FIFTEENTH CONGRESS OF THE 
REI>UBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SEN ATE 
'11 
NOV 17 [' 2 :46 
COMMITTEE REPORT NO. _8_2 __ _ 
Submitted jointly by the Committees on Justice and Human Rights and Constitutional 
Amendments, Revision of Codes and Laws on 
NOV 1 7 2011 
. 
Re: 
Senate Bill No. 
3064 
Recommending its approval in substitution of Senate Bill Nos. 116, 1151, 1295, 2115, 
2363,2374,2423 and 2462 taking into consideration HBN 417 
Sponsor: Senator Escudero 
MR. PRESIDENT: 
The Committees on Justice and Human Rights and Constitutional Amendments, 
Revision of Codes and Laws to which were referred S. No. 116, introduced by Senator 
Gregorio B. I-Ionasan, II, entitled: 
"AN ACT 
AMENDING ARTICLE NINETY-NINE OF ACT NUMBERED THIRTY-EIGHT 
HUNDRED FIFTEEN, AS AMENDED, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE" 
S. No. 1151, introduced by Senator Manny Villar, entitled: 
"AN ACT 
TO ENSURE THE FAIR AND EQUAL TREATMENT OF PRISONERS, 
AMENDING FOR THAT PURPOSE ARTICLES 39, 94, 97, AND 99 OF ACT NO. 
3815, AS AMENDED, THE REVISED PENAL CODE, AND FOR OTHER 
PURPOSES." 
S. No. 1295, introduced by Senator Manny Villar, entitled: 
"AN ACT 
AMENDING ARTICLE 29 OF ACT NO. 3815, AS AMENDED, THE REVISED 
PENAL CODE, IN ORDER TO GIVE OFFENDERS THE FULLEST BENEFIT 
OF PREVENTIVE IMPRISONMENT AND FOR OTHER PURPOSES." 


S. No. 2115, introduced by Senator Francis Escudero, entitled: 
"AN ACT 
AMENDING ARTICLE 98 OF ACT NO. 3815, AS AMENDED, OTHERWISE 
KNOWN AS THE REVISED PENAL CODE." 
S. No. 2363, introduced by Senator Francis Escudero, entitled: 
"AN ACT 
PROVIDING FOR GOOD CONDUCT TIME ALLOWANCES (GCT A) TO 
DETENTION PRISONERS AND THOSE SERVING SENTENCE BY VIRTUE OF 
FINAL JUDGMENT, APPROPRIATING FUNDS THEREFOR AND FOR 
OTHER PURPOSES." 
S. No. 2374, introduced by Senator Francis Escudero, entitled: 
"AN ACT 
GIVING OFFENDERS THE FULLEST BENEFIT OF PREVENTIVE 
IMPRISONMENT, AMENDING FOR THE PURPOSE ARTICLE 29 OF ACT NO. 
3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL 
CODE." 
S. No. 2423, introduced by Senator Miriam Defensor-Santiago, entitled: 
"AN ACT 
GRANTING MANDATORY GOOD CONDUCT ALLOWANCE TO PRISONERS 
WHO PARTICIPATE IN LITERACY, SKILLS AND VALUES DEVELOPMENT 
PROGRAMS IN PENAL INSTITUTIONS." 
And S. No. 2462,' introduced by Senator Miriam Defensor-Santiago, entitled: 
"AN ACT 
AMENDING ARTICLE 97 OF ACT NO. 3815, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE" 
taking into consideration H. No. 417, introduced by Reps. Angara, Rodriguez (R), De 
Jesus, Paez, Aggabao, Ortega (F), Gullas, Ong and Primicias-Agabas, entitled: 
"AN ACT 
GIVING OFFENDERS THE FULLEST BENEFIT OF PREVENTIVE 
IMPRISONMENT, AMENDING FOR THE PURPOSE ARTICLE 29 OF ACT NO. 
3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL 
CODE." 


have considered the same and have the honor to report them back to the Senate with the 
recommendation that the attached Senate Bill No. __ 3_0_8_4 _____ , prepared by 
the Committees, entitled: 
"AN ACT 
AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE." 
be approved in substitution of Senate Bill Nos. 116, 1151, 1295,2115,2363,2374,2423 
2462, taking into consideration House Bill No. 417, with Senators Honasan, Villar, 
Escudero and Defensor-Santiago as authors thereof. 


Respectfully submitted: 
"'-rJ1'~'~ j~, 
,·vv ~'lt:r 
SEN. MIRIAM EFENSOR-
TIAGO 
Ch irman, 
Committee on Constitutional Amendments, 
Revision of Codes and Laws 
SEN. EDGARDO J. ANGARA 
Vice Chairman, 
Committee on Constitutional Amendments, 
Revision of Codes and Laws 
SEN. FRANCIS G. ESCUDERO 
Chairman, 
Committee on Justice and Human Rights 
Ice Chairman, 
n Justice and Human Rights 
MEMBERS: 
----=:::-------_:-> ----------
--~ 
SEN. MANNY VILLAR 
~:siN:i~~ARDA-
Cmttees. on 
Cmtte. on Justice and Human Rights 
Consti. Amend/nents, Revision of Codes and Laws 
~\k\l-
SEN. ANtoNIO F. TRILLANES IV 
Cmttes. on Justice and Human Rights 
& Consti. Amendments, Revision of Codes and Laws 
,J !"'-Lt',"12L 
! 
/ 
-
SEN. SERGIO R. OSMENA III 
Cmttee. on Justice and Human Rights 
'-,4 
//61 
SEN. JOKiE~~~ ~~ROYO 
Cmttee. on Justice and Human Rights 
~
~~/ 
., 
SEN RAMO REVILLA, JR. 
S3> es. on J1,,,, Ice and I-Iuman Rights 
Cmttee.o Ju tice and Human Rights 
& Consti. Amend el s, Revision of Codes and Laws 
N. P ANGILINAN 
. Amendments, 
d Laws 


A·rv~~~" 
SEN. AQUIdNO "KOKO" PIMENTEL, III 
Cmttee. on Justice and Human Rights 


, t/,,//}/// 
SEN. AN~LO M. LACSON 
Cmmtt e. 011 C nsti. Amendments, 
Revisiol \of CUes and Laws 
. 
/ 
S 
. MANUEL M. LApm~1 
Cmmttee. on Consti. Amendmeti¥s, ) 
Revision of Codes and Laws 
I 
SEN. FERDIN ND R.lMARCOS, JR. 
Cmmtte. on Cons . Amendments, 
Revision of Code and Laws 
Ex-Officio Members: 
N PETER CAYETANO 
HON. JUAN PONCE ENRILE 
Senate President 
"~AA 
Senate Majority 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
3064 
S.No. ____ _ 
,-<"-
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,';-~ 
, 'f~;h;!' Ilr' It" 
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Prepared by the Committees on Justice and Human Rights and Constitutional Amendments, 
Revision of Codes and Laws, with Senators Honasan,Villar, Escudero and Defensor Santiago. 
as authors thereof. 
AN ACT 
AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
1 
Sec. 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised 
2 
Penal Code, is hereby further amended to read as follows: 
3 
"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. -
4 
Offenders or accused who have undergone preventive imprisonment shall be credited in 
5 
the service of their sentence consisting of deprivation of liberty, with the full time during 
6 
which they have undergone preventive imprisonment, if the detention prisoner agrees 
7 
voluntarily [in writing] to abide by the same disciplinary rules imposed upon convicted 
8 
prisoners, except in the following cases: 
9 
1. 
When they are recidivists, or have been convicted previously twice or more times of 
10 
any crime; and 
11 
2. When upon being summoned for the execution of their sentence they have failed to 
12 
surrender voluntarily. 
13 
If the detention prisoner does not agree to abide by the same disciplinary rules 
14 
imposed upon convicted prisoners, he shall DO SO IN WRITING AND SHALL be 
15 
credited in the service of his sentence with four-fifths of the time during which he has 
16 
undergone preventive imprisonment. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
Whenever an accused has undergone preventive imprisonment for a period 
equal to [or more than) the possible maximum imprisonment of the offense charged 
to which he may be sentenced and his case is not yet terminated, he shall be 
released immediately without prejudice to the continuation of the trial thereof or the 
proceeding on appeal, if the same is under review. 
COMPUTATION OF 
PREVENTIVE IMPRISONMENT FOR PURPOSES OF IMMEDIATE RELEASE 
UNDER THIS PARAGRAPH, SHALL BE THE ACTUAL PERIOD OF DETENTION 
WITH GOOD CONDUCT TIME ALLOWANCE: PROVIDED, HOWEVER, THAT IF 
THE ACCUSED IS ABSENT WITHOUT JUSTIFIABLE CAUSE AT ANY STAGE OF 
THE TRIAL, THE COURT MAY MOTU PROPIO ORDER THE RE-ARREST OF THE 
ACCUSED: 
PROVIDED 
FINALLY, 
THAT 
RECIDIVISTS, 
HABITUAL 
DELINQUENTS, ESCAPEES AND 
PERSONS CHARGED WITH 
HEINOUS 
CRIMES ARE EXCLUDED FROM THE COVERAGE OF THIS ACT. 
In case the 
maximum penalty to which the accused may be sentenced is destierro, he shall be 
released after thirty (30) days of preventive imprisonment. 
CREDIT FOR PREVENTIVE IMPRISONMENT FOR THE PENALTY OF 
RECLUSION PERPETUA SHALL BE DEDUCTED FROM THIRTY (30) YEARS." 
Sec. 2. Article 94 of the same Act is hereby further amended to read as follows: 
"ART. 94. 
Partial 
extinction of criminal liability. 
-
Criminal liability is 
20 
extinguished partially: 
21 
1. 
By conditional pardon; 
22 
2. 
By commutation of the sentence; and 
23 
3. 
For good conduct allowances which the culprit may earn while he is UNDERGOING 
24 
PREVENTIVE IMPRISONMENT OR serving his sentence." 
25 
Sec. 3. Article 97 of the same Act is hereby further amended to read as follows: 
26 
"ART. 97. Allowance for good conduct. - The good conduct of any OFFENDER 
27 
QUALIFIED FOR CREDIT FOR PREVENTIVE IMPRISONMENT PURSUANT TO 
28 
ARTICLE 29 OF THIS CODE, OR OF ANY CONVICTED prisoner in any penal 
29 
institution, REHABILITATION OR DETENTION CENTER OR ANY OTHER LOCAL 
30 
JAIL, shall entitle him to the following deductions from the period of his sentence: 
31 
1. During the first two years of imprisonment, he shall be allowed a deduction of [five) 
32 
TWENTY days for each month of good behavior; 
33 
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a 
34 
deduction of [eight) TWENTY-THREE days for each month of good behavior; 
7 


1 
3. 
During the following years until the tenth year, inclusive, of his imprisonment, he 
2 
shall be allowed a deduction of [ten] TWENTY-FIVE days for each month of good 
3 
behavior; and 
4 
4. 
During the eleventh and successive years of his imprisonment, he shall be allowed a 
5 
deduction of [fifteen] THIRTY days for each month of good behavior. 
6 
5.) 
AT ANY TIME DURING THE PERIOD OF IMPRISONMENT, HE SHALL BE 
7 
ALLOWED ANOTHER DEDUCTION OF FIFTEEN 
DAYS, 
IN 
ADDITION TO 
8 
NUMBERS ONE TO FOUR HEREOF, FOR EACH MONTH OF STUDY, TEACHING 
9 
OR MENTORING SERVICE TIME RENDERED. 
10 
AN 
APPEAL 
BY THE 
ACCUSED 
SHALL 
NOT 
DEPRIVE 
HIM 
OF 
11 
ENTITLEMENT TO THE ABOVE ALLOWANCES FOR GOOD CONDUCT." 
12 
Sec. 4. Article 98 of the same Act is hereby further amended to read as follows: 
13 
"ART. 98. 
Special time allowance for loyalty. -A deduction of one fifth of the 
14 
period of his sentence shall be granted to any prisoner who, having evaded the service 
15 
of his sentence under the circumstances mentioned in Article 158 of this Code, gives 
16 
himself up to the authorities within 48 hours following the issuance of a proclamation 
17 
announcing the passing away of the calamity or catastrophe referred to in said article. A 
18 
DEDUCTION OF TWO-FIFTHS OF THE PERIOD OF HIS SENTENCE SHALL BE 
19 
GRANTED IN CASE SAID PRISONER CHOSE TO STAY IN THE PLACE OF HIS 
20 
CONFINEMENT NOTWITHSTANDING THE EXISTENCE OF A CALAMITY OR 
21 
CATASTROPHE ENUMERATED IN ARTICLE 158 OF THIS CODE." 
22 
Sec. 5. Article 99 of the same Act is hereby further amended to read as follows:" 
23 
"ART. 99. 
Who grants time allowances. -
Whenever lawfully justified, the 
24 
Director of [Prisons] THE BUREAU OF CORRECTIONS, THE CHIEF OF THE 
25 
BUREAU OF JAIL MANAGEMENT AND PENOLOGY AND/OR THE WARDEN OF A 
26 
PROVINCIAL, DISTRICT, MUNICIPAL, OR CITY JAIL shall grant allowances for good 
27 
conduct. Such allowances once granted shall not be revoked. 
28 
Sec. 6. 
Penal Clause. 
Faithful compliance with the provisions of this Act is 
29 
hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of One 
30 
Hundred Thousand Pesos (Pi 00,000.00) and perpetual disqualification to hold office 
31 
shall be imposed against any public officer or employee who violates the provisions of 
32 
this Act. 


1 
Sec. 7. Implementing Rules and Regulations. The Secretary of the Department 
2 
of Justice (DOJ) and the Secretary of the Department of Interior and Local Government 
3 
(DILG) shall, within sixty (60) days from the approval of this Act, promulgate rules and 
4 
regulations on the classification system for good conduct time allowances as may be 
5 
necessary to implement the provision of this Act. 
6 
Sec. a.Separability Clause. If any part hereof is held invalid or unconstitutional, 
7 
the remainder of the provision not otherwise affected shall remain valid and subsisting. 
8 
Sec. 9.Repealing Clause. Any law, presidential decree or issuance, executive 
9 
order, letter of instruction, administrative order, rule or regulation contrary to or 
10 
inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
11 
accordingly. 
12 
Sec. 10.Effectivity Clause. This Act shall take effect fifteen (15) days from its 
13 
publication in the Official Gazette or at least two (2) newspapers of general circulation. 
Approved, 
A 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SEN ATE 
COMMITTEE REPORT NO. 
83 
,~'f~:-t;!~jtfJ 
U~i!h;f i': t~,r '~:rtit>b:fU 
01
1 
NOV 17 P3 :07 
Subr.nitted by the Committee on Justice and Human Rights on 
NOV 1 7 2011 
Re: 
So No. 2107 
Recommending its approval without amendment, taking into consideration 
S.No.2388 
Sponsor: 
Senator Escudero 
MR. PRESIDENT: 
The Committee on Justice and Human Rights, to which was referred 
S. No. 2107, introduced by Senator Francis G. Escudero entitled: 
"AN ACT 
AMENDING ARTICLE 177 OF ACT NO. 3815, AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED 
PENAL CODE" 
taking into consideration S.No, 2388, 
introduced by Senator Jinggoy 
Ejercito-Estrada, entitled: 
"AN ACT 
AMENDING ARTICLE 177 OF ACT NO. 3815 AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED 
PENAL CODE" 
has considered the same and has the honor to report it back to the Senate 
with the recommendation that S.No. 2107 be approved without amendment, 
taking into consideration S. No. 2388, with Senators Escudero and Estrada 
as authors thereof. 


Respectfully submitted: 
SEN. FRANCIS G. ESCUDERO 
Chairman, 
Committee on Justice and Human Rights 
Chairman, 
ustice and I-Iuman Rights 
MEMBERS: 
t/f4L4~-
SEN. SERGIO R. OSMENA III 
~~--+ --f 
: / \ 
\ 
.~w~~_ 
SEN. ANTONIO F. TRILLANES IV 
SEN. MANNY VIL AR 
RILON 


A, 1 ('V-~-S (wG\l~\~ ~vJ~w\-t) 
SEN. AQUILINO "KOKO" PIMENTEL, III 


Ex-Officio Members: 
HON. JUAN PONCE ENRILE 
Senate President 
Senate Majority 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Firs! Regulllr Sessl011 
) 
) 
) 
SENATE 
S. B. No. _?J 07 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
Article 177 of the Revised Penal Code (Act No. 3815, as amended) may be 
committed in two ways: 
(a) By knowingly and falsely representing oneself to be an officer, 
agent 01' representative of any department or agency of the 
Philippine Government or of any foreign government. 
(b) By performing any act pertaining to any person in authority or 
public officer of the Philippine Government or of foreign 
government or any agency thereof, under pretense of official 
position, and without being lawfully entitled to do so. 
It is common that private individuals pretend to be police officers in perpetrating 
serious crimes like kidnapping or serious illegal detention to avoid resistance from their 
victims. Worse, many also complain of actual officials who are performing acts 
pertaining to another person in authority or officer of the government under pretense of 
official position even if he is not lawfully entitled to do so. 
Such falsities, misrepresentations and/ or usurpation of authority as defined in 
the aforementioned Revised Penal Code prOvision, should be treated more seriously by 
providing a heavier penalty. Presently, the penalty imposed is prision correccional in its 
minimum and medium periods. This is equivalent to imprisonment of six months and 
one day to two years and four 11\0nths up to four years and two months. 
The authors submit that the penalty imposed is not commensurate to the kind of 
offense committed and the damage that may be incurred by the victim, especially if the 
perpetrator is a publiC official. 
This bill seeks to amend Article 177 of the Revised Penal Code, as amended by 
increasing the penally provided therein to prision mayor in its minimum and medium 
periods. Should the offender be a public official, the penalty to be imposed shall be 
pl'ision mayor in its maximum period. In the light of the foregoing considerations, 
passage of this bill is earnestly sought. 
F1~ANcrS G. ESCUDERO 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Reglilar SeSSIOlI 
) 
) 
) 
SENATE 
S.ll. No. _ ~JO'I 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
AMENDING ARTICLE 177 OF ACT NO. 3815, 
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE 
.... 
Be it ellllcted Ill; tlie Senate lind tile House of Representatives of the Philippines in 
COl1gress IIsselllbleJi: 
SECTION 1. Article 177 of Act. No. 3815, as amended, is hereby further 
2 
amended to read as follows: 
3 
" ART. 177 Usurpation of autiIority or official funclions. Any person who shall 
4 
knowingly and falsely represent himself to be an officer, agent or representative 
5 
of any department or agency of the Philippine Government or of any foreign 
6 
government, or who, under pretense of official position, shall perform any act 
7 
pertaining to any person in authority or public officer of the Philippine 
8 
Government or of any foreign government, or any agency thereof, without being 
9 
lawfully entitled to do so, shall suffer the penalty of [prision correctional] 
10 
PRISION MAYOR in its minimum and medium periods: PROVIDED, THAT IF 
11 
TI I1' OFFENDUR IS A PUBLIC OFFICIAL, THE PENALTY TO BE IMPOSED 
, 
12 
SllALL BE IN ITS MAXIMUM PERIOD." 
13 
SEC 2. Repealing Clause. All laws, decrees, ordinances, rules and regulations, 
14 
executive or administrative orders, and other presidential issuance inconsistent with 
15 
this Act, are hereby repealed, amended or modified accordingly. 
16 
SEC 3. Effectivity. This Act shall take effect fifteen (15) days following its 
17 
publication in alleast (2) newspapers of general circulation. 
18 
Approved, 


FIFTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 2388 
, 
, 
Ii, ' 
I ',]!,UGI / 
i ,: :,"1 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
This bill seeks to amend Article 177 of the Revised Penal Code, as 
amended by increasing the penalty for falsities, misrepresentations and/or 
usurpation of authority to prision mayor in its minimum and medium periods, If 
the offender is a public official, the penalty to be imposed shall be prision mayor 
in its maximum period, 
At present, the penalty is prision correccional in its 
maximum and medium periods which is equivalent to imprisonment of six months 
and one day to two years and four months up to four years and two months. 
Article 177 may be violated thru (a) by knowingly and falsely representing 
oneself to be an officer, agent or representative of any department or agency of 
the Philippine Government or of any foreign government; (b) by performing any 
act pertaining to any person in authority or public officer of the Philippine 
Government or of foreign government or any agency thereof, under pretense of 
official position and without being lawfully entitled to do so, 
This measure is a consolidated/substituted bill drafted by the Committee 
on Justice and Human Rights during the 14th Congress. 
In view of the foregoing, approval of this bill is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 2 3 8 8 
" 
\' '" 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING ARTICLE 177 OF ACT NO. 3815 
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Article 177 of Act No. 3815, as amended, is hereby further 
amended to read as follows: 
"ART. 177. Usurpation of authority of official functions, 
Any persons who shall knowingly and falsely represent himself to 
be an officer, agent or representative of any department or agency 
of the Philippine Government or of any foreign government, or who 
under pretence of official position, shall perform any act pertaining 
to any person in authority or public officer of the Philippine 
Government or of any foreign government, or any agency thereof, 
without being lawful entitled to do so, shall suffer the penalty of 
[prision correctional] PRISION MAYOR in its minimum and medium 
periods: 
PROVIDED, THAT IF THE OFFENDER IS A PUBLIC 
OFFICIAL, THE PENALTY TO BE IMPOSED SHALL BE IN ITS 
MAXIMUM PERIOD." 
SEC. 2. Repealing Clause. - All laws, decrees, ordinances, rules and 
regulations, executive or administrative orders, and other presidential issuances 
inconsistent with this Act, are hereby repealed, amended or modified accordingly. 
SEC. 3. Effectivity. - This Act shall take effect fifteen (15) days following 
its pUblication in at least two (2) newspapers of general circulation, 
Approved,