:.... TWENTIETH CONGRESS OF THE ) JUL 14 49:51 First Regular Session SENATE S. No. 485 Introduced by Senator Francis G. Escudero AN ACT MANDATING THE IMPOSITION OF LESSER PENALTIES IN CRIMINAL CASES WHERE THE CORRESPONDING CIVIL ASPECT HAVE BEEN SETTLED THROUGH ALTERNATIVE DISPUTE RESOLUTION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9285, OTHERWISE KNOWN AS THE "ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004" EXPLANATORY NOTE Alternative dispute resolution (ADR) has become an effective legal mechanism in settling controversies or disputes in court. As a way of encouraging ADR and promoting its use, this bill seeks to provide the benefit, favorable to the accused, of lowering the penalty in case of conviction in criminal cases where the civil aspect of which Is settled with finality through or by ADR. It is submitted that with this proposal, criminal cases will be resolved with dispatch especially in determining and satisfying civil liability at the least which is impliedly instituted in the filing of such cases in court An immediate deliberation of this bill is thus requested. FRANC SO ESCUDERO
=- TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 AUL 14 NU:51 SENATE S. No. - Introduced by Senator Francis G. Escudero AN ACT MANDATING THE IMPOSITION OF LESSER PENALTIES IN CRIMINAL CASES WHERE THE CORRESPONDING CIVIL ASPECT HAVE BEEN SETTLED THROUGH ALTERNATIVE DISPUTE RESOLUTION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9285, OTHERWISE KNOWN AS THE "ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assemble
Section 1. A new Section 7 is hereby inserted under Chapter 1 of Republic Act
No. 9285 which shall read as follows: "SEC. 7. EFFECTS OF ADR ON CRIMINAL CASES. - SUBJECT TO THE IMMEDIATELY PRECEDING SECTION OF THIS ACT, IN CRIMINAL CASES WHERE THE CIVIL ASPECT OF WHICH IS SETTLED WITH FINALITY THROUGH ADR, THE PENALTY TO BE IMPOSED SHALL BE AT LEAST TWO (2) DEGREES LOWER THAN THAT PRESCRIBED BY LAW. IF THE SUBJECT OFFENSE CANNOT BE LOWERED BY TWO (2) DEGREES PURSUANT TO ARTICLE 61 OF THE REVISED PENAL CODE, THEN THE PENALTY TO BE IMPOSED SHALL BE FROM THE MINIMUM TO THE NEXT LOWER PENALTY PRESCRIBED BY LAW."
The succeeding sections are hereby renumbered accordingly.
Sec. 2. Repealing Clause. - All laws, presidential decrees, executive orders,
rules, and regulations or parts thereof which are inconsistent with the provisions of 4 this Act are hereby repealed or modified accordingly.
Sec. 3. Effectivity. - This Act shall take effect fifteen (15) days after its
6 publication in the Official Gazette or at least two (2) newspapers of general circulation. Approved,