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HOUSE OF REPRESENTATIVES)

Quexew City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8414

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
PROVIDING SWIFT AND CERTAIN PUNISHMENT FOR CRIMINALS IN
ORDER TO DETER VIOLENT CRIME

The Constitution, Article I, Section 5 provides:
The maintenance of peace and order, the protection of life, liberty and
property and the promotion of the general welfare are essential for the
enjoyment by all people of the blessings of democracy.

Reform is needed to ensure that criminals are held accountable for their actions, that

they receive swift and certain punishment commensurate with their crimes, and that the

protection of innocent citizens takes priority over other objectives.

Criminals should face a high probability of apprehension and prosecution, and those

found guilty should face absolutely certain measured response penalties, which at the

same time are aimed to rehabilitate the criminals.

This is necessary in order to remove violent criminals from the streets and meet the
extraordinary threat that posed to the public by the use and trafficking of illegal drugs.

Hence, this bill seeks to provide swift and certain punishment for criminals in order to

deter violent crime.
Al al
LUIS RAYMYND “LRAY"/F. VILLAFUERTE, JR.


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Res Lc of the Phillis

HOUSE OF REPRESENTATIVES
Queen City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 8414

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
PROVIDING SWIFT AND CERTAIN PUNISHMENT FOR CRIMINALS IN
ORDER TO DETER VIOLENT CRIME

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 “National Drug and Crime
Emergency Act.”

SECTION 2. Definition of Terms. — For the purposes of this Act, the term:
(A) “Crime of violence” means —

(1) An offense that is a felony and has an element the use, attempted use, or
threatened use of physical force against the person or property of another; or
by its nature, involves a substantial risk that physical force against the person or
property of another may be used in the course of committing the offense; and

(2) Includes murder, kidnapping, aggravated assault, extortionate extension of
credit, forcible sex offenses, arson, robbery, and burglary of a dwelling; and

(8) “Trafficking crime” means any felony punishable under the jaw, which involves the
manufacture sale, distribution, dispensing, importation, or exportation of, or
possession with intent to manufacture sell, distribute, or dispense, import, or export,

a controlled substance.


SECTION 3. Increased mandatory minimum sentences without release for criminals

using firearms and other violent criminals. - Whoever, during and in relation to any crime

of violence or drug trafficking crime, including a crime of violence or drug trafficking crime
which provides for an enhanced punished if committed by the use of a deadly or
dangerous weapon or device, for which the person may be prosecuted —

(A) Possesses a firearm, shall, in addition to the punishment provided for such crime of
violence or drug trafficking crime, be sentenced to imprisonment for not less than 5
years without release;

(8) Discharges a firearm with intent to injure another person, shall, in addition to the
punishment provided for such crime of violence or drug trafficking crime, be
sentenced to imprisonment for not less than seven (7) years without release; or

(C) Possess a firearm that is machinegun, or is equipped with a firearm silencer or
firearm muffler shall, in addition to the punishment provided for such crime of
violence or drug trafficking crime, be sentenced to imprisonment for nine (9) years
without release.

In case if a second conviction under this subsection, a person shall be sentenced to

imprisonment for not less than twelve (12) years without release for possession or not

less than 15 years without release for discharge of a firearm, and of the firearm is a

machinegun, or is equipped with a forearm silencer or firearm muffler, to twenty (20)

years without release. In the case of third or subsequent conviction under this

subsection, a person shall be sentenced to life imprisonment without release. If the
death of a person results from the discharge of a firearm, with intent to kill another
person, by a person during the commission of a crime, the person who discharged the
firearm shall be sentenced to life imprisonment without release. Notwithstanding any
other law, a court shall not place on probation or suspend the sentence of any person
convicted of a violation of this section, nor shall the term of imprisonment imposed under
this subsection run concurrently with any other term of imprisonment including that
imposed for the crime of violence or drug trafficking crime in which the firearm was used.

No person sentenced under this subsection shall be eligible for parole, nor shall such

person be released for any reason whatsoever, during a term of imprisonment imposed

under this paragraph.

SECTION 4. Life imprisonment without release for criminals convicted a third time. — If
any person commits a drug offense after two or more prior convictions for a felony drug
offense have become final, such person shall be sentenced to a mandatory term of life
imprisonment without release, unless the penalty provided for in the offense committed is
higher than what is provided for in this section.

SECTION 5. Longer prison sentences for those who sell illegal drugs to minors or for use
of minors in drug trafficking activities. - Whoever sell illegal drugs to minors or for use of
minors in drug trafficking shall, in addition to the punishment provided for such drug
trafficking crime, be sentenced to imprisonment for not less than 10 years without
release.

SECTION 6. Mandatory work requirement for all prisoners. —
(A) In General. — It shall be the policy of the State that convicted prisoners confined in


prisons, jails, and other detention facilities shall work. The type of work in which they
will be involved shalll be dictated by appropriate security considerations and by the health
of prison involved. Such labor may include, but not limited to—-

(1) Local public works projects and infrastructure repair;

(2) Construction of new prisons and other detention facilities;

(3) Prison industries; and

(4) Other appropriate labor.
(8) Prisoners Shall Work. — Medical certification of 100 percent disability, security
considerations, or disciplinary action shall be the only excuse to remove a prisoner from
labor participation.
(C) Use of Funds. - Any funds generated by labor conducted pursuant to this section
shall be deposited in a separate fund in the National Treasury for use in the payment of
prison construction and operating expenses or for payment of compensation judgments.
Notwithstanding any other law, such funds shall be available without appropriation.
Prisoners shall be paid a share of funds generated by their labor conducted pursuant to
this section.
(D) Drug Testing. — The Bureau of Jail Management and Penology shall, as soon as
practicable after the effective date of this section, establish by regulation a program of
drug testing of targeted classes of arrestees, individuals in jails, prisons, and other
correctional facilities, and persons on conditional or supervised release before or after
conviction, including probationers, parolees, and persons released on bail. The
necessary regulations shall be issued within 90 days from the effectivity of this Act and
may include guidelines or specifications concerning the —

1) Classes of persons to be targeted for testing;

(2) Drugs to be tested for;

(3) Frequency and duration of testing; and

(4) Effect of test results in decisions concerning the sentence, the

conditions to be imposed on release before or after conviction, and
the granting, continuation, or termination of such release.

SECTION 7. Separability Clause. ~ If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 8. 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 9. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,