Republic of the Philippines |
HOUSE OF REPRESENTATIVES \
Quezon City

SIXTEENTH CONGRESS ‘
First Regular Session - -

House Bill No,__3'771.
Introduced by Hon. Joseph Gilbert F. Violago

PLANATORY NOTE
The prime duty of any government is to serve and protect the people.

According to American constitutional experts, "the right to protection was not
merely a matter of constitutional theory, but a doctrine with concrete legal meaning. In
the common law tradition, the protection of the law implied both the recognition of
fundamental rights by law, and the enforcement of such rights by government."

It includes not just the government's duty to protect individuals against violence,
as this duty was understood to include "not only the enforcement of civil and criminal
law with respect to injuries already committed, but also the responsibility to prevent
violence before it occurred." As they described it, it is a most fundamental obligation the
government owed to its citizens.

Although it is admitted that there may be other fundamental duties of the
government, the assertion and recognition of the classical thinkers in affirming that every
member of society has the right to be protected in the enjoyment of life, liberty and
property has never lost its strength and universal acclaim.

Locke's theory of social contract is relevant: "The end of government is to direct
the force of all the subjects of the commonwealth" for the purpose of "preserving the
members of the commonwealth in peace from injury and violence," and as government is
established for this purpose, it is "obliged" to secure every individual's life, liberty, and
propert

Verily, it included the prevention of violence, as well as the arrest, prosecution,
and punishment of offenders, because in the legal tradition, the enactment and.
enforcement of criminal laws was recognized as one of the principal means of assuring
the security of person and property,

This principle is well-recognized and well-entrenched in our system of
constitutional democracy and in our adherence to republican ideals, It is even said that
this is a central doctrine in our Constitution and of our laws.

This proposed bill is in accordance with this solemn duty.

It declares robbery as a heinous crime when committed in banks, banking and
finance institutions, loan and credit facilities, and it imposes the penalty of reclusion


perpetua to death.
It also extends the same application of robbery committed against pawnshops.
But....why include pawnshops?

A pawnshop is defined as a store which offers loans in exchange for personal
property as equivalent collateral. If the loan is repaid in the contractually agreed time
frame, the collateral may be repurchased at its initial price plus interest, If the loan
cannot be repaid on time, the collateral may be liquidated by the pawn shop through a
pawnbroker or second-hand dealer through sales to customers.

Through the years, pawnshops have played a vital developmental role---a ready
and quick access of Juan dela Cruz to credit with affordable transaction costs and easy
requirement of collaterals and a most reliable last resort and dependable alternative for
instant money during times of financial emergency to attend to some very compelling
urgencies.

In the Philippines, pawnshops are widely-known as providers of an additional
source of credit especially for small borrowers left unserved by the banking and other
financial institutions in the country, They also offer various services such as but not
limited to money remittances, bills payment, collections, and ¢-loading services.

Despite the important contributions of pawnshops to the local economy and most
importantly, for the benefit of the citizenry, notably those in the lower strata of society,
government has not rewarded them with adequate incentives for them to generate more
than ample profits to expand capital as easily attained by banks and other financial
institutions.

Further, they are tightly regulated by the Central Bank squeezing further their
limited room to generate profits. Still, they have remained content in continuing their
business and trade and readily available services, as they have always thrived and
flourished even amidst tough economic recessions.

The pawnshops' number one nemesis, however, which had always hurt their
operations are the robberies staged by lawless elements of society. Millions and millions
are lost every year year by pawnshops due to these criminal incidents. The fire and
burglar-proof steel safe to keep pawns and records have not deterred armed robbers as
they easily overpower the often solitary guard of the pawnshop establishment and order
at gunpoint the pawnshop's personnels to open their secure vaults.

Needless to stress, its effects are readily felt by these pawnshops as these lead
serious monetary losses resulting either to a temporary cessation of business operations
or bankruptcy and worse, to an irreversible and unrecoverable financial loss that
effectively pins the owner till he or she is out of business.

An example of this daring robbery by men armed with M-16s on two pawnshops
in Cebu City a few years ago carting away more than P13 million worth of jewelry
which was just one of the series of hold-ups and robberies in pawnshops within Metro
Cebu impelled the Mandaue City Council to urge pawnshops through a resolution to


install closed-circuit television systems (security cameras) and other alarm systems.

In Ilocos Sur, the police had also expressed alarm on the prevalence of robberies
in convenience stores and pawnshops that resulted to bankruptcy of some of them. In
Marikina, more than a hundred pawnshops operating in the area were ordered through a
city ordinance to install CCTVs and alarm devices to curb criminality.

‘These aforementioned measures are laudable as they lend support to law
enforcement operatives in effectively identifying and apprehending the robbery suspects
who are often members of armed notorious criminal syndicates.

But, these are never enough, and even when we consider employing a greater
police visibility in commercial districts and other busy streets of our towns and cities,
there remains an equally crucial, if not an indispensable, recourse to be swiftly taken,

Itis in this light that this bill is being proposed----to give further teeth in deterring
these armed robberies and in furtherance of an avowed state policy "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."

With the inclusion of robbery of this nature in the list of heinous crimes and
consequently, with a graver penalty, its commission could verily be effectively curbed, if
not significantly minimized.

Support and approval for this proposed legislation are hereby earnestly sought,

Ce ee.
SEPH F, VIOLAGO.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRES
First Regular Session

3771

House Bill No. __

AN ACT

DECLARING ROBBERY IN BANKS, GOVERNMENT FINANCING INSTITUTIONS, PAWNSHOPS AND
OTHER ENTITIES OR FACILITIES OFFERING LOANS OR CREDIT AND OTHER FINANCE-RELATED
SERVICES A HEINOUS CRIME, AMENDING FOR THE PURPOSE THE REVISED PENAL CODE OF THE

PHILIPPINES, AS AMENDED, AND FOR OTHER PURPOSES

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

Introduced by Hon. Joseph Gilbert F. Violago

SECTION 1. A new section of Act No. 3815, also known as The Revised Penal Code of the

Philippines, as amended, and in relation to Republic No. 7659 (AN ACT TO IMPOSE THE DEATH PENALTY
ON CERTAIN HEIOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER

‘SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES), is hereby added to read as follows:

Article 295. Robbery with violence against or intimidation of persons; Penalties.--
Any person guilty of robbery with the use of violence against or intimidation of any
person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on
occasion of the robbery, the crime of homicide shall have been committed

THE SAME PENALTY SHALL BE IMPOSED ON ANY PERSON GUILTY OF
ROBBERY OF BANKS, GOVERNMENT FINANCING INSTITUTIONS,
PAWNSHOPS AND OTHER ENTITIES OR FACILITIES OFFERING LOANS
OR CREDIT AND OTHER FINANCE-RELATED SERVICES, NOW HEREIN
DECLARED A HEINOUS CRIME, REGARDLESS OF THE VALUE OF THE
PROPERTY TAKEN AND TH. COMMITTING THE CRIME
WHETHER IT WAS COMMI VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS OR BY THE USE OF FORCE UPON THING

IF THE ROBBERY IS COMMITTED BY A BAND OR BY AN ARMED
SYNDICATE, WHEN BY REASON OR ON OCCASION OF THE ROBBERY,
THE CRIME OF ARSON, RAPE OR MUTILATION IS COMMITTED, THE
MAXIMUM PENALTY SHALL BE CARRIED OUT, SUBJECT TO THE
CURRENT LAW ON THE IMPOSITION OF THE DEATH PENALTY, IF THE
SAME IS COMMITTED BY ANY STAFF OR EMPLOYEE OF THE BANK,
GOVERNMENT FINANCING INSTITUTION, PAWNSHOP OR THE ENTITY



OR FACILITY OFFERING LOANS OR CREDIT AND OTHER FINANCE-
RELATED SERVICES, OR BY ANY MEMBER OF THE ARMED FORCES OF
THE PHILIPPINES, PHILIPPINE NATIONAL POLICE OR ANY MEMBER
OF THE COUNTRY'S LAW ENFORCEMENT AGENCIES, THE SAME.
PENALTY SHALL BE IMPOSED. IN ALL THESE CASES, BAIL SHALL BE
DENIED.

SEC. 2. If any provision of this Act or parts hereof is declared to be unconstitutional, the
remaining provisions not affected thereby shall continue to be in full force and effect.

SEC. 3. All laws, decrees, orders and issuances inconsistent with this Act are hereby
repealed or amended accordingly.

SEC. 4, This Act shall take effect fifteen (15) days following its publication in two (2)
newspapers of general circulation.

Approved.