SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 8 71 
) 
) 
) 
'13 
JUL n !, 3 :! 3 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Section 12 of Article II of the 1987 Constitution expressly provides for the 
recognition of the State of its protection of the life of the mother and the life of the 
unborn from conception. 
In other words, the life of the unborn child is as 
precious as the life of a mother. 
The problem of drug-addiction in the Philippines is an established reality. 
It is now established that fetuses and new-born infants who are drug-exposed as 
a result of mothers who take cocaine and other illegal drugs and substances die 
due to premature birth, face severe physical injuries, may suffer irreversible brain 
damage, or die soon after birth because of the drugs in their bodies. As a result, 
drug prevention education should make this unknown to our Filipino women, who 
are taking or are tempted to take drugs. 
Hence, in order to protect the unborn children and to redress the wrong 
done to them by mothers who take drugs during pregnancy, this bill provides for 
the penalties. 
The approval of this bill is recommended. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
871. 
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) 
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"13 
JUL 17 P 3 :13 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PENALIZING MOTHERS WHO TAKE COCAINE OR OTHER ILLEGAL DRUGS 
DURING PREGNANCY AND THEREBY CAUSE DEATH OR SERIOUS 
PHYSICAL INJURY TO THE UNBORN CHILD OR NEW-BORN AND 
AMENDING ARTICLES 255 AND 264 OF REPUBLIC ACT NO. 3815, AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Article 255 of Republic Act No. 3815, as amended, 
otherwise known as the Revised Penal Code, is hereby amended to read as 
follows: 
"ART. 255. Infanticide. 
Xxx 
"IF THE CRIME PENALIZED IN THIS ARTICLE IS 
COMMITTED BY THE MOTHER BY TAKING COCAINE OR 
OTHER ILLEGAL DRUGS DURING PREGNANCY AND THEREBY 
CAUSES THE DEATH OF THE UNBORN CHILD, OR OF THE 
NEW-BORN, SHE SHALL SUFFER THE PENALTY OF PRISON 
MAYOR: PROVIDED, THAT, THE COURT, IN ITS DECISION, 
MAY COMMIT SAID MOTHER TO A DRUG REHABILITATION 
CENTER UNTIL SHE IS DRUG-FREE AND, THEREAFTER, 
REQUIRE HER TO RENDER COMMUNITY SERVICE FOR THE 
UNSERVED PORTION OF HER SENTENCE IF TO DO SO 
WOULD NOT HARM THE COMMUNITY, AND THERE IS A 
REASONABLE BASIS TO ASSUME THAT SHE WILL NO 
LONGER TAKE DRUGS OR VIOLATE THE CONDITIONS OF 
HER PROVISIONAL RELEASE FOR COMMUNITY SERVICE. 
SHOULD 
SAID· MOTHER 
VIOLATE 
HER 
PROVISIONAL 
RELEASE CONDITIONS BY TAKING DRUGS OR COMMITTING 
ANOTHER CRIME, THE COURT SHALL RECOMMIT HER IN THE 
REHABILITATION CENTER." 
SEC. 2. Article 264 of Republic Act No. 6815, as amended, otherwise 
known as the Revised Penal Code, is hereby amended to read, as follows: 


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"ART 264. Administering injuries substances or beverages. 
xxx 
THE 
PENALTIES 
ESTABLISHED 
BY 
THE 
NEXT 
PRECEEDING ARTICLE SHALL ALSO BE APPLICABLE IN THE 
RESPECTIVE CASE TO A MOTHER WHO, WITHOUT INTENT 
TO KILL, SHALL INFLICT UPON HER NEW-BORN CHILD ANY 
SERIOUS PHYSICAL INJURY, BY TAKING COCAINE OR OTHER 
ILLEGAL DRUGS OR SUBSTANCES DURING PREGNANCY: 
PROVIDED, THAT THE COURT, IN ITS DISCRETION, MAY 
COMMIT SAID MOTHER TO A DRUG 
REHABILITATION 
CENTER UNTIL SHE IS DRUG-FREE AND, THEREAFTER, 
REQUIRE HER TO RENDER COMMUNITY SERVICE IF TO DO 
SO WOULD NOT HARM THE COMMUNITY AND THERE IS A 
REASONABLE BASIS TO ASSUME THAT SHE WILL NO 
LONGER TAKE DRUGS OR VIOLATE THE CONDITIONS OF 
HER PROVISIONAL RELEASE FOR COMMUNITY SERVICE 
WITH 
ALLOWANCE 
FOR 
THE 
TIME 
SPENT 
IN 
THE 
REHABILITATION CENTER." 
SEC. 3. This Act shall take effect upon its approval and publication in at 
least two (2) national newspapers of general circulation. 
Approved,