Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3256

HOUSE BILL NO.

Introduced by Representative Ferdinand L. Hernandez

AN ACT IMPOSING THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9346, ENTITLED “AN ACT
PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES”,
AND FURTHER AMENDING ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN
AS “THE REVISED PENAL CODE”, AND REPUBLIC ACT NO. 9165, OTHERWISE
KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

EXPLANATORY NOTE

The rise in criminality in recent years has necessitated the imposition of stricter measures
for deterring the commission of crimes. Specifically, the commission of heinous crimes has
increased at an alarming rate.

In the previous Congress, there have been initiatives to bring back the imposition of the
death penalty to punish heinous crimes. The death penalty should serve as a strong deterrence
against the further commission of these crimes, such as murder and rape.

This bill, which was approved on 3" Reading in the 17" Congress, seeks to re-impose the
death penalty on heinous crimes, as well on drug offenses, in order to curb criminality and

restore public security.

Considering the rationale stated above, the approval of this Bill is earnestly sought.

AND L. HE! EZ.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

3256
HOUSE BILL NO.

Introduced by Representative Ferdinand L. Hernandez

AN ACT IMPOSING THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9346, ENTITLED “AN ACT
PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES”,
AND FURTHER AMENDING ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN
AS “THE REVISED PENAL CODE”, AND REPUBLIC ACT NO. 9165, OTHERWISE
KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

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

SECTION 1. Short Title. — This Act shall be known as the “Death Penalty Law”.

SEC. 2. Declaration of Policy. — It is the declared policy of the State to foster peace and
order, and ensure obedience to its authority, to protect life, liberty and property and to promote
the general welfare which are essential for the enjoyment by all the people of the blessings of
democracy in a just and humane society.

‘Towards this end, and in the interest of justice, public order and the rule of law, and the
need to rationalize and harmonize the penal sanctions, the Congress finds compelling reasons to
impose the death penalty on heinous crimes committed by offenders who are a continuous threat
to society.

SEC. 3. Imposition of Death Penalty; Heinous Crimes Defined. — The death penalty is
hereby imposed on crimes defined under this Act as heinous for being grievous, odious and
hateful offenses, which by reason of their inherent or manifest wickedness, viciousness, atrocity
and perversity are repugnant and outrageous to the common standards and norms of decency and
morality in a just, civilized and orderly society.

Accordingly, Act No. 3815, as amended, otherwise known as “The Revised Penal Code”,
and Republic Act No. 9165, as amended, otherwise known as the “Comprehensive Dangerous


Drugs Act of 2002”, are hereby amended for the purpose of imposing the death penalty on
heinous crimes enumerated under this Act.

SEC. 4, Sections 4, 5, 6, 8, 11, 25, 27, and 29 of Republic Act No. 9165, as amended,
otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”, are hereby amended to
read as follows:

“SEC. 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. — The penalty of [life
imprisonment] RECLUSION PERPETUA TO DEATH and a fine
ranging from Five hundred thousand pesos (P500,000.00) to

Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall import or bring into
the Philippines any dangerous drug, regardless of the quantity

and purity involved, including any and all species of opium poppy
or any part thereof or substances derived therefrom evenfor floral,
decorative and culinary purposes.

“xxx.”

“SEC. 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drug and/or
Controlled Precursors and Essential Chemicals. ~The

penalty of [life imprisonment] RECLUSION PERPETUA TO
DEATH and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall
sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any dangerous drug,
including any and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a broker in any of such
transactions.

Sota?

“SEC. 6. Maintenance of a Den, Dive or Resort. — The penalty of
{life imprisonment] RECLUSION PERPETUA TO DEATH and a
fine ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon any
person or group of persons who shall maintain a den, dive or resort
where any dangerous drug is used or sold in any form.

“xxx.”

“SEC. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. — The penalty of [life
imprisonment] RECLUSION PERPETUA TO DEATH and a fine
ranging from Five hundred thousand pesos (P500,000.00) to

‘Ten million pesos (P10,000,000.00) shall be imposed upon any


person, who, unless authorized by law, shall engage in the
manufacture of any dangerous drug.
“ra

“SEC. 11. Possession of Dangerous Drugs. ~ The
penalty of {life imprisonment] RECLUSION PERPETUA and a
fine ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall possess any dangerous
drug in the following quantities, regardless of the degree of purity
thereof:

“(1) 10 grams or more of opium;

“(2) 10 grams or more of morphine;

“(3) 10 grams or more of heroin;

“(4) 10 grams or more of cocaine or cocaine

hydrochloride;

“(5) 50 grams or more of methamphetamine

hydrochloride or ‘shabu’;

(6) 10 grams or more of marijuana resin or marijuana

resin oil;

(7) 500 grams or more of marijuana; and

“(8) 10 grams or more of other dangerous drugs such as, but not
limited to, methylenedioxymethamphetamine

(MDMA) or ‘ecstasy’, paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine
(LSD), gamma hydroxybutyrate (GHB), and those similarly
designed or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and promulgated
by the Board in accordance to Section 93,

Article XI of this Act.

“Otherwise, if the quantity involved is less than the foregoing
quantities, the penalties shall be graduated as follows:

“(1) [Life imprisonment] RECLUSION PERPETUA and a fine
ranging from Four hundred thousand pesos (P400,000.00) to

Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or ‘shabu’ is ten (10) grams or
more but less than fifty (50) grams;

“xxx.”

“SEC. 25. Qualifying Aggravating Circumstances in the
Commission of a Crime by an Offender Under the Influence of
Dangerous Drugs. — Notwithstanding the provisions of any law to
the contrary, a positive finding for the use of dangerous drugs shall


be a qualifying aggravating circumstance in the commission of a
crime by an offender, and the application of the penalty provided
for in the Revised Penal Code shall be applicable.

“IF THE CRIME COMMITTED BY SUCH PERSON UNDER
‘THE INFLUENCE OF DANGEROUS DRUGS IS PUNISHABLE
BY RECLUSION TEMPORAL OR HIGHER, THE PENALTY
TO BE IMPOSED SHALL BE RECLUSION PERPETUA TO
DEATH:

“PROVIDED, THAT THE LABORATORY EXAMINATION OR
DRUG TEST IS STRICTLY CONDUCTED PURSUANT TO
ARTICLE Ill OF THIS ACT:

“PROVIDED, FURTHER, THAT THE COMPLAINT OR
INFORMATION SHALL ALLEGE WITH PARTICULARITY
THAT THE ACCUSED WAS UNDER THE INFLUENCE OF
DANGEROUS DRUGS AT THE TIME OF THE COMMISSION
OF THE OFFENSE:

“PROVIDED, FINALLY, THAT ONCE A COMPLAINT OR
INFORMATION HAS BEEN FILED, NO AMENDMENT TO
INCLUDE THE ALLEGATION THAT THE ACCUSED WAS
UNDER THE INFLUENCE OF DANGEROUS DRUGS AT THE
TIME OF THE COMMISSION OF THE OFFENSE SHALL BE
ALLOWED.”

“SEC. 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals, _ Instruments/Paraphernalia_ and/or _—_ Laboratory
Equipment Including the Proceeds or Properties Obtained from the
Unlawful Act Committed. — The penalty of [life imprisonment]
RECLUSION PERPETUA TO DEATH and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual disqualification
from any public office, shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including
the proceeds or properties obtained from the unlawful acts as
provided for in this Act.

“Any elective local or national official found to have benefited


from the proceeds of the trafficking of dangerous drugs as
prescribed in this Act, or have received any financial or material
contributions or donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in this Act,
shall be removed from office and perpetually disqualified from
holding any elective or appointive positions in the government, its
divisions, subdivisions, and intermediaries, including government
‘owned or -controlled corporations.”

“SEC. 29. Criminal Liability for Planting of Evidence. ~ Any
person who is found guilty of ‘planting’ any dangerous drug and/or
controlled precursor and essential chemical, regardless of quantity
and purity, shall suffer the penalty of [life imprisonment]
RECLUSION PERPETUA TO DEATH.”

SEC. 5. Article 47 of the Revised Penal Code, as amended, is further
amended to read as follows:

“ART. 47. IN WHAT CASES THE DEATH PENALTY SHALL
NOT BE IMPOSED; AUTOMATIC REVIEW OF THE DEATH
PENALTY CASES. — THE DEATH PENALTY SHALL NOT BE
IMPOSED WHEN THE GUILTY PERSON IS BELOW
EIGHTEEN (18) YEARS OF AGE AT THE TIME OF THE
COMMISSION OF THE CRIME OR IS MORE THAN
SEVENTY (70) YEARS OF AGE OR UPON THE AUTOMATIC
REVIEW OF THE CASE BY THE COURT OF APPEALS OR,
WHERE APPLICABLE, BY THE SUPREME COURT EN
BANC, THE REQUIRED MAJORITY VOTE IS NOT
OBTAINED FOR THE IMPOSITION OF THE DEATH
PENALTY.

“IN ALL CASES WHERE THE DEATH PENALTY IS
IMPOSED, THE RECORDS SHALL BE FORWARDED BY
THE TRIAL COURT TO THE COURT OF APPEALS OR THE
SUPREME COURT EN BANC, WITHIN TWENTY (20) DAYS
BUT NOT EARLIER THAN FIFTEEN (15) DAYS AFTER
PROMULGATION OF THE JUDGMENT OR NOTICE OF
DENIAL OF ANY MOTION FOR NEW TRIAL OR
RECONSIDERATION. THE TRANSCRIPT SHALL ALSO BE
FORWARDED WITHIN TEN (10) DAYS FROM THE FILING
THEREOF BY THE STENOGRAPHIC REPORTER. NO
NOTICE OF APPEAL SHALL BE REQUIRED FOR THE
PERFECTION OF AN AUTOMATIC APPEAL.”

SEC. 6. Article 81 of the Revised Penal Code, as amended, is hereby
further amended to read as follows:


“ART. 81. WHEN AND HOW THE DEATH PENALTY IS TO
BE EXECUTED. - THE DEATH SENTENCE SHALL BE
EXECUTED WITH PREFERENCE TO ANY OTHER AND
SHALL CONSIST IN PUTTING THE PERSON UNDER
SENTENCE TO DEATH BY ANY OF THE FOLLOWING
METHODS:

“(A) HANGING;

“(B) FIRING SQUAD; OR

“(C) LETHAL INJECTION.

“THE DEATH SENTENCE SHALL BE EXECUTED UNDER
THE AUTHORITY OF THE DIRECTOR OF THE BUREAU OF
CORRECTIONS WHO SHALL TAKE STEPS TO ENSURE
THAT THE EXECUTION UNDER ANY OF THE ABOVE
METHODS IS SUFFICIENT TO CAUSE THE
INSTANTANEOUS DEATH OF THE CONVICT.

“PURSUANT TO THIS, ALL PERSONNEL INVOLVED IN
THE HANGING, FIRING SQUAD AND IN THE
ADMINISTRATION OF THE LETHAL INJECTION SHALL BE
TRAINED PRIOR TO THE PERFORMANCE OF SUCH TASK.

“THE AUTHORIZED PHYSICIAN OF THE BUREAU OF
CORRECTIONS, AFTER THOROUGH EXAMINATION,
SHALL OFFICIALLY MAKE A PRONOUNCEMENT OF THE
CONVICT’S DEATH AND SHALL CERTIFY THERETO IN
THE RECORDS OF THE BUREAU OF CORRECTIONS.

“THE DEATH SENTENCE SHALL BE CARRIED OUT NOT
EARLIER THAN ONE (1) YEAR NOR LATER THAN
EIGHTEEN (18) MONTHS AFTER THE JUDGMENT HAS
BECOME FINAL AND EXECUTORY, WITHOUT PREJUDICE
TO THE EXERCISE BY THE PRESIDENT OF EXECUTIVE
CLEMENCY POWERS AT ALL TIMES.”

SEC. 7. Duty of Prosecutor When Filing Information Involving Heinous Offenses. —
Upon the filing of an information involving any offense punishable by death, the public
prosecutor shall furnish copies of said information to the Commission on Human Rights, which
is mandated to give notice to interested parties including, but not limited to, the Integrated Bar of
the Philippines and religious or civic organizations.

SEC. 8. Creation of Special Panel of Senior Government Lawyers for Cases on
Appeal Where the Death Penalty is Imposed. ~ After a judgment of conviction by a Regional
Trial Court sentencing the accused to the penalty of death had been rendered, the Chief Public
Attorney shall convene a special panel composed of senior Public Attorneys to handle the


automatic appeal or to assist the accused in death penalty cases, without prejudice to the exercise
by the Office of the Solicitor General of its mandate as the People’s Tribune to avoid a
miscarriage of justice.

The Solicitor General or the Chief Public Attorney may recommend to the Office of the
President the reprieve or the suspension of the execution of the death sentence.

SEC. 9. Implementing Rules and Regulations. — Within thirty (30) days from the
approval of this Act, the Secretary of Justice shall promulgate the necessary rules and regulations
for the effective implementation of this Act.

SEC. 10. Separability Clause. — If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.

SEC. 11. Repealing Clause. ~ Republic Act No. 9346, entitled “An Act Prohibiting the
Imposition of the Death Penalty in the Philippines” is hereby repealed. Act No. 3815 and
Republic Act No. 9165 are hereby amended accordingly. All other laws, rules, regulations,
orders, circulars and other issuances or parts thereof which are inconsistent with the provisions
of this Act are hereby repealed, amended or modified accordingly.

SEC. 12. Effeetivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,