Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15" CONGRESS
First Regular Session

HOUSE BILLNO.__29'78

Introduced by REP. SALVADOR H. ESCUDERO III

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. Inctiminating innocent
person 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 10 twelve years, The
bill likewise increases the penalty for intriguing against honor from arresto menor or
imprisonment for | to 30 days, to prision correccional, which means imprisonment from 6
‘months and one day to six years.

In view of the foregoing, immediate passage of the bill is earnestly sought.

EE Za
SALVADOR H. ESCUDERO III

Representative
1* District, Sorsogon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15" CONGR
First Regular Session

House BiLLNo.__2978

Introduced by REP. SALVADOR H. ESCUDERO Il

AN ACT
AMENDING ARTICLES 363 AND 364 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 Philippines in

Congress 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] PRISION MAYOR IN
ITS MINIMUM PERIOD."

SEC 2. Article 364 of the same Act, is likewise hereby further amended to read as
follows:

“Art, 364, Intriguing Against Honor. - The penalty of [arresto menor] PRISION
CORRECCIONAL IN ITS MINIMUM PERIOD or a fine not exceeding [200]
50,000 pesos shall be imposed for any intrigue which has for its principal purpose to
blemish the honor or reputation of a person.”

SEC. 3. 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. 4, Repealing Clause. - All laws, orders, decrees, rules and regulations, and other
parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SEC. 5. Effectivity. - This act shall take effect fifteen (15) days after its publicatio
the Official Gazette or atleast two (2) newspapers of general circulation.

Approved,