Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17"") CONGRESS
First Regular Session

3652

House Bill No.

Introduced by Representative Jose L. Atienza Jr.

EXPALANATORY NOTE

This proposed law is being offered as an alternative to the multiple bills
that seek to reintroduce capital punishment, which has absolutely no place in a
modern and civilized nation such as the Philippines, and which was abolished by
the 13" Congress in 2006

This measure provides for a new punishment called “qualified reclusion
perpetua,” to be imposed as optional sentence -- and in a number of cases the
mandatory sentence -- for hardened criminal offenders.

It is hoped this bill would reinforce the existing maximym penalties of
“reclusion perpetua” in the Revised Penal Code and “life imprisonment” in special
penal laws for persons convicted of certain grave felonies.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17) CONGRESS
First Regular Session

House Bill No. 3652

Introduced by Representative Jose L. Atienza Jr.

AN ACT
DEFINING AND IMPOSING THE PENALTY OF QUALIFIED RECLUSION
PERPETUA ON CERTAIN GRAVE FELONIES, AMENDING REPUBLIC ACT
NO, 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS
AMENDED, 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 Qualified
Reclusion Perpetua Law.

SEC. 2. Declaration of Policy. — \t is hereby declared the policy of the
State to build peace and order and ensure obedience to its authority, protect life,
liberty and property and promote the general welfare that are essential for the
enjoyment by all the people of the blessings of democracy in a just, humanitarian
and civilized society.

SEC. 3. Definition of the Penalty of Qualified Reclusion Perpetua. Any
person sentenced to qualified reclusion perpetua shall be pardoned after
undergoing the penalty of 40 years imprisonment, or upon attaining the age of 70
years old, whichever comes first.

The punishment of 40 years imprisonment shall exclude time spent in
detention prior to the person's conviction of the offense for which he was
sentenced to qualified reclusion perpetua.

Any person sentenced to qualified reclusion perpetua shall not benefit from
any reduction of sentence on account of any good conduct or loyalty allowances
while serving the sentence; shall endure the accessory penalty of providing full
restitution to his victim or victims; and shall suffer all other accessory penalties
imposed by the Revised Penal Code and other special penal laws.

SEC. 4. Imposition of Qualified Reclusion Perpetua. — The penalty of
qualified reclusion perpetua is hereby imposed on heinous crimes, as defined
and enumerated in this Act, amending for the purpose Republic Act No. 3815, as
amended, otherwise known as the Revised Penal Code, and other special penal
laws.

SEC. 5. Article 114 of the Revised Penal Code, as amended, is hereby
further amended to read as follows:


“ART. 144. 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
QUALIFIED RECLUSION PERPETUA 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] QUALIFIED RECLUSION
PERPETUA and shall pay a fine not to exceed 100,000 pesos.”

SEC. 6. Section Three, Chapter One, Title One of Book Two of the
Revised Penal Code, as amended, is hereby further amended to read as follows:

“Section Three. — Piracy and mutiny on the high seas or in Philippine
waters

ART. 122. Piracy in general and mutiny on high seas or in
Philippine waters, — The penalty of reclusion perpetua shall be inflicted
upon any person who, on the high seas, or in Philippine waters, shall
attack or seize a vessel or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo of said vessel, its
equipment or passengers.

The same penalty shall be inflicted in case of mutiny on the high
seas or in Philippine waters.

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

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

& 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.”

SEC. 7. Article 211-A of the Revised Penal Code, as amended, is hereby
further 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 TO
QUALIFIED RECLUSION PERPETUA in consideration of any offer,
promise, gift or present, he shall suffer the penalty for the offense which
was not prosecuted.


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

SEC. 8. Article 246 of the Revised Penal Code, as amended, is hereby
further amended to read as follows:

“ART. 246. Parricide. - Any person who shall kill his father, mother,
or child, whether legitimate of 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 QUALIFIED
RECLUSION PERPETUA.”

SEC. 9. 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 QUALIFIED RECLUSION
PERPETUA if committed with any of the following attendant
circumstances:

4 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;

z In consideration of a price, reward or promise;

3 By means of inundation, fire, poison, explosion, shipwreck,
stranding of vessels, derailment or assault upon a railroad, fall of an
airship, or by means of motor vehicles, or with 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;

5 With evident premeditation;

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

SEC. 10. Article 255 of the Revised Penal Code, as amended, is hereby
further 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 prision 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.”

SEC. 11. Article 266-A and 266-B of the Revised Penal Code, as
amended, is hereby further amended to read as follows

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


4) 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

c) 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
QUALIFIED RECLUSION PERPETUA.

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

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

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

The penalty OF QUALIFIED RECLUSION PERPETUA [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
vocation or calling and his personally known to be such by the
offender before or at the time of the commission of the crime;

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

6) 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 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 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.

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

Whenever the rape is committed with the use of a deadly weapon or
by two or more persons, the penalty shall be prision 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 the reason or on the occasion of the rape, homicide is
committed, the penalty shall 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.”

SEC. 12. Article 267 of the Revised Penal Code, as amended, is hereby
further 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 QUALIFIED RECLUSION PERPETUA:

+t If the kidnapping or detention shall have lasted more than
three days.

2 If it shall have been committed simulating 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. If the 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 perpetua] QUALIFIED RECLUSION
PERPETUA 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.”

SEC. 13. 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:

4 The penalty of reclusion perpetua TO QUALIFIED
RECLUSION PERPETUA, 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 1 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 prision 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
any of the physical injuries covered by subdivisions 3 and 4 of said
Article 263.

5. The penalty of prision correccional in its maximum period to
prision mayor in its medium period in other cases.”

SEC. 14. 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 QUALIFIED RECLUSION PERPETUA shall be imposed upon any
person who shall burn:

A. 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 as, 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 time it is set on the 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 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 QUALIFIED
RECLUSION PERPETUA 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 QUALIFIED RECLUSION
PERPETUA shall also be imposed upon any person who shall burn:

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

a 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] QUALIFIED RECLUSION PERPETUA shall be imposed.”

SEC. 15. Section 2 of the Republic Act No. 7080, as amended, entitled An
Act Defining and Penalizing the Crime of Plunder, is hereby 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 described in Section 1 (d)
hereof in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be
punished by reclusion perpetua TO QUALIFIED RECLUSION PERPETUA.
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 all 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.”


SEC. 16. Sections 4, 5 and 6 of Republic Act No. 9165, as amended,
otherwise known as the Comprehensive Dangerous Drugs Act of 2002, are
hereby further amended to read as follows:

“SEC. 4, Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment
TO QUALIFIED RECLUSION PERPETUA 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 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) shall 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 Chemicals. — The penalty of the
life imprisonment TO QUALIFIED RECLUSION PERPETUA 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 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 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 a mentally incapacitated
individuals as runners, couriers and messengers, 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 mentally incapacitated
individual, or should a dangerous drug and/or 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.

The penalty of twelve (12) years and one (1) day to twenty 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 a Den, Dive or Resort. — The penalty of
life imprisonment TO QUALIFIED RECLUSION PERPETUA 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 person 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] QUALIFIED RECLUSION PERPETUA 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.

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.”

SEC. 17. Section 8 of Republic Act No. 9165, as amended, is hereby
further amended to read as follows:

“SEC. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment
QUALIFIED RECLUSION PERPETUA and a fine ranging 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 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 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;

(c) 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

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. 18. 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 QUALIFIED RECLUSION PERPETUA 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;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or
"shabu",

(6) 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, methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD), gamma hydroxyamphetamine
(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, as
determined and promulgated by the Board in accordance to Section
93, Article XI of this Act.

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 a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), 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, marijuana resin or marijuana resin oil,
methamphetamine 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, marijuana resin
or marijuana resin oil, methamphetamine 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.”

SEC. 19. Section 16 of Republic Act No. 9165, as amended, is hereby
further 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 QUALIFIED RECLUSION PERPETUA 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 greenhouses 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 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.”

SEC. 20. Section 19 of Republic Act No. 9165, as amended, is hereby
amended to read as follows:

“SEC. 19. Unlawful Prescription of Dangerous Drugs. — The
penalty of life imprisonment TO QUALIFIED RECLUSION PERPETUA 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 make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.”

SEC. 21. Section 27 of Republic Act No. 9165, as amended, is hereby
amended to read as follows:

“SEC. 27. Criminal Liability of 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 Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment
Including the Proceeds or Properties Obtained from the Unlawful Act
Committed. - The penalty of life imprisonment TO QUALIFIED
RECLUSION PERPETUA 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.

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.”

SEC. 22. 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 QUALIFIED RECLUSION PERPETUA.”

SEC. 23. Section 14 of Republic Act No. 6539, as amended, otherwise
known as the Ant-Carnapping Act of 1972, is hereby further amended to read as
follows:

“SEC. 14. Penalty for Carnapping. Any person who is found guilty
of carnapping, as this term is defined in Section two of this Act, shall,
irrespective of the value of motor vehicle taken, be punished by
imprisonment for not less than fourteen years and eight months and not
more than seventeen years and four months, when the carnapping is
committed without violence or intimidation of persons, or force upon things;
and by imprisonment for not less than seventeen years and four months
and not more than thirty years, when the carnapping is committed by
means of violence against or intimidation of any person, or force upon
things; and the penalty of life imprisonment TO QUALIFIED RECLUSION
PERPETUA shall be imposed when the owner, driver or occupant of the
carnapped motor vehicle is killed or raped in the course of the commission
of the carnapping or on the occasion thereof.”


SEC. 24. 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

SEC. 25. 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.

SEC. 26. Repealing clause. — All other laws, rules, regulations, orders,
circulars, and other issuances or parts thereof, which are inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation

Approved