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

Fifteenth Congress
First Regular Session

House Bit'No.__8655

Introduced by Rep. Daisy Avance-Fuentes

EXPLANATORY NOTE

‘The Constitution under Article I, Sec. 5 states that “The maintenance of peace and
order, the protection of life, liberty, and property and the promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of democracy.” In view of this
provision, particularly on the aspect of the maintenance of peace and order that this bill seeks
to introduce measures to address the problem of prison riots in jails and penal colonies.

From time to time, reports of violence and mass escapes of prisoners from penal
institutions or colonies as a consequence of riots are played up in the media. These
occurrences lead some people to question with a sense of sarcasm, the efficiency of our penal
institution. It erodes our confidence on the ability of jail wardens in maintaining peace and
order and in securing the safety of prisoners in these facilities. Prisoners are convicted
criminals serving the penalty imposed on crimes that they have committed. As public
enemies, they deserve to endure their sentence. The government has the duty to see to it that
these criminals are incarcerated until the completion of their sentence.

As provided under Article 153 of the Revised Penal Code, tumults and other
disturbances of public orders are penalized in relation to the provisions under Articles 131
and 132 which penalize the prohibition, interruption and dissolution of peaceful meetings and
religious worship respectively. Prison riots, which are considered as disturbances of a public
nature, are necessarily included therein. It is contended, however, that there is a necessity to
Put emphasis on said acts because of its constant recurrence which might eventually ripen
into jail breaks, mindless violence or other fatal outcomes.

Separate penalties need to be imposed on offenders thereof and negligent jail
employees must also be penalized. Hence, an amendment of Art. 153 of the Revised Penal
Code is hereby proposed.


In view of the foregoing, support of this bill is earnestly requested.

ts
DAISY A’ iCE-FUENTES


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

Fifteenth Congress
First Regular Session

5
House Bilt No,__ 8655

Introduced by Rep. Daisy Avance-Fuentes

AN ACT
AMENDING ARTICLE 153 OF THE REVISED PENAL CODE IN ORDER TO
INCREA‘ !HE PENALTY FOR PRISONERS OR JAIL EMPLOYEES WHO SHALL
CAUSE PRISON RIOTS AND FOR OTHER PURPOSES

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

TION 1. Amendment. Ant. 153 of the Revised Penal Code is hereby amended 10
read as follows:

Ant, 153. Tumults and other disturbances of public orders-Tumultuous disturbance or
interruption liable to cause disturbance. ~ The penalty of arresto mayor in its medium period
to prisién correecional in its minimum period and a fine not exceeding P1,000,00 pesos shall
be imposed upon any person who shail cause any serious disturbance in a public place, office,
or establishment, or shall interrupt or disturb public performance, functions or gatherings, or
peaceful meetings, if the act is not included in the provisions of Anticles 131 and 132

IN CASE SAID DISTURBANCE IS CAUSED OR PARTICIPATED BY A
PRISONER IN A PENAL INSTITUTION OR COLONY, HE SHALL SUFFER THE
PENALTY OF PRISION CORRECCIONAL IN [TS MAXIMUM PERIOD AND A FINE
NOT EXCEEDING TWENTY THOUSAND PESOS (P20,000.00). IF SUCH RIOT
CAUSES THE ESCAPE OF A PRISONER OR PRISONERS THEREIN OR DEATH,
PHYSICAL INJURIES OR ILLEGAL DETENTION OCCURRED, THE PENALTY OF
PRISION MAYOR SHALL BE IMPOSED.

ANY JAIL EMPLOYEE WHO CAUSES OR PATICIPATES IN| THE
OCCURRENCE OF SAID RIOT, DISTURBANCE OR INTERRUPTION SHALL SUFFER
THE PENALTY OF PRISION MAYOR INCLUDING THE ACCESSORY PENALTY OF
PERPETUAL DISQUALIFICATION FOR PUBLIC OFFICE.



ANY JAIL EMPLOYEE WHO IS PROVEN TO BE NEGLIGENT IN
PREVENTING PRISON RIOTS SHALL BE DISMISSED FROM THE SERVICE.

The penalty next higher in degree shall be imposed upon persons causing any
disturbance or interruption ofa tumultuous character.

The disturbance or interruption shall be imposed upon any person who in any
meeting, association or public place shall make any outery tending to invite rebellion or
sedition or in such place shall display placards or emblems which provoke a disturbance of
the public order.

‘The penalty of arresio menor and a fine not to exceed P200 shall be imposed upon
those persons who in violation of the provisions contained in the last clause of Article 85,
shall bury with pomp the body of a person who has been legally executed.

Section 2. Repealing Clause. All laws, decrees, rules and regulations inconsistent with
or contrary to the provisions of this Act are hereby amended or repealed accordingly.

Section 3. Effectivity. This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation.

Approved,