crim assignment cases (first set)

7/23/2019 Crim Assignment Cases (First Set)

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Republic of the PhilippinesCongress of the Philippines

Metro ManilaFifteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twele!

[REPUBLIC ACT NO. 10592]

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTER!ISE "NO!N AS TERE#ISED PENAL CODE

Be it enacted by the Senate and "ouse of Representaties of the Philippines in Congress asse#bled$

S%CT&'( )! *rticle + of *ct (o! .)/, as a#ended, otherwise 0nown as the Reised Penal Code, is hereby further a#ended toread as follows$

1*RT! +! Period of preentie i#prison#ent deducted fro# ter# of i#prison#ent! 2 'ffenders or accused who hae undergonepreentie i#prison#ent shall be credited in the serice of their sentence consisting of depriation of liberty, with the full ti#e duringwhich they hae undergone preentie i#prison#ent if the detention prisoner agrees oluntarily in writing after being infor#ed of theeffects thereof and with the assistance of counsel to abide by the sa#e disciplinary rules i#posed upon conicted prisoners, e3ceptin the following cases$

1)! 4hen they are recidiists, or hae been conicted preiously twice or #ore ti#es of any cri#e5 and

1+! 4hen upon being su##oned for the e3ecution of their sentence they hae failed to surrender oluntarily!

1&f the detention prisoner does not agree to abide by the sa#e disciplinary rules i#posed upon conicted prisoners, he shall do so inwriting with the assistance of a counsel and shall be credited in the serice of his sentence with four-fifths of the ti#e during whichhe has undergone preentie i#prison#ent!

1Credit for preentie i#prison#ent for the penalty of reclusion perpetua shall be deducted fro# thirty 678 years!

14heneer an accused has undergone preentie i#prison#ent for a period e9ual to the possible #a3i#u# i#prison#ent of theoffense charged to which he #ay be sentenced and his case is not yet ter#inated, he shall be released i##ediately withoutpre:udice to the continuation of the trial thereof or the proceeding on appeal, if the sa#e is under reiew! Co#putation of preentiei#prison#ent for purposes of i##ediate release under this paragraph shall be the actual period of detention with good conduct ti#eallowance$ Proided, howeer, That if the accused is absent without :ustifiable cause at any stage of the trial, the court #ay #otuproprio order the rearrest of the accused$ Proided, finally, That recidiists, habitual delin9uents, escapees and persons chargedwith heinous cri#es are e3cluded fro# the coerage of this *ct! &n case the #a3i#u# penalty to which the accused #ay be

sentenced is lestierro, he shall be released after thirty 678 days of preentie i#prison#ent!;

S%C! +! *rticle < of the sa#e *ct is hereby further a#ended to read as follows$

1*RT!

1)! By conditional pardon5

1+! By co##utation of the sentence5 and

1! For good conduct allowances which the culprit #ay earn while he is undergoing preentie i#prison#ent or sering hissentence!;

S%C! ! *rticle = of the sa#e *ct is hereby further a#ended to read as follows$

1*RT! =! *llowance for good conduct! 2 The good conduct of any offender 9ualified for credit for preentie i#prison#ent pursuantto *rticle + of this Code, or of any conicted prisoner in any penal institution, rehabilitation or detention center or any other local :ail

shall entitle hi# to the following deductions fro# the period of his sentence$

1)! >uring the first two years of i#prison#ent, he shall be allowed a deduction of twenty days for each #onth of good behaiorduring detention5

1+! >uring the third to the fifth year, inclusie, of his i#prison#ent, he shall be allowed a reduction of twenty-three days for each#onth of good behaior during detention5

1! >uring the following years until the tenth year, inclusie, of his i#prison#ent, he shall be allowed a deduction of twenty-fie daysfor each #onth of good behaior during detention5


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1uring the eleenth and successie years of his i#prison#ent, he shall be allowed a deduction of thirty days for each #onth ofgood behaior during detention5 and

1/! *t any ti#e during the period of i#prison#ent, he shall be allowed another deduction of fifteen days, in addition to nu#bers oneto four hereof, for each #onth of study, teaching or #entoring serice ti#e rendered!

1*n appeal by the accused shall not deprie hi# of entitle#ent to the aboe allowances for good conduct!;

S%C!

1*RT! .! Special ti#e allowance for loyalty! 2 * deduction of one fifth of the period of his sentence shall be granted to any prisonerwho, haing eaded his preentie i#prison#ent or the serice of his sentence under the circu#stances #entioned in *rticle )/. ofthis Code, gies hi#self up to the authorities within irector of the Bureau of Corrections, the Chief of theBureau of Jail Manage#ent and Penology and?or the 4arden of a proincial, district, #unicipal or city :ail shall grant allowances forgood conduct! Such allowances once granted shall not be reo0ed!;

S%C! @! Penal Clause! 2 Faithful co#pliance with the proisions of this *ct is hereby #andated! *s such, the penalty of one 6)8 yeari#prison#ent, a fine of 'ne hundred thousand pesos 6P)77,777!778 and perpetual dis9ualification to hold office shall be i#posedagainst any public officer or e#ployee who iolates the proisions of this *ct!

S%C! =! ple#enting Rules and Regulations! 2 The Secretary of the >epart#ent of Justice 6>'J8 and the Secretary of the>epart#ent of the &nterior and Aocal oern#ent 6>&A8 shall within si3ty 6@78 days fro# the approal of this *ct, pro#ulgate rulesand regulations on the classification syste# for good conduct and ti#e allowances, as #ay be necessary, to i#ple#ent theproisions of this *ct!

S%C! .! Separability Clause! 2 &f any part hereof is held inalid or unconstitutional, the re#ainder of the proisions not otherwiseaffected shall re#ain alid and subsisting!

S%C! ! Repealing Clause! 2 *ny law, presidential decree or issuance, e3ecutie order, letter of instruction, ad#inistratie order, ruleor regulation contrary to or inconsistent with the proisions of this *ct is hereby repealed, #odified or a#ended accordingly!

S%C! )7! %ffectiity Clause! 2 This *ct shall ta0e effect fifteen 6)/8 days fro# its publication in the 'fficial aette or in at least two6+8 new papers of general circulation!


Metro ManilaSi3teenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand fourteen!

[REPUBLIC ACT NO. 10$55]

AN ACT REPEALING TE CRIME OF PREMATURE MARRIAGE UNDER ARTICLE 351 OF ACT NO. 3815, OTER!ISE

"NO!N AS TE RE#ISED PENAL CODE


S%CT&'( )! 4ithout pre:udice to the proisions of the Fa#ily Code on paternity and filiation, *rticle /) of *ct (o! .)/, otherwise0nown as the Reised Penal Code, punishing the cri#e of pre#ature #arriage co##itted by a wo#an, is hereby repealed!

S%C! +! Repealing Clause! 2 *ll laws, decrees, e3ecutie orders, rules and regulations that are inconsistent with the proisions ofthis *ct are hereby repealed or #odified accordingly!

S%C! ! %ffectiity! 2 This *ct shall ta0e effect fifteen 6)/8 days after its co#plete publication in at least two 6+8 newspapers ofgeneral circulation!


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Metro ManilaSi3teenth Congress

First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand thirteen!

[REPUBLIC ACT NO. 10$40]

AN ACT TO FURTER STRENGTEN TE ANTI%DRUG CAMPAIGN OF TE GO#ERNMENT, AMENDING FOR TE PURPOSESECTION 21 OF REPUBLIC ACT NO. 91$5, OTER!ISE "NO!N AS TE &COMPREENSI#E DANGEROUS DRUGS ACT

OF 2002'


S%CT&'( )! Section +) of Republic *ct (o! )@/, otherwise 0nown as the 1Co#prehensie >angerous >rugs *ct of +77+;, ishereby a#ended to read as follows$

1S%C! +)! Custody and >isposition of Confiscated, Seied, and?or Surrendered >angerous >rugs, Plant Sources of >angerous>rugs, Controlled Precursors and %ssential Che#icals, &nstru#ents?Paraphernalia and?or Aaboratory %9uip#ent! 2 The P>%* shall

ta0e charge and hae custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essentialche#icals, as well as instru#ents?paraphernalia and?or laboratory e9uip#ent so confiscated, seied and?or surrendered, for properdisposition in the following #anner$

16)8 The apprehending tea# haing initial custody and control of the dangerous drugs, controlled precursors and essentialche#icals, instru#ents?paraphernalia and?or laboratory e9uip#ent shall, i##ediately after seiure and confiscation, conduct aphysical inentory of the seied ite#s and photograph the sa#e in the presence of the accused or the person?s fro# who# suchite#s were confiscated and?or seied, or his?her representatie or counsel, with an elected public official and a representatie of the(ational Prosecution Serice or the #edia who shall be re9uired to sign the copies of the inentory and be gien a copy thereof$Proided, That the physical inentory and photograph shall be conducted at the place where the search warrant is sered5 or at thenearest police station or at the nearest office of the apprehending officer?tea#, whicheer is practicable, in case of warrantlessseiures$ Proided, finally, That nonco#pliance of these re9uire#ents under :ustifiable grounds, as long as the integrity and theeidentiary alue of the seied ite#s are properly presered by the apprehending officer?tea#, shall not render oid and inalid suchseiures and custody oer said ite#s!

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168 * certification of the forensic laboratory e3a#ination results, which shall be done by the forensic laboratory e3a#iner, shall beissued i##ediately upon the receipt of the sub:ect ite#?s$ Proided, That when the olu#e of dangerous drugs, plant sources ofdangerous drugs, and controlled precursors and essential che#icals does not allow the co#pletion of testing within the ti#e fra#e,a partial laboratory e3a#ination report shall be proisionally issued stating therein the 9uantities of dangerous drugs still to bee3a#ined by the forensic laboratory$ Proided, howeer, That a final certification shall be issued i##ediately upon co#pletion of thesaid e3a#ination and certification5

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S%C! +! ple#enting Rules and Regulations 6&RR8! 2 To i#ple#ent effectiely the proisions of Section +), the Philippine >rug%nforce#ent *gency 6P>%*8 shall issue the necessary guidelines on the &RR for the purpose in consultation with the >epart#ent ofJustice 6>' J8 and releant sectors to curb increasing drug cases!

S%C! ! Separability Clause! 2 &f any proision or part hereof is held inalid or unconstitutional, the re#ainder of the law or theproision not otherwise affected shall re#ain alid and subsisting!

S%C!

S%C! /! %ffectiity! 2 This *ct shall ta0e effect fifteen 6)/8 days after its co#plete publication in at least two 6+8 newspapers ofgeneral circulation!



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Metro ManilaFifteenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleen!

[REPUBLIC ACT NO. 10159]

AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTER!ISE "NO!N AS TE RE#ISED PENAL CODE


S%CT&'( )! *rticle of *ct (o! .)/, as a#ended, is hereby further a#ended to read as follows$

1*rt! ! Subsidiary Penalty! 2 &f the conict has no property with which to #eet the fine #entioned in paragraph of the ne3tpreceding article, he shall be sub:ect to a subsidiary personal liability at the rate of one day for each a#ount e9uialent to thehighest #ini#u# wage rate preailing in the Philippines at the ti#e of the rendition of :udg#ent of coniction by the trial court,sub:ect to the following rules$

1)! &f the principal penalty i#posed be prision correctional or arresto and fine, he shall re#ain under confine#ent until his finereferred in the preceding paragraph is satisfied, but his subsidiary i#prison#ent shall not e3ceed one-third of the ter# of thesentence, and in no case shall it continue for #ore than one year, and no fraction or part of a day shall be counted against theprisoner!

1+! 4hen the principal penalty i#posed be only a fine, the subsidiary i#prison#ent shall not e3ceed si3 #onths, if the culprit shallhae been prosecuted for a grae or less grae felony, and shall not e3ceed fifteen days, if for a fight felony!

1! 4hen the principal penalty i#posed is higher than prision correctional, no subsidiary i#prison#ent shall be i#posed upon theculprit!

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1/! The subsidiary personal liability which the conict #ay hae suffered by reason of his insolency shall not reliee hi# fro# thefine in case his financial circu#stances should i#proe!; 6*s a#ended by Republic *ct (o! /

crim assignment cases (first set)

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