. 
SENATE 
;*a 
~~ 
Introduced by Sen. Jinggoy Ejercito Estrada 
EXPLANATORY NOTE 
One of the fundamental rights guaranteed by the Constitution is the right to 
speedy disposition of cases. Section 16 of Article Ill, Bill of Rights provide: 
“All persons shall have the right to speedy disposition of their cases 
before all judicial, quasi-judicial, or administrative cases.” 
But it is a saddening truth that most of our citizens cannot invoke such right due 
to the unnecessary delays in the disposition of criminal cases. Manifest among the 
cause of such delay is the volume of cases brought to court for settlement, adjudication 
and review, surpassing the capabilities of the police and the courts to address speedily 
and competently. 
A greater number of the cases that monopolize the attention and energies of our 
police force, prosecutors, judges and prison authorities involve minor offenses, 
transgressions that are oftentimes due to psychological disorders rather that dolo or 
culpa on the part of the offender, or acts or omissions that cause little or no damage to 
life, liberty, property or community. 
Thus, there is a need to decriminalize certain acts and omissions defined and 
penalized under the Revised Penal Code to make it responsive to the right to speedy 
disposition of cases as mandated by the Constitution. 
This bill seeks to decriminalize the following felonies as found in the Revised 
Penal Code: simple disobedience to an agent of a person in authority (Art. 151 ), refusal 
of assistance (Art. 233), refusal to discharge elective office (Art. 234), abandonment of 
minor by persons entrusted with his custody and care and indifference of parents (Art. 
277) and premature marriages (Art. 351). 
This bill also seeks to modify the penal sanctions on the crimes of usurpation of 
duties of a public office (Art. 236) and reckless imprudence and negligence resulting to 
damage to property (Art. 365) from deprivation of liberty to the imposition of fines, 
indemnification, restitution, compensation and community service on the offender. 


, 
Ultimately, this proposed legislation aims to decongest the dockets of the police, 
prosecution, courts and correctional agencies, thereby affecting efficiency and 
competency in the administration of justice in the country. 
In view of the aforementioned, approval of this bill is fervently requested. 
EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS 
1 
REPUBLIC OF THE PHILIP 
1 
First Regular Session 
1 
JUN 3 
SENATE 
. I  
. NO. 10 
. I: 
Introduced by Sen. Jinggoy Ejercito'Estrada 
~~ 
~ 
AN ACT 
TO IMPROWE THE ADMINISTRATION OF JUSTICE BY DECRlMlNALlZlNG 
CERTAINFELONIES UNDER THE REVISED PENAL CODE AND PROVIDING FOR 
THE IMPOSITION OF ALTERNATIVE PENALITIES SHORT OF DEPRIVATION OF 
LIBERTY AND FOR CERTAIN OFFENSES. 
Be it enacted by the Senate and the House of Representafives of the Philippines 
in Congress assembled: 
SECTION 1. Declaration of P~licy. - It is hereby declared that the policy of the 
State to provide for a more humane, realistic and responsive mode of dealing with 
criminal offenders. This objective shall be attained, among others, by decriminalizing or 
declaring as lawful certain offenses that inflict no harm or only minimal damage to 
society and by the imposition of alternative penalties short of deprivation of liberty as 
regards to certain offenses. 
SECTION 2. Offenses Decriminalized. - The following offenses are hereby 
decriminalized: 
a. 
b. 
C. 
d. 
Simple disobedience to an agent of a person in authority as defined in 
Article 151 of the Revised Penal Code; 
Alarms and scandals as defined in Article 155 of the Revised Penal Code 
except those committed inside public buildings, churches and schools on 
occasions when there are assemblies of official functions taking place. 
Vagrancy as defined in Article 202 of the Revised Penal Code: Provided, 
that prostitution as defined by the same Article shall continue to be 
punishable. 
Refusal of assistance as defined in Article 233 of the Revised Penal Code 


e. 
Refusal to discharge elective office as defined in Article 234 of the 
Revised Penal Code 
f. 
Premature marriages as defined in Article 351 of the Revised Penal Code 
g. 
All offenses similar to the foregoing which are penalized by special laws or 
ordinances. 
SECTION 3. Offenses Wifh Subsfifufed Penalties. - In lieu of the existing 
penalties involving deprivation of liberty for anticipation of duties of a public office as 
defined in Article 236 and reckless imprudence and negligence as defined in Article 365 
resulting only in damage to property, respectively, of the Revised Penal Code, the 
following sanctions shall be imposed either alternatively or cumulatively in the discretion 
of the Court: 
(a) 
fine 
(b) 
Indemnification 
(c) 
Restitution 
(d) 
Compensation 
(e) 
Community service for not more than thirty (30) days. 
SECTION 4. Transitory Provisions. - All cases pending before the courts and 
the prosecutors’ offices involving offenses decriminalized herein shall be ipso facto 
dismissed andlor terminated. All convicts serving sentence herein decriminalized shall 
be released immediately. 
SECTION 5. Repealing C/ause. - All laws, decrees or executive orders, rules 
and regulations, ordinances, or parts thereof, contrary to or inconsistent with the 
provisions of this Act are hereby repealed. 
SECTION 6. Separability C/aus . - If any provision of this Act is held invalid or 
unconstitutional, the other provisions hereof shall not be affected thereby. 
SECTION 7. Effecfivify, - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved ,