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initiate the prosecution of the offenses of seduction,





parents, grandparents, or guardian, unless she is

incompetent or incapable of doing so. Where the offended

 


 right to file the action granted to parents, grandparents, or
SECTION 1. Institution of criminal actions.ͶCriminal
actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is
required pursuant to section 1 of Rule 112, by filing the
complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts and
Municipal Circuit Trial Courts, or the complaint with the
office of the prosecutor. In Manila and other chartered
cities, the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their charters.
The institution of the criminal action shall interrupt the
running of the period of prescription of the offense
charged unless otherwise provided in special laws, (1a)
SEC. 2. The complaint or information.ͶThe complaint or
information shall be in writing, in the name of the People
of the Philippines and against all persons who appear to be
responsible for the offense involved. (2a)
SEC. 3. Complaint defined.ͶA complaint is a sworn written
statement charging a person with an offense, subscribed
by the offended party, any peace officer, or other public
officer charged with the enforcement of the law violated.
(3)
SEC. 4. Information defined.ͶAn information is an accusa-
tion in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court. (4a)
SEC. 5. Who must prosecute criminal actions.ͶAll criminal
actions commenced by a complaint or information shall be
prosecuted under the direction and control of the
prosecutor. However, in Municipal Trial Courts or
Municipal Circuit Trial Courts when the prosecutor
assigned thereto or to the case is not available, the
offended party, any peace officer, or public officer charged
with the enforcement of the law violated may prosecute
the case. This authority shall cease upon actual
intervention of the prosecutor or upon elevation of the
case to the Regional Trial Court.
The crimes of adultery and concubinage shall not be
prosecuted except upon a complaint filed by the offended
spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both are
alive, nor, in any case, if the offended party has consented
to the offense or pardoned the offenders.
The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the offender
has been expressly pardoned by any of them. If the
offended party dies or becomes incapacitated before she
can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the
criminal action in her behalf.
The offended party, even if a minor, has the right to
abduction and acts of lasciviousness independently of her
party, who is a minor, fails to file the complaint, her
parents, grandparents, or guardian may file the same. The
guardian shall be exclusive of all other persons and shall
be exercised successively in the order herein provided,
except as stated in the preceding paragraph.
No criminal action for defamation which consists in the
imputation of any of the offenses mentioned above shall
be brought except at the instance of and upon complaint
filed by the offended party. (5a)
The prosecution for violation of special laws shall be
governed by the provisions thereof, (n)
SEC. 6. Sufficiency of complaint or information.ͶA
complaint or information is sufficient if it states the name
of the accused; the designation of the offense given by the
statute; the acts or omissions complained of as
constituting the offense; the name of the offended party;
the approximate date of the commission of the offense;
and the place where the offense was committed.
When an offense is committed by more than one person,
all of them shall be included in the complaint or
information. (6a)
SEC. 7. Name of the accused.ͶThe complaint or
information must state the name and surname of the
accused or any appellation or nickname by which he has
been or is known. If his name cannot be ascertained, he
must be described under a fictitious name with a
statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by
him or appears in some other manner to the court, such
true name shall be inserted in the complaint or
information and record. (7a)
SEC. 8. Designation of the offense.ͶThe complaint or
information shall state the designation of the offense
given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and
aggravating circumstances. If there is no designation of the
offense, reference shall be made to the section or
subsection of the statute punishing it. (8a)
SEC. 9. Cause of the accusation.ͶThe acts or omissions
complained of as constituting the offense and the
qualifying and aggravating circumstances must be stated
in ordinary and concise language and not necessarily in the
language used in the statute, but in terms sufficient to
enable a person of common understanding to know what
offense is being charged as well as its qualifying and
aggravating circumstances and for the court to pronounce
judgment. (9a)
SEC. 10. Place of commission of the offense.ͶThe
complaint or information is sufficient if it can be
understood from its allegations that the offense was
committed or some of its essential ingredients occurred at
some place within the jurisdiction of the court, unless the
particular place where it was committed constitutes an
essential element of the offense charged or is necessary
for its identification. (10a)
SEC. 11. Date of commission of the offense.ͶIt is not
necessary to state in the complaint or information the
precise date the offense was committed except when it is
a material ingredient of the offense. The offense may be
alleged to have been committed on a date as near as
possible to the actual date of its commission. (11a)
SEC. 12. Name of the offended party.ͶThe complaint or
information must state the name and surname of the
person against whom or against whose property the
offense was committed, or any appellation or nickname by
which such person has been or is known. If there is no
better way of identifying him, he must be described under
a fictitious name.
(a) In offenses against property, if the name of the
offended party is unknown, the property must be
described with such particularity as to properly identify
the offense charged.
(b) If the true name of the person against whom or against
whose property the offense was committed is thereafter
disclosed or ascertained, the court must cause such true
name to be inserted in the complaint or information and
the record.
its departure and arrival.
(c) Where an offense is committed on board a vessel in
the course of its voyage, the criminal action shall be
instituted and tried in the court of the first port of entry or
of any municipality or territory where the vessel passed
during such voyage, subject to the generally accepted
principles of international law.
(d) Crimes committed outside the Philippines but punish-
able under Article 2 of the Revised Penal Code shall be
cognizable by the court where the criminal action is first
filed. (15a)
SEC. 16. Intervention of the offended party in criminal
action.ͶWhere the civil action for recovery of civil liability
is instituted in the criminal action pursuant to Rule 111,
the offended party may intervene by counsel in the
prosecution of the offense












(c) If the offended party is a juridical person, it is sufficient
to state its name, or any name or designation by which it is
known or by which it may be identified, without need of
averring that it is a juridical person or that it is organized in
accordance with law. (12a)
SEC. 13. Duplicity of the offense.ͶA complaint or informa-
tion must charge only one offense, except when the law
prescribes a single punishment for various offenses. (13a)
SEC. 14. Amendment or substitution.ͶA complaint or
information may be amended, in form or in substance,
without leave of court, at any time before the accused
enters his plea. After the plea and during the trial, a formal
amendment may only be made with leave of court and
when it can be done without causing prejudice to the
rights of the accused.
However, any amendment before plea, which downgrades
the nature of the offense charged in or excludes any
accused from the complaint or information, can be made
only upon motion by the prosecutor, with notice to the
offended party and with leave of court. The court shall
state its reasons in resolving the motion and copies of its
order shall be furnished all parties, especially the offended
party, (n)
If it appears at any time before judgment that a mistake












SEC. 5. Arrest without warrant; when lawful.ͶA peace
officer or a private person may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
(b) When an offense has just been committed and he has
probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it; and
(c) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another.
In cases falling under paragraphs (a) and (b) above, the
person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule
112
 !







has been made in charging the proper offense, the court

shall dismiss the original complaint or information upon 
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the filing of a new one charging the proper offense in

accordance with section 19, Rule 119, provided the
accused shall not be placed in double jeopardy. The court
may require the witnesses to give bail for their appearance
at the trial. (14a)
SEC. 15. Place where action is to be instituted.Ͷ
(a) Subject to existing laws, the criminal action shall be
instituted and tried in the court of the municipality or
territory where the offense was committed or where any
of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or
other public or private vehicle in the course of its trip, the
criminal action shall be instituted and tried in the court of
any municipality or territory where such train, aircraft, or
other vehicle passed during its trip, including the place of
&
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+&),
'(&(* Ͷ Any public officer or
employee who, without legal grounds, detains a person,
shall suffer:
1. The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period, if the detention
has not exceeded three days;
2. The penalty of prision correccional in its medium and
maximum periods, if the detention has continued more
than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has
continued for more than fifteen days but not more than
six months; and
4. That of reclusion temporal, if the detention shall have
exceeded six months.
The commission of a crime, or violent insanity or any other
ailment requiring the compulsory confinement of the
patient in a hospital, shall be considered legal grounds for
the detention of any person.
investigates any person for the commission of an offense
shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and to
have competent and independent counsel, preferably of
his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under
custodial investigation. If such person cannot afford the
services of his own counsel, he must be provided with a
&
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)-&&* Ͷ The penalties provided
in the next preceding article shall be imposed upon the
public officer or employee who shall detain any person for
some legal ground and shall fail to deliver such person to
the proper judicial authorities within the period of: twelve
(12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) hours, for
crimes or offenses punishable by correctional penalties, or
their equivalent; and thirty-six (36) hours, for crimes or
offenses punishable by afflictive or capital penalties, or
their equivalent.
In every case, the person detained shall be informed of the
cause of his detention and shall be allowed upon his
request, to communicate and confer at any time with his
attorney or counsel.(As amended by EO No. 272, prom.
July 25, 1987.)
competent and independent counsel by the investigating
officer.
c) The custodial investigation report shall be reduced to
writing by the investigating officer, provided that before
such report is signed, or thumbmarked if the person
arrested or detained does not know how to read and
write, it shall be read and adequately explained to him by
his counsel or by the assisting counsel provided by the
investigating officer in the language or dialect known to
such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect
whatsoever.
d) Any extra-judicial confession made by a person
arrested, detained or under custodial investigation shall be
in writing and signed by such person in the presence of his
counsel or in the latter's absence, upon a valid waiver, and
in the presence of any of the parents, elder brothers and



"
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sisters, his spouse, the municipal mayor, the municipal

judge, district school supervisor, or priest or minister of



34

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"
the gospel as chosen by him; otherwise, such extrajudicial
(1) Any person under investigation for the commission of
an offense shall have the right to be informed of his right
to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and
in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used
against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in violation of
this or Section 17 hereof shall be inadmissible in evidence
against him.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and
their families.
)
2#1


As used this Act, "custodial investigation" shall include the
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL
AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF.
Sec. 1. Statement of Policy. It is the policy of the Senate
to value the dignity of every human being and guarantee
full respect for human rights.
Sec. 2. Rights of Persons Arrested, Detained or under
Custodial Investigation; Duties of Public Officers. a) Any
person arrested detained or under custodial investigation
shall at all times be assisted by counsel.
b) Any public officer or employee, or anyone acting
under his order or his place, who arrests, detains or
confession shall be inadmissible as evidence in any
proceeding.
e) Any waiver by a person arrested or detained under the
provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be in writing and
signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no
effect.
f) Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by
any member of his immediate family or by his counsel, or
by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any
international non-governmental organization duly
accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, finance
or fiancee, parent or child, brother or sister, grandparent
or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected
to have committed, without prejudice to the liability of the
"inviting" officer for any violation of law.
Sec. 3. Assisting Counsel. Assisting counsel is any lawyer,
except those directly affected by the case, those charged
with conducting preliminary investigation or those charged
with the prosecution of crimes.
The assisting counsel other than the government lawyers
shall be entitled to the following fees;
a) The amount of One hundred fifty pesos (P150.00) if
the suspected person is chargeable with light felonies;
b) The amount of Two hundred fifty pesos (P250.00) if c
 !


the suspected person is chargeable with less grave of

grave felonies: 
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c) The amount of Three hundred fifty pesos (P350.00) if

the suspected person is chargeable with a capital offense. 1. Right to Remain Silent
2. Right to a Counsel (if he can͛t afford, a counsel
The fee for the assisting counsel shall be paid by the city or will be assigned to him)
municipality where the custodial investigation is 3. Whatever he say may be used against him in
conducted, provided that if the municipality of city cannot court
pay such fee, the province comprising such municipality or
city shall pay the fee: Provided, That the Municipal of City
Treasurer must certify that no funds are available to pay
the fees of assisting counsel before the province pays said
fees.

*
290

In the absence of any lawyer, no custodial investigation
shall be conducted and the suspected person can only be
detained by the investigating officer in accordance with
the provisions of Article 125 of the Revised Penal Code.
Sec. 4. Penalty Clause. a) Any arresting public officer of
employee, or any investigating officer, who fails to inform
any person arrested, detained or under custodial
investigation of his right to remain silent and to have
competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00)
or a penalty of imprisonment of not less than eight (8)
years but not more than ten (10) years, or both. The
penalty of perpetual absolute disqualification shall also be
imposed upon the investigating officer who has been
previously convicted of a similar offense.
The same penalties shall be imposed upon a officer or
employee or anyone acting upon orders of such
investigating officer or in his place, who fails to provide a
competent and independent counsel to a person arrested,
detained or under custodial investigation for the
commission of an offense if the latter cannot afford the
services of his own counsel.
b) Any person who obstruct, persons or prohibits any
lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his
counsel, from visiting and conferring privately with him, of
from examining and treating him, or from ministering to
his spiritual needs, at any hour of the day or, in urgent
cases, of the night shall suffer the penalty of imprisonment
of not less than four (4) years nor more than six (6) years,
and a fine of four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any
security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and
prevent his escape.
Sec. 5. Repealing Clause. Republic Act No. No. 857, as
amended, is hereby repealed. Other laws, presidential
decrees, executive orders or rules and regulations, or parts
thereof inconsistent with the provisions of this Act are
repealed or modified accordingly.
Sec. 6. Effectivity. This Act shall take effect fifteen (15)
days following its publication in the Official Gazette or in
any daily newspapers of general circulation in the
Philippines.
Approved: April 27, 1992
4

7+
:
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AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN
HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE
REVISED PENAL CODE, AS AMENDED, OTHER SPECIAL
PENAL LAWS, AND FOR OTHER PURPOSES
WHEREAS, the Constitution, specifically Article III, Section
19 paragraph (1) thereof, states
"Excessive fines shall not be imposed nor cruel, degrading
or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides
for it. . .";
WHEREAS, the crimes punishable by death under this Act
are heinous for being grievous, odious and hateful
offenses and which, by reason of their inherent or
manifest wickedness, viciousness, atrocity and perversity
are repugnant and outrageous to the common standards
and norms of decency and morality in a just, civilized and
ordered society;
WHEREAS, due to the alarming upsurge of such crimes
which has resulted not only in the loss of human lives and
wanton destruction of property but also affected the
nation's efforts towards sustainable economic
development and prosperity while at the same time has
undermined the people's faith in the Government and the
latter's ability to maintain peace and order in the country;
WHEREAS, the Congress, in the justice, public order and
the rule of law, and the need to rationalize and harmonize
the penal sanctions for heinous crimes, finds compelling
reasons to impose the death penalty for said crimes;
Now, therefore,
Sec. 1. Declaration of Policy. It is hereby declared the
policy of the State to foster and ensure not only obedience
to its authority, but also to adopt such measures as would
effectively promote the maintenance of peace and order,
the protection of life, liberty and property, and the
promotion of the general welfare which are essential for
the enjoyment by all the people of the blessings of
democracy in a just and humane society;
Sec. 2. Article 114 of the Revised Penal Code, as
amended, is hereby amended to read as follows:
"Art. 114. Treason. Any Filipino citizen who levies war
against the Philippines or adheres to her enemies giving
them aid or comfort within the Philippines or elsewhere,
shall be punished by reclusion perpetua to death and shall
pay a fine not to exceed 100,000 pesos."
No person shall be convicted of treason unless on the
testimony of two witnesses at least to the same overt act
or on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who commits
acts of treason as defined in paragraph 1 of this Article
shall be punished by reclusion temporal to death and shall
pay a fine not to exceed 100,000 pesos."
Sec. 3. Section Three, Chapter One, Title One of Book Two
of the same Code is hereby amended to read as follows:
"Section Three. Piracy and mutiny on the high seas or in
the Philippine waters
Art. 122. Piracy in general and mutiny on the high seas or
in the Philippine waters. The penalty of reclusion perpetua
shall be inflicted upon any person who, on the high seas,
or in the Philippine waters, shall attack or seize a vessel or,
not being a member of its complement nor a passenger,
shall seize the whole of its part of the cargo of said vessels,
its equipment or passengers.
The same penalty be inflicted in case of mutiny on the high
seas or in the Philippine waters."
Art. 123. Qualified piracy. The penalty of reclusion
perpetua to death shall be imposed upon those who
commit any of the crimes referred to in the preceding
article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or
firing upon the same;
2. Whenever the pirates have abandoned their victims
without means of saving themselves or;
3. Whenever the crime is accompanied by murder,
homicide, physical injuries or rape."
Sec. 4. There shall be incorporated after Article 211 of the
same Code a new article to read as follows:
"Art. 211-A. Qualified Bribery. If any public officer is
entrusted with law enforcement and he refrains from
arresting or prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or death in
consideration of any offer, promise, gift or present, he
shall suffer the penalty for the offense which was not
prosecuted.
It is the public officer who asks or demands such gift or
present, he shall suffer the penalty of death."
Sec. 5. The penalty of death for parricide under Article
246 of the same Code is hereby restored, so that it shall
read as follows:
"Art. 246. Parricide. Any person who shall kill his father,
mother, or child, whether legitimate of illegitimate, or any
of his ascendants, or descendants, or his spouse, shall be
guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death."
Sec. 6. Article 248 of the same Code is hereby amended
to read as follows:
"Art. 248. Murder. Any person who, not falling within the
provisions of Article 246 shall kill another, shall be guilty of
murder and shall be punished by reclusion perpetua, to
death if committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or
afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion,
shipwreck, standing of a vessel, derailment or assault upon
a railroad, fall of an airship, or by means of motor vehicles,
or with the use of any other means involving great waste
and ruin.
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanely
augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse."
Sec. 7. Article 255 of the same Code is hereby amended
to read as follows:
"Art. 255. Infanticide. The penalty provided for parricide
in Article 246 and for murder in Article 248 shall be
imposed upon any person who shall kill any child less than
three days of age.
If any crime penalized in this Article be committed by the
mother of the child for the purpose of concealing her
dishonor, she shall suffer the penalty of prision mayor in
its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal
grandparents or either of them, the penalty shall be
reclusion temporal."
Sec. 8. Article 267 of the same Code is hereby amended
to read as follows:
"Art. 267. Kidnapping and serious illegal detention. Any
private individual who shall kidnap or detain another, or in
any other manner deprive him of his liberty, shall suffer
the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more
than three days.
2. If it shall have been committed simulating public
authority.
3. If any serious physical injuries shall have been inflicted
upon the person kidnapped or detained; or if threats to kill
him shall have been made.
4. If the person kidnapped or detained shall be a minor,
except when the accused is any of the parents, female or a
public officer.
The penalty shall be death penalty where the kidnapping
or detention was committed for the purpose of exhorting
ransom from the victim or any other person, even if none
of the circumstances above-mentioned were present in
the commission of the offense.
When the victim is killed or dies as a consequence of the
detention or is raped, or is subjected to torture or
dehumanizing acts, the maximum penalty shall be
imposed."
Sec. 9. Article 294 of the same Code is hereby amended
to read as follows:
"Art. 294. Robbery with violence against or intimidation
of persons- Penalties. Any person guilty of robbery with
the use of violence against or intimidation of any person
shall suffer.
1. The penalty of reclusion perpetua to death, when by
reason or on occasion of the robbery, the crime of
homicide shall have been committed, or when the robbery
shall have been accompanied by rape or intentional
mutilation or arson.
2. The penalty of reclusion temporal in its medium period
to reclusion perpetua, when or if by reason or on occasion
of such robbery, any of the physical injuries penalized in
subdivision I of Article 263 shall have been inflicted.
3. The penalty of reclusion temporal, when by reason or
on occasion of the robbery, any of the physical injuries
penalized in subdivision 2 of the article mentioned in the
next preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to
reclusion temporal in its medium period, if the violence or
intimidation employed in the commission of the robbery
shall have been carried to a degree clearly unnecessary for
the commission of the crime, or when in the course of its
execution, the offender shall have inflicted upon any
person not responsible for its commission any of the
physical injuries covered by subdivisions 3 and 4 of said
Article 263.
5. The penalty of prision correccional in its maximum
period to prision mayor in its medium period other cases."
Sec. 10. Article 320 of the same Code is hereby amended
to read as follows:
"Art. 320. Destructive Arson. The penalty of reclusion
perpetua to death shall be imposed upon any person who
shall burn:
1. One (1) or more buildings or edifices, consequent to
one single of burning, or as a result of simultaneous
burnings, committed on several or different occasions.
2. Any building of public or private ownership, devoted to
the public in general or where people usually gather or
congregate for a definite purpose such as, but not limited
to official governmental function or business, private
transaction, commerce, trade workshop, meetings and
conferences, or merely incidental to a definite purpose
such as but not limited to hotels, motels, transient
dwellings, public conveyance or stops or terminals,
regardless of whether the offender had knowledge that
there are persons in said building or edifice at the time it is
set on fire and regardless also of whether the building is
actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or
airplane, devoted to transportation or conveyance, or for
public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service
public utilities.
5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of
law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.
Irrespective of the application of the above enumerated
qualifying circumstances, the penalty of reclusion
perpetua to death shall likewise be imposed when the
arson is perpetrated or committed by two (2) or more
persons or by a group of persons, regardless of whether
their purpose is merely to burn or destroy the building or
the burning merely constitutes an overt act in the
commission or another violation of law.
The penalty of reclusion perpetua to death shall also be
imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder
or fireworks factory, ordinance, storehouses, archives or
general museum of the Government.
2. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.
If as a consequence of the commission of any of the acts
penalized under this Article, death results, the mandatory
penalty death shall be imposed."
Sec. 11. Article 335 of the same Code is hereby amended
to read as follows:
"Art. 335. When and how rape is committed is
committed. Rape is committed by having carnal
knowledge of a woman under any of the following
circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise
unconscious; and
3. When the woman is under twelve years of age or is
demented.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of
a deadly weapon or by two or more persons, the penalty
shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall be death.
When the rape is attempted or frustrated and a homicide
by reason or on the occasion thereof, the penalty shall be
reclusion perpetua to death.
The death penalty shall also be imposed it the crime of
rape is committed with any of the following attendant
circumstances:
1. when the victim is under eighteen (18) years of age
and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law-spouse of the
parent of the victim.
2. when the victim is under the custody of the police or
military authorities.
3. when the rape is committed in full view of the
husband, parent, any of the children of other relatives
within the third degree of consanguinity.
4. when the victim is a religious or a child below seven (7)
years old.
5. when the offender knows that he is afflicted with
Acquired Immune Deficiency Syndrome (AIDS) disease.
6. when committed by any member of the Armed Forces
of the Philippines or the Philippine National Police or any
law enforcement agency.
7. when by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation.
Sec. 12. Section 2 of Republic Act No. 7080 (An Act
Defining and Penalizing the Crime of Plunder) is hereby
amended to read as follows:
"Sec. 2. Definition of the Crime of Plunder; Penalties. Any
public officer who, by himself or in connivance with
members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other
persons, amasses, accumulates or acquires ill-gotten
wealth through a combination or series of overt criminal
acts as described in Section 1 (d) hereof in the aggregate
amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder
and shall be punished by reclusion perpetua to death. Any
person who participated with the said public officer in the
commission of an offense contributing to the crime of
plunder shall likewise be punished for such offense. In the
imposition of penalized, the degree of participation and
the attendance of mitigating and extenuating
circumstances, as provided by the Revised Penal Code,
shall be considered by the court. The court shall declare
any and all ill-gotten wealth and their interests and other
incomes and assets including the properties and shares of
stocks derived from the deposit or investment thereof
forfeited in favor of the State."
Sec. 13. Sections 3, 4, 5, 6, 7, 8 and 9, of Article II of
Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act 1972, are hereby amended to read as
follows:
"Sec. 3. Importation of Prohibited Drugs. The penalty of
reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos shall be
imposed upon any person who unless authorized by law,
shall import or bring into the Philippines any prohibited
drug.
Sec. 4. Sale, Administration, Delivery, Distribution and
Transportation of Prohibited Drugs. The penalty of
reclusion perpetua to death and a fine from five hundred
thousand pesos to ten million pesos shall be imposed upon
any person who, unless authorized by law, shall sell,
administer, deliver, give away to another, distribute,
dispatch in transit or transport any prohibited drug, or
shall act as a broker in any of such transactions.
Notwithstanding the provisions of Section 20 of this Act to
the contrary, if the victim of the offense is a minor, or
should a prohibited drug involved in any offense under this
Section be the proximate cause of the death of a victim
thereof, the maximum penalty herein provided shall be
imposed.
Sec. 5. Maintenance of a Den, Dive or Resort for
Prohibited Drug Users. The penalty of reclusion perpetua
to death and a fine ranging from five hundred thousand
pesos to ten million pesos shall be imposed upon any
person or group of persons who shall maintain a den, dive
or resort where any prohibited drug is used in any form or
where such prohibited drugs in quantities specified in
Section 20, Paragraph 1 of this Act are found.
Notwithstanding the provisions of Section 20 of this Act to
the contrary, the maximum of the penalty shall be
imposed in every case where a prohibited drug is
administered, delivered or sold to a minor who is allowed
to use the same in such place.
Should a prohibited drug be the proximate cause of the
death of a person using the same in such den, dive or
resort, the maximum penalty herein provided shall be
imposed on the maintainer notwithstanding the provisions
of Section 20 of this Act to the contrary.
Sec. 7. Manufacture of Prohibited Drug. The penalty of
reclusion perpetua to death and fine ranging from five
hundred thousand pesos to ten million pesos shall be
imposed upon any person who, unless authorized by law,
shall engage in the manufacture of any prohibited drug.
Sec. 8. Possession or Use of Prohibited Drugs. The
penalty of reclusion perpetua to death and a fine ranging
from five hundred thousand pesos to ten million pesos
shall be imposed upon any person who, unless authorized
by law, shall possess or use any prohibited drug subject to
the provisions of Section 20 hereof.
Sec. 9. Cultivation of Plants which are Sources of
Prohibited Drugs. The penalty of reclusion perpetua to
death and a fine ranging five hundred thousand pesos to
ten million pesos shall be imposed upon any person who
shall plant, cultivate or culture on any medium Indian
hemp, opium poppy (papaver somniferum), or any other
plant which is or may hereafter be classified as dangerous
drug or from which any dangerous drug may be
manufactured or derived.
The land or portions hereof, and/or greenhouses on which
any of said plants is cultivated or cultured shall be
confiscated and escheated to the State, unless the owner
thereof can prove that he did not know such cultivation or
culture despite the exercise of due diligence on his part.
If the land involved in is part of the public domain, the
maximum of the penalties herein provided shall be
imposed upon the offender."
Sec. 14. Sections 14, 14-A, and 15 of Article III of Republic
Act No. 6425, as amended, known as the Dangerous Drugs
Act of 1972, are hereby amended to read as follows:
"Sec. 14. Importation of Regulated Drugs. The penalty of
reclusion perpetua to death and as fine ranging from five
hundred thousand pesos to ten million pesos shall be
imposed upon any person who, unless authorized by law,
shall import or bring any regulated drug in the Philippines.
Sec. 14-A. Manufacture of Regulated Drugs. The penalty
of reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos shall be
imposed upon any person who, unless authorized by law,
shall engage in the manufacture of any regulated drug.
Sec. 15. Sale, Administration, Dispensation, Delivery,
Transportation and Distribution of Regulated Drugs. The
penalty of reclusion perpetua to death and a fine ranging
from five hundred thousand pesos to ten million pesos
shall be imposed upon any person who, unless authorized
by law, shall sell, dispense, deliver, transport or distribute
any regulated drug.
Notwithstanding the provisions of Section 20 of this Act to
the contrary, if the victim of the offense is a minor, or
should a regulated drug involved in any offense under this
Section be the proximate cause of the death of a victim
thereof, the maximum penalty herein provided shall be
imposed."
Sec. 15. There shall be incorporated after Section 15 of
Article III of Republic Act No. 6425, as amended, known as
the Dangerous Drug Act of 1972, a new section to read as
follows:
"Sec. 15-a. Maintenance of a den, dive or resort for
regulated drug users. The penalty of reclusion perpetua to
death and a fine ranging from five hundred thousand
pesos to ten million pesos shall be imposed upon any
person or group of persons who shall maintain a den, dive
resort where any regulated drugs is used in any from, or
where such regulated drugs in quantities specified in
Section 20, paragraph 1 of this Act are found.
Notwithstanding the provisions of Section 20 of this Act to
the contrary, the maximum penalty herein provided shall
be imposed in every case where a regulated drug is
administered, delivered or sold to a minor who is allowed
to use the same in such place.
Should a regulated drug be the approximate cause of the
death of a person using the same in such den, dive or
resort, the maximum penalty herein provided shall be
imposed on the maintainer notwithstanding the provisions
of Section 20 of this Act to the contrary."
Sec. 16. Section 16 of Article III of Republic Act No. 6425,
as amended, known as the Dangerous Drugs Act of 1972,
is hereby amended to read as follows:
"Sec. 16. Possession of Use of regulated Drugs. The
penalty of reclusion perpetua to death and a fine ranging
from five hundred thousand pesos to ten million pesos
shall be imposed upon any person who shall possess or
use any regulated drug without the corresponding license
or prescription, subject to the provisions of Section 20
hereof."
Sec. 17. Section 20, Article IV of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act of 1972, is
hereby amended to read as follows:
Sec. 20. Application of Penalties, Confiscation and
Forfeiture of the Proceeds or Instrument of the Crime.
The penalties for offenses under Section 3, 4, 7, 8 and 9 of
Article II and Sections 14, 14-A, 15 and 16 of Article III of
this Act shall be applied if the dangerous drugs involved is
in any of the following quantities:
1. 40 grams or more of opium;
2. 40 grams or more of morphine;
3. 200 grams or more of shabu or methylamphetamine
hydrochloride;
4. 40 grams or more of heroin;
5. 750 grams or more of indian hemp or marijuana;
6. 50 grams or more of marijuana resin or marijuana resin
oil;
7. 40 grams or more of cocaine or cocaine hydrochloride;
or
8. In the case of other dangerous drugs, the quantity of
which is far beyond therapeutic requirements, as
determined and promulgated by the Dangerous Drugs
Board, after public consultation/hearings conducted for
the purpose.
Otherwise, if the quantity involved is less than the
foregoing quantities, the penalty shall range from prision
correccional to reclusion perpetua depending upon the
quantity.
Every penalty imposed for the unlawful importation, sale,
administration, delivery, transportation or manufacture of
dangerous drugs, the cultivation of plant s which are
sources of dangerous drugs and the possession of any
opium pipe and other paraphernalia for dangerous drugs
shall carry with it the confiscation and forfeiture, in favor
of the Government, of all the proceeds of the crime
including but not limited to money and other obtained
thereby and the instruments or tools with which it was
committed, unless they are property of a third person not
liable for the offense, but those which are not of lawful
commerce shall be ordered destroyed without delay.
Dangerous drugs and plant sources of such drugs as well
as the proceeds or instruments of the crime so confiscated
and forfeited in favor of the Government shall be turned
over to the Board for proper disposal without delay.
Any apprehending or arresting officer who
misappropriates or misapplies or fails to account for seized
or confiscated dangerous drugs or plant-sources of
dangerous drugs or proceeds or instruments of the crime
are herein defined shall after conviction be punished by
the penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten million
pesos.
Sec. 18. There shall be incorporated after Section 20 of
Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, a new section to read as
follows:
"Sec. 20-A. Plea-bargaining Provisions. Any person
charged under any provision of this Act where the
imposable penalty is reclusion perpetua to death shall not
be allowed to avail of the provision on plea-bargaining."
Sec. 19. Section 24 of Republic Act No. 6425, as amended,
known as the Dangerous Drugs Act of 1972, is hereby
amended to read as follows:
"Sec. 24. Penalties for Government Official and
Employees and Officers and Members of Police Agencies
and the Armed Forces, 'Planting' of Evidence. The
maximum penalties provided for Section 3, 4(1), 5(1), 6, 7,
8, 9, 11, 12 and 13 of Article II and Sections 14, 14-A, 15(1),
16 and 19 of Article III shall be imposed, if those found
guilty of any of the said offenses are government officials,
employees or officers including members of police
agencies and the armed forces.
Any such above government official, employee or officer
who is found guilty of "planting" any dangerous drugs
punished in Sections 3, 4, 7, 8, 9 and 13 of Article II and
Sections 14, 14-A, 15 and 16 of Article III of this Act in the
person or in the immediate vicinity of another as evidence
to implicate the latter, shall suffer the same penalty as
therein provided."
Sec. 20. Sec. 14 of Republic Act No. 6539, as amended,
known as the Anti-Carnapping Act of 1972, is hereby
amended to read as follows:
Sec. 14. Penalty for Carnapping. Any person who is
found guilty of carnapping, as this term is defined in
Section Two of this Act, shall, irrespective of the value of
motor vehicle taken, be punished by imprisonment for not
less than fourteen years and eight months and not more
than seventeen years and four months, when the
carnapping is committed without violence or intimidation
of persons, or force upon things; and by imprisonment for
not less than seventeen years and four months and not
more than thirty years, when the carnapping is committed
by means of violence against or intimidation of any
person, or force upon things; and the penalty of reclusion
perpetua to death shall be imposed when the owner,
driver or occupant of the carnapped motor vehicle is killed
or raped in the course of the commission of the
carnapping or on the occasion thereof."
Sec. 21. Article 27 of the Revised Penal Code, as
amended, is hereby amended to read as follows:
Art. 27. Reclusion perpetua. The penalty of reclusion
perpetua shall be from twenty years and one day to forty
years.
Reclusion temporal. The penalty of reclusion temporal
shall be from twelve years and one day to twenty years.
Prision mayor and temporary disqualification. The
duration of the penalties of prision mayor and temporary
disqualification shall be from six years and one day to
twelve years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case, it shall be
that of the principal penalty.
Prision correccional, suspension, and destierro. The
duration of the penalties of prision correccional,
suspension, and destierro shall be from six months and
one day to six years, except when the suspension is
imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Arresto mayor. The duration of the penalty of arresto
mayor shall be from one month and one day to six
months.
Arresto menor. The duration of the penalty of arresto
menor shall be from one day to thirty days.
Bond to keep the peace. The bond to keep the peace shall
be required to cover such period of time as the court may
determine."
Sec. 22. Article 47 of the same Code is hereby amended
to read as follows:
Art. 47. In what cases the death penalty shall not be
imposed; Automatic review of the Death Penalty Cases.
The death penalty shall be imposed in all cases in which it
must be imposed under existing laws, except when the
guilty person is below eighteen (18) years of age at the
time of the commission of the crime or is more than
seventy years of age or when appeal or automatic review
of the case by the Supreme Court, the required majority
vote is not obtained for the imposition of the death
penalty, in which cases the penalty shall be reclusion
perpetua.
In all cases where the death penalty is imposed by the trial
court, the records shall be forwarded to the Supreme
Court for automatic review and judgment by the Court en
banc, within twenty (20) days but not earlier than fifteen
(15) days after promulgation of the judgment or notice of
denial of any motion for new trial or reconsideration. The
transcript shall also be forwarded within ten (10) days
from the filing thereof by the stenographic reporter."
Sec. 23. Article 62 of the same Code, as amended, is
hereby amended to read as follows :
Art. 62. Effects of the attendance of mitigating or
aggravating circumstances and of habitual delinquency.
Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with
the following rules:
1. Aggravating circumstances which in themselves
constitute a crime specially punishable by law or which are
included by the law in defining a crime and prescribing the
penalty therefor shall not be taken into account for the
purpose of increasing the penalty.
1(a). When in the commission of the crime, advantage
was taken by the offender of his public position, the
penalty to be imposed shall be in its maximum regardless
of mitigating circumstances.
The maximum penalty shall be imposed if the offense was
committed by any group who belongs to an
organized/syndicated crime group.
An organized/syndicated crime group means a group of
two or more persons collaborating, confederating or
mutually helping one another for purposes of gain in the
commission of any crime.
2. The same rule shall apply with respect to any
aggravating circumstances inherent in the crime to such a
degree that it must of necessity accompany the
commission thereof.
3. Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his
private relations with the offended party, of from any
other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of them
at the time of the execution of the act or their cooperation
therein.
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced
to the penalty provided by law for the last crime of which
he be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last crime or
which he be found guilty and to the additional penalty of
prision mayor in its minimum and medium periods; and
© Upon a fifth or additional conviction, the culprit shall
be sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion temporal
in its minimum period.
Notwithstanding the provisions of this article, the total of
the two penalties to be imposed upon the offender, in
conformity herewith, shall in case exceed 30 years.
For purposes of this article, a person shall be deemed to
be a habitual delinquent, if within a period of ten years
from the date of his release or last conviction of the crimes
of serious or less serious physical injuries, robo, hurto,
estafa or falsification, he is found guilty of any of said
crimes a third time or oftener.
Sec. 24. Article 81 of the same Code, as amended, is
hereby amended to read as follows :
Art. 81. When and how the death penalty is to be
executed. The death sentence shall be executed with
preference to any other and shall consist in putting the
person under sentence to death by electrocution. The
death sentence shall be executed under the authority of
the Director of Prisons, endeavoring so far as possible to
mitigate the sufferings of the person under the sentence
during electrocution as well as during the proceedings
prior to the execution.
If the person under sentence so desires, he shall be
anaesthetized at the moment of the execution.
As soon as facilities are provided by the Bureau of Prisons,
the method of carrying out the sentence shall be changed
to gas poisoning.

The death sentence shall be carried out not later than one
(1) year after the judgment has become final.
Sec. 25. Article 83 of the same Code is hereby amended
to read as follows:
Art. 83. Suspension of the execution of the death
sentence. The death sentence shall not be inflicted upon a
woman while she is pregnant or within one (1) year after
delivery, nor upon any person over seventy years of age. In
this last case, the death sentence shall be commuted to
the penalty of reclusion perpetua with the accessory
penalties provided in Article 40.
In all cases where the death sentence has become final,
the records of the case shall be forwarded immediately by
the Supreme Court to the Office of the President for
possible exercise of the pardoning power.
Sec. 26. All laws, presidential decrees and issuances,
executive orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Sec. 27. If, for any reason or reasons, any part of the
provision of this Act shall be held to be unconstitutional or
invalid, other parts of provisions hereof which are not
affected thereby shall continue to be in full force and
effect.
Sec. 28. This Act shall take effect fifteen (15) days after its
publication in two (2) national newspapers of general
circulation. The publication shall not be later than seven
(7) days after the approval hereof.
Approved: December 13, 1993
SECTION 3. Persons convicted of offenses punished with
reclusion perpetua, or whose sentences will be reduced to
reclusion perpetua, by reason of the Act, shall not be
eligible for parole under Act No. 4103, otherwise known as
the Indeterminate Sentence Law, as amended.
SECTION 4. The Board of Pardons and Parole shall cause
the publication at least once a week for three consecutive
weeks in a newspaper of general circulation of the names
of persons convicted of offenses punished with reclusion
perpetua or life imprisonment by reason of this Act who
are being considered or recommended for commutation
of pardon: Provided, however, That nothing herein shall
limit the power of the President to grant executive
clemency under Section 19, Article VII of the Constitution.
SECTION 5. This Act shall take effect immediately after its
publication in two national newspapers of general
circulation.
Approved, June 24, 2006
([2006 RA 9346] AN ACT PROHIBITING THE IMPOSITION OF
DEATH PENALTY IN THE PHILIPPINES, 13th Congress, 2006
Jun 24, Republic Act)

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AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY

IN THE PHILIPPINES

Be it enacted by the Senate and House of Representatives

of the Philippines in Congress assembled:

SECTION 1. The imposition of the penalty of death is

hereby prohibited. Accordingly, Republic Act No. Eight
Thousand One Hundred Seventy-Seven (R. A. No. 8177),
otherwise known as the Act Designating Death by Lethal
Injection is hereby repealed. Republic Act No. Seven
Thousand Six Hundred Fifty-Nine (R. A. No. 7659),
otherwise known as the Death Penalty Law, and all other
laws, executive orders and decrees, insofar as they impose
the death penalty are hereby repealed or amended
accordingly.

SECTION 2. In lieu of the death penalty, the following shall

be imposed:

(a) the penalty of reclusion perpetua, when the law

violated makes use of the nomenclature of the penalties of
the Revised Penal Code; or

(b) the penalty of life imprisonment, when the law

violated does not makes use of the nomenclature of the
penalties of the Revised Penal Code.