THIRTEENTH CONGRESS OF THE REPUBLIC) 
) 
'fl4 
PJjL 10 P4 x? 
OF THE PHILIPPINES 
First Regular Session 
1 
" ., 
e 
...,*_.-..-&.^~ 
i.',:,L* :l%Jf:;: 'tV: 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Act No. 3815 (The Penal Code), Art. 248, does not include in defining and penalizing the 
crime of murder committed under extraordinary circumstances. 
Hence, this bill seeks to amend Act No. 3815 (The Penal Code) by incorporating a new 
subscription, Article 248-A, which defines and penalizes the crime of murder committed under 
extraordinary circumstances. 
This hill is a product of the public hearing conducted by the Committee on Constitutional 
Amendments, Revision of Codes and Laws during the loth Congress. 
Y 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
R;~G i o  ~4:43 
6 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
DEFINING AND PENALIZING THE CRIME OF MURDER COMMITTED UNDER 
EXTRAORDINARY CIRCUMSTANCES AMENDING ARTICLE 2480F THE PENAL 
CODE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 248 of the Penal Code is hereby amended to read as follows: 
‘‘Art. 
248-A. Crime Under Extraordinary Circumstances. - The provision 
of Article 365 of the Penal Code notwithstanding, any person who, while 
operating a motor vehicle in any private or public road, s treet, alley, bridge or 
highway, runs over a pedestrian through negligence or accident, regardless of 
whether or not the pedestrian sustain serious injuries, and who, upon subsequent 
simultaneous discovery thereof, deliberately runs over the same pedestrian for the 
second time, or employs other means, method or forms for the purpose of killing 
or causing the death of the same pedestrian, shall be liable for the.crime of murder 
committed under extraordinary circumstances and shall suffer penalty of: 
(1) RECLUSION PERF’ETUA, if the pedestrian died by reason, or on occasion 
of, the driver’s felonious acts. 
(2) Prision Mayor in its maximum period to Reclusion Temporal in its 
MAXIMUM period if the pedestrian merely suffered physical injuries, despite 
being ran over for the second time; AND 


.. , 
I 
‘ i  
DEFINED IN THIS ACT AND PENALTY OF ONE DEGREE LOWER THAN 
TOSE PROVIDE UNDER THE SAME SUBSECTION, SHALL BE IMPOSED, 
IF IT CAN BE SHOWN THAT SAID OWNERS/OPERATORS DID NOT 
EXERCISE EXTRAORDINARY DILIGENCE IN THE SELECTION AND 
SUPERVISION OF THEIR EMPLOYEES; PROVIDED THAT, IF THE 
MOTOR VEHICLE USED IN COMMITTING THE ABOVEMENTIONED 
CRIME Is R E L T E R D  TO A C o R p o ~ T I o N ,  P m T m R S H p  OR 
ASSOCIATION, HE PENALTY ATTACHED SHALL BE IMPOSED UPON 
ITS PROPRE 0 
AND EMPLOYEES, IF IT CAN LIKEWISE BE 
SHOWN THAT OFFICERS AND EMPOLYEES DID NOT EXERCISE 
EXTRAORDIN ?, Y DILIGENCE IN THE SELECTION AND SUPERVISION 
OF THEIR EMPLOYEES; PROVIDED FURTHER, THAT THE TERM 
“PROPER OFFICERS AND EMPLOYEES’ USED HEREIN SHALL 
INCLUDE, BUT ARE NOT LIMITED TO, THE PRESIDENT, VICE- 
PRESIDENT, 
~ORPORATE SECRETARY, TREASURER, MANAGER, 
ADMINISTRATIVE 
OFFICERS 
AND 
DIRECTORS 
OF 
THE 
CORPORATION, PARTNERSHIP OR ASSOCIATION CONCERNED.” 
SECTION 2. Repeazing CZause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative rule or regulation contrary to o inconsistent with the 
provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 3. Effectivity Clause. - This Act shall effect fifieen (15) days after its 
publication in at least two newspapers of general circulation 
Approved. 
I984