Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3518

Introduced by HONORABLE ROMEO M. ACOP

EXPLANATORY NOTE

With a prison population total of more than 165,000,the Philippines ranks
as sixth in Asia’ and eleventh in the entire world? as the country with the
greatest number of incarcerated individuals. Relevant to the discussion as
regards the growing number of prisoners going in jail each year is the issue of
prisoners going out of jail by means of escaping.

Act No. 3815, as amended, otherwise known as the Revised Penal Code
(RPC) provides penalties for the crimes of delivering prisoners from jail (Article
156), conniving with or consenting to evasion (Article 223), and evasion through
negligence (Article 224). Regrettably, however, the existing penalties prescribed
there for are inadequate and ineffectual to be considered a deterrent.

It is high time that stringent measures be taken against law officers
entrusted with the custody and detention of prisoners, whether detention
prisoners or prisoners serving sentence. As aptly quoted by the Supreme Court in
the 1988 case of Bondoc v. Sandiganbayan,*(Vjaxity and negligence in the
performance of their duties resulting in the mysterious escapes of notorious
criminals have become common news items, involving as it does the suspicion
that monetary considerations may have entered into the arrangements which led
to the successful escape of such notorious criminals [...] No quarters should be
extended to such kind of law officers who, deliberately or otherwise, fail to live up
to the standard required of their duties, thus directly contributing not only to the
clogging of judicial dockets but also to the inevitable deterioration of peace and
order.”

It bears emphasis that the foregoing statement, which was considered
relevant and timely then, remains to be so, more than three decades later.

Hence, this measure seeks to amend the pertinent provisions of the RPC

‘World Prison Brief. Highest to Lowest - Prison Population ‘Total (Per Region). Available at:
https://www.prisonstudies.org/ highest to-Lowest prison-population-total?field_region taxonomy. tid=16.

2 World Prison Brief. Highest to Lowest - Prison Population Total (Entire World), Available at:
hitps://www.prisonstudies.org/highest-to-lowest/ prison-population-total?field_region_taxonomy_tid~All

» Alfredo Rodillasy Bondoc v. The Honorable Sandiganbayan, et al, G.R. No, L-58652, 20 May 1988.



and impose higher penalties upon a public officer who shall: consent to the
escape of the convict or detainee in his custody;release and allow the return to
prison or detention of a convict or detainee without proper court order or
authorization; or, when through the negligence of the officer charged with the
conveyance or custody of the convict or detainee, the latter is able to evade
detention. An increase in the penalty is likewise sought upon any person who
shall remove from jail or penal establishment any person confined therein or shall
help their escape by means of violence, intimidation or bribery.

This proposed legislation was previously filed in the 15", 16%, 17%, and
18" Congress and was passed by the House of Representatives on Third Reading.
In the first three instances, it was transmitted to the Senate for its concurrence
but was never enacted into law due to lack of material time. In the last Congress,
it was pending with the Committee on Revision of Laws.

This Representation now seeks to refile this measure in the hope that it will
finally be enacted into a law in the current Congress as it is relevant to the
government's bout against criminality in the country.

For the foregoing reasons, the immediate approval of this proposed

measure is earnestly sought.
(ON. ROMEO M. ACOP

Representative
2nd District, Antipolo City


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

~~ 3518

HOUSE BILL NO.

Introduced by HONORABLE ROMEO M. ACOP

AN ACT
PRESCRIBING STIFFER PENALTIES FOR THE CRIMES 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
OF THE PHILIPPINES”
Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Article 156, Chapter 5, Title Three, Book Two of Act No. 3815, as
amended, otherwise known as the “Revised Penal Code of the Philippines,” is

hereby amended to read as follows:

“ARTICLE 156,Delivering prisoners from jail. - The penalty of [arresto
‘nayor] PRISION MAYOR in its MEDIUM AND maximum period [to
prison-correecionalin_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 jail or 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 [a*reste] 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 {j, 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 period.”

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 of the

Philippines”, is hereby amended to read as follows:

“ARTICLE 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 PRISON OR DETENTION WITHOUT

ANY PROPER COURT OR AUTHORIZATION shall be punished:

1. By prision [correccional] 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 HIGHER and [temporary
special_disqualification_in—its maximum peried—to—perpetual
special] PERPETUAL ABSOLUTE disqualification, if the fugitive

shall have been sentenced by final judgment to any penalty.

2. By prision |correccional] MAYOR in its minimum period OR
THE PENALTY EQUIVALENT 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.

3. BY RECLUSION PERPETUA AND PERPETUAL ABSOLUTE
DISQUALIFICATION, IF THE FUGITIVE WHO IS HELD AS A
DETENTION PRISONER OR CONVICT HAS BEEN CHARGED
FOR OR CONVICTED OF ANY CRIME PENALIZED BY

RECLUSION PERPETUA TO DEATH.”

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 of the

Philippines”, is hereby amended to read as follows:


“ARTICLE 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
[arrest in_its-maximum_period_to_pris ionalin—its
minimum-peried] PRISION CORRECCIONAL IN ITS MEDIUM AND

MAXIMUM PERIODS OR THE PENALTY EQUIVALENT 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.”

SECTION 4. Repealing Clause — All laws, executive orders, administrative
orders, rules and regulations or parts thereof which are inconsistent with this Act

are hereby amended, repealed or modified accordingly.

SECTION 5. Effectivity — This Act shall take effect fifteen (15) days after the

completion of its publication in the Official Gazette or in at least two (2)

newspapers of general circulation.

Approved,