THIRTEENTH CONGRESS OF 
First Regular Session 
OF THE PHILIPPINES 
THE REPUBLIC 
) 
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) 
S E N A T  
S. No. 
W E  
371 
'. 
Introduced by Senator , R, Osmeiia Ill 
EXPLANATORY NOTE 
The recent spate of prison escapes has caught the attention of the media and 
of the people. Prison escapes, especially when it involves most wanted criminals, do 
not usually go unnoticed. 
What makes it worst is that most of these escapes were facilitated by law 
enforcement officers themselves. 
Police officials admit that incidents like these 
serves as a black mark against the reputation of the force and it has terribly reduced 
the already dwindling confidence of our people with law enforcement agencies. 
At this time when the credibility of our law enforcement agencies is in question, 
there is a pressing need not only to put a stop to this series of escapes but also 
restore people's confidence in the prison system that those who deserve to be put 
behind bars stay there until they have paid society for their misdeeds. 
This bill therefore seeks to increase the deterrent effect of the Revised Penal 
Code on public officers who becomes remiss in their obligation by increasing the 
penalties for violation of Articles 223 and 224, the provisions on infidelity in the 
custody of prisoners. 
In view of the foregoing, approval of this bill is earnestly requested. 
.. . 
I 
, M f i  
SERGIO R. OSMENA 111 
Senator 


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S
T
 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
S. No. 
Introduced by Senator S .  R. OsmeAa I l l  
AN ACT 
INCREASING THE PENALTIES FOR INFIDELITY IN THE CUSTODY OF 
PRISONERS AMENDING FOR THE PURPOSE ARTICLES 223 AND 224, 
CHAPTER FIVE, TITLE SEVEN, BOOK TWO OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
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SECTION I .  Article 223, Chapter Five, Title Seven Book Two of Act No. 
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3815, as amended, otherwise known as the Revised Penal Code, is hereby 
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further amended to read as follows: 
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“ARTICLE 223. 
Conniving with or consenting to evasion. - 
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Any 
public 
officer 
who, 
WITHOUT 
COURT 
ORDER 
OR 
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AUTHORIZATION, SHALL RELEASE A PRISONER AND ALLOW HIM 
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TO RETURN TO PRISON OR DETENTION OR shall consent to the 
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escape of a prisoner in his PHYSICAL custody or charge, shall be 
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punished: 
I O  
1. 
By prision [correccional] MAYOR in its medium 
’. . and 
, 
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maximum periods and [temporary special disqualification in its maximum 
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period to perpetual special] PERPETUAL ABSOLUTE disqualification, if 
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the fugitive shall have been sentenced by final judgment to any penalty. 
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2. 
By prision [correccional] MAYOR in its minimum period and 
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[temporary special] PERPETUAL ABSOLUTE disqualification, in case the 
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fugitive shall not have been finally convicted but only held as a detention 
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prisoner for any crime or violation of law or municipal ordinance.” 


.c 
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follows: 
SEC. 2. Article 224 of the same Act is hereby amended to read as 
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"ARTICLE 224. 
Evasion through negligence. - If the evasion of the 
prisoner shall have taken place through the negligence of the officer 
charged with the conveyance or custody of the escaping prisoner., said 
officer 
shall 
suffer 
the 
penalties 
of 
[arresto 
mayor] 
PRlSlON 
CORRECCIONAL in its MEDIUM AND maximum periods [to prision 
correccional in its minimum period] and temporary [special] ABSOLUTE 
d i sq u a I if ica t i o n . " 
SEC. 3. All laws, decrees, executive orders, rules and regulations, or 
parts hereof inconsistent with the provision of this Act are hereby repealed, 
amended or modified accordingly. 
SEC. 4. 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 
whichever comes earlier. 
Approved, 
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