FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

3315

House Bill No.
EXPLANATORY NOTE

The Constitution affirms the principle that 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 the people of the blessings of
democracy.

Dereliction of duty by a public officer through abetting the escape of a
prisoner, however, is both a circumvention and a negation of this Constitutional
provision.

In view thereof, this bill seeks to amend Article 223 of the Revised Penal
Code by imposing penalties on any public officer who, without proper court order
or authorization, releases a prisoner and later allows him to return to his detention
cell, or consents to or connives in the escape of a prisoner under his custody or
charge.

Approval of this bill is therefore eamestly requested.

RUFUS B. RGPRIGUEZ

ee UEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and

Representative Maximo B. Rodriguez, Jr.

House BillNo.__ 33145

AN ACT

PENALIZING PUBLIC OFFICERS FOR RELEASING PRISONERS IN ORDER
TO COMMIT A CRIME AND ALLOWING THEM TO RETURN TO PRISON, AND
FOR THIS PURPOSE AMENDING ARTICLE 223 OF THE REVISED PENAL
CODE OF THE PHILIPPINES

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

SECTION 1. Article 223 of the Revised Penal Code is hereby amended to

read as follows:

“ART. 223. Conniving With or Consenting to Evasion. - Any public
officer who, WITHOUT COURT ORDER OR AUTHORIZATION, SHALL
RELEASE A PRISONER AND ALLOW HIM TO RETURN TO PRISON OR
DETENTION OR shall consent to the escape of a prisoner in his custody or
charge, shall be punished:

a)

(2)

(3)

By prison correctional in its medium and maximum periods
and temporary special disqualifications in its maximum
period to perpetual special disqualification, if the fugitive
shall have been sentenced by final judgment to any
penalty.

By prison correctional in its [minimum] MAXIMUM period
and temporary special disqualification, in case the fugitive
shall not have been finally convicted but only held as a
detention prisoner for any crime or violation of law or
municipal ordinance.

BY PRISON MAYOR IN ITS MAXIMUM PERIOD AND
PERPETUAL ABSOLUTE DISQUALIFICATION IN CASE


THE PRISONER COMMITTED AN OFFENSE OUTSIDE
THE PRISON OR DETENTION CENTER.”

SEC 2. Separability Clause - |f 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.

SEC 3. 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.

SEC 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved.