THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILzPPiNES 
1 
'04 
JUL 14 P3 11 5 
First Regular Session 
) 
G- 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 5 provides: 
The maintenance of peace and order, the protection of life, liberty and 
property and the promotion of the general welfare are essential for the enjoyment 
by all people of the blessings of democracy 
... 
Reform is needed to ensure that criminals are held accountable for their actions, that they 
receive swift and certain punishment commensurate with their crimes, and that the protection of 
innocent citizens takes priority over other objectives 
Criminals should face a high probability of apprehension and prosecution, and those 
found guilty should face absolutely certain measured response penalties, which at the same time 
are aimed to rehabilitate the criminals 
This is necessary in order to remove violent criminals from the streets and meet the 
extraordinary threat that posed to the public by the use and trafficking of illegal drugs. 
Hence, this bill seeks to provide swift and certain punishment for criminals in order to 
deter violent crime 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILPPNES 
) 
’04 JUL 14 P 3 3 5  
6 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING SWIFT AND CERTADI PUNISHMENT FOR CFUMINALS IN 
ORDER TO DETER VIOLENT CRIME 
Be it enacted by the Senate and House of Representatives of the Philppines in Congress 
assem bled: 
SECTION 1. Shovf Title. - This Act shall be known as the “National Drug and Crime 
Emergency Act.” 
SECTION 2 Definitions - For the purposes of this Act - 
(1) the term “crime of violence” means an offense that is a felony and - 
(A)@ has an element the use, attempted use, or threatened use of physical force against 
the person or property of another; or 
(ii) by its nature, involves a substantial risk that physical force against the person or 
property of another may be used in the course of committing the offense; and 
(B) includes murder, kidnapping, aggravated assault, extortionate extension of credit, 
forcible sex offenses, arson, robbery, and burglary of a dwelling; and 
(2) the term ‘drug trafficking crime’ means any felony punishable under the law, which 
involves the manufacture sale, distribution, dispensing, importation, or exportation of, or 
possession with intent to manufacture sell, distribute, or dispense, import, or export, a controlled 
substance. 
SECTION 3. Increased niandatory minimum sentences without release for criminals 
usingjrearms and other violent cviniinals- 
(a) USE OF FLREXXMS- 


(1 j Whoever, during and in relation to any crime of violence or drug trafficlting crime 
(including a crime of violence or drug trafficking crime which provides for an enhanced 
punished if committed by the use of a deadly or dangerous weapon or device) for which the 
person may be prosecuted - 
(A) possesses a firearm, shall, in addition to the punishment provided for such crime of 
violence or drug trafficking crime, be sentenced to imprisonment for not less than 5 years 
without release; 
(B) discharges a firearm with intent to injure another person, shall, in addition to the 
punishment provided for such crime of violence or drug trafficking crime, be sentenced to 
iinprisonment for not less than 7 years without release; or 
(Cj possess a firearm that is machinegun, or is equipped with a firearm silencer or 
firearm muffler shall, in addition to the punishment provided for such crime of violence or drug 
trafficking crime, be sentenced to imprisonment for 9 years without release. 
In case if a second conviction under this subsection, a person shall be sentenced to 
imprisonment €or not less than 12 years without release for possession or not less than 15 years 
without release for discharge of a firearm, and of the firearm is a machinegun, or i s  equipped 
with a forearm silencer or firearm muffler, to 20 years without release. In the case of third or 
subsequent conviction under this subsection, a person shall be sentenced to life imprisonment 
without release. If'the death of a person results from the discharge of a firearm, with intent to 
Itill another person, by a person during the commission of a crime, the person who discharged the 
firearm shall be sentenced to life imprisonment without release. Notwithstanding my other law, 
a court shall not place on probation or suspend the sentence of any person convicted of a 
violation of this section, nor shall the term of imprisonment imposed under this subsection run 
concurrently with any other term of imprisonment including that imposed for the crime of 
violence or drug trafficking crime in which the firearm was used. No person sentenced under 
this subsection shall be eligible for parole, nor shall suck person be released for any reason 
whatsoever, during a term of imprisonment imposed under this paragraph. 


SECTION 4. Lqe imprisonment without release for criminals convicted a third time ~ If 
any person commits a drug offense after two or more prior convictions for a felony drug offense 
have become final, such person shall be sentenced to a mandatory term of life imprisonment 
without release, unless the penalty provided for in the offense committed is higher than what is 
provided for in this section. 
SECTION 5. Longer prison sentences for those who sell illegal drugs to minors or for 
use of niinors in drug trafficking activities - Whoever sell illegal drugs to minors or for use of 
minors in drug trafficking shall, in addition to the punishment provided for such drug trafficking 
crime, he sentenced to imprisonment for not less than 10 years without release 
SECTION 6. Mandutovy woik requirement for ullprisoners- 
(a) IN GENERAL- (1) It shall be the policy gf the State that convicted prisoners 
confined in prisons, jails, and other detention facilities shall work. The type of work in which 
they will be involved shall be dictated by appropriate security considerations and by the health of 
prison involved. Such labor may include, but not limited to- 
(A) local public works projects and infrastructure repair; 
(B) construction of new prisons and other detention facilities; 
(C) prison industries; and 
(D) other appropriate labor. 
(b) 
PRISONERS SHALL WORK- Medical certification of 100 percent disability, 
security considerations, or disciplinary action shall be the only excuse to remove a prisoner from 
labor participation. 
(c) USE OF FUNDS- (1) Subject to paragraph (2), any funds generated by labor 
conducted pursuant to this section shall be deposited in a separate fund in the National Treasury 
for use in the payment of prison construction and operating expenses or for payment of 
compensation judgments. Notwithstanding any other hw, such funds shall he available without 
appropriation. 


(d) Prisoners shall be paid a share of funds generated by their labor conducted pursuant 
to this section. 
The Bureau of Jail Management and Penology shall, as soon as practicable after the 
effective date of this section, establish by regulation a program of drug testing of targeted classes 
of arrestees, individuals in jails, prisons, and other correctional facilities, and persons on 
conditional or supervised release before or after conviction, including probationers, parolees, and 
persons released on bail. The necessary regulations shall be issued within 90 days from the 
effectivity of this Act and may include guidelines or specifications concerning-- 
(A) the classes of persons to be targeted for testing; 
(B) the drugs to be tested for; 
(C) the frequency and duration of testing; and 
(D) the effect of test results in decisions concerning the sentence, the conditions to be 
imposed on release before or after conviction, and the granting, continuation, or termination of 
such release. 
SECTION 7. - Sepambi& Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 8. Repealing Clause. - Any law, presidential decree, or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 9. Effectivitiy Clause. - This Act shall take effect fiReen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved 
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