FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Reguiar Session }

HOUSE OF REPRESENTATIVES

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

House BilNo. 4520

EXPLANATORY NOTE

Last June 24, 2006, Republic Act 9346 was enacted into law thereby
prohibiting the imposition of death penalty in the Philippines. While the
rationale for passing the law was very claar and noble, there are some sectors
of society who believe that this taw is not just and equitable because while
foreigners may not be executed in the Philippines for drug trafficking, Filipinos.
who commit the same are executed in other jurisdictions.

One argument against RA 9346 is made in context of drug related
crimes. Many foreign nationals are now emboldened to establish their drug
factories in the Philippines because once convicted, they only suffer iif
imprisonment as opposed to the penalties that thay may suffer in their
countries which is in some cases death (i.e. China).

There have been constant reports of foreign nationals, including
Chinese nationals, being caught selling drugs and operating drug dens and
laboratories in the Philippines. And once caught and convicted, the penatty
that our local courts may impose is only Ife imprisonment,

This is a sad, or even unfair situation because when Filipinos are
caught drug trafficking abroad, they may be imposed the death penalty, as
seen in the most recent execution of the three Filipinos in China, namely
Elizabeth Batain, 38, Satly Ordinanio-Villanueva, 32, and Ramon Credo, 42


‘While there is no reason to question the laws of foreign countries, we
must however, ensure that our countrymen do nat suffer the short and of the
stick. As such, there is a need to amend our laws to ensure that foreign
nationals caught violating our laws on drugs be also convicted of the harshest
penaltes that their national law imposes.

In view of the foregoing, immediate passage of this bill is eamestty
requested.

RUFUS 8. HGUEZ

woo BE se JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

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

House Bil No. S010

AN ACT
AMENDING REPUBLIC ACT 9165, OTHERWISE KNOWN AS THE
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 BY
WAPLEMENTING CHANGES IN THE PENALTIES APPLIED WHEN THE
OFFENDER IS A FOREIGN NATIONAL

Be it enacted by the Senate and the House of Representatives of the

Philippines in Congress Assembled:

SECTION 1. Section 31 of Republic Act 9165 is hereby amended to read as

follows:
Section 31. [Additional] Penalty if Offender is an
Alien, — 1 THE VIOLATOR OF ANY OF THE
PROVISIONS OF THIS ACT IS AN ALIEN, THE
PENALTY TO BE IMPOSED SHALL BE THE
PENALTY PRESCRIBED BY THEIR NATIONAL
LAW FOR THE ACT COMMITTED OR THE
PENALTY PRESCRIBED BY THIS ACT,
WHICHEVER IS HIGHER, PROVIDED, THAT IF THE
ACT COMMITTED IS NOT PUNISHABLE IN THEIR
NATIONAL LAW, THEN THE PROVISIONS OF THIS
ACT SHALL APPLY.

WHERE THE DEATH PENALTY IS NOT

IMPOSED, in addition to the penalties prescribed in
the unlawful act committed, any alien who violates
such provisions of this Act shalt, after service of
sentence, be deported immediately without further
proceedings.[, unless the penaity is death.]


THE PENALTY OF DEATH, IF APPLICABLE,
SHALL BE IMPOSED DESPITE THE PROHIBITION
OF THE IMPOSITION OF THE DEATH PENALTY IN
THE PHILIPPINES.

SEC. 2. Repealing Clause. — All laws, executive orders, rules and regulations
or parts thereof in conflict with the provision of this Act are hereby repealed or
amended accordingly.

SEC. 3. Separability Clause. ~ If for any reason any section oF provision of
this Act, of any portion thereof, or the application of such section, provision or
portion thereof to any person, group or circumstance is declared invalid or
unconstitutional, the remainder of this Act shall not be affected by such
declaration and shall remain in force and effect.

SEC. 3. Effectivity. — This Act shall take effect after fifteen (15) days following
its full and complete publication in the Official Gazette or in two (2)
newspapers of general circulation.

Approved.