Amending Art. 156, 223 and 224 of Act No. 3815 (the Revised Penal Code)

senate Office of the Suretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 26 JAN 13 P6:20 First Regular Session RECEIVED BY: SENA 665 S. No. - Introduced by Senator Ronald "Bato" Dela Rosa AN ACT PROVIDING FOR HIGHER PENALTIES FOR DELIVERY OF PRISONERS FROM JAIL AND INFIDELITY IN THE CUSTODY OF PRISONERS, AMENDING FOR THE PURPOSE ARTICLES 156, 223 AND 224 OF ACT NO. 3815, OTHERWISE KNOWN AS "THE REVISED PENAL CODE", AS AMENDED EXPLANATORY NOTE

Section 156 of Act No. 3815, otherwise known as "The Revised Penal Code"

provides for a penalty ranging from four (4) months and one (1) day to two (2) years and four (4) months for 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, and a penalty of one (1) month and one (1) day to six (6) months if other means are used. Meantime, Sections 223 and 224 thereof provides for a penalty ranging from six (6) months and one (1) day to six (6) years for public officers who shall consent to the escape of a prisoner in his custody or charge, and a penalty ranging from four (4) months and one (1) day to two (2) years and four (4) months if the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the escaping prisoner. However, despite these penalties provided under the Revised Penal Code, several incidents have been reported involving public officers who have been remiss of their duties in safekeeping the persons deprived of liberty who are under their conveyance or custody. On 21 June 2023, Jose Adrian "Jad" Dera was arrested by authorities after he escaped from detention. An official of the National Bureau of Investigation (NBI)

allegedly ordered jail guards to escort him during dates and road trips. According to the NBI guards said that it was not the first time the high-profile detainee went out of the facility, adding that they accompanied him at least seven (7) times. These included a trip to Tagaytay City, an overnight stay in Angeles, Pampanga, two (2) visits in Batangas, and a recent road trip with his wife for Father's Day. Similar incident happened on 07 July 2023, when Michael Cataroja, a person deprived of liberty detained at the New Bilibid Prison (NBP) escaped from its maximum-security compound by allegedly hiding under a garbage truck. On June 2024, a convicted rapist, Edgar Dumagsa, broke out of Iwahig Prison and Penal Farm. He was the second Iwahig inmate to stage a successful escape in 2024, the first being convicted murderer Jaime Calidan. On November 2024, nine (9) persons under police custody escaped from Police Station 1's custodial facility in Tondo, Manila. Initial investigation reveal that the escapee managed to break the iron grill at the side portion of the jail facility. More recently, on 13 April 2025, the CIDG arrested PDLs Abdua Arajalon and Mario San Jose after receiving information that they were allowed to leave Bulacan Provincial Jail despite having pending cases. Escort jail guard Tee Jay Jimenez was also arrested for illegally escorting a detainee without court authorization. On 10 June 2025, the operatives of the National Capital Region Police Office (NCRPO) arrested a police sergeant over escape of an inmate at the detention facility of a substation of the Caloocan City Police. Considering these incidents, there is a need to increase the penalties against public officers who are mandated to safekeep these persons deprived of liberty, regardless of whether it was due to their negligence or whether it was done through intimidation or bribery, and more so if was done through their connivance or consent, in order to attain a more effective corrections system. In view thereof, the passage of this measure is earnestly sought. RONALD "BATO" DELA ROSA

Sentate Office of the @etretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 26 JAN 13 P6:20 First Regular Session ) RECEIVED BY: SENATE S. B. No. 1665 Introduced by Senator Ronald "Bato" Dela Rosa AN ACT PROVIDING FOR HIGHER PENALTIES FOR DELIVERY OF PRISONERS FROM JAIL AND INFIDELITY IN THE CUSTODY OF PRISONERS, AMENDING FOR THE PURPOSE ARTICLES 156, 223 AND 224 OF ACT NO. 3815, OTHERWISE KNOWN AS "THE REVISED PENAL CODE", AS AMENDED Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Article 156 of Act No. 3815, otherwise known as "The Revised Penal

2 Code", as amended, is hereby amended as follows: "Article 156. Delivery of Prisoners from Jail. - The penalty of [arresto mayor in its maximum period to] prision correccional in its minimum [period] TO MEDIUM 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. If other means are used the penalty of arresto mayor IN ITS MAXIMUM PERIOD shall be imposed. If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties shall be imposed in their minimum period."

Sec. 2. Article 223 of Act No. 3815, otherwise known as "The Revised Penal

2 Code", as amended, is hereby amended as follows: "Article 223. Conniving with or consenting to evasion. - Any public officer who shall consent to the escape of a prisoner in his custody or charge, shall be punished: 1. By prision correcciona/ in its [medium and] maximum [periods] PERIOD TO PRISION MAYOR IN ITS MINIMUM PERIOD and temporary special disqualification in its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final judgement to any penalty. 2. By prision correcciona/ in its [minimum] MEDIUM period and temporary special disqualification, in case the fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or violation of law or municipal ordinance."

Sec. 3. Article 224 of Act No. 3815 otherwise known as " The Revised Penal

Code", as amended, is hereby amended as follows: "Article 224. Evasion through negligence. - If the evasion of the 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 in its maximum period tol prision correcciona/ in its minimum [period] TO MEDIUM PERIODS and temporary special disqualification."

Sec. 4. Separability Clause. - If any portion or provision of this Act is declared

2 unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

Sec. 5. Repealing Clause. - Any law, presidential decree or issuance, executive

5 order, letter of instruction, rule or regulation inconsistent with the provisions of this 6 Act is hereby repealed or modified accordingly

Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its complete

8 publication in the Official Gazette or in a national newspaper of general circulation. Approved,