Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila fi:

Thirteenth Congress
First Regular Session

HOUSE BILL NO. __ 184

Introduced by Honorable Gilbert C. Remulla

EXPLANATORY NOTE

Articles 223 and 224 of the Revised Penal Code punishes offenses
committed by public officers who are tasked with the custody of prisoners. As
presently crafted, Article 223 (Conniving with or consenting to evasions) imposes
prision correccional in its medium and maximum periods and temporary special
disqualification in its maximum period to perpetual special disqualification,
Article 224 (Evasion through negligence) on the other hand imposes the penalties
of arresto mayor in its maximum period to prision correccional in its minimum
period and temporary special disqualification.

This means that the maximum imposable imprisonment which could be
meted on a conniving or negligent jail guard is prision correccional in its
maximum which translates to six (6) years behind bars. With this relatively light
penalty, the offender, even if found guilty, may even apply for probation.

This “inadequacy” in the penalty imposed on jail guards has led to the
“escape” of some high-profile criminals. Today, the thought of losing one’s job
because a prisoner “escaped” has been minisculed by the windfall which awaits
the jail guard who helps “facilitate” the escape.

By the very nature of their designation, jail guards are expected to act
with zeal and vigilance in keeping a watchful eye upon individuals who have
been segregated from society for acts and omissions which society itself has
deemed not only as reprehensible per se but also warranting the resulting
segregation.

The only way to stem the tide of this occurrence is to make the
consequences of their infidelity to their duty justifiably harsher so that fidelity to
duty would not only be demanded but would already be expected. The passage of
this bill should not strike fear into the hearts of the faithful jail guard who has
remained true to his sworn duty but only to those who succumb to the

temptation to set evil free.
- —
_ GILBERT ©) REMULLA


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

Thirteenth Congress
Second Regular Session

HOUSE BILL NO. _18 4

Introduced by Honorable Gilbert C. Remulla

AN ACT
IMPOSING A HEAVIER PENALTY AGAINST PUBLIC OFFICERS
CHARGED WITH THE CUSTODY OF PRISONERS, AMENDING FOR
THE PURPOSE ARTICLES 223 AND 224 OF THE REVISED PENAL
CODE.

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

SECTION 1. Article 223 of the Revised Penal Code is hereby
amended to read as follows:

“ARTICLE 223. Conniving with or consenting to evasions, — Any
public officer who shall consent to the escape of a prisoner in his
custody or charge, shall be punished:

1.BY THE SAME PENALTY IMPOSED UPON THE
FUGITIVE if the fugitive shall have been sentenced by final
judgment to any penalty.

2, BY A PENALTY LOWER THAN ONE DEGREE TO THE
MAXIMUM PENALTY IMPOSABLE upon the fugitive 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,

ARTICLE 224. Evasion through negligence. ~ If the evasion
of the 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 PENALTY LOWER
THAN ONE DEGREE TO THE PENALTY IMPOSED UPON THE
ESCAPEE.’”

SEC, 2, This Act shall take effect immediately upon its approval

Approved,