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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regulllr Session 
) 
) 
) 
O;;J~;;~Gi: (I': 
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10 
SENATE 
S. B. No. 2115 
Introduced by Senator FRANCIS G, ESCUDERO 
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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 
cal~mity. 
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 lime 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 
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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. 
FRANCIS G. ESCUDERO 
2 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 2115 
Introduced by Senator FRANCIS G. ESCUDERO 
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 
2 
Revised Penal Code, is hereby further amended to read as follows: 
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Art. 98. Special time allowance for loyalty. - A deduction of one fifth of 
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the period of his sentence shall be granted to any prisoner who, having evaded 
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the service of his sentence under the circumstances mentioned in Article 158 of 
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this Code, gives himself up to the authorities within 48 hours following the 
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issuance of a proclamation announcing the passing away of the calamity or 
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catastrophe referred to in said article. A DEDUCTION OF TWO FIFTHS OF THE 
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PERIOD OF HIS SENTENCE SHALL BE GRANTED IN CASE SAID PRISONER 
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CHOSE 
TO 
STAY 
IN 
THE 
PLACE 
OF 
I-lIS 
CONFINEMENT 
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NOTWITHSTANDING 
TI-IE 
EXISTENCE 
OF 
A 
CALAMITY 
OR 
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CATASTROPHE ENUMERATED IN ARTICLE 158 OF If-lIS CODE. 
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SEC. 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or 
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inconsistent with the provisions of this Act is hereby repealed, modified or amended 
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accordingly. 
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SEC. 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in the Official Gazette or at least two (2) newspapers of general circulation. 
S 
Approved, 
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