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Republic of the Philippines
House of Representatives
Queson City, Meteo Manila
Seventeenth Congress

First Regular Session

House Bilt No, 1344

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

The many incidences of prisoners and detainees escaping from the
custody of their prison guards and law enforcement officers are a glaring
example of how ineptitude and the enticement of bribe money can combine
into an effective means for these jailbirds to break loose from the clutches of
the law. As a deterrent therefore, higher penalties must be imposed on
those public officers entrusted with the custody of convicts and detention
prisoners, as well as private persons, who conspire or facilitate their escape.
This will hopefully discourage such public officers from betraying the trust
bestowed upon them by the public in the faithful discharge of their sworn
duties.

Specifically, the bill proposes to increase the penalties for the following
crimes proscribed in the Revised Penal Code, as amended :

1) Delivering prisoners from jail (Article 156);
2) Infidelity in the custody of prisoners (Article 223); and,
3) Evasion through negligence (Article 224 ).

TATIVES



This bill was filed by this representation during the 15" Congress and
was passed by the House of Representatives on Third Reading. It was
transmitted to the Senate for its concurrence. However, it was never
enacted into law due to lack of material time. In the 16" Congress, the
proposed measure was refiled and similarly was approved by the House of
Representatives on Third Reading. Unfortunately, upon transmission to the
Senate, the Upper Chamber again failed to pass the said measure. It is this
representation’s hope that the bill will be finally enacted into a law in the
current Congress as it is relevant to the government’s campaign to contain
criminality in the country.

For the foregoing reasons, it is therefore earnestly requested that the
proposed measure be immediately approved.

. ACOP MNSA
Replesentative
2" thistrict, Antipolo City


Republic of the Philippines
Bouse of Representatives
Queson City, Metro Manila

Seventeenth Congress
First Regular Session

1344

House Bill No.

Introduced by HON. ROMEO M. ACOP

AN ACT
ACT PRESCRIBING STRICTER PENALTIES ON THE CRIME OF
DELIVERING PRISONERS FROM JAIL AND INFIDELITY IN THE
CUSTODY OF PRISONERS, AMENDING FOR THE PURPOSE ARTICLES
156, 223 AND 224 OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE “REVISED PENAL CODE OF THE PHILIPPINES”

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

SECTION 1 . Article 156, Chapter 5, Title Three, Book Two of Act No. 3815,
as amended, otherwise known as the “Revised Penal Code of the
Philippines”, is hereby amended to read as follows:

ARTICLE 156. Delivering prisoners from jail. — The penalty of farreste
mayor] PRISION MAYOR in its MEDIUM AND maximum periodS [to

! -peried ] OR THE PENALTY NEXT
LOWER IN DEGREE THAN THAT IMPOSED ON THE PRISONER IN ITS
MEDIUM AND MAXIMUM PERIODS shall be imposed upon any person who
shall remove from any jail or penal establishment any person confined
therein or shall help the escape of such person, by means of violence,



intimidation or bribery £, WHICHEVER IS HIGHER. If other means are
used, the penalty of farreste} PRISION mayor IN ITS MINIMUM AND
MEDIUM PERIODS OR TWO DEGREES LOWER THAN THAT IMPOSED
TO THE PRISONER IN ITS MEDIUM PERIOD shall be imposed £4,
WHICHEVER IS HIGHER.

If the escape of the prisoner shall take place outside of said
establishments by taking the guards by surprise, the same penalties
PRESCRIBED IN THE IMMEDIATELY PRECEDING PARAGRAPH
shall be imposed in their minimum periods.

SECTION 2. Article 223, Section One, Chapter Five, Title Seven, Book Two
of Act No. 3815, as amended, otherwise known as the “Revised Penal
Code of the Philippines”, is hereby amended to read as follows:

ARTICLE 223. Conniving with or consenting to evasion - Any public
officer who shall consent to the escape of a CONVICT OR
DETENTION prisoner in his custody or charge, OR WHO SHALL
RELEASE SUCH CONVICT OR DETENTION PRISONER AND
ALLOW HIM TO RETURN TO PRISON OR DETENTION WITHOUT
ANY PROPER COURT OR AUTHORIZATION shall be punished:

1. By prision feorreccionat] MAYOR in its medium and maximum periods
OR THE PENALTY NEXT LOWER IN DEGREE THAN THAT IMPOSED
ON THE PRISONER, IN ITS MEDIUM AND MAXIMUM PERIODS ,
WHICHEVER IS HIGHER and ftemporary-special disqualifieath

é—to perpetual special] PERPETUAL ABSOLUTE
disqualification, if the fugitive shall have been sentenced by final
judgment to any penalty.

2. By prision feerreecional] MAYOR in its minimum period OR THE
PENALTY QUIVALENT TO THAT PRESCRIBED TO AN ACCESSORY
BASED ON THE CRIME IMPUTED UPON THE PRISONER, IN ITS
MAXIMUM PERIOD, WHICHEVER IS HIGHER and [temporary-special]
PERPETUAL ABSOLUTE disqualification, in case the fugitive shall not
have been finally convicted but only held as a detention prisoner for any
crime or violation of law or municipal ordinance.

3. BY RECLUSION PERPETUA AND PERMANENT ABSOLUTE
DISQUALIFICATION ,IF THE FUGITIVE WHO IS HELD AS A
DETENTION PRISONER OR CONVICT HAS BEEN CHARGED FOR OR
CONVICTED OF ANY CRIME PENALIZED BY RECLUSION PERPETUA
TO DEATH.


SECTION 3. Article 224, Section One, Chapter Five, Title Seven, Book Two
of Act No. 3815, as amended, otherwise known as the “Revised Penal Code
of the Philippines”, is hereby amended to read as follows:

ARTICLE 224. Evasion through negligence - If the evasion of the CONVICT
OR DETENTION prisoner shall have taken place through the negligence of
the officer charged with the conveyance or custody of the escaping prisoner,
said officer shall suffer the penalties of farreste-mayor in- its maximum-period
to-prision-correccional_in-its-minimum period] PRISION CORRECCIONAL
IN ITS MEDIUM AND MAXIMUM PERIODS OR THE PENALTY
EQUIVALENT TO THAT PRESCRIBED TO AN ACCESSORY BASED ON
THE CRIME IMPUTED UPON THE CONVICT OR DETENTION PRISONER
IN ITS MAXIMUM PERIOD, WHICHEVER IS HIGHER and [temporary
special] ABSOLUTE disqualification”

SECTION 4. Repealing Clause - All laws, executive orders, administrative
orders, rules and regulations or parts thereof which are inconsistent with this
Act are hereby amended, repealed or modified accordingly.

SECTION 5. Fffectivity - This Act shall take effect fifteen (15) days

following the completion of its publication in the Official Gazette or in at least
two (2) newspapers of general circulation.

Approved.