FIFTEENTH CONGRESS )d
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )
HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2304

House Bill No..

EXPLANATORY NOTE

There is a need to update the provisions of the Revised Penal Code
considering the fact that many of its provisions are no longer attuned to

certain realities. There are penalties which are anti-poor and are not
commensurate to the offense charged. There is therefore a need to see to it

that poor people are not punished unjustly and more severely merely for the

reason that they are poor. Moreover, there are crimes which are graver in
nature, but the imposable penalties are not in keeping with their grave nature.
In view of the foregoing, immediate approval of this bill is earnestly

sought.

RUFUS B. RODRIGUEZ

Maximo’. fobescuer, JR.


FIFTEENTH CONGRESS ) a
REPUBLIC OF THE PHILIPPINES ) 7
FIRST REGULAR SESSION ) . =

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 2904
AN ACT
AMENDING ARTICLES 9, 26, 39, 272, 309 AND 342 OF ACT NUMBER
3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE OF THE
PHILIPPINES

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

SECTION 1. Article 9 of Act No. 3815 is hereby amended to read as follows:

“Art. 9. Grave felonies, less grave felonies and light
felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in any of
their periods are afflictive, in accordance with Article 25 of
this Code.

Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned Art..

Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine not
exceeding [200 pesos] ONE THOUSAND PESOS (P1,000)
or both is provided.”

SEC. 2. Article 26 of Act No. 3815 is hereby amended to read as follows:

“Art. 26. When affictive, correctional, or light penalty.
— A fine, whether imposed as a single of as an altemative
penalty, shall be considered an afflictive penalty, if it
exceeds [6,000 pesos] TEN THOUSAND PESOS (P10,000)
; @ correctional penalty, [if it does not exceed 6,000 pesos
but is not less than 200 pesos; and a light penalty if it less
than 200 pesos.] IF IT IS MORE THAN ONE THOUSAND
PESOS (P1,000) BUT DOES NOT EXCEED TEN
THOUSAND PESOS (P10,000); AND LIGHT PENALTY IF
THE FINE BE ONE THOUSAND PESOS (P1,000) OR
Less.”


SEC. 3. Article 39 of Act No. 3815 is hereby amended to read as follows:

“Art. 39. Subsidiary penalty. — If the convict has no
property with which to meet the fine mentioned in the
paragraph 3 of the next preceding article, he shall be subject
to a subsidiary personal liability at the rate of one day for
each [eight pesos] TWO HUNDRED FIFTY PESOS (P250),
subject to the following rules:

1. If the principal penalty imposed be prision
correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the preceding
paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the term of
the sentence, and in no case shall it continue for more
than one year, and no fraction or part of a day shall
be counted against the prisoner.

2. When the principal penalty imposed be only
a fine, the subsidiary imprisonment shall not exceed
six months, if the culprit shall have been prosecuted
for a grave or less grave felony, and shall not exceed
fifteen days, if for a light felony.

3. When the principal imposed is higher than
prision correccional, no subsidiary imprisonment shall
be imposed upon the culprit.

4, If the principal penalty imposed is not to be
executed by confinement in a penal institution, but
such penalty is of fixed duration, the convict, during
the period of time established in the preceding rules,
shall continue to suffer the same deprivations as
those of which the principal penalty consists.

5. The subsidiary personal liability which the
convict may have suffered by reason of his insolvency
shall [not relieve him, from the fine in case his
financial circumstances should improve] RELIEVE
HIM FROM THE PAYMENT OF FINE. *

SEC. 4. Article 272 of Act No. 3815 is hereby amended to read as follows:

“art. 272. Slavery. — The penalty of [prision mayor
and a fine of not exceeding 10,000 pesos] RECLUSION
PERPETUA shall be imposed upon anyone who shall
purchase, sell, kidnap or detain a human being for the
purpose of enslaving him[], OR FOR THE PURPOSE OF
ASSIGNING THE OFFENDED PARTY TO SOME
IMMORAL TRAFFIC.

[If the crime be committed for the purpose of
assigning the offended party to some immoral traffic, the
penalty shall be imposed in its maximum period.]

SEC. 5. Article 309 of Act No. 3815 is hereby amended to read as follows:


“Art. 309. Penalties. — Any person guilty of theft shall be
Punished by:

4. The penalty of prision mayor in its minimum
and medium periods, if the value of the thing stolen is
more than [12,000 pesos but does not exceed 22,000
pesos] TWENTY THOUSAND PESOS (P20,000)
BUT DOES NOT EXCEED FIFTY THOUSAND
PESOS (P50,000), but if the value of the thing stolen
exceeds the latter amount the penalty shall be the
maximum period of the one prescribed in this
paragraph, and one year for each additional ten
thousand pesos, but the total of the penalty which
may be imposed shall not exceed twenty years. In
such cases, and in connection with the accessory
penalties which may be imposed and for the purpose
of the other provisions of this Code, the penalty shall
be termed prision mayor or reclusion temporal, as the
case may be.

2. The penalty of prision correccional in its
medium and maximum periods, if the value of the
thing stolen is more than [6,000 pesos but does not
exceed 12,000 pesos] TEN THOUSAND PESOS
(P10,000) BUT DOES NOT EXCEED TWENTY
THOUSAND PESOS (P20,000).

3. The penalty of prision correccional in its
minimum and medium periods, if the value of the
property stolen is more than [200 pesos but does not
exceed 6,000 pesos] ONE THOUSAND PESOS
(1,000) BUT DOES NOT EXCEDD TEN THOUSAND
PESOS (P10,000).

4. Arresto mayor in its medium period to prision
correccional in its minimum period, if the value of the
property stolen is over [50 pesos but does not exceed
200 pesos] FIVE HUNDRED PESOS (P500) BUT
DOES NOT EXCEED ONE THOUSAND PESOS
(P10,000).

[5. Arresto mayor to its full extent, if such value is
‘over 5 pesos but does not exceed 50 pesos.]

[6. Arresto mayor in its minimum and medium
periods, if such value does not exceed 5 pesos.]

171] 5. Arresto menor or a fine not exceeding
[200 pesos] FIVE HUNDRED PESOS (P500), if the
theft is committed under the circumstances
enumerated in paragraph 3 of the next preceding
article and the value of the thing stolen does not
exceed [5 pesos] ONE HUNDRED PESOS (P100). If
such value exceeds said amount, the provision of any
of the [five] FOUR preceding subdivisions shall be
made applicable.


[8.] 6. [Arresto menor in its minimum period or
a fine not exceeding 50 pesos] FINE NOT
EXCEEDING TWO HUNDRED FIFTY PESOS
(P250), when the value of the thing stolen is [not over
5 pesos] LESS THAN ONE HUNDRED PESOS
(100), and the offender shall have acted under the
impulse of hunger, poverty, or the difficulty of eaming
a livelihood for the support of himself or his family.”

SEC. 6. Article 342 of Act No. 3815 is hereby amended to read as follows:

“Art. 342. Forcible abduction. — The abduction of any
woman against her will and with lewd designs shall be
punished by reclusion temporal, UNLESS THE FEMALE
ABDUCTED BE UNDER TWELVE YEARS OF AGE IN
WHICH CASE, THE PENALTY OF RECLUSION
PERPETUA SHALL BE IMPOSED.

[The same penalty shall be imposed in every case, if the
female abducted be under twelve years of age.]”

SEC. 7. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SEC. 8. 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.

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,