Repubiic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Third Regular Session

COMMITTEE REPORT NO. 2359
16 AUG 2012

‘Submitted by the Committee on Revision of Laws on,
Re: House Bill No! 2

Recommending its approval in substitution to House Bill Nos. 251 and 2399

Sponsors: Representatives Marlyn L. Primicias-Agabas, Juan Edgardo M.
Angara, Ma. Amelita A. Calimbas-Villarosa and Romeo M. Acop

Mr. Speaker:

The Committee on Revision of Laws to which were referred House Bill No.
251. irtroduced by Rep. Juan Edgardo M. Angara and Ma Amelita A. Calimbas-

Villarosa. entitled:

“AN ACT PRESCRIBING STRICTER PENALTY 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 REPUBLIC ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE.
AND FOR OTHER PURPOSES ”

and House Bill No. 2399, introducea by Rep. Romec M. Acop. entitled:

“AN ACT AMENDING SECTION 223 OF ACT NO. 3815, OTHERWISE
KNOWN AS THE REVISED PENAL CODE"

nas considered the same and recommends that the attached House Bill No.

648 Rnttled

“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 ACY NO. 3815, AS AMENDED,


OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR
OTHER PURPOSES”

be aporoved in substitution of House Bill Nos, 251 and 2399 with Reps. Juan
Eaga-do M. Angara, Ma. Amelita A. Calimbas-Vilarosa. Romeo M. Acop and

Martyr L. Primicias-Agabas as authors thereof.

Respectfully submitted

MARL . PRIMICI }AGABAS

Chai
Committee on Revision of Laws

THE HONORABLE SPEAKER:
HOUSE OF REPRESENTATIVES
QUEZON CITY


Republic of the Pii.ppines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Third Reguiar Session

HOUSE BILLNO. 6482

in substitution of House Bilt Nos, 251 and 2399

Inrcauced by Representatives Juan Edgardo Angara Ma. Avnelita A. Calimbas-Villarosa
Romeo M. Acop and Martyn L. Primicias-Agabas

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 REPUBLIC ACT NO. 3815 AS
AMENDED OTHERWISE KNOWN AS THE REVISED PENAL CODE OF THE

PHILIPPINES,

Se it enacted by the Senate and House of Representatives of the Philippines =
Congress Assempled:

SECTION 1. Article 156, Chapter 5. Title 3. Bock Two of Republic Act 3815. as
amendes. otherwise knawn as the Revised Penal Code, is vereby amenced to read 2s

foliows

"ART. 155. Delivering Prisoners from Jail - The penalty of {arresto mayor]
SRISION MAYOR in its MEDIUM AND maximum per ods {to prision correctional
its mnimam period] OR THE PENALTY NEXT LOWER IN DEGREE THAN
THAT IMPOSED GN THE PRISONER IN ITS MEDIUM AND MAXIMUM
PERIODS snail be imposed upon any person who shall remove ‘rom ary jail or

penal estabisnment any person confined therein or shall help the escape of
such person, by “neans of viotence. intimidation or bribery}, WHICHEVER |S
HIGHER. If other means are used the penaity of farresto) PRISION mayor IN
'S MINIMUM AND MEDIUM PERIODS OR TWO DEGREES JOWER THAN
THAT IMPOSED TO THE PRISONER iN {TS MEDIUM PERIOD shall te
imposed { JWHICHEVER IS HIGHER.

if the escape of the prisoner shall take place outsice of said
e penalties

estabsshments by taking the guards by surprise, the


PRESCRIBED IN THE IMMEDIATELY PRECEDING PARAGRAPH shall be

sec mm their minimum periods."

SEC. 2. Article 223, Section One, Chapter Five, Title Seven, Book Twe of Repub: c
5 Act No 3845 as amended, otherwise known as ‘ne Revised Panai Code 's herecy

6 amended to read as follows

8 ART 223 Conniving with or consenting fo evasion. - Any public offcer
9 who shall consent to the escape of a CONVICT OR DETENTION prisoner in his
custody or charge, OR WHO SHALL RELEASE SUCH CONVICT OR
u DETENTION PRISONER AND ALLOW HIM TO RETURN TO PRISON OR
2 DETENTION WITHOUT ANY PROPER COURT ORDER OR AUTHORIZATION

shall be punished

1 (1.) By prision {correcciona} MAYOR in its medium and maximum
6 petiods OR THE PENALTY NEXT LOWER iN DEGREE THAN THAT
r IMPOSED ON THE PRISONER. IN ITS MEDIUM AND MAXIMJM
18 PERIODS. WHICHEVER IS HIGHER and flemporary special
iD disqualification in its maximums penod to perpetual special] PERPETUAL

ABSOLUTE disqualification. if the fugitive shall have been sentenced by
final judgment to any penatty.

{2.) By prision [oorrectional) 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 ftemporary special’
PERPETUAL ABSOLUTE cisqualification. ir case the fugitive shail not
28 have been finally convicteo but only heid as @ detention prsone: for any

crime or violation of taw or mun:cipa! ordinance.

3 (3) BY RECLUSION PERPETUA AND 2ERMANENT ABSOLUTE
DISQUALIFICATION. IF THE FUGITIVE WHO IS HELD AS A
DETENTION PRISONER HAS BEEN CHARGED FOR ANY CRIME
PENALIZEO BY RECLUSION PERPETUA TO DEATH



SEC. 3. Article 224 Section One, Chapter Five, ‘Title Seven. Bcok Two of Repubiic

2 Ae No 3815 as amended. otherwise known as the Revised Pena! Coce. is nereoy

4 amenged to read as follows:

6 “ART. 224, Evasion through negligence. - ff the evasion of the CONVICT
7 OR DETENTION prisoner shall have taker place through the negligence 0
officer charged with the conveyance or custody of the escaping prisoner saia

9 officer shal! suffer the penalties of farresto mayor It its maximum penod te
0 prision correctional in tts minimum period] PRISION CORRECCIONAL IN ITS
ih MEDIUM AND MAXIMUM PERIODS OR THE PENALTY EQUIVALENT TO
th THAT PRESCRIBED TO AN ACCESSORY BASED ON THE CRIME
1s IMPUTED UPON THE CONVICT OR DETENTION PRISONER IN ITS
id MAXIMUM PERIOD, WHICHEVER IS HIGHER and [ temporary special!
By PERPETUAL ABSOLUTE disqualification.”

16

ied SEC. 4. Repealing Clause. - Ali laws, executive order or administrative orders. ruias
guiations or parts thereof, which are incensistent with this Act, are hereby amend2d.

ang

19 “epealed or modified accordingly.

2 SEC. 5. Effectivity Clause. - This Act shall take effect afer fifteen (15) days follovang
22 ts publication in the Official Gazette or in any newspaper of general circulation

au Approved,



FACT SHEET

on House Bill No, _ 6482
(In sudstiution of HB Nes, 251 and 2399 }

PRESCRIBING STRICTER PENALTIES ON THE CRIME OF
DELIVERING PRISONERS FROM JAIL AND INFIDELITY IN THE
CUSTODY OF PRISONERS

Introduced by: Reps. Juan Edgardo Angara, Ma. Amelita M.
Calimbas-Villarosa_ and Romeo M. Acop

Committee Referia! : Committee on Revision of Laws
Committee Chairperson: Hon. Marlyn L. Primicias-Agabas

OBJECTIVE:

© To increase the penalty on persons in charge of custody of
prisoners for their negligence. connivance with or consent to ja‘!
escape

KEY PROVISIONS

prisoners from
jail (Art. jnerease from the penalty of arresto mayor
lone (1! day to thirty (30) days) to prision mayor (six (6) years and
one (1) day to twelve {52} years}

© Provides a stricter penalty on the crime of infidelity in the custedy
of prisoners jArt 223 RPC} ~ increase from the penalty of prision
correccional (six (5) monchs anc one (1) day to six (6) years) to
prision mayor (six (6) vents and one (1) day to twelve (12) years)
to reclusion temporal (twelve (12) vears and one (1) day to twen’
(20) vears }

* Provides a higher penalty on the crime of evasion through
negligence (Art. 224 RPC) ~ increase ‘rom arresto mayor ( six {01
years and one {}] day to :we! yearsi to prision correccional
(six (6) monihs and one il) day te six (6) years)

«Covers in the crime on infidelity in the custody of prisoners -he
escape from jai! of both convict and detention prisoners



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

SL Q5L
H. B. No.

Introduced by HONORASLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

It is the policy of the State in the line with the principle that a public office is a public
trust, that the Public Officials and employees shall at all times be accountable to the people and
shall discharge their duties with utmost responsibility, integrity, competence and loyalty, act with
patriotism and justice, ead modest lives, and uphold public interest over personal interest.

As reported, about 148 murderers and robbers remain at large after escaping from jail.
The failure to recapture these escaped prisoners poses serious threats to the public and
bolsters demands for the improvement of the country's penology system. Certainly, our Public
Officials and empioyees fail to exercise utmost devotion and dedication to their duties, and
worst, for personal interest or for consideration, thus, giving a general perception that they are
fountain and source of undue patronage.

This bill, therefore, seeks to increase the penatties on our Public Officials and employees
in charge of custody of prisoners for their negligence, connivance with or consent to jail escape.

Approval of this bill is strongly urged.

bo
JUAN EDGARDO “SONNY” M, ANGARA
Represe
Lone District, Province of Aurora



FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES. )
First Regular Session d

-HIBLNe,_254

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

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 REPUBLIC ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOS!

8e it enacted by the Senate and House of Reprasentatives of the Philippines in
Congress assembled:

SECTION 1. Article 156, Chapter 5, Title 3, Book Two of Republic Act 3815, as
amended, otherwise known as the Revised Penal Code, is hereby amended to read as follows:
“ART. 156. Deiivering prisoners from jail. - The penalty of [aresto mayor]
PRISION MAYOR in its MEDIUM AND maximum periods [fo prision correctional
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 [aresto] 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
LIWHICHEVER IS HIGHER.
tf 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.”

SEC. 2. Article 223, Section One, Chapter Five, Title Seven, Book Two of Republic Act
No. 3815, as amended, otherwise known as the Revise Penal Code, is hereby amended to read
as follows:
“ART. 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 AUTFIORIZATION
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 [emporary special disqualification in its
maximum period to perpetual special] PERPETUAL
ABSOLUTE disqualification, if the fugitive shall have been
sentenced by final judgment to any penalty.
(2) By prision [correctional] 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 onty held as a detention
prisoner for any crime or violation of law or municipal
ordinance."

SEC. 3, Article 224, Section One, Chapter Five, Title Seven, Book Two of Republic Act
No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby amended to
read as follows:
“ART. 224. Evasion through negligence. - Hf 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 [arresto mayor it its maximum period to prision
correctional 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.
FOR PURPOSES OF THIS ARTICLE, THE PUBLIC OFFICER
CHARGED WITH THE CUSTODY OR CONVEYANCE OF THE CONVICT OR
DETENTION PRISONER IS PRIMA FACIE PRESUMED TO HAVE
CONSENTED OR CONNIVED TO THE EVASION”

SEC. 4. All laws, presidential decrees, executive orders, issuances, and rules and

regulations, and part thereof, which are inconsistent with the Provisions of this Act, are hereby
repealed or modified accordingly.


SEC. 5. This Act shail take effect fifleen (15) days after its publication in the Official
Gazette or in at least two (2) national newspapers of general circulation.

Approved,


Republic of the Philippines
Pouse of Representatives
ueson City
Fifteenth Congress

First Regular Session

2399

House Bill No.

Introduced by the Honorable ROMEO M. ACOP

EXPLANATORY NOTE

The many incidences of prisoners escaping the supposed custody of law
enforcement officials is a glaring example of how ineptitude and alleged monetary
incentives can combine into a potent force which will result into freedom for
detained prisoners facing justice,

‘As a disincentive therefore, a high penalty must be imposed on those jait
guards and other persons who permit a detained prisoner to escape the clutches of
the law. This will hopefully deter those who are charged with the custody of
detained prisoners, specially the high profile ones, from allowing their charges to
escape.

It is therefore earnestly requested that this measure be approved.

paiva


Republic of the Philippines:
Rouse of Representatives
uurzon City

Fifteenth Congress

First Regular Session

2399

House Bill No.

Introduced by the Honorable ROMEO M. ACOP

AN ACT
AMENDING SECTION 223 OF ACT NO. 3815, OTHERWISE
KNOWN AS THE REVISED PENAL CODE

of Re

SECTION 1. Article 223 of Act No. 3815, otherwise known as the Revised Penal
Code is further amended to read as follows:

“art. 223. Conniving with or consenting fo evasion. - Any public
officer who shall, BY CONSENT, CONNIVANCE OR BY NEGLIGENCE,
ALLOW the escape of a prisoner in his custody or charge, shall be
punished:

4. By prision correccional in its medium and maximum periods and
temporary special disqualification in its maximum period to perpetual
special disqualification, if the fugitive shall have been sentenced by
final judgment to any penalty.

2. By prision correccional in its minimum period and temporary
special disqualification, in case the fugitive shall not have been finalty
convicted but only held as a detention prisoner for any crime or
violation of taw or municipal ordinance.

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


4, IN ALL CASES, PUBLIC OFFICER OR OFFICERS INVOLVED
SHALL LOSE ALL BENEFITS DUE OR GRANTED BY THE GOVERNMENT.

‘SECTION. 2. ‘This Act shail take effect fifteen [15] days after its complete
publication in the OFFICIAL GAZETTE.

Approved,