this Article be committed by the mother
of the child for the purpose of concealing her dishonor, she shall suffer
the penalty of prison mayor in its medium and maximum periods, and if
said crime be committed for the same purpose by the maternal
grandparents or either of them, the penalty shall be reclusion temporal.”

SECTION 10. Article 266-A and 266-B of the Revised Penal Code, as
amended, is hereby amended to read as follows:

“ART. 266-A. Rape: When and How Committed. - Rape is
committed:

1. By a man who shall have carnal knowledge of a woman under any

of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise
‘unconscious;

©) By means of fraudulent machination or grave abuse of
authority; and

d) When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned.
above be present.

2. By any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by
inserting his penis into another person's mouth or anal orifice, or
any instrument or object, into the genital or anal orifice of another
person.

ART. 266-B. Penalty. - Rape under paragraph 1 of the next
preceding article shall be punished by reclusion perpetua.

Whenever the rape is committed with the use of a deadly weapon
or by two or more persons, the penalty shall be reclusion perpetua TO
DEATH.

When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be reclusion perpetua TO DEATH.

When by rape is attempted and a homicide is committed by reason
or on the occasion thereof, the penalty shall be reclusion perpetua TO
DEATH.


When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be [reclusion perpetua] DEATH.

The DEATH penalty [of reclusion perpetual] shall also be imposed
if the crime of rape is committed with any of the following aggravating/
qualifying circumstances:

1. When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the
common-law spouse of the parent of the victim;

2. When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution;

3. When the rape is committed in full view of the spouse, parent, any
of the children or other relatives within the third civil degree of
consanguinity;

4. When the victim is a religious engaged in legitimate religious
vacation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime;

. When the victim is a child below seven (7) years old;

. When the offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)/ Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and
the virus or disease is transmitted to the victim;

7. When committed by any member of the Armed Forces of the
Philippines or para-military units thereof or the Philippine
National Police or any law enforcement agency or penal
institution, when the offender took advantage of his position to
facilitate the commission of the crime;

8. When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;

9. When the offender knew of the pregnancy of the offended party at
the time of the commission of the crime; and

10.When the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at the
time of the commission of the crime.

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Rape under paragraph 2 of the next preceding article shall be
punished by prison mayor.

Whenever the rape is committed with the use of a deadly weapon
or by two or more persons, the penalty shall be prison mayor to reclusion
temporal.


When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be reclusion temporal.

When the rape is attempted and a homicide is committed by reason
or on the occasion thereof, the penalty shall be reclusion temporal to
reclusion perpetua.

When by reason or on the occasion of the rape, homicide is
committed, the penalty shalll be reclusion perpetua.

Reclusion temporal shall be imposed if the rape is committed with
any of the ten aggravating/ qualifying circumstances mentioned in this
article.”

SECTION 11. Article 267 of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“ART. 267. Kidnapping and serious illegal detention. - Any
private individual who shall kidnap or detain another, or in any other
manner deprive him of his liberty, shall suffer the penalty of reclusion
perpetua TO DEATH:

1. If the kidnapping or detention shall have lasted more than three

days.

2: it. it shall have been committed simulation public authority.

3. If any serious physical injuries shall have been inflicted upon the
person kidnapped or detained; or if threats to kill him shall have
been made.

4. Ifthe person kidnapped or detained shall be a minor, except when
the accused is any of the parents, female or a public officer.

The penalty shall be [reclusion perpetual] DEATH where the
kidnapping or detention was committed for the purpose of extorting
ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the
offense.

When the victim is killed or dies as a consequence of the detention
or is raped, or is subjected to torture or dehumanizing acts, the maximum
penalty shall be imposed.”

SECTION 12. Article 294 of the Revised Penal Code, as amended, is hereby
further amended to read as follows:


“ART. 294. Robbery with violence against or intimidation of persons -
Penalties. - Any person guilty of robbery with the use of violence against or
intimidation of any person shall suffer:

1. The penalty of reclusion perpetua TO DEATH, when by reason or on
occasion of the robbery, the crime of homicide shall have been
committed, or when the robbery shall have been accompanied by rape or
intentional mutilation or arson.

2. The penalty of reclusion temporal in its medium period to reclusion
perpetua, when or if by reason or on occasion of such robbery, any of the
physical injuries penalized in subdivision I of Article 263 shall have been
inflicted.

3, The penalty of reclusion temporal, when by reason or on occasion of the
robbery, any of the physical injuries penalized in subdivision 2 of the
article mentioned in the next preceding paragraph, shall have been
inflicted.

4, The penalty of prison mayor in its maximum period to reclusion temporal
in its medium period, if the violence or intimidation employed in the
commission of the robbery shall have been carried to a degree clearly
unnecessary for the commission of the crime, or when in the course of its
execution, the offender shall have inflicted upon any person not
responsible for its commission of the crime, or when in the course of its
execution, the offender shall have inflicted upon any person not
responsible for its commission any of the physical injuries covered by
subdivisions 3 and 4 of said Article 263.

5. The penalty of prison correctional in its maximum period to prison mayor
in its medium period in other cases.”

SECTION 13. Article 320 of the Revised Penal Code, as amended, is hereby
further amended to read as follows:

“ART. 320. Destructive Arson. - The penalty of reclusion perpetua TO

DEATH shall be imposed upon any person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of
burning, or as a result of simultaneous burnings, committed on several
or different occasions.

2. Any building of public or private ownership, devoted to the public in
general or where people usually gather or congregate for a definite
purpose such us, but not limited to, official governmental function or
business, private transaction, commerce, trade, workshop, meetings and
conferences, or merely incidental to a definite purpose such as but not
limited to hotels, motels, transient dwellings, public conveyances or
stops or terminals, regardless of whether the offender had knowledge
that there are persons in said building or edifice at the same time it is set


on fire and regardless also of whether the building is actually inhabited
or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to
transportation or conveyance, or for public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances
thereto, which are devoted to the service of public utilities.

5, Any building the burning of which is for the purpose of concealing or
destroying evidence of another violation of the law, or for the purpose of
concealing bankruptcy or defrauding creditors or to collect from
insurance.

Irrespective of the application of the above enumerated qualifying
circumstances, the penalty of reclusion perpetua TO DEATH shall likewise be
imposed when the arson is perpetrated or committed by two (2) or more
persons or by a group of persons, regardless of whether their purpose is
merely to burn or destroy the building or the burning merely constitutes an
overt act in the commission or another violation of law.

The penalty of reclusion perpetua TO DEATH shall also be imposed upon
person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks
factory, ordnance, storehouse, archives or general museum of the
Government.

2. In an inhabited place, any storehouse or factory of inflammable or
explosive materials.

If as a consequence of the commission of any of the acts penalized under
this Article, death results, the mandatory penalty of [reclusion perpetua]
DEATH shall be imposed.”

SECTION 14. Section 2 of Republic Act No. 7080, as amended, entitled “An
Act Defining and Penalizing the Crime of Plunder,” is further amended to read
as follows:

“SEC.2. Definition of the Crime of Plunder; Penalties. - Any public
officer who, by himself or in connivance with members of his family,
relatives by affinity or consanguinity, business associates, subordinates
or other persons, amasses, accumulates or acquires ill-gotten wealth
through a combination or series of overt criminal acts as describe in
Section 1 (d) hereof in the aggregate amount or total value of at least Fifty
million pesos (50,000,000.00) shall be guilty of the crime of plunder and
shall be punished by reclusion perpetua TO DEATH. Any person who
participated with the said public officer in the commission of an offense
contributing to the crime of plunder shall likewise be punished for such


offense. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as provided by
the Revised Penal Code, shall be considered by the court. The court shall
declare any and ill-gotten wealth and their interests and other incomes
and assets including the properties and shares of stocks derived from the
deposit or investment thereof forfeited in favor of the State.”

SECTION 15. Sections 4, 5 and 6 of Republic Act No. 9165, as amended,
otherwise known as the “Comprehensive Dangerous Drugs Act of 2002,” are
hereby amended to read as follows:

“SEC. 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment
TO DEATH and a fine ranging from Five hundred thousand pesos
(500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall import or bring into the
Philippines any dangerous drug, regardless of the quantity and purity
involved, including any and all species of opium poppy or any part
thereof or substances derived therefrom even for floral, decorative and
culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shalll be imposed upon any person, who, unless authorized
by law, shall import any controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be
imposed upon any person, who, unless authorized under this Act, shall
import or bring into the Philippines any dangerous drug and/or
controlled precursor and essential chemical through the use of a
diplomatic passport, diplomatic facilities or any other means involving
his/her official status intended to facilitate the unlawful entry of the
same. In addition, the diplomatic passport shall be confiscated and
canceled.

The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to five hundred thousand pesos (P500,000.00) shall


be imposed upon any person, who acts as a “protector/ coddler’ of any
violator of the provisions under this Section.

SEC. 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemical. - The penalty of life
imprisonment TO DEATH and a fine ranging from five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall
be imposed upon any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any dangerous drug, including any and
all species of opium poppy regardless of the quantity and purity
involved, or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized
by law, shall sell, trade, administer, dispense, deliver, give away to
another, distribute, dispatch in transit or transport any controlled
precursor and essential chemical, or shall act as a broker in such
transactions.

If the sale, trading, administration dispensation, delivery,
distribution or transportation of any dangerous drug and/or controlled
precursor and essential chemical transpires within one hundred (100)
meters from the school, the maximum penalty shall be imposed in every
case.

For drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messenger, or in any other capacity
directly connected to the dangerous drugs and/or controlled precursors
and essential chemical trade, the maximum penalty shall be imposed in
every case.

If the victim of the offense is a minor or a mentally incapacitated
individual, or should a dangerous drug and/or a controlled precursor
and essential chemical involved in any offense herein provided be the
proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be

imposed upon any person who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

10


The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a “protector/coddler” of any
violator of the provisions under this Section.

SEC. 6. Maintenance of Den, Dive or Resort. - The penalty of life
imprisonment TO DEATH and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall
be imposed upon any person or group of persons who shall maintain a
den, dive or resort where any dangerous drug is used or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or group of persons who
shall maintain a den, dive, or resort where any controlled precursor and
essential chemical is used or sold in any form.

The maximum penalty provided for under this Section shall be
imposed in every case where any dangerous drug is administered,
delivered or sold to a minor who is allowed to use the same in such a
place.

Should any dangerous drug be the proximate cause of the death of
a person using the same in such den, dive or resort, the penalty of
[reclusion perpetua] DEATH and a fine ranging from One million pesos
(P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall be imposed
on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same
shall be confiscated and escheated in favor of the government: Provided,
‘That the criminal complaint shall specifically allege that such place is
intentionally used in the furtherance of the crime: Provided, further, That
the prosecution shall prove such intent on the part of the owner to use
the property for such purpose: Provided, finally, That the owner shall be
included as an accused in the criminal complaint.

‘The maximum penalty provided for under this Section shall be

imposed upon any person who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

oe


The penalty twelve (12) years and one (1) day to twenty (20) years
of imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a “protector/coddler” of any
violator of the provisions under this Section.”

SECTION 16. Section 8 of Republic Act No. 9165, as amended, is hereby
amended to read as follows:

“SEC. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment
TO DEATH and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall engage in the
manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and
(1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shalll be imposed upon any person, who, unless authorized
by law, shall manufacture any controlled precursor and essential
chemical.

‘The presence of any controlled precursor and essential chemical or
laboratory equipment in the clandestine laboratory is a prima facie proof
of manufacture of any dangerous drug. It shall be considered an
aggravating circumstance if the clandestine laboratory is undertaken or
established under the following circumstances:

a) Any phase of the manufacturing process was conducted in the
presence or with the help of minor/s;

b) Any phase or manufacturing process was established or
undertaken within one hundred (100) meters of a residential,
business, church or school premises;

©) Any clandestine laboratory was secured or protected with booby
traps;

d) Any clandestine laboratory was concealed with legitimate
business operations; or

e) Any employment of a practitioner, chemical engineer, public
official or foreigner.

The maximum penalty provided for under this Section shall be

imposed upon any person, who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

12


The penalty of twelve (12) years and one (I)day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a “protector/coddler” of any
violator of the provisions under this Section.”

SECTION 17. Section 11 of Republic Act No. 9165, as amended, is hereby
amended to read as follows:

“SEC.11. Possession of Dangerous Drugs. - The penalty of life
imprisonment TO DEATH and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall
be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the
degree of purity thereof:

1. 10 grams or more of opium;

2. 10 grams or more of morphine;

. 10 grams or more of heroin;

. 10 grams or more of cocaine or cocaine hydrochloride;

. 50 grams or more of methamphetamine hydrochloride or “shabu”;

. 10 grams or more of marijuana resin or marijuana resin oil;

7. 500 grams or more of marijuana; and

8. 10 grams or more of other dangerous drugs such as, but not limited
to, methylenedioxy-methamphetamine (MDMA) or “ecstasy”,
paramethoxy-amphetamine (PMA), trimethoxy-amphetamine
(TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarity designed or
newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the
Board in accordance to Section 93, Article XI of this Act.

Aap

Otherwise, if the quantity involved is less than the foregoing
quantities, the penalties shall be graduated as follows:

1. Life imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantity of methamphetamine hydrochloride
or “shabu’” is ten (10) grams or more but less than fifty (50) grams;

2. Imprisonment of twenty (20) years and one (1) day to life

imprisonment and fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00),

13


if the quantities of dangerous drugs are five (5) grams or more but
less than ten (10) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride or “shabu,” or other dangerous drugs such
as, but not limited to, MDMA or “ecstasy.” PMA, TMA, LSD, GHB,
and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or
three hundred (300) grams or more but less than five hundred (500)
grams of marijuana; and

3. Imprisonment of twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if the
quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride or
“shabu,” or other dangerous drugs such as, but not limited to,
MDMA or “ecstasy,” PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or less than three hundred (300)
grams of marijuana.”

SECTION 18. Section 16 of Republic Act No. 9165, as amended, is hereby
amended to read as follows:

“SEC. 16. Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof. - The penalty of life
imprisonment TO DEATH and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall
be imposed upon any person, who shall plant, cultivate or culture
marijuana, opium poppy or any other plant regardless of quantity, which
is or may hereafter be classified as a dangerous drug or as a source from
which any dangerous drug may be manufactured or derived: Provided,
That in the case of medical laboratories and medical research centers
which cultivate or culture marijuana, opium poppy and other plants, or
materials of such dangerous drugs for medical experiments and research
purposes, or for the creation of new types of medicine, the Board shall
prescribe the necessary implementing guidelines for the proper
cultivation, culture, handling, experimentation and disposal of such
plants and materials.

The land or portions thereof and/or greenhouse on which any of

said plants is cultivated or cultured shall be confiscated and escheated in
favor of the State, unless the owner thereof can prove lack of knowledge

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of such cultivation or culture despite the exercise of due diligence on
his/her part. If the land involved is part of the public domain, the
maximum penalty provided for under this Section shall be imposed upon
the offender.

The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a “protector/coddler” of any
violator of the provisions under this Section.”

SECTION 19. Section 19 of Republic Act No. 9165, as amended, is hereby
further amended to read as follows:

“SEC 19. Unlawful Prescription of Dangerous Drugs. - The
penalty of life imprisonment TO DEATH and fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless
authorized by the law, shall make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.”

SECTION 20. Section 27 of Republic Act No. 9165, as amended, is hereby
amended to read as follows:

“SEC. 27. Criminal Liability od a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources
of Dangerous Drugs, Controlled Precursor and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the
Proceeds or Proceeds or Properties Obtained from the Unlawful Act
Committed. - The penalty of life imprisonment TO DEATH and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00), in addition to absolute perpetual disqualification
from any public office, shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals,
instruments/ paraphernalia and/or laboratory equipment including the
proceeds or properties obtained from the unlawful acts as provided for
in this Act.

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Any elective local or national official found to have benefited from
the proceeds of the trafficking of dangerous drugs as prescribed in this
Act, or have received any financial or material contributions or donations
from natural or juridical persons found guilty of trafficking dangerous
drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive
positions in the government, its divisions, subdivisions, and
intermediaries, including government-owned or  -controlled
corporations”

SECTION 21. Section 29 of Republic Act No. 9165, as amended, is hereby
amended to read as follows:

“SEC. 29. Criminal Liability for Planting of Evidence. - Any person who
is found guilty of “planting” any dangerous drug and/or controlled precursor
and essential chemical, regardless of quantity and purity, shall suffer the
penalty of [reclusion perpetua] DEATH.”

SECTION 22. Section 3 of Republic Act No. 10883, otherwise known as
the “New Anti-Carnapping Act of 2016” is hereby amended to read as follows:

“SEC. 3. Carnapping; Penalties. - Carnapping is the taking, with intent
to gain, of a motor vehicle belonging to another without the latter's consent, or
by means of violence against or intimidation of persons, or by using force upon
things.

Any person who is found guilty of carnapping shall, regardless of the
value of the motor vehicle taken, be punished by imprisonment for not less than
twenty (20) years and one (1) day but not more than (30) years, when the
carnapping is committed without violence against or intimidation of persons,
or force upon things; and by imprisonment of not less than (30) years to (40)
forty years, when the carnapping is committed by means of violence against or
intimidation of persons, or force upon things; and the penalty of life
imprisonment TO DEATH shall be imposed when the owner, driver, or
occupant of the carnapped motor vehicle is killed or raped in the commission
of the carnapping.

XXX 200K xx!

SECTION 23. Article 47 of the Revised Penal Code, as amended, is
hereby amended to read as follows:

“ART. 47. IN WHAT CASES THE DEATH PENALTY SHALL NOT

BE IMPOSED; AUTOMATIC REVIEW OF DEATH PENALTY CASES. -
THE DEATH PENALTY SHALL BE IMPOSED IN ALL CASES IN

16


WHICH IT MUST BE IMPOSED UNDER EXISTING LAWS, EXCEPT
WHEN THE GUILTY PERSON IS BELOW EIGHTEEN (18) YEARS OF
AGE AT THE TIME OF THE TIME OF THE COMMISSION OF THE
CRIME OR IS MORE THAN SEVENTY (70) YEARS OF AGE WHEN
UPON APPEAL OR AUTOMATIC REVIEW OF THE CASE BY THE
SUPREME COURT, THE REQUIRED MAJORITY VOTE IS NOT
OBTAINED FOR THE IMPOSITION OF THE DEATH PENALTY, IN
WHICH CASES THE PENALTY SHALL BE RECLUSION PERPETUA.

IN ALL CASES WHERE THE DEATH PENALTY IS IMPOSED
BY THE TRIAL COURT, THE RECORDS SHALL BE FORWARDED
TO THE SUPREME COURT FOR AUTOMATIC REVIEW AND
JUDGMENT BY THE COURT EN BANC, WITHIN TWENTY (20)
DAYS BUT NOT EARLIER THAN FIFTEEN (15) DAYS AFTER
PROMULGATION OF THE JUDGMENT OR NOTICE OF DENIAL
OF ANY MOTION FOR NEW TRIAL OR RECONSIDERATION. THE
TRANSCRIPT SHALL ALSO BE FORWARDED WITHIN TEN (10)
DAYS FROM THE FILING THEREOF BY THE STENOGRAPHIC
REPORTER.”

SECTION 24. Article 81 of the Revised Penal Code, as amended, is
hereby further amended to read as follows:

“ART. 81. WHEN AND HOW THE DEATH PENALTY IS TO BE
EXECUTED. - THE DEATH SENTENCE SHALL BE EXECUTED WITH
PREFERENCE TO ANY OTHER PENALTY AND SHALL CONSIST IN
PUTTING THE PERSON UNDER THE SENTENCE TO DEATH BY
[ELECTROCUTION] ANY OF THE FOLLOWING METHODS:

A) HANGING;
B) FIRING SQUAD; OR
©) LETHAL INJECTION

THE DEATH SENTENCE SHALL BE EXECUTED UNDER THE
AUTHORITY OF THE DIRECTOR OF THE BUREAU OF CORRECTIONS.
WHO SHALL TAKE STEPS TO ENSURE THAT THE EXECUTION UNDER
ANY OF THE ABOVE METHODS IS SUFFICIENT TO CAUSE THE
INSTANTANEOUS DEATH OF THE CONVICT.

PURSUANT TO THIS, ALL PERSONNEL INVOLVED IN THE
HANGING, FIRING SQUAD AND IN THE ADMINISTRATION OF THE
LETHAL INJECTION SHALL BE TRAINED PRIOR TO THE
PERFORMANCE OF SUCH TASK.

7


THE AUTHORIZED PHYSICIAN OF THE BUREAU OF
CORRECTIONS, AFTER THOROUGH EXAMINATION, SHALL
OFFICIALLY MAKE A PRONOUNCEMENT OF THE CONVICT’S DEATH
AND SHALL CERTIFY THERETO IN THE RECORDS OF THE BUREAU OF
CORRECTIONS.

THE DEATH SENTENCE SHALL BE CARRIED OUT NOT
EARLIER THAN ONE (1) YEAR NOR LATER THAN EIGHTEEN (18)
MONTHS AFTER THE JUDGMENT HAS BECOME FINAL AND
EXECUTORY, WITHOUT PREJUDICE TO THE EXERCISE BY THE
PRESIDENT OF HIS EXECUTIVE CLEMENCY POWERS AT ALL TIMES.”

SECTION 25. Implementing Rules and Regulations. - Within thirty (30)
days from the approval of this Act, the Secretary of Justice shall promulgate the
necessary rules and regulations for the effective implementation of this Act.

SECTION 26. Separability Clause. - If any provision or part of this Act
is declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SECTION 27. Repealing Clause. - Republic Act No. 9346, entitled “An
Act the Imposition of the Death Penalty in the Philippines” is hereby repealed. All
other laws, rules, regulations, orders, circulars, and other issuance or parts
thereof, which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SECTION 28. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,