Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE BILL No, 4872

Introduced by Representative Raul A, Daza

EXPLANATORY NOTE

This bill seeks to increase the penalties of rechusion temporal and
reclusion perpenia, amending for the purpose Article 27 of the Revised Penal
Code of the Philippines.

In 1993, Congress approved Republic Act No. 7659 (An Act fo Impose
the Death Penalty on Certain Heinous Crimes, Amending for that Purpose the
Revised Penal Laws, as Amended, Other Special Penal Laws, and for Other
Purposes), which imposed the death penalty on certain heinous crimes punished
under the Revised Penal Code and certain special laws

However, in 2006, Congress enacted Republic Act No, 9346 (An Act
Prohibiting the Imposition of the Death Penalty in the Philippines), which
abolished the death penalty and removed it from our penal laws

While our country needs strong and effective deterrents against
criminality, especially the scourge of illicit drugs, the death penalty has been
empirically shown to be an ineffective one.

Phus, stiff penalties other than the death penalty for drug-related and
heinous crimes is imperative both as a deterrent and for the effective
dispensation of justice

‘This bill, therefore, proposes that as an alternative to the death penalty,
the penalties of reclusion temporal be increased from twelve years and one day
to thirty years and reclusion perperua from thirty years and one day to forty
years.



In view of the foregoing considerations, approval of this bill is highly and

earnestly urged
akacxrcr


Seventeenth Congress
First Regular Session

4872

HOUSE BILL NO.

Introduced by Representative Raul A. Daza

AMENDED

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

TION 1, Article 27 of Act No. 2815 is hereby amended to read as

“CHAPTER III
DURATION AND EFFECT OF PENALTIES

SECTION 1. Duration of Penalties

ART. 27. Reclusion Perpetua, ~ The penalty of recluston perpetia
shall be from [twenty] THIRTY years and one day to forty years
PERSONS CONVICTED OF RECLUSION PERPETUA SHALL NOT
BE ELIGIBLE FOR PAROLE UNDER NO. 4103, OTHERWISE

KNOWN AS THE INDETERMINATE

'TENCE LAW, AS
AMENDED

Reclusion Temporal, ~ The penalty of reclusion temporal shall be
from twelve years and one day to {twenty} THIRTY years

RRR.”


SECTION 2, This Act shall take effect fifteen (15) days after its
publication in the Official Gazeite or in a newspaper of general

circulation

Approved,


» PENALTIES ry

Chapter Three
DURATION AND EFFECT OF PENALTIES

Section One, — Duration of Penalties

ART.27, Reclusion perpetua. — The penalty ofreclusion
perpetta shall be from twonty years and one day to forty years.
Usamended by RA. No. 7659)

Reclusion temporal. —The penalty of rectusion temporal
shall be from twelve years and one day to twenty years.

Prision mayor and temporary disqualification. — The
duration ef the peoalties of prision mayor and temporary
‘Ssqualification shall be from six years and one day to twelve
‘Years, except when the penalty of disqualification is imposed as
Anaccessory penalty, in which ease, its ducation shall be thatof
the principal penalty:

Prision correccional, suspension, and destierro, — The
duration ofthe penalties ofprision correceional, suspension, aod
Uestierro shall be from six months and one day to six years,
xeept when suspension ia imposed as an accessory penalty, in
‘rbich ease, its duration shall be that of the principal penalty.

‘Arresto mayor. ~The duration of the penalty of arresto
mayor shall be from one month and one day to six months,

“Arresto menor. ~~ The duration of the penalty of arresto
enor ahall be from one day to thirty days

Bond to heep the peace, — The bond to keop the peace
shall be required to caver such period of time as the court may
determine.

‘ART. 28, Computation ofpenatties, — Iftheoffender shall
sein prison, the term of the duration ofthe temporary penalties
shall be computed from the day on which the judgment of
convietlon shall have become final

If the offender be notin prison, the term of the duration
ofthe penalty consisting of deprivation of liberty shall be com