EIGHTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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. 
o ' h ' . -  d  
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S.B. No
SENATE
381
•19 
JUL 11 
P 3 '-4 7
REC!2:'-Lj  I ■ 
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INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
AN ACT
TO IMPOSE THE DEATH PENALTY ON THE HEINOUS CRIME OF 
KIDNAPPING, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, 
AS AMENDED, AND FOR OTHER PI RPOSES
EXPLANATORY NOTE
The recent upsurge in the killing of kidnap victims by terrorists, and the continuing 
distress of Filipinos across social classes over the safety of their family members from kidnap 
for ransom gangs demand prompt action.
Kidnapping crimes, and especially those made for ransom, exchange priceless lives for 
a lesser interest. Kidnappers victimize not only the wealthy, but with increasing incidents now, 
even the ordinary families. At times, kidnapping leads to other crimes, including the violation 
of the chastity or killing of victims.
The menace of kidnapping for ransom has also resulted into an international concern 
for the Philippines as domestic terror groups endanger foreign nationals in their effort to get 
money that can fund more nefarious activities. It has brought shame to the country', and caused 
foreigners, even those with intentions to help our people, to seriously think over their travel to 
the Philippines.
The State is bound to secure its people, and foreign expatriates and tourists that it hosts, 
from the threat of kidnappers. They cannot be allowed to live and work in fear of the criminals.
Against the terrorist kidnappers, the State must strengthen its no-ransom policy with a 
deterring enactment that clearly imposes a penalty approximating the value of the lives that the 
crime endangers.
Therefore, the present bill is being filed separate from similarly intended bills for other 
kinds of crimes in order for the bill to be addressed promptly and independent of more lengthy 
discussion of other crimes.
This will show that the State is deliberate in strengthening its responsibility to secure 
the safety of people in the country against kidnappers.


In view of the foregoing, approval of this bill is earnestly sought
EMM AN U EL uTT’ACQIJ I AO


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
( i f  T 
•
SENATE
S.B. No. 
381
•19 JULll P3-47
INTRODUCED BY: SENA FOR I.M M ANITX D. PACQITAO
AN ACT
TO IMPOSE THE DEATH PENALTY ON THE HEINOUS CRIME OF 
KIDNAPPING, AMENDING FOR THAT PURPOSE THE REV ISED PENAL LAWS, 
AS AMENDED, AND FOR OTHER PURPOSES
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Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled:
Section 1. 
Declaration of Policy. -  It is hereby declared the policy of the State to foster 
and ensure not only obedience to its authority, but also to adopt such measures as would 
effectively promote the maintenance of peace and order, the protection of life, liberty and 
property, and the promotion of the general welfare which are essential for the enjoyment by 
all the people of the blessings of democracy in a just and humane society;
Section 2.
as follows:
Article 267 of the Revised Penal Code, as amended, is hereby amended to read
“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 death:
1. 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 tlie 
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 of death shall be imposed 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.


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The penalty of death shall be imposed where the kidnapping or 
detention was committed to further any act or purpose of insurgency against 
the State, 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.”
Section 3.
as follows:
Article 27 of the Revised Penal Code, as amended, is hereby amended to read
“Art. 27. Reclusion perpetua. -  The penalty of reclusion perpetua shall 
be from twenty years and one day to forty years.
Reclusion temporal. -  The penalty of reclusion temporal shall be from 
twelve years and one day to twenty years.
Prision mayor and temporary disqualification. -  The duration of the 
penalties of prision mayor and temporary disqualification shall be from six 
years and one day to twelve years, except when the penalty of disqualification 
is imposed as an accessory penalty, in which case, it shall be that of the 
principal penalty.
Prision correccional, suspension, and destierro. -  The duration of the 
penalties of prision correccional, suspension, and destierro shall be from six 
months and one day to six years, except when the suspension is imposed as an 
accessory penalty, in which case, its duration shall be that of the principal 
penalty.
Arresto mayor. -  The duration of the penalty of arresto mayor shall be 
from one month and one day to six months.
Arresto menor. -  The duration of the penalty of arresto menor shall be 
from one day to thirty days.
Bond to keep the peace. -  The bond to keep the peace shall be required 
to cover such period of time as the court may determine.”
Section 4. 
Article 47 of the same Code is hereby amended to read as follows;
Art. 47. In what cases the death penalty shall not be imposed; 
Automatic review of the Death Penalty Cases. -  The death penalty shall be 
imposed in all cases in which it must be imposed under existing laws, except 
when the guilty person is below eighteen (18) years of age at the time of the 
commission of the crime or is more than seventy years of age or when upon 
appeal or automatic review of the case by the Supreme Court, the required 
majority vote is not obtained for the imposition of the death penalty, in which 
cases the penalty shall be reclusion perpetua.


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In all cases where the death penalty is imposed by the trial court, the 
records shall be forwarded to the Supreme Court for automatic review and 
judgment by the Court en banc, within twenty (20) days but not earlier than 
fifteen (15) days after promulgation of the judgment or notice of denial of any 
motion for new trial or reconsideration. The transcript shall also be forwarded 
within ten (10) days from the filing thereof by the stenographic reporter.”
Section 5. 
follows ;
Article 62 of the same Code, as amended, is hereby amended to read as
“Art. 62. Effects of the attendance of mitigating or aggravating 
circumstances and of habitual delinquency. -  Mitigating or aggravating 
circumstances and habitual delinquency shall be taken into account for the 
purpose of diminishing or increasing the penalty in conformity with the 
following rules;
1. Aggravating circumstances which in themselves constitute a crime 
specially punishable by law or which are included by the law in defining a 
crime and prescribing the penalty therefor shall not be taken into account for 
the purpose of increasing the penalty.
1(a). When in the commission of the crime, advantage was taken by 
the offender of his public position, the penalty to be imposed shall be in its 
maximum regardless of mitigating circumstances.
The maximum penalty shall be imposed if the offense was committed 
by any group who belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a group of two or more 
persons collaborating, confederating or mutually helping one another for 
purposes of gain in the commission of any crime.
2. The same rule shall apply with respect to any aggravating 
circumstances inherent in the crime to such a degree that it must of necessity 
accompany the commission thereof
3. Aggravating or mitigating circumstances which arise from the moral 
attributes of the offender, or from his private relations with the offended party, 
or from any other personal cause, shall only serve to aggravate or mitigate the 
liability of the principals, accomplices and accessories as to whom such 
circumstances are attendant.
4. The circumstances which consist in the material execution of the act, 
or in the means employed to accomplish it, shall serve to aggravate or mitigate 
the liability of those persons only who had knowledge of them at the time of 
the execution of the act or their cooperation therein.
5. Habitual delinquency shall have the following effects :


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(a) Upon a third conviction the culprit shall be sentenced to the penalty 
provided by law for the last crime of which he be found guilty and to the 
additional penalty of prision correccional in its medium and maximum 
periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the 
penalty provided for the last crime of which he be found guilty and to the 
additional penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced 
to the penalty provided for the last crime of which he be found guilty and to 
the additional penalty of prision mayor in its maximum period to reclusion 
temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two 
penalties to be imposed upon the offender, in conformity herewith, shall in no 
case exceed 30 years.
For purposes of this article, a person shall be deemed to be a habitual 
delinquent, if within a period of ten years from the date of his release or last 
conviction of the crimes of serious or less serious physical injuries, robo, 
hurto, estafa or falsification, he is found guilty of any of said crimes a third 
time or oftener.
Section 6.
follows :
Article 81 of the same Code, as amended, is hereby amended to read as
“Art. 81. When and how the deatli penalty is to be executed. -  The 
death sentence shall be executed with preference to any other and shall consist 
in putting the person under sentence to death as may be provided by law. The 
death sentence shall be executed under the authority of the Director of Prisons, 
endeavoring so far as possible to mitigate the sufferings of the person under 
the sentence during the execution of the sentence as well as during the 
proceedings prior to the execution.
If the person under sentence so desires, he shall be anesthetized at the 
moment of the execution.
The death sentence shall be carried out not later than one (1) year after 
the judgment has become final.”
Section 7. Article 83 of the same Code is hereby amended to read as follows:
“Art. 83. Suspension of the execution of the death sentence. -  The 
death sentence shall not be inflicted upon a woman while she is pregnant or 
within one (1) year after delivery, nor upon any person over seventy years of 
age. In this last case, the death sentence shall be commuted to the penalty of 
reclusion perpelua with the accessory penalties provided in Article 40.


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In all cases where the death sentence has become final, the records of 
the case shall be forwarded immediately by the Supreme Court to the Office of 
the President for possible exercise of the pardoning power.”
Section 8. 
Republic Act No. 9346 is hereby repealed. All other laws, presidential decrees 
and issuances, executive orders, rules and regulations or parts thereof inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly.
Section 9. 
If, for any reason or reasons, any part of the provision of this Act shall be held 
to be unconstitutional or invalid, other parts or provisions hereof which are not affected 
thereby shall continue to be in full force and effect.
Section 10. 
This Act shall take effect fifteen (15) days after its publication in two (2) 
national newspapers of general circulation. The publication shall not be later than seven (7) 
days after the approval hereof.
Approved,