FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
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SENATE 
S.No.. 1'770 
Introduced by Senator Miriam Defensor Santiago 
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 calamity. 
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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 time 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 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.* 
* This bill was originally filed during the Thirteenth Congress, Second Regular Session. 


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OF THE PHILIPPINES 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING ACT NO. 3815, ALSO KNOWN AS THE PENAL CODE, ARTICLE 98 ON 
SPECIAL TIME ALLOWANCE FOR LOYALTY 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Act No. 3815, also known as the Revised Penal Code, Article 98 is hereby 
amended to read as follows: 
Art. 98. Special time allowance for loyalty. - 
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. A DEDUCTION OF TWO-FIFTHS OF THE PERIOD OF HIS 
SENTENCE SHALL BE GRANTED TO ANY PRISONER WHO CHOSE TO 
STAY IN THE PLACE OF HIS CONFINEMENT NOTWITHSTANDING THE 
EXISTENCE OF A CALAMITY OR CATASTROPHE ENUMERATED IN 
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ARTICLE 158. 
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SECTION 2. 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. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general cisculation. 
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Approved, 
JPS/10-27-05 
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