FOURTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
7 JUL -4 RS :SY 
) 
First Regular Session 
1 
,
.
 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to increase the penalty of the crime of incriminatory machination, 
amending for the purpose Article 363 and 364 of the Revised Penal Code, to deter 
persons from committing the same due to the increased penalty. 
The Revised Penal Code defines incriminatory machinations by two distinct 
crimes, to wit, incriminating innocent person and intriguing against honor. 
Incriminating innocent pci-son is committed by any person who, by any act not 
constituting perjury, shall directly incriminate or impute to an innocent person the 
commission of a crime, while intriguing against honor is committed by any person who 
intrigues another for the principal purpose of blemishing the honor or reputation of a 
person. 
By its nature, incriminatory machinations refer to acts done for mere vexing, 
harassing or injuring one’s adversary and which tend to directly cause false 
prosecution. The present penalties imposed by the law are not commensurate to the 
injury or damage caused to the victim of false prosecution and intrigue. There is 
therefore a need to punish with greater severity individuals who are found guilty of 
incriminatory machinations. 
This bill aims to do just that by increasing the penalty for incriminating innocent 
persons from arresto mayor or imprisonment for one month and one day to six months, 
to prision mayor, which means imprisonment from six years and one day to twelve 
years. The bill likewise increases the penalty for intriguing against honor from arresto 
menor or imprisonment for 1 to 30 days, to prision correccional, which means 
imprisonment from 6 m o n h  and one day to six years. 
In view of the foregoing, immediate passage of the bill is earnestly sought. 
v 
LOREN LEGARDA 
Senator 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
7 JUL -4 A[:. 
::st 
First Regular Session 
1 
~ 
" 
SENATE 
S.B.No. 
943 
, . 
Introduced by Senator Loren Legarda 
AN ACT 
INCREASING 
THE 
PENALTY 
OF THE 
CRIME 
OF INCRIMINATORY 
MACHINATION, AMENDING FOR THE PURPOSE ARTICLE 363 OF THE 
REVISED PENAL CODE 
Be it enacted by the House of Representative and the Senate of the Congress of the 
Philippines in session assembled: 
SECTION 1. Article 363 of Act No. 3815, as amended, otherwise known as the 
Revised Penal Code, is hereby further amended to read as follows: 
"Art. 363. Incriminating innocent persons. - Any person who, by any act not 
constituting perjury, shall directly incriminate or impute to an innocent person 
the commission of a crime, shall be punished by [arresto mayor] PRISON 
MAYOR IN ITS MINIMUM PERIOD." 
SECTION 2. Article 364 of Act No. 3815, as amended, otherwise known as the 
Revised Penal Code, is hereby further amended to read as follows: 
"Art. 364. Infriguing Against Honor. - The penalty of [arresto menor] PRISION 
CORRECCIONAL IN ITS MINIMUM PERIOD or a fine not exceeding 12001 
FIFTY THOUSAND pesos shall be imposed for any intrigue which has for its 
principal purpose to blemish the honor or reputation of a person." 
Sec. 3. All laws, orders, decrees, rules and regulations and other parts thereof 
inconsistent with this Act are hereby repealed or amended accordingly. 
SEC. 4. Separability Clause. - If any provision of this Act is declared invalid, the 
remainder of this Act or any provision not affected thereby shall remain in force and 
effect. 
SEC. 5. Repealing Clause. - All laws, presidential decrees, executive orders and 
their implementing rules, inconsistent with the provisions of this act art. hereby 
repealed, amended or modified accordingly. 
SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
in at least two (2) national newspapers of general circulation. 
Approved,