Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3128

Introduced by REPRESENTATIVE DOY C. LEACHON

EXPLANATORY NOTE

This bill seeks to reinstate the death penalty for certain heinous
crimes, particularly treason, aggravated rape, plunder, and for grave
violations of Republic Act No. 9165, otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002”.

The reinstatement of the death penalty is one of the major thrusts of
the Duterte Administration and is one of the major components of President
Duterte’s war against drugs and criminality. There is a need to effectively
carry out the death penalty for criminals who do not give value to the life
and security of their fellow countrymen, to serve as a deterrent against the

commission of heinous crimes and to bring justice to the victims of such
crimes.

It is thus imperative for Congress, in the exercise of its mandate to
take every conceivable step to Protect the honor, dignity and the very life
of each law-abiding Filipino citizen, to impose the death penalty for the
heinous crime of treason, aggravated rape, plunder and certain grave
violations of the Dangerous Drugs Act.

For these reasons, the urgent Passage of this bill is earnestly sought.

Representative
1* District - Oriental Mindoro


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3128

Introduced by REPRESENTATIVE DOY C. LEACHON

AN ACT
IMPOSING THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9346, ENTITLED
“AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE
PHILIPPINES”, AND FURTHER AMENDING ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE “REVISED PENAL CODE”,
REPUBLIC ACT NO. 7080, AS AMENDED, ENTITLED “AN ACT DEFINING
AND PENALIZING THE CRIME OF PLUNDER”, AND REPUBLIC ACT NO.

9165, OTHERWISE KNOWN AS THE “COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002”.

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

SECTION 1. Short title. - This Act shall be known as the “Death
Penalty Law”.

SEC. 2. Declaration of Policy. - It is the declared policy of the State to
foster peace and order, and ensure obedience to its authority, to protect life,
liberty and property and to promote the general welfare which are essential

for the enjoyment by all the people of the blessings of democracy in a just
and humane society

Towards this end, and in the interest of justice, public order and the
rule of law, and the need to rationalize and harmonize the penal sanctions,
the Congress finds compelling reasons to impose the death penalty on
heinous crimes committed by offenders who are a continuous threat to
society.

SEC. 3. Imposition of Death Penalty; Heinous Crimes Defined. - The
death penalty is hereby imposed on crimes defined under this Act as
heinous for being grievous, odious and hateful offenses, which by reason of
their inherent or manifest wickedness, viciousness, atrocity and perversity
are repugnant and outrageous to the common standards and norms of
decency and morality in a just, civilized and orderly society.

Accordingly, Act No. 3815, as amended, otherwise known as the “Revised
Penal Code”, Republic Act No. 7080, as amended, entitled “An Act Defining


and Penalizing the Crime of Plunder’, and Republic Act No. 9165, as
amended, otherwise known as the “Comprehensive Dangerous Drugs Act of

2002”, are hereby amended for the purpose of imposing the death penalty
on heinous crimes enumerated under this Act.

SEC. 4. Imposition of the Death Penalty for the Crime of Treason. —
Article 114 of the Revised Penal Code, as amended, is further amended to
read as follows:

“Art. 114. Treason. - Any Filipino citizen who levies war against the
Philippines or adheres to her enemies giving them aid or comfort within the
Philippines or elsewhere, shall be punished by reclusion perpetua TO
DEATH and shall pay a fine not to exceed 100,000 pesos.

No person shall be convicted of treason unless on the testimony of two
witnesses at least to the same overt act or on confession of the accused in
open court.

Likewise, an alien, residing in the Philippines, who commits acts of
treason as defined in paragraph 1 of the Article shall be punished by the

reclusion [temporal] PERPETUA TO DEATH and shall pay a fine not to
exceed 100,000 pesos.”

SEC. 5. Imposition of the Death Penalty for the Crimes of Rape with
Homicide, Rape of a Minor, and Rape Committed by Law Enforcement
Officers. — Article 266-A and Article 266-B of the Revised Penal Code, as
amended, is further amended to read as follows:

“Article 266-A. Rape: When And How Committed. - Rape is
committed:

1) By a man who shall have carnal knowledge of a woman
under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise
unconscious;

c) By means of fraudulent machination or grave abuse of
authority; and

d) When the offended party is under twelve (12) years of age or
is demented, even though none of the circumstances mentioned
above be present.

2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person's mouth or anal


orifice, or any instrument or object, into the genital or anal orifice
of another person,

“ART 266-B. Penalty. - Rape under paragraph 1 of the next
preceding article shall be punished by rectusion perpetua.

Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be reclusion
perpetua.

When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall become reclusion perpetua.

When the rape is attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be reclusion
perpetua.

When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be reclusion perpetua TO DEATH.

The penalty of reclusion perpetua shall also be imposed if the
crime of rape is committed with any of the following
aggravating/ qualifying circumstances:

1) When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the
common-law spouse of the parent of the victim;

2) When the victim is under the custody of the police, [or]
military, OR PARAMILITARY authorities or any law enforcement
or penal institution;

3) When the rape is committed [in-full] WITHIN THE view of the
VICTIM’S spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity;

4) When the victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime;

5) When the victim is a child below [seven-(7}] TEN (10) years
old;

6) When the offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) [or-any-other-sexually_tranemissible disease] and
the virus or disease is transmitted to the victim;


7) When committed by any member of the Armed Forces of the
Philippines or para-military units thereof or the Philippine National
Police or any law enforcement agency or penal institution,
INCLUDING BARANGAY POLICE OFFICERS (BPO) [when the

offender took advantage of his position to facilitate the commission
of the crime];

8) When by reason or on the occasion of the rape, the victim
has suffered permanent physical mutilation or disability;

9) When the offender knew of the pregnancy of the offended
party at the time of the commission of the crime; and

10) When the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at the
time of the commission of the crime|.],

PROVIDED, THAT FOR NUMBERS (5) AND (7) ABOVE, THE
PENALTY SHALL BE RECLUSION PERPETUA TO DEATH.

Rape under paragraph 2 of the next preceding article shall be
punished by prision mayor.

Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be prision
mayor to reclusion temporal.

When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be reclusion temporal.

When the rape is attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be reclusion
temporal to reclusion perpetua.

When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be reclusion perpetua.

Reclusion temporal shall be imposed if the rape is committed
with any of the ten aggravating/qualifying circumstances
mentioned in this article.

SEC. 6. Imposition of the Death Penalty for Plunder. - Section 2 of
Republic Act No. 7080, as amended, entitled “An Act Defining and Penalizing
the Crime of Plunder’, is further amended to read as follows:

"SEC. 2. Definition of the Crime of Plunder; Penalties. - Any
public officer who, by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates


or acquires ill-gotten wealth through a combination or series of
overt criminal acts as described in Section 1 (d) hereof in the
aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall
be punished by reclusion perpetua TO DEATH. Any person who
participated with the said public officer in the commission of an
offense contributing to the crime of plunder shall likewise be
punished for such offense. In the imposition of penalties, the
degree of participation and the attendance of mitigating and
extenuating circumstances, as provided by the Revised Penal Code,
shall be considered by the court. The court shall declare any and
all ill-gotten wealth and their interests and other incomes and
assets including the properties and shares of stocks derived from
the deposit or investment thereof forfeited in favor of the State."

SEC. 7. Imposition of the Death Penalty for Drug-Related Crimes. -
Sections 4, 5, 6, 8, 11, 25, 27, and 29 of Republic Act No. 9165, as
amended, otherwise known as the “Comprehensive Dangerous Drugs Act of
2002,” are hereby amended to read as follows:

“SEC. 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of [life
imprisonment] RECLUSION PERPETUA TO DEATH and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall import or bring into the
Philippines any dangerous drug, regardless of the quantity and
purity involved, including any and all species of opium poppy or
any part thereof or substances derived therefrom even for floral,
decorative and culinary purposes.

‘The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who,
unless authorized by law, shall import any controlled precursor
and essential chemical.

‘The maximum penalty provided for under this Section shall be
imposed upon any person, who, unless authorized under this Act,
shall import or bring into the Philippines any dangerous drug
and/or controlled precursor and essential chemical through the
use of a diplomatic passport, diplomatic facilities or any other
means involving his/her official status intended to facilitate the
unlawful entry of the same. In addition, the diplomatic passport
shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a


"financier" of any of the illegal activities prescribed in this Section.

‘The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a

“protector/coddler" of any violator of the provisions under this
Section.

“SEC. 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of [life
imprisonment] RECLUSION PERPETUA TO DEATH and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute, dispatch in
transit or transport any dangerous drug, including any and all
species of opium poppy regardless of the quantity and purity
involved, or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who,
unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute, dispatch in transit or
transport any controlled precursor and essential chemical, or shall
act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery,
distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty shall
be imposed in every case.

For drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers, or in any other
capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade, the maximum
penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any offense
herein provided be the proximate cause of death of a victim
thereof, the maximum penalty provided for under this Section shall
be imposed.


The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

‘The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a
“protector/coddler” of any violator of the provisions under this
Section.

“SEC. 6. Maintenance of a Den, Dive or Resort. - The penalty of
[life imprisonment] RECLUSION PERPETUA TO DEATH and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person
or group of persons who shall maintain a den, dive or resort where
any dangerous drug is used or sold in any form.

‘The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (500,000.00) shall be imposed upon any person or group of
persons who shall maintain a den, dive, or resort where any

controlled precursor and essential chemical is used or sold in any
form.

‘The maximum penalty provided for under this Section shall be
imposed in every case where any dangerous drug is administered,
delivered or sold to a minor who is allowed to use the same in such
a place.

Should any dangerous drug be the proximate cause of the death
of a person using the same in such den, dive or resort, the penalty
of death and a fine ranging from One million (P1,000,000.00) to
Fifteen million pesos (P15,000,000.00) shall be imposed on the
maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same
shall be confiscated and escheated in favor of the government:
Provided, That the criminal complaint shall specifically allege that
such place is intentionally used in the furtherance of the crime:
Provided, further, That the prosecution shall prove such intent on
the part of the owner to use the property for such purpose:
Provided, finally, That the owner shall be included as an accused
in the criminal complaint.

The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.


‘The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler” of any violator of the provisions under this
Section.

“SEC. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of fife
imprisonment] RECLUSION PERPETUA TO DEATH and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall engage in the manufacture of
any dangerous drug.

‘The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who,
unless authorized by law, shall manufacture any controlled
precursor and essential chemical.

‘The presence of any controlled precursor and essential chemical
or laboratory equipment in the clandestine laboratory is a prima
facie proof of manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the clandestine
laboratory is undertaken or established under the following
circumstances:

(a) Any phase of the manufacturing process was conducted in
the presence or with the help of minor/s:

(b) Any phase or manufacturing process was established or
undertaken within one hundred (100) meters of a residential,
business, church or school premises;

(c) Any clandestine laboratory was secured or protected with
booby traps;

(4) Any clandestine laboratory was concealed with legitimate
business operations; or

(e) Any employment of a practitioner, chemical engineer, public
official or foreigner.

‘The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this Section.


The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this
Section.”

“SEC. 11. Possession of Dangerous Drugs. - The penalty of [life
imprisonment] RECLUSION PERPETUA and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug in the
following quantities, regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or
"shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not
limited to, methylenedioxy-methamphetamine (MDA) or
"ecstasy", paramethoxy-amphetamine (PMA),  trimethoxy-
amphetamine (TMA), lysergic acid diethylamine (LSD),
gamma hydroxyamphetamine (GHB), and those similarly
designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as
determined and promulgated by the Board in accordance to
Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing
quantities, the penalties shall be graduated as follows:

(1) [Life imprisonment] RECLUSION PERPETUA and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or
more but less than fifty 50 grams;

(2) Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or


marijuana resin oil, methamphetamine hydrochloride or "shabu",
or other dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or
newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300) grams or more
but less than five (hundred) 500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if
the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but
not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than
three hundred (300) grams of marijuana.

“SEC. 25. Qualifying Aggravating Circumstances in the
Commission of a Crime by an Offender Under the Influence of
Dangerous Drugs. ~ Notwithstanding the provisions of any law to
the contrary, a positive finding for the use of dangerous drugs shall
be a qualifying aggravating circumstance in the commission of a
crime by an offender, and the application of the penalty provided
for in the Revised Penal Code shall be applicable.

IF THE CRIME COMMITTED BY SUCH PERSON UNDER THE
INFLUENCE OF DANGEROUS DRUGS IS PUNISHABLE BY
RECLUSION TEMPORAL OR HIGHER, THE PENALTY TO BE
IMPOSED SHALL BE RECLUSION PERPETUA TO DEATH,

PROVIDED, THAT THE LABORATORY EXAMINATION OR
DRUG TEST IS STRICTLY CONDUCTED PURSUANT TO
ARTICLE III OF THIS ACT;

PROVIDED, FURTHER, THAT THE COMPLAINT OR
INFORMATION SHALL ALLEGE WITH PARTICULARITY THAT
THE ACCUSED WAS UNDER THE INFLUENCE OF DANGEROUS
DRUGS AT THE TIME OF THE COMMISSION OF THE
OFFENSE;

PROVIDED, FINALLY, THAT ONCE A COMPLAINT OR
INFORMATION HAS BEEN FILED, NO AMENDMENT TO
INCLUDE THE ALLEGATION THAT THE ACCUSED WAS UNDER
THE INFLUENCE OF DANGEROUS DRUGS AT THE TIME OF
THE COMMISSION OF THE OFFENSE SHALL BE ALLOWED.”


“SEC. 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments /Paraphernalia and/or Laboratory
Equipment Including the Proceeds or Properties Obtained from the
Unlawful Act Committed. - The penalty of [life imprisonment]
RECLUSION PERPETUA TO DEATH and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual disqualification
from any public office, shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment
including the proceeds or properties obtained from the unlawful
acts as provided for in this Act.

Any elective local or national official found to have benefited
from the proceeds of the trafficking of dangerous drugs as
prescribed in this Act, or have received any financial or material
contributions or donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in this Act,
shall be removed from office and perpetually disqualified from
holding any elective or appointive positions in the government, its
divisions, subdivisions, and intermediaries, including government-
owned or ~controlled corporations.”

“SEC. 29. Criminal Liability for Planting of Evidence. - Any
person who is found guilty of "planting" any dangerous drug
and/or controlled precursor and essential chemical, regardless of
quantity and purity, shall suffer the penalty of [ifeimpri
RECLUSION PERPETUA TO DEATH.”

SEC. 8. Article 47 of the Revised Penal Code, as amended, is further
amended to read as follows:

Art. 47. In what cases the death penalty shall not be imposed;
Automatic review of the Death Penalty Cases. - The death penalty
shall NOT be imposed [in all cases in which it must be imposed
under existing laws, except] when the guilty person is below
eighteen (18) years of age at the time of the commission of the
crime or is more than seventy (70) years of age or when upon
appeal or automatic review of the case by the COURT OF

, OR WHEN APPLICABLE, THE Supreme Court EN
BANC, the required majority vote is not obtained for the imposition
of the death penalty, in which cases the penalty shall be reclusion
perpetua.


In all cases where the death penalty is imposed by the trial
court, the records shall be forwarded to the COURT OF APPEALS
OR, WHEN APPLICABLE, TO THE Supreme Court [for automatic
review and judgment by the Court] en banc, within twenty (20)
days but not earlier than fifteen (15) days after promulgation of the
judgment or notice of denial of any motion for new trial or
reconsideration. The transcript shall also be forwarded within ten
(10) days from the filing thereof by the stenographic reporter. NO
NOTICE OF APPEAL SHALL BE REQUIRED FOR THE
PERFECTION OF AN AUTOMATIC APPEAL.

SEC. 9. Article 81 of the Revised Penal Code, as amended, is hereby
reinstated to read as follows:

Art. 81. When and how the death penalty is to be executed. -
The death sentence shall be executed with preference to any other
penalty and shall consist in putting the person under the sentence
to death by lethal injection. The death sentence shall be executed
under the authority of the Director of the Bureau of Corrections,
endeavoring so far as possible to mitigate the sufferings of the
person under the sentence during the lethal injection as well as
during the proceedings prior to the execution.

The Director of the Bureau of Corrections shall take steps to
ensure that the lethal injection to be administered is sufficient to
cause the instantaneous death of the convict.

Pursuant to this, all personnel involved in the administration of

lethal injection shall be trained prior to the performance of such
task.

The authorized physician of the Bureau of Corrections, after
thorough examination, shall officially make a pronouncement of

the convict's death and shall certify thereto in the records of the
Bureau of Corrections.

The death sentence shall be carried out not earlier than one (1)
year nor later than eighteen (18) months after the judgment has
become final and executory without prejudice to the exercise by the
President of his executive clemency powers at all times.

SEC. 10. Duty of Prosecutor When Filing Information Involving
Heinous Offenses. - Upon the filing of an information involving any offense
punishable by death, the public prosecutor shall furnish copies of said
information to the Commission on Human Rights, which is mandated to give
notice to interested parties, including but not limited to the Integrated Bar of
the Philippines and religious or civic organizations.


SEC. 11. Creation of Special Panel of Senior Government Lawyers
for Cases on Appeal Where the Death Penalty is Imposed. - After a
judgment of conviction sentencing the accused to the penalty of death had
been rendered, the Chief Public Attorney shall convene a special panel
composed of senior Public Attorneys to handle the automatic appeal or to
assist the accused in death penalty cases, without prejudice to the exercise
by the Office of the Solicitor General (OSG) of its mandate as the People’s
Tribune to avoid a miscarriage of justice.

The Solicitor General or the Chief Public Attorney may recommend to the
Office of the President the reprieve or the suspension of the execution of the
death sentence.

SEC. 12. Implementing Rules and Regulations. - Within thirty (30)
days from the approval of this Act, the Secretary of Justice shall promulgate
the necessary rules and regulations for the effective implementation of this
Act.

SEC. 13. Separability Clause. ~ If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 14. Repealing Clause. - Republic Act No. 9346, entitled “An Act
Prohibiting the Imposition of the Death Penalty in the Philippines” is hereby
repealed. Act No. 3815, Republic Act No. 7080, and Republic Act No. 9165
are hereby amended accordingly. All other laws, rules, regulations, orders,
circulars and other issuances or parts thereof, which are inconsistent with

the provisions of this Act are hereby repealed, amended or modified
accordingly.

SEC. 15. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,