SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —_)
Second Regular Session ) "1B MAR -1 AIO :26

SENATE
RECEIV cB _ fp
SENATE BILL No. 1721

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
AMENDING ARTICLE 14 OF THE REVISED PENAL CODE TO ADD, AS
AN AGGRAVATING CIRCUMSTANCE, THE CRIME HAVING BEEN
COMMITTED AGAINST LAWYERS AND JUSTICE SECTOR OFFICIALS

EXPLANATORY NOTE
The Constitution, Article II, Section 5 provides:

Section 5. The maintenance of peace and order, the protection of
life, liberty, and property, and promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of
democracy,

We are a nation governed by the rule of law. This principle is based on our
values which state that power is not lodged on any individual ruler but on the people
and on the law. As such, the effective and efficient management of justice is paramount
to our way of life.

‘The courts and the lawyers are the ones tasked to ensure that justice is done. In
the process, they place themselves in harm’s way against people who means to subvert
justice.

The Basic Principles on the Role of Lawyers adopted by the Eighth United
Nations Congress on the Prevention of Crime and the Treatment of Offenders,
provides:

Guarantees for the functioning of lawyers

16. Governments shall ensure that lawyers (a) are able to perform
all of their professional functions without intimidation, hindrance,
harassment or improper interference; (b) are able to travel and to
consult with their clients freely both within their own country and
abroad; and (c) shall not suffer, or be threatened with, prosecution
or administrative, economic or other sanctions for any action taken



in accordance with recognized professional duties, standards and
ethics.

17. Where the security of lawyers is threatened as a result of
discharging their functions, they shall be adequately safeguarded
by the authorities.

In recent years, there has been a spate of killings against members of the legal
profession which should call our government to action to send a clear message against
offenders who specifically target lawyers and court officials.

Alternative Law Journal reported 114 legal professionals were killed between 01
January 1999 and October 2014 ~ four were Judges, eight were Prosecutors and the
rest were lawyers.’

More recent cases involving the killing of lawyers are as follows:

1. On August 2016, Atty. Rogelio Bato, lawyer of Mayor Rolando Espinosa
and suspected drug lord Kerwin Espinosa Jr., was killed in an ambush
in Albuera, Leyte. The ambush happened weeks after P1.9 million worth
of shabu was discovered in a tennis court near the Espinosa residence?;

2. Inthe same month, Atty. Hermie Aban, the handling lawyer for the case
of detained former Governor Joel Reyes, was shot by a gunman aboard
a motorcycle in Palawan. Gov. Reyes was facing murder charges for the
killing of radio broadcaster Dr. Gerry Ortega’;

3. On September 2016, Atty. Melver Tolentino, lawyer of a person currently
involved in a drug case, was shot several times by two (2) men while he
was refuelling at a gasoline station in Ilocos Sur;

4. On February 2017, Atty. Mia Manuelita Mascarinas-Green, known
environmental lawyer who handled property disputes and criminal
cases, was ambushed by four (4) motorcycle-riding gunmen near her
home in Bohols;

empats Law Journal. Retrieved from http://www.altlj.org/news-and-views/the-last-word/833-
act y. Accessed 22 February 2018.

 Rappler.com (24 August 2016). Eastern Visayas lawyers condemn killing of Rogelio Bato Jr.

Retrieved from https://www.rappler.com/nation/144008-eastern-visayas-condemn-lawyer-bato-

Killing. Accessed 22 February 2018.

3 Inquirer. Net (16 August 2017), Lawyer handling drug cases shot dead in Palawan, Retrieved from

-dead-in- - Accessed

22 February 2018.

4 ABSCBN News. (16 September 2016). Lawyer shot dead in Ilocos Sur. Retrieved from

http://news.abs-chn,com/news/09/16/16/lawyer-shot-dead-in-ilocos-sur. Accessed 22 February

2018.

S ABSCBN News. (16 February 2017). Lawyer killed in Bohol shooting incident. Retrieved from
-killed-in- : . Accessed 22

February 2018.



5. On 19 February 2018, Atty. Jonah John Ungab was shot by a lone
gunman riding a getaway motorcycle after attending hearings at the
Cebu City Hall of Justice, including the case of his client, Kerwin
Espinosa Jr.®; and

6. On 16 February 2018, Atty. Argel Cabatbat and his companions survived
an ambush by men on motorcycles while aboard a car at the corner of
EDSA and East Avenue. Two of three suspects were already identified as
dismissed Police Officer Mark Ayeras and John Paul Napoles’,

Attacks against legal professionals, as in human rights defenders, journalists
and activists, continue to be common practice because suspects “are rarely caught.” 8

Various human rights groups and lawyer organizations have expressed alarm
over the recent incidents saying that these attacks are attacks against the legal
profession and the judicial system. There is a clear need to amend existing law to
establish a clear government policy to protect our justice system and the persons
tasked to administer justice.

This bill aims to protect the members of the legal profession and the justice
sector officials by increasing penalty against crimes committed against them.

ee Ao ha fom
ae M. DE LIMA

“SunStar Cebu. (20 February 2018). Motive: 3 angles eyed in attack on Ungab. Retrieved from

589835. Accessed 22 February 2018,

7 GMA News Online (17 February 2018). Lawyer, companions who survived QC ambush may face

criminal raps —police. Retrieved from

http://www gmanetwork.com/news/news/metro/6 awy

-may-face-criminal-raps-polik y/. Accessed 22 February 2018.

* Philippine Star Editorial (21 February 2018). Killing the Defense. Retrieved from

, i ini jitorial-killing- Accessed 22 February

2018.



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SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) "8 MAR -1 AO 26

SENATE
~ RECEIVE SY __
SENATE BILLNO. 1721

Introduced by SENATOR LEILA M. DE LIMA.

AN ACT
AMENDING ARTICLE 14 OF THE REVISED PENAL CODE TO ADD, AS
AN AGGRAVATING CIRCUMSTANCE, THE CRIME HAVING BEEN
COMMITTED AGAINST LAWYERS AND JUSTICE SECTOR OFFICIALS

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

1 SECTION 1. The Revised Penal Code, Art. 14 on Aggravating Circumstances shall be

2. amended adding a new subparagraph after subparagraph 21, as follows:

3 Art. 14. Aggravating circumstances. — The following are
4 aggravating circumstances:

5 XXX

6 21. That the wrong done in the commission of the
7 crime be deliberately augmented by causing other
8 wrong not necessary for its commissions.

9 22, THAT THE CRIME BE COMMITTED
10 AGAINST THE PERSON OR PROPERTY OF
n LAWYERS AND JUSTICE SECTOR OFFICIALS,

12 IN FULFILLMENT OF THEIR DUTY OR IN



THEIR LAWFUL EXERCISE OF A RIGHT OR
OFFICE.

See. 2. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, letters of instruction, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified

accordingly.

See. 3. Effectivity. - This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in two (2) newspapers of general circulation in the

Philippines.

Approved,