FIFTEENTH CONGRESS OF THE ) @ Senate
a

REPUBLIC OF THE PHILIPPINES ) Biter ofthe Seevetry
First Regular Session )
“11 JN 27-1025
SENATE
s.no._ 2658

Introduced by Senator Antonio “Sonny” F. 7:

Explanatory Note

Almost eighty (80) years after the Revised Penal Code was initially enacted, there is now a
pressing need to review and revise the Code to become more reflective and responsive to the
changes of the times, In fact, in the 14" Congress, the Philippine Senate recorded seventy-seven
(77) bills proposing amendments while in the 15" Congress, seventy-one (71) bills were filed
proposing the same to the Code.

This Act aims to promote the rule of law as an instrument for the advancement of peace and
order, national security, and sustained development. Toiward this end, the State shall ensure that
criminal laws are clear and coherent; criminal offenses precisely defined; and the entire body of
the nation’s criminal laws easily accessible to all. .

It is therefore imperative for Congress to create a special committee to thoroughly and
comprehensively review the Revised Penal Code. Recodification is necessary as, over time, the
legislative process of amending statutes and the legal process of construing statutes by nature
over time results in a code that contains archaic terms, superseded text, and redundant or
conflicting statutes.

'
In view of the foregoing, the immediate passage of this Act is earnestly sought.

Feat —
ANTONIO “SONNY” F, TRILLANES IV

Senator


10

wn

12

13

14

FIFTEENTH CONGRESS OF THE dy. Senate
REPUBLIC OF THE PHILIPPINES ) & i of ge Sevtary
First Regular Session )

SENATE 1 JAN 27) AIO 25

sno. 2658 | RECEIVED BY: 2

“Introduced by Senator Antonio “Sonny” F, Trillanes1V__\G

AN ACT
CREATING A CODE COMMISSION TO REVIEW AND RECODIFY THE REVISED
PENAL CODE AND OTHER RELATED SPECIAL CRIMINAL LAWS AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Code Commission. - There is hereby created a Code Commission,
hereinafter referred to as the “Commission,” which shall review and recodify the Revised Penal

Code including other related special criminal or penal lavys.

SEC. 2. Composition. — The Commission shall be composed of a Chairman and not more
than ten (10) members to be appointed by the President of the Philippines with the consent of the
Commission on Appointments, as follows: :

(a) Representative, Philippine Judicial Academy, as Chairman;

(b) Representative, Department of Justice, as Vice Chairman;

(©) Representative, Integrated Bar of the Philippines;

(@) Representative, University of the Philippines Law Center,

(e) Two (2) representatives, Association of Law Deans of the Philippines; and

(® Five (5) reputable practicing lawyers or’ professors with extensive knowledge,

training or expertise in criminal laws; as members.


13

14

15

16

a7

18

19

20

2a

22

23

24

25

SEC. 3, Mandate. — It shall be the mandate of the Commission to review and revise all
existing substantive and procedural laws, including jurisprudence relative or pertinent to penal
laws of the Philippines and to codify the same in conformity with the idiosyncrasies of the

Filipino people

SEC. 4, Term of Office. ~ The Commission shall complete its work not later than two (2)
years from the date of approval of this Act, and shall submit to the President of the Philippines a
report of the work undertaken by it together with the corresponding drafts of the code for

submission to the Congress of the Philippines.

SEC. 5. Office. - The Commission shall have its office in Metro Manila or such other
place as may be designated by the Commission, and may hold meetings at such time and place

within the Philippines, as it may provide by order in writing.

SEC. 6. Compensation. - The Chairman shall ‘receive compensation equal to that of a
Department Secretary while the members shall receive compensation equal to that of official
next in rank to that of a Department Secretary.

‘The Chairman and the members of the Commission may receive per diem for every
meeting actually attended at such amount to be fixed by the Commission but not to exceed Two
Thousand (P2,000) Pesos per hour. .

SEC. 7. Appointment of Officials, Employees, etc. - The Chaitman shall appoint
personnel as it may deem necessary in the exercise and performance of its mandate and fix their
salaries or compensation, and to employ the services, by contract or otherwise, of consultants or

any local expert or technical personnel, to provide technical and necessary assistance, conduct


10

a

2

13

14

15

16

7

18

19

20

21

22

23

24

28

26

seminar and trainings relative to codification of criminal laws, and pay reasonable emoluments
for their services.

All other officers or employees, contractual or casual, shall be appointed by the
Chairman, Appointment shall be made only upon merit and fitness and shall be governed by
relevant civil service rules and regulations.

SEC. 8. Other Bureaus, Offices or Agencies. - The Commission is empowered to call
on any official or employee of any bureau, office, and agency or instrumentally of the
government to assist or otherwise extend its cooperation to the Commission in connection with

the performance of its functions to carry out the provisions of this Act.

SEC. 9, Termination. — Upon completion of its:work and the submission of its report not
later than two (2) years from the date of approval of this Act, the Commission shall cease to exist
and the services of the Chairman and the members of the same and all of the employees working

under it shall terminate,

SEC. 10. Records and Documents, ~ All records and documents and proceedings of the
Commission shall be delivered to the National Library for preservation or disposition by the
latter. The other properties of the Commission shall be.disposed of in accordance with existing

auditing and accounting rules and regulations.

SEC. 11. Appropriation. — The sum of Five Million (P5, 000,000.00) Pesos is hereby
appropriated for the initial organization and operation of the Commission. Thereafter, such
amount as may be necessary for its continued operation shall be included in the annual General

Appropriations Act.


SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days following its

publication in at Jeast two (2) national newspapers of general circulation.

Approved,