Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1219

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING ARTICLE 98 OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE

EXPLANATORY NOTE

Act No. 3815, also known as the Penal Code, punishes under Article 158,
the evasion of service of sentence on the occasion of disorder, conflagrations,
earthquakes or other calamities. It provides that:

A convict who shall evade the service of his sentence, by leaving
the penal institution where he shall have been confined, on the occasion
of disorder resulting from a conflagration, earthquake, explosion, or similar
catastrophe, or during a mutiny in which he has not participated, shall
suffer an increase of one-fifth of the time still remaining to be served under
the original sentence, which in no case shall exceed six months, if he shall
fail to give himself up to the authorities within forty-eight hours following
the issuance of a proclamation by the Chief Executive announcing the
passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding
paragraph, shall give themselves up to the authorities within the above
mentioned period of 48 hours, shall be entitled to the deduction provided
in Article 98.


Article 98, referred to in Article 158, provides for a special time allowance
for loyalty. It states that

‘A deduction of one-fifth of the period of his sentence shall be

granted to any prisoner who, having evaded the service of his sentence

under the circumstances mentioned in Article 158 of this Code, gives

himself up to the authorities within 48 hours following the issuance of a

proclamation announcing the passing away of the calamity or catastrophe
to in said article.

Thus, the law recognizes instances when prisoners are forced to leave
their place of confinement in order to save themselves. Those who have already
evaded their sentence presumably to avoid harm are encouraged to surrender to
the authorities after the passing away of the calamity or the catastrophe
enumerated in Article 158. In exchange for such surrender, they are credited with
a deduction in their sentences. The law, however, fails to take into consideration
those prisoners who chose to stay within the premises of their confinement even
if a calamity or catastrophe is occurring.

The same special time allowance should also be given to those prisoners
who, despite having all the chances to escape, chose instead to remain in their
prison cells. They have shown more convincingly their loyalty than those who
escaped and then eventually gave themselves up. Possibly, the prisoners who
escaped under Article 158 merely gave themselves up because they saw a slim
chance to avoid recapture because the calamity had already passed and the
government was already functioning with all its normal efficiency. Put differently,
if those prisoners who escaped under the circumstances of Article 158 are given
a one-fifth reduction of their sentence, with more reason should those who
stayed in their places of confinement be given special time allowance for loyalty.

This bill seeks to address the inadequacies of the existing provisions on
special time allowance for loyalty by giving the same allowance to prisoners who
exhibited loyalty not leaving their places of confinement under the circumstances
of Article 158.

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DIOSDADO An \GAL ARROYO GLORJA MACAPAGAY ARROYO

Second District, Camarines Sur Séond District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS:
First Regular Session

1219

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING ARTICLE 98 OF 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. Art. 98 of Act No. 3815, as amended, otherwise known as
the Revised Penal Code, is hereby further amended to read as follows:

Art. 98. Special time allowance for loyalty. - A deduction of one
fifth of the period of his sentence shall be granted to any prisoner who,
having evaded the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities
within 48 hours following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe referred to in said article. A
DEDUCTION OF TWO-FIFTHS OF THE PERIOD OF HIS SENTENCE
SHALL BE GRANTED IN CASE SAID PRISONER CHOSE TO STAY IN
THE PLACE OF HIS CONFINEMENT NOTWITHSTANDING THE
EXISTENCE OF A CALAMITY OR CATASTROPHE ENUMERATED IN
ARTICLE 158 OF THIS CODE.

SECTION 2. Repealing Clause - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or inconsistent with the provisions of this Act is hereby
repealed, modified or amended accordingly.


SECTION 3. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or at least two (2) newspapers of
general circulation.

Approved,