THIRTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
1 
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REPUBLIC OF THE PHILIPPINES 
. .  
S E N A T E  
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
News and reports on escape of prisoners of late have cast doubt on the ability of 
law enforcement agencies and penal institutions to effectively undertake custody of 
inmates and convicts. 
While a number of factors can be singled out if only to explain such despicable 
and unfortunate trend, most notable of which perhaps, would be corruption, exacerbated 
by incompetence, it is recognized that a weak penal justice system is to be blamed for the 
same. 
As it is now, our penal laws do not provide for stricter measures to deter 
widespread prevalence of infidelity cases in the custody of prisoners. For this reason, 
corrupt and incompetent public officials have no qualms about discharging their 
functions well and in fact even abuse the mandate given them. 
The proposed measure aims to amend existing appropriate laws in order to 
provide for effective deterrence measures, particularly prescribing stricter penalties on 
the crime of delivering prisoners from jail and infidelity in the custody of prisoners, as 
provided for in pertinent provisions of the Revised Penal Code. 
While this may not totally address such concern, the proposed measure will 
nonetheless be a critical factor in resolving this predicament. 
Hence, immediate passage of this proposed measure is earnestly sought. 
LUISA “LOI” P. ~ E R C I T O  
ESTFUDA 
Senator 


THIRTEENTH CONGRESS OF THE 
) 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
SENATE 
c!, \ 5" 
S.B. No. 
G, Q. 2 
Introduced by SENATOR LUISA "LOI" P. EJERCITO ESTRADA 
AN ACT 
PRESCRIBING STRICTER PENALTIES ON THE CRIME OF DELIVERING 
PRISONERS FROM JAIL AND INFIDELITY IN THE CUSTODY OF PRISONERS, 
AMENDING FOR THE PURPOSE ARTICLES 156, 223 AND 224 OF REPUBLIC 
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL 
CODE, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Article 156, Chapter Five, Title 3, Book Two of Republic Act No. 
381 5, as amended, otherwise known as the Revised Penal Code, is hereby amended to 
read as follows: 
"ART. 156. Delivering prisoners from jail. - The peiialty of [arresto 
mayor] PRISION MAYOR in its MEDIUM AND maximum periods [to prision 
correctional in its minimum period] OR THE PENALTY NEXT LOWER IN 
DEGREE THAN THAT IMPOSED ON THE PRISONER IN ITS MEDIUM 
AND MAXIMUM PERIODS shall be imposed upon any person who shall 
remove from any jail or penal establishment any person confined therein or shall 
help the escape of such person, by means of violence, intimidation or bribery, 
WHICHEVER IS HIGHER. If other means are used, the penalty of [arresto] 
PRISION mayor IN ITS MINIMUM AND MEDIUM PERIODS OR TWO 
DEGREES LOWER THAN THAT IMPOSED TO THE PRISONER IN ITS 
MEDIUM PERIOD shall be imposed[.], WHICHEVER IS HIGHER. 
If the escape of the prisoner shall take place outside of said 
establisliinents by taking the guards by surprise, the same penalties 
PRESCRIBED IN THE IMMEDIATELY PRECEDING PARAGRAPH shall be 
imposed in their minimum periods. 
SEC. 2. Article 223, Section One, Chapter Five, Title Seven, Book Two of 
Republic Act No. 3815, as amended, otherwise known as the Revised Penal Code, is 
hereby amended to read as follows: 


"PLRT. 223. Conniving with or consenting to evasion. - Any public officer 
who sha1.l consent to the escape of a CONVICT OR DETENTION prisoner in his 
custody or charge, OR WHO SHALL RELEASE SUCH CONVICT OR 
DETENTION PRISONER AND ALLOW HIM TO RETURN TO PRISON OR 
DETENTION 
WITHOUT 
ANY 
PROPER 
COURT 
ORDER 
OR 
AUTHORIZATION shall be punished: 
1. 
By prision [correctional] MAYOR in its medium and maximum periods 
OR THE PENALTY NEXT LOWER IN DEGREE THAN THAT 
IMPOSED ON THE PRISONER, IN ITS MEDIUM AND MAXIMUM 
PERIODS, WHICHEVER IS HIGHER and 
[temporary 
special 
disqualification in its maximum period to perpetual special] PERPETUAL 
ABSOLUTE disqualification, if the fugitive shall have been sentenced by 
final judgment to any penalty. 
2. 
By prision [correctional] MAYOR in its minimum period OR THE 
PENALTY EQUIVALENT TO THAT PRESCRIBED TO AN 
ACCESSORY BASED ON THE CRIME IMPUTED UPON THE 
PRISONER, IN ITS MAXIMUM PERIOD, WHICHEVER IS HIGHER 
and [temporary special] PERPETUAL ABSOLUTE disqualification, 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. 
SEC. 3. Article 224, Section One, Chapter Five, Title Seven, Book Two of 
Republic Act No. 3815, as amended, otherwise known as the Revised Penal Code, is 
hereby amended to read as follows: 
"ART. 224. Evasion through negligence. - If the evasion of the CONVICT 
OR DETENTION 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 penalties of [arresto mayor in its maximum period to 
prisioii correctional in its minimum period] PRISION CORRECTIONAL IN ITS 
MEDIUM AND MAXIMUM PERIODS OR THE PENALTY EQUIVALENT 
TO THAT PRESCRIBED TO AN ACCESSORY BASED ON THE CRIME 
IMPUTED UPON THE CONVICT OR DETENTION PRISONER IN ITS 
MAXIMUM PERIOD, WHICHEVER IS HIGHER and temporary [special] 
AI3 S OLUTE disqualification. 


FOR PURPOSES OF THIS ARTICLE, THE PUBLIC OFFICER 
CHARGED WITH THE CUSTODY OR CONVEYANCE OF THE CONVICT 
OR DETENTION PRISONER IS PRIMA FACIE PRESUMED TO HAVE 
CONSENTED OR CONNIVED TO THE EVASION. 
SEC. 4.' All laws, presidential decrees, executive orders, issuances, and rules and 
regulations, and part thereof, which are inconsistent with the provisions of this Act, are 
hereby repealed or modified accordingly. 
SEC. 5. This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) national newspapers of general circulation. 
Approved, 
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