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3.0 JUL 2013
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Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Sixteenth Congress

First Regular Session

2027

House Bill No.

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 ).

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.



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

ROMEO M. ACOP MNSA
presentative

24 District, Antipolo City


Ng
"an ipo

Republic of the Philippines
House of Representatives
Queso City, Metco Manila
Sixteenth Congress
First Regular Session

House Bill No. 2027

Introduced by HON, ROMEO M, ACOP

AN 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 3, 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 158. Delivering prisoners from jails - The penalty of [ arresto mayor ]
PRISION MAYOR in its MEDIUM AND maximum periods [ to prision correccional in its
minimum period ] 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 [ arresto ] PRISION mayor IN ITS MINIMUM AND MEDIUM PERIODS OR
TWO DEGREES LOWER THAN THAT IMPOSED TO THE PRISONER IN ITS
MEDIUM PERIOD shail be imposed [,], 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 5, Title 7, 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 ORDER OR AUTHORIZATION shall be punished :

1) By prision [ correccional ] 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 [ temporary special disqualification in its maximum period to perpetual special ]
PERPETUAL ABSOLUTE disqualification, if the fugitive shall have been sentenced
by final judgement to any penalty.

2

By prision [ correccional ] MAYOR in its minimum period OR THE PENALTY
EQUIVALENT 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 5, Title 7, 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


SECTION 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 conveyance or custody of the escaping prisoner, said officer shall suffer
the penalties of [ arresto 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 ANY
ACCESSORY BASED ON THE CRIME IMPUTED UPON THE CONVICT OR
DETENTION PRISONER, WHICHEVER IS HIGHER and [ temporary special ]
PERPETUAL 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. Effectivity Clause - This Act shall take effect fifteen (15) days following
its complete publication in at least two (2) newspapers of general circulation.

Approved.