THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Biazon 
EXPLANATORY NOTE 
Section 16 of Article 111, Bill of Rights, guarantees: 
"All persons shall have the right to speedy disposition of their cases 
before all judicial, quasi-judicial, or administrative cases." 
Viewed in actual operation, the citizen's enjoyment of this right is oftentimes defeated 
due to the prolonged delays in the disposition of criminal cases. Identified as the major cause of 
these prolonged delays is the volume of cases entering the criminal justice system, far beyond the 
capabilities of the police, speedily and competently. 
De minimis non curat lex. But many of the cases that occupy the attention and energies of 
our police, prosecutors, judges, and prison authorities relate to minor offenses, infractions that 
cause little or no damage to persons, property, and community and those not motivated by malice 
but by some psychological disorders that call for treatment instead of punishment. 
Some even punish victims of circumstances. A foremost example of these is vagrancy 
which is penalized under Article 202 of the Revised Penal Code. 
The continuing prosecution of vagrancy fails to recognize the phenomenon of mass 
poverty afflicting the country today. Vagrants are victims of the failure of our society to provide 
them adequate social services, full employment, decent standard of living and quality of life. 
This is especially true in the case of women whose economic emancipation is a relatively 
modem phenomenon and the effects of which is not as widespread as it should be. Thus the 
resort to vagrancy. 
Thus, the urgent need to decriminalize the offense 
In addition to vagrancy, the attached bill seeks to decriminalize the following felonies as 
defined and penalized under the Revised Penal Code: simple disobedience to an agent of a 
person in authority (Art.lSl), alarms and scandals (Art. 155), refusal of assistance (Art. 233), 
refusal to discharge elective office (Art. 234), abandonment of minor by person entrusted with 
his custody and care and indifference of parents (Art. 277), and premature marriages (Art. 351). 
On the other hand, the crimes of anticipation of duties of a public office (Art. 236) and 
reckless imprudence and negligence respecting damage only to property (Art 365) are no longer 
penalized with deprivation of liberty. Instead, fines, indemnification, restitution, compensation 
and community service are imposed on the culprit. 
The Bill reflects the recommendations of the Justices who attended the Technical 
Working Group conducted by the Committee on Justice and Human Rights last 3 September 
1993, as well as that of the Prosecutors League of Manila. 


, 
L. 
P 
This bill is truly human and underscores rehabilitation as the ultimate purpose of the 
criminal system. It is expected that the approval of this bill will help decongest the dockets of 
police, prosecution, courts and correctional agencies and thereby improve the quality of justice. 
In view of the foregoing, approval of this bill is earnestly requested. 
Senator 


THIRTEENTH CONGRESS OF THE mPUBLIC ) 
OF THE PHILIPPINES 
1 
'04 
,J& -2 
n4 :09 
First Regular Session 
) 
S E N A T E  
S. No. 
1311 
Introduced by Senator Biazon 
AN ACT 
TO 
IMPROVE 
THE ADMINISTICATION 
OF JUSTICE BY 
DECRIMINALIZING AND PROVIDING FOR THE IMPOSITION OF 
ALTERNATIVE PENALTIES SHORT OF DEPRIVATION OF 
LIBERTY FOR CERTAIN OFFENSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled 
SECTION 1. Declaration of Policy. - It is hereby declared the policy of the State to 
provide for a more humane, realistic and responsive mode of dealing with criminal offenders. 
This objective shall be attained, among others, by decriminalizing or declaring as lawful certain 
offenses that inflict no harm or only minimal damage to society and by the imposition of 
alternative penalties short of deprivation of liberty as regards certain offenses. 
SEC. 2. Offenses Decriminalized. - The following offenses are hereby decriminalized: 
(a) Simple disobedience to an agent of a person in authority as defined in Article 15 1 of 
the Revised Penal Code. 
(b) Alarms and scandals as defined in Article 155 of the Revised Penal Code except those 
committed inside public buildings, churches and schools on occasions when there are 
assemblies or official functions taking place. 
(c) Vagrancy as defined by the same Article 202 of the Revised Penal Code: Provided, 
That prostitution as defined by the same Article shall continue to be punishable. 
(d) Refusal of assistance as defined in Article 233 of the Revised Penal Code. 
(e) Refusal to. discharge elective office as defined in Article 234 of the Revised Penal 
Code. 
(f) Premature marriages as defined in Article 351 of the Revised Penal Code, 


1 
(g) All offenses similar to the foregoing which are penalized by special laws or 
ordinances. 
SEC. 3. Offenses With Substituted Penalties. - In lieu of the existing penalties involving 
deprivation of liberty for anticipation of duties of a public office as defined in Article 236 and 
reckless imprudence and negligence as defined in Article 365 resulting only in damage to 
property, respectively, of the Revised Penal Code, the following sanctions shall be imposed 
either alternatively or cumulatively in the discretion of the Court: 
(a) Fine 
(b) Indemnification 
(c) Restitution 
(d) Compensation 
(e) Community service for not more than thirty (30) days. 
SEC. 4. Transitow Provisions. - All cases pending before the courts and the 
prosecutors’ offices involving offenses decriminalized herein shall be ipso facto dismissed 
and/or terminated. All convicts serving sentence herein decriminalized shall be released 
immediately. 
SEC. 5. Repealing Clause. -All laws, decrees or executive orders, rules and regulations, 
ordinances, or parts thereof, contrary to or inconsistent with the provisions of this Act are hereby 
repealed. 
SEC. 6. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the other provisions hereof shall not be affected thereby. 
SEC. 7. Effectivity. - This Act shall take effect fifteen (1 5) days after its publication in 
the Official Gazette or in two (2) newspapers of general circulation. 
Approved,