Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

COMMITTEE REPORT NO.

Submitted by the Committee on Revision of Laws on

Re House Bill No. 4574
Recommending its approval in substitution of House Bill No, 800

Sponsors : Representatives Marlyn L. Primicias-Agabas and Mare Douglas
IVC. Cagas

Mr. Speaker:

‘The Committee on Revision of Laws to which was referred House Bill No. 800,
introduced by Rep. Marc Douglas IV C. Cagas, entitled:

“AN ACT AMENDING PERTINENT PROVISIONS OF ARTICLE 310 OF ACT NO
3815. OTHERWISE KNOWN AS THE REVISED PENAL CODE OF THE
PHILIPPINES (AN ACT REVISING THE PENAL CODE AND OTHER PENAL
LAWS) 8Y SUPPLANTING THEREFROM, AS AN INTEGRAL PART THEREOF,
THE SPECIFIC PROVISIONS RELATIVE TO THE CRIME OF QUALIFIED THEFT
OF COCONUTS FROM THE PREMISES OF A PLANTATION, AND BY VIRTUE
HEREOF, IS HEREBY CREATED, SUB-ARTICLE 310-A WHICH SPECIFICALLY
PENALIZES SAID CRIME.”

has considered the same and recommends that the attached House Bill No
~_ = A574 entities
“AN ACT RATIONALIZING THE PENALTIES FOR THE THEFT OF COCONUTS,
AMENDING FOR THE PURPOSE ARTICLE 310 OF REPUBLIC ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE "REVISED PENAL CODE.”

be approved in substitution of House Bill No. 800, with Reps. Marc Douglas !V C. Cagas
and Marlyn L. Primicias-Agabas as authors thereof.

Respectfully submitted,

/, .
MARI L. Ping nas

Chairperson


1 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS
First Regular Session

. 4574
HOUSE BILLNO.
in substitution of House Bill No. 600

Introduced by Representatives Marc Douglas IV C. Cagas
and Marlyn L. Primicias-Agabas

ANACT
RATIONALIZING THE PENALTIES FOR THE THEFT OF COCONUTS, AMENDING FOR
THE PURPOSE ARTICLE 310 OF REPUBLIC ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE “REVISED PENAL CODE”

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

Section 1. Aricle 310 of Republic Act No. 3815, as amended, is hereby further
amended to read as follows:

Art. 310. Qualified theft. - The crime of theft shall be punished
by the penalties next higher by two degrees than those respectively
specified in the next preceding articles, if committed by a domestic
servant, or with grave abuse of confidence, or if the property stolen is
motor vehicle, mail matter or large cattle or consists of [ coconuts
taken from the premises of a plantation] fish taken from a
fishpond or fishery, or if the property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance.

IF THE PROPERTY STOLEN CONSISTS OF COCONUTS
TAKEN FROM THE PREMISES OF A PLANTATION THE

FOLLOWING PENALTIES SHALL BE IMPOSED:


1 A) ARRESTO MAYOR IN ITS MAXIMUM PERIOD,

2 REGARDLESS OF THE TOTAL NUMBER AND VALUE OF THE
3 COCONUT STOLEBN;
4 B) PRISION CORRECCIONAL IN ITS MINIMUM PERIOD iF

THERE ARE OTHER PRODUCTS OF THE SOIL TAKEN ASIDE

6 . FROM COCONUTS;
7 Cc) PRISION CORRECCIONAL IN iTS MEDIUM PERIOD IF ON
g THE OCCASION OF TAKING THE COCONUTS THERE ARE
9 TREES FELLED OR THE BARKS THEREOF DESTROYED; AND

10 D) PRISION CORRECGIONAL IN [TS MAXIMUM PERIOD IF ON

IE THE OCCASION OF TAKING THE COCONUTS THERE ARE

12 OTHER PRODUCTS OF THE SOIL STOLEN AND TREES ARE
13 FELLED OR BARKS THEREOF DESTROYED.”
14 Section 2. This Act shall take effect fifteen (15) days after its publication in the

15 Official Gazette or in two (2) national newspapers of general circulation.

16 Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

COMMITTEE ON REVISION OF LAWS

MINUTES OF THE MEETING OF THE COMMITTEE ON REVISION OF LAWS HELD ON 16 MARCH

2011, WEDNESDAY,

(AM. AT THE CONFERENCE ROOM 9 & 10 MITRA SUILDING, HOUSE

OF REPRESENTATIVES

CALL TO ORDER

The Honorable Mercedes K. Alvarez, Senior Vice-Chairperson of the Committee on
Revision of Laws called the meeting to order at 9:30 AM.

ROLL CALL
On motion duly seconded, the calling of the rol! was dispensed with.
READING/APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

On motion duly seconded, the reading of the minutes of the previous meeting of the
Committee was dispensed with and subsequently approved

APPROVAL OF THE ORAFT BILLS CONSIDERED BY CORRESPONDING TECHNICAL
WORKING GROUPS (TWG).

‘On motion duly seconded, the following bills were approved subject to style:

«Revised Committee Report on HB No. 800, Rationalizing the penalties for the theft of
coconuts in the premises of ptantation,

© Technical Working Group Report in substitution of House Bill Nos. 487, 1496. 2611.
2894, 1027, and 3423: Amending the Juvenile Justice Act, and

© Technical Working Group Report in substitution of House Bill Nos. 700, 2019. 3344,
2020, 3345, 2433, and 3346: Creating the Code Commission of the Philippines.

The body approved the motion for the co-authorship of the following members on
measures creating the Philippine Code Commission. to wit, Representatives Mercedes K.
Alvarez, Yevgeny Vincente Emano. Caroi Jane B. Lopez, Cesar Sarmiento, and Mylene
Garcia-Albano,

Thereon, the Presiding Officer instructed the Committee Secretariat to prepare the
corresponding Committee Reports.

INITIAL CONSIDERATION OF HB NOS. 948 (by Reps. Reynaldo V. Umali, Jorge B. Banal
and Tomas V. Apacible), 1647 (by Rufus Rodriguez, Maximo 8. Rodriguez, Jr. and
Antonio C. Alvarez), 2553 (by Rep. Joseph Victor G. Ejercito) and 2773 (by Rep.
Emmanuel D. Pacquiao} LIMITING REAPPOINTMENT OF PRESIDENTIAL NOMINEES BY-
PASSED BY THE COMMISSION ON APPOINTMENTS.

At the outset, Rep Rufus Rodnguez cited Article 7, Section 16 of the Constitution
mandating the Commission on Appointments (CA) either to confirm or reject presidential
appointments to certain cabinet, foreign diplomat and military positions. According to him. H8
1847 which he authored proposes to further clarify the processes of the said appointments. He
claims that Congress is usually reluctant to reject presidental nominees resulting to bypass or


rejection. This hesitancy to reject outright the nominees of the President had caused problems
more than anyone could imagine. However. despite several bypasses, the president merely
reappoints the same nominee without limitations. This practice of simply reappointing nominees
subverts the principle of confirmation mandated to the Commission on Appointments (CA)

He surmised that this act is affront to the Constitutional principle of check and balance.
He elucidated that HB 1647 further addresses the practice of some nominees to delay the
process by simply delaying the submission of requirements.

On the concern raised by Reps. Batocabe and Sarmiento, Rep. Rodriguez responded
that his bill does not pul restrictions to the absolute power of the president to appoint He
surmised that, it merely puts limit to the practice of reappointing nominees several times. He
said that if 2 nominee had been by-passed by CA twice within 2 certain period, the two strike-
rules shall apply. Hence, the act of CA to set aside the nomination twice would already be
considered as 2 rejection, In such a situation, the presidents’ action after rejection of by-pass
would therefore be classified as re-appointment outside of constitutional realm providing
‘absolute power of the president to appoint

Rep. Sarmiento reminded the Body that the Constitution never considered 2 by-pass as
rejection. It only mentions of rejection. So if a nominee had been by-passed by the CA,
technically or legitimately his term as public official stil holds. He added, however, that since
the matter is a legitimate concern, he is certain the Supreme Court would find a way to interpret
the said provision to the favor of the common good.

As a followup, Rep. Batocabe added thet the measures at hand could still be
harmonized and the power of the President to appoint is absolute and could only be restricted

by the CA and not by passage of a special law because, otherwise, It would be Susceptible to
constitutional attack,

Rep. Ejercito, author of HB 2553 stated that his proposal reinforces the powers of the
CA. Moreover, it curbs the practice of appointing officials in an acting capacity in order to
‘eschew the process of confirmation in the GA.

Mr. Ronald Geron, Assistant Executive Secretary of the Office of the President
disclosed that the President while serwng as Senator in the last Congress sponsored Senate
Bit 1719 with simitar import as HB 2553 of Rep. Ejercito. However, he also put forward a
thought that CA had a mandate to set its own Tules and procedure to ensure the check and
balance between the executive and the legislature are in place

Further, Mr. Geron deems it proper for the Committee to demarcate when by-pass
should be considered. He reminded the Body that Congress adjoums three times during one
full term of the House of Representatves. He quantihed the three regular sessions culminates
during cine-die. Hence, must be considered as vital contention in determining when bypasses
oF rejection would be assumed, The bill according to him should be able to resolve the
parameter in which @ by-pass is technically in effect He assured the Body that the executive
branch would always respect and abide by the wisdom of the legislative branch

Rep. Fua adverted to Article VI Section 18 of the Constitution stating that the
Commission on Appoiniments shall act on all the appointments within 30 session days of
Congress from their submission. If CA fated to act within the stipulated time (30 session days),
the appointment is therefore estopped preventing CA to further process the nomination and the
President from issuing reappointments. He contended that in such occurrence, the appointment
could already be considered automatically rejected.

‘On that note, Mr. Geron explained that CA is not really compelled to approve of reject
appointments within 30 session days upon receipt but merely prescribed to consider such
‘submission on of before the stipulation expires. Otherwise, CA would not be able to consider
substantial number of submissions. Considering the number of applicants being processed for
confirmation, the process by which CA canducts confirmation involves investigation. research


‘and cotlection of testimonies and evidences and other measures to effectively carry out their
mandate.

Rep Umali explained that his bill does not limit the power of the president to appoint but
provides the parameter to rationalize the rules and procedure of CA. He agreed with Rep
Batocabe that it is possible that CA could be persuaded to amend its rules of procedure in
accordance with the suggestions ar provisions inculcated in the measures being considered by
the Committee. Such action according to him would save time, effort, and money

Rep. Sarmiento suggested that there is a need for the committee to clarify the
distinction among the lerms by-pass, rejection, disapproval, appointments or even re
appointments. He explained unless clearly defined the terms mentioned could be
interchangeably interpreted that could be subjected to severel interpretations and court
procedures. Likewise, he is aso of the opinion that the Commission on Appointments may be
persuaded to amend its rules of procedure to property address concerns of the bills at hand

The Committee approved the requests of Reps. Mercedes K. Alvarez, Al Francis C.
Bichara, Yevgeny Emano, Orlando A Fua, Ma. Theresa B. Bonoan-David, ané Carol Jane
Lopez to be co-authors of the measures limiting reappointment of presidential nominees by-
passed by the Commission on Appointments

‘On motion duly seconded, @ technical working group to harmonize the above-stated
bills was created with Rep. Joseph Victor E. Ejercito as Chairman.

INITIAL CONSIDERATION OF HB NO. 131 (by Reps. Al Francis C. Bichara, Christopher S.
Co, Rodel M. Batocabe and Alfredo Garbin Jr.) AND HB NO. 241 (by Reps. Pedro P.
Romualdo and Amelita C. Villarosa) ESTABLISHING INFORMATION CARD SYSTEM AND
FILIPINO IDENTIFICATION CARDS.

Rep Bichara explained that his proposat HB No. 131 seeks to institutionalize a natonal
identification {ID} card on @ voluntary basis. He informed the Body that the national ID system
had been proposed in previous Congresses but failed to see the light because of the percewed
danger it imposes to human rights. Human rights advocates were adamant because there is a
possibility that the state wil use the data available to invade privacy and use such for
harassment. He admitted that his proposal is 2 matter of strategy. He is certain that once the
law had been promulgated. Filipinos would realize the benefits of having a national (D.

He added that to make it more accurate it would now be called Voluntary Information
Personal Card (VIP Card), This is aimed to facilitate governmental transactions, cut red tape.
and increase productivity. He expounded that several personal information such as blood type,
tax identification number, or even contact numbers could be incorporated to the ID in order to
maximize its usefulness.

Rep. Romualdo author of HB No. 241 said that his proposal addresses the valid
‘concerns of common people. He said that all Filipinos 18 years old and above shall be issued a
Filipino Identification Card that can be used m transactions that needs identification of the
holder, He added that the ID would be issued free of charge, tamper proof and wilt be updated
every five years.

Further, he said that as of now financial institutions, schools even government
institutions do not honor {D's issued by local government units, postal services or even within
government bureaucracy. This is because allot of these issuances could easily be tampered
wath. This proscription affects the poar severely and had to employ extraordinary means in
order to comply with the requirements of identification Thereon he suggested that the National
Statistics Office, being the repository of all our civil documents must be tasked to implement the
national ID system.

Moreover, Rep. Romualdo explained that there is no need for a penal provision on his
bill even it requires compulsory compliance for every Filipinos 18 years old and above. The
penalty would be incorporated to the implementation of the Act as the people who failed to


vil.

vit

secure a national ID would have a hard time in transacting with govemment agencies and
financial institutions.

Ms. Jessica Gambol-Schuck and Mr. Adonis Sulit Legal Officers of the Commission on
Human Rights and the Department of Justice. respectively, indorsed the proposed measures
and volunteered to render their services in the harmonization of both bits.

‘hereon, the Committee approved the motion of Rep. Rodriguez to create a technical
working group to harmanize the provisions of HB Nos. 131 and 241 with Rep. Bichare as its

Chairman and all the authors as members. The Chair invited all the resource persons to join the
Tws.

INITIAL CONSIDERATION OF HE NOS. 3058 {by Rep. Ma. Theresa B. Bonoan-David),
3391 (By Rep. Carol Jane Lopez, Gesar V. Sarmiento, Salvador H. Escudero Mi, et all
AMENDING THE SOLO PARENTS WELFARE ACT

Rep. Bonean-David, author of HB 3391 enlightened the Committee that her proposal
seeks to expand the benefits provided by of RA 8972 otherwise knawn as the Solo Parents
Welfare Act of 2000. She said that additional benefits such as tax exemptions for business
providing basic goods and services would certainly alleviate the plight of solo parents.

Rep. Lopez, author of HB 3058 said that she finds it necessary to provide penalties for
businesspersons and business establishments who refuse to comply with the provisions of RA
8972.

Meanwhile, Rep. Bonoan-David agreed to do away with her propasal for additional
deduction of 50,000 pesos as solo parents. The National Internal Revenue Code already
categorized solo parents as heads of the family. Such classification according to the Presiding
Officer includes personal exemption of 25.000 pesos and additional 8,000 pesos for each child
ofa solo parent. She conveyed that the exemption is sufficient to help the solo parent

‘On motion duly seconded, the Committee approved the consolidation of House Bill Nos.
3058 and 3391 with Congressman Emano as a co-author.

Thereon the Presiding Officer instructed the Committee Secretariat to prepare the
necessary committee report

INITIAL CONSIDERATION OF HB NO. 4073 (by Rep. Mylene J. Garcia-Albano)
DECLARING WALING-WALING AS THE NATIONAL FLOWER OF THE PHILIPPINES

Rep. Garcia -Aibano, the author of HB No. 4073 explained that the proposal seeks to
repiace sampaguita as the national flower for the following reasons.

4. Sampaguita is not endemic to the Philippines and in fact also the national flower
of Indonesia;

2. Waling-waling is recognized the world over as the queen of orchids and
endemic in the Philippines:

3. Waling-waling truly signifies the traits of Filipinos being world-class in
appearance and resilient and

4. Waling-wating had been a subject of hybrid development that evolved inte many
different species and 2 source of national pride

The presiding officer informed the body that the National Historical institute (NHI)
‘opposes HB 4073. According to NHI, the declaration of sampaguita as national flower had
made its mark culturally and traditionally overtime. NH) suggested that the National Museum be


x

likewise consulted because the said agency has the jurisdiction on matters of national
significance such a¢ deciaration of natonal symbols.

Rep. Garcia-Albano agreed to the suggestion of the Presiding Officer. Rep. Alvarez to
explore the possibilty af declaring both the sampaguita and waling-waling as national flowers of
the Philippines similar to that of indonesia, which had deciared thee species of flowers as their
national flowers.

In deference to the suggestions made by the NHI and the Presiding Officer, the Body
deferred consideration of HB 4073.

INTIAL CONSIDERATION OF THE FOLLOWING NATIONAL HOLIDAY BILLS:

HB No. 355 DECLARING THE CELEBRATION OF NATIONAL CHILDREN’S DAY IN THE
COUNTRY ON THE SECOND SUNDAY OF OCTOBER OF EVERY YEAR (by Rep. Susan A.
Yap, Josephine Veronique R. Lacson-Noel and Eleanor C, Bulut-Begtang)

“The Body agreed to the suggestion of Mr Tristan Flores, Representative of the Council
for Welfare of Children to deciare the National Children’s Month every October of each year’
instead of just focusing the celebration only every second day of October. Mr. Flores contended
the whole month celebration is parallel to the United Nation Children's Month festivity

(On motion, duly seconded HB No. 355 was approved subjectto style.

‘The Committee Secretariat was instructed by the Presiding Officer to prepare the
necessary Committee Report

INTIAL CONSIDERATION AND APPROVAL OF THE FOLLOWING HOLIDAY BILLS:

Representative Emano accepted the suggestion of Rep. Romualdo to change the word
“Araw” inte “Adlaw” in all his locat bitis declaring nonworking holidays in various
municipalities of the Province of Misamis Onental

On motion duly seconded the following bills declaring holidays in various localities were
approved subject to style

a) HBNo.1144 DECLARING NOVEMBER 22 OF EVERY YEAR AS A SPECIAL
NONWORKING HOLIDAY IN THE PROVINCE OF SULTAN KUDARAT (by
Rep. Raden C. Sakaluran)

b) HBNo. 1908 ~~ DECLARING JULY 29 OF EACH YEAR AS "ARAW NG VILLANUEVA®
AND SPECIAL NONWORKING HOLIDAY iN THE MUNICIPALITY IN ORDER:
TO COMMEMORATE THE FOUNDING ANNIVERSARY OF THE SAID
MUNICIPALITY (by Rep. Yevgeny Vincente B. Emano)

¢) HBNo.1909 DECLARING SEPTEMBER 1 OF EACH YEAR A"ARAW NG JASAANT
[AND SPECIAL NONWORKING HOLIDAY IN THE MUNICIPALITY IN ORDER
TO COMMEMORATE THE FOUNDING ANNIVERSARY OF THE SAID
MUNICIPALITY (by Rep. Yevgeny Vincente 8. Emano)

d)  HBNo.1310 DECLARING JULY 22 OF EACH YEAR AS “ARAW NG CLAVERIA”
AND SPECIAL NONWORKING HOLIDAY IN THE MUNICIPALITY IN ORDER
TO COMMEMORATE THE FOUNDING ANNIVERSARY OF THE SAID
MUNICIPALITY {by Rep. Yevgeny Vincente B. Emano)

2} HBNo.1912 DECLARING JULY 12 OF EACH YEAR “ARAW NG LIBERTAD" AND
‘SPECIAL NONWORKING HOLIDAY IN THE MUNICIPALITY IN ORDER TO



ty

9

Dy

»

COMMEMORATE THE FOUNDING ANNIVERSARY OF THE SAID
MUNICIPALITY (by Rep. Yevgeny Vincente B. Emano)

HB No. 1916 — DECLARING AUGUST 18 OF EACH YEAR "ARAW NG ALUBIJID
AND SPEGIAL NONWORKING HOLIDAY IN THE MUNICIPALITY IN OROER
TO COMMEMORATE THE FOUNDING ANNIVERSARY OF THE SAID
MUNICIPALITY (by Rep. Yevgeny Vincente 8 Emano)

HB No. 2436 DECLARING AUGUST 15 AS “ARAW NG BULACAN’ AND A SPECIAL
NON-WORKING HOLIDAY IN THE PROVINCE OF BULACAN IN
COMMEMORATION OF ITS FOUNDATION ANNIVERSARY (by Rep. Josesto
Andrew R. Mendoza)

HB No. 2335 DECLARING EVERY FOURTH DAY OF NOVEMBER AS A SPECIAL
NON-WORKING HOLIDAY IN THE PROVINCE OF QUEZON (by Rep Wilfndo
M. Enverga)

HB No. 2617 DECLARING SEPTEMBER 7 OF EVERY YEAR AS A SPECIAL NON-
WORKING HOLIDAY IN THE CITY OF CAVITE, PROVINCE OF CAVITE TO
COMMEMORATE THE FOUNDATION ANNIVERSARY OF THE CITY OF
CAVITE (Rep. Joseph Emilio A. Abaya)

HB No. 2912 DECLARING OCTOBER 16 OF EVERY YEAR AS CALBAYOG CITY
CHARTER DAY AND A SPECIAL NONWORKING HOLIDAY IN THE CITY (by
Rep. Mel Senen S. Sarmiento)

XI. ADJOURNMENT

There beng no other matiers to be discussed the meeting was adjourned at 1.30 P M1

Thereby certily to the correctness of the foregoing

Prepared by

romuhioo STA. CLARA
SLSO I

Noted by

Q

“ol he Le

DAVID CLARENCE M. COSALAN
Committee Secretary


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

800

HOUSE BILL NO.

Introduced by REP. MARC DOUGLAS IV C. CAGAS

EXPLANATORY NOTE

Criminal statutes must always be attuned to the changing of the times. While it may
not be gainsaid that punitive laws are designed to strike hard and fatal blows to effectively
deter the commission of felonies and promote peace and order, this anecdote does not
always hold water. Judicial machinery must be rightfully enforced and interpreted. The
government's effort to strictly implement the rule of law, under the guise of promoting the
highest interest of justice does not only entail bringing to fore lawless elements to square
play and impose justice's fierce might. Justice should afford every party what is proper and
right under the circumstances, taking into account the dynamism of the times. Justice
must be ever-changing. Justice must be for all. Justice is not only for the oppressed, it
should be accustomed to the time honored-principle that the welfare of the people is the
supreme law, so should it be delivered, to guilty or innocent alike.

It is well established in both law and jurisprudence that even the worst of criminals
still enjoy their constitutionally guaranteed rights. Even in cases of reasonable doubt,
courts are sometimes called upon to tilt the balance in favor of the accused to afford him =
fair chances of correction under the guiding light of reformative justice. Despite a clear and
convincing evidence of guilt, if the penalty prescribed for the atrocity committed is
unconscionably harsh, the same must be scrutinized. In this jurisdiction, our legal system.
truly adopts parity of rights between the victims and the offenders. Save except for a
number of civil and political rights sanctioned by the penalty of civil interdiction and
deprivation of liberty in certain cases, convicts, like ordinary citizen should not at all be
deprived of the state’s helping hand.

The crime of theft in general, has long been frowned upon and penalized in almost
all customary and legal jurisdictions. Stealing, under Philippine setting has been forbidden
even prior to the inception of the Revised Penal Code. It has been regarded not only as a
crime against humanity; it is a crime against God. As a matter of fact, origins of this
mandate could very well be traced in that miraculous event that transpired in Mt. Sinai
during the Hebrew emancipation.


On the other hand, during the early 1950’s up to the late 1970’s, the Philippine
economy depended largely on its natural resources. It was this economic dependency that
prompted the Philippine Government to enact legislative measures to curb the hindrance
to agricultural growth, paving way to a more or less steady escalation of sustainable
development in Philippine economy. An offshoot of which is the creation of the Philippine
Coconut Authority to promote the coconut production industry and the protection of all
coconut trees and its by-products. To strengthen the government’s advocacy, stealing of
coconuts inside a plantation has been penalized and was incorporated as one of the
prohibited acts under the crime of Qualified Theft under Article 310 of the Revised Penal
Code.

Be that as it may, those convicted of this crime would suffer a penalty two degrees
higher than that of ordinary theft, increasing the period of confinement of those convicted
to 1g years. So harsh a penalty, especially so considering that there is no difference as to
culpability, in regard to the number of coconuts stolen, in order to be subjected to its
coverage.

Nowadays, with the abundance of coconuts and coconut plantations, there is a need
for a re-study of the Qualified Theft provision, especially with the setting of extreme
poverty plaguing not only the countryside but the whole nation, a stress should be given
more on the need to protect those who cannot fend off hunger and deprivation. As it were,
this does not mean that those guilty of this crime should be exonerated from criminal
liability, conversely, they should still be meted with the penalty but the same should be
commensurate, attuned to the prevailing circumstances and guided by the principle of
compassionate justice.

This legislative measure therefore, is intended to amend the provisions of the
Revised Penal Code on Qualified Theft, by degrading the penalties prescribed for the crime
of Qualified Theft of Coconuts.

For the foregoing, the expeditious and early passage of this measure is highly solicited.

ZV Close
Mare Douglas IV. €Cagas


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 800

Introduced by REP. MARC DOUGLAS IV C. CAGAS

“AN ACT
AMENDING PERTINENT PROVISIONS OF ARTICLE 310 OF ACT NO.
3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE OF THE
PHILIPPINES (AN ACT REVISING THE PENAL CODE AND OTHER
PENAL LAWS) BY SUPPLANTING THEREFROM, AS AN INTEGRAL.
PART THEREOF, THE SPECIFIC PROVISIONS RELATIVE TO THE
CRIME OF QUALIFIED THEFT OF COCONUTS FROM THE PREMISES
OF A PLANTATION, AND BY VIRTUE HEREOF, IS HEREBY CREATED,
SUB-ARTICLE 310-A WHICH SPECIFICALLY PENALIZES SAID
CRIME”.

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

Section 1. Article 310 of the Revised Penal Code is hereby amended to read

as follows;

Art. 310 — Qualified Theft - The crime of
theft shall be punished by the penalties next
higher by two degrees than those
respectively specified in the next preceding
article, if committed by a domestic
servant, or with grave abuse of
confidence, or if the property stolen is
motor vehicle, mail matter or large
cattle or, fish taken from a fishpond
or fishery or if property is taken on
the occasion of fire, earthquake,
typhoon, volcanic eruption, or any
other calamity, vehicular accident or
civil disturbance.


‘The act of taking/stealing of coconuts from the premises of a plantation, as it is
currently being defined, included and penalized under said article as part of the
crime of Qualified Theft, is hereby deleted therefrom.

Section 2. There shall be created Sub Article 310-A of the Revised Penal
Code, to specifically penalize the crime of Qualified Theft of Coconuts in the
premises of a plantation to read as follows;

Art.310-A The act of stealing and or
taking of coconuts in the premises of a
plantation is hereby punished with the
penalty of Arresto Mayor to its full
extent, regardless of the total value and
number of coconuts stolen. The severity of
the civil liability however should take into
account the quantity and cost of the objects
stolen;

Provided, that in case there are other
products of the soil, not covered by any
special law prohibiting the taking of the
same, taken on the occasion of said theft of
coconuts, the minimum period of the
penalty next higher in degree should be
applied, regardless of the amount or value
of the other things stolen;

Provided further, that the medium
period of the penalty prescribed in the
immediately preceding paragraph should
be applied, if on said occasion of theft of
coconuts, the coconut tree or trees were cut
down or the barks thereof destroyed
without the necessary permit from the
concerned agencies of the government. If
apart from the cutting of the coconut barks,
the perpetrators took other things
described in the next preceding paragraph,
the afore-mentioned penalty in _ its
maximum degree shall be applied; and

Provided finally, that in no case should
the prosecution of the cases for the
commission of the criminal offense herein


penalized, pose as a bar for the prosecution
of other special laws violated.

Section 3._ If any provisions or part thereof, is invalid or unconstitutional, the
remainder of the law or the provision not otherwise affected shall remain valid and
subsisting.

Section 4. Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or inconsistent with, the
provision of this Act is hereby repealed, modified, or amended accordingly.

Section 5. This Act shall take effect upon its approval.

Approved,


FAGT SHEET

HOUSE BILL NO. 800
(As Approved by Committee on Revision of Laws on March 16, 2011)

AN ACT AMENDING ARTICLE 310 OF THE REVISED PENAL CODE OF THE
PHILIPPINES BY SUPPLANTING THE SPECIFIC PROVISIONS RELATIVE TO
THE CRIME OF QUALIFIED THEFT OF COCONUTS FROM THE PREMISES
OF A PLANTATION, AND BY VIRTUE THEREOF, IS HEREBY CREATED
SUB-ARTICLE 310-A WHICH SPECIFICALLY PENALIZES SAID CRIME

introduced by REPS. MARC DOUGLAS IV C. CAGAS AND
MARLYN L. PRIMICIAS-AGABAS

Committee Reterrat REVISION OF LAWS

Committee Chairperson: HON, MARLYN L, PRIMICIAS-AGABAS

OBJECTIVE/S:

+ To downgrade the penalty being imposed by Article 310 of the Revised Penal
Code (RPC) on the theft of coconuts from the premises of a plantation thereby
imposing penalties commensurate to the offenses committed.

KEY PROVISIONS:

Imposes penalties of theft of coconut from the premises of a plantation in the
fotiowing manner:

+ Provides that stealing of coconuts in the premises of plantation is
punishable with the penalty of Arresio Mayor in its maximum period
regardiess of the value and number of coconuts stolen;

* Provides that in case there are other products of the soil taken aside from
coconuts the penalty shall be prision correccionat in its minimum period,

Mandates that prision correctional in its medium period should be applied
if on said occasion of theft of coconuts there are trees felled or the barks
thereof were destroyed; and

«Mandates that Prision Correccional in its maximum period should be
applied if on taking the coconuts there are other products of the soil stolen
and trees are felled or bark thereof destroyed.