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NINETEENTH CONGRESS
First Regular Session

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House Bill No.6886 Wp INDEXS

Introduced by
Senior Citizens Party-List Representative RODOLFO "OMPONG” M. ORDANES

EXPLANATORY NOTE

According to the 2018 data from the Bureau of Jail Management and Penology, there
are at least 3,000 senior citizens who are detained while awaiting the verdict of criminal cases
against them. In the New Bilibid Prison alone, more than 1,500 senior citizens are already
incarcerated in it.

The principle behind incarcerating those convicted of crimes is to protect society from
possible recidivism by these individuals and help them rehabilitate during the service of their
sentence. However, these benefits of societal protection and possible rehabilitation by the
convict are not applicable when incarcerating octogenarians.

According to a study, senior citizens over 85 years of age are already considered frail
and have a significant risk of falls, disability, need for long-term care, sudden health status
changes triggered by minor stressor events, and even death.' To make the situation of senior
citizen convicts worse, Frailty is expected to have aggravated consequences and increase
among senior citizens due to the COVID-19 pandemic.

This means that due to the inherent age-related conditions that octogenarians suffer
from, it is highly unlikely that they are capable of becoming recidivists once they are released
from incarceration. Furthermore, their condition also puts into question whether they can be
‘successfully rehabilitated due to the conditions in prison that will aggravate their pre-existing

* Dr. Andre Clegg, MD, et. al, Frailty in elderly people, 381 The Lancet 9868 (02 March 2013).

BY Beri by


health conditions. In fact, most of them pass away even before they complete the service of
their sentence,

Last year, in time for President Ferdinand Marcos Jr.’s 65" birthday, the Department
Of Justice showed compassion to hundreds of our senior citizens deprived of liberty by
requesting executive clemency to those aged at least 70 years and are infirm. While senior
citizens welcome this development, we still feel the plight of those who were left behind,

This bill seeks to alleviate the plight of low-risk octogenarian convicts who are still
serving their sentence for crimes with a correctional penalty by extinguishing their criminal

liability. This is in recognition of their unique situation that causes any incarceration against
them to cause more harm than good for them and society as a whole.

The passage of this bill is earnestly sought.

RODOLFO “OMI M. ORDANES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No.6886

Introduced by
Senior Citizens Party-List Representative RODOLFO "OMPONG” M. ORDANES

AN ACT

AN ACT EXTINGUISHING THE CRIMINAL LIABILITY OF THOSE SENIOR CITIZENS
CONVICTED OF LESS HEINOUS CRIMES, WHO WHILE SERVING THEIR
SENTENCE, HAVE REACHED THE AGE OF AT LEAST EIGHTY YEARS OLD.

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

SECTION 1. Short Title. — This Act shall be known as the “Octogenarian Pardon Act”.

‘SEC. 2. Title 4, Chapter 1 of the Revised Penal Code is hereby amended to read as follows:

“Article 89. How criminal liability is totally extinguished. - Criminal

liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and as to
pecuniary penalties, liability therefor is extinguished only when the
death of the offender occurs before final judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its
effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;


7. By the marriage of the offended woman, as provided in Article 344 of
this Code; and

8. Upon reaching or having reached the age of 80 years of age, a
convict, has served the minimum period of his/her prison term
and whose crime does not qualify as a heinous crime. Provided
that, this privilege can only be availed of once by an individual
and will not be available to habitual delinquents, recidivists,
and/or quasi-recidivists. Provided finally, that this privilege
shall not act as a waiver for the payment of fines by the convict
for the crime he/she committed.”

SEC. 3. Suppletory Application. — For purposes of this Act, the Revised Penal Code, and
other applicable laws, shall have suppletory application.

SEC. 4. Separability Clause. —If any provision of this Act shall be declared unconstitutional
or invalid, such declaration shall not invalidate other parts thereof which shall remain in full

force and effect.

SEC. 5. Repealing Clause.- All laws, presidential decrees executive orders rules, and
regulations or parts thereof which are inconsistent with or contrary to the provisions of this
Act are hereby amended, repealed, or modified accordingly.

SEC. 6. Effectivity.~ This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in any newspaper of general circulation.

Approved.