Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL.No, 8944

Introduced by Representative MARLYN PRIMICIAS-AGABAS

EXPLANATORY NOTE

It is well-entrenched that laws are essential for men to live in a civilized
society. The re-codification of these laws into a systemized body of rules is
necessarily crucial in order for the people to be properly informed and guided by
them.

However, it is a fact that our penal laws need to be revisited, reviewed, and re-
codified for them to be more responsive to the rapidly changing modern times
Through the creation of a Penal Code Commission, the proponent believes that this
is an opportune time for us to re-codify all our substantive penal laws after several
decades since their codification.

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

|PRIMICIAb-AGABAS
6° Disfrict, Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 3344

Introduced by Representative MARLYN PRIMICIAS-AGABAS

AN ACT
CREATING A PENAL CODE COMMISSION TO REVIEW AND RE-
CODIFY ALL EXISTING SUBSTANTIVE PENAL LAWS OF THE
PHILIPPINES, DEFINING ITS COMPOSITION AND FUNCTIONS, AND
APPROPRIATING FUNDS THEREFORE

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

SECTION 1. Title. — This Act shall be known as the “Penal Code Re-
codification Act of 2010.”

SECTION 2. Objective. - There is an urgent need for the review, revision, and
re-codification of all the existing substantive penal laws of the Philippines in order for
the country to have a compiled and systematic Penal Code attuned to the present
times, in conformity with the customs, traditions and idiosyncrasies of the Filipino
people and modem trends in legislation and the progressive principles of law.

SECTION 3. Creation. ~ There shall be created a Penal Code Commission to
review, revise and re-codify all existing substantive penal laws of the Philippines

SECTION 4. Composition and Structure. - The Chairman of the Penal Code
Commission shall be an Associate Justice of the Supreme Court. The Vice-Chairman
shall be the Secretary of Justice or his representative who, in no case, shall have a
rank lower than undersecretary. The University of the Philippines (UP) Law Center
shall serve as the Secretariat. The Penal Code Commission shall be composed of the
Chairman, Vice-Chairman, the Secretariat, and the following Members:

a) Two (2) retired Justices of the Supreme Court;

b) A representative from the Philippine Judiciary Academy;

c) A representative from the Integrated Bar of the Philippines (IBP);

d) A representative from the Association of Law Deans of the
Philippines;

) Chief of the Public Attorney's Office (PAO) or his representative;
and

f) A member of the academe who is an expert in Criminal Law,
practitioner and/or professor of Criminal Law for at least ten (10)
years.

With the exception of Chairman and Vice-Chairman who shall be appointed
by their respective agencies in their ex-officio capacity, the Members shall be
appointed by the President of the Philippines.


SECTION 5. Functions. — The Penal Code Commission shall have the
following powers and functions:

a) To review and revise all the existing substantive penal laws of the
Philippines and to re-codify them;
b) To call on any official or employee of any branch, department,
bureau, office, subdivision, agency, or instrumentality of the
government to assist or otherwise extend his cooperation to the
Commission in connection with the performance of its functions to
carry out the provisions of this Act;
To complete its work not later than one (1) year from the date of
the composition of the Commission;
‘To submit to the President of the Philippines a report of the work
undertaken by it together with the corresponding drafis of the
Penal Code for submission to the Congress of the Philippines; and
Perform such other functions as may be necessary to carry out the
objectives of this Act.

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SECTION 6. Secretariat. - The Commission shall organize a Secretariat
tasked to provide administrative and technical support to the Commission. The
Commission shall fix its staffing pattern, determine the duties, qualifications, and
functions, as well as the compensation of the positions to be created. The staffing
pattern shall be submitted for approval of the Commission within thirty (30) days
from the date of the composition of the Commission.

The Secretariat shall be headed by an Executive Director coming from the UP
Law Center and who shall be appointed by the Chairman. He shall execute and
administer policies and decisions of the Commission, attend to its mectings and
deliberations, monitor the implementation of the programs thereof, and manage the
operations thereof.

SECTION 7. Existence. ~ Upon the completion of its work and the submission
of its report, the Penal Code Commission shall cease to exist and the services of the
Chairman, Vice-Chairman and the Members of the same, including all employees
working under it shall terminate. All records and documents and proceedings of the
Penal Code Commission shalll be delivered to the National Library for preservation
and disposition by the latter. The other properties shall be disposed of in accordance
with existing auditing and accounting rules and regulations. The unexpended
balances of its appropriations shall revert to the unappropriated general fund

SECTION 8. Compensation. - The Chairman, Vice-Chairman and Members of
the Penal Code Commission shall receive per diem for every meeting actually
attended at such amount to be fixed by the Commission but not to exceed two
thousand pesos (P2,000.00) per meeting.

SECTION 9. Office. — The Penal Code Commission shall have its office in
Metro Manila and may hold meetings at such time and place within the Philippines
as the Chairman may order in writing

SECTION 10. Approval. — The completed work of the Penal Code
Commission shall be subject to the approval of Congress.

SECTION 11. Appropriations. — The sum of ten million pesos
(P10,000,000.00) is hereby appropriated for the necessary expenses of the Penal
Code Commission.


SECTION 12. Separability Clause. — If any provision or part hereof is held
invalid or unconstitutional, the remainder of the law or provision not otherwise
affected shall remain valid and subsisting.

SECTION 13. £ffectivity. ~ This act shall take effect immediately after its
publication in two (2) newspapers of general circulation.

Approved,