REPUBLIC
ACT NO. 7659
AN ACT
TO IMPOSE THE
DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE
REVISED 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 interest of 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;chanrobles
virtual law library
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 seasor
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 or part of the cargo of said vessel, its equipment or
passengers.
The same
penalty
shall
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.
"If 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, stranding 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 inhumanly 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."chanrobles
virtual law library 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 extorting 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 in 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 act of burning, or as a
result of simultaneous burnings, committed on several or different
occasions.chanrobles
virtual law library
"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 conveyances 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 appurtances thereto, which are devoted
to
the service of 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, ordnance,
storehouse, 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 of 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. - 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 is committed 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 or 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.chanrobles virtual law library
"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
penalties,
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 from five hundred thousand pesos
to
ten million pesos shall be imposed upon any person who shall plant,
cultivate
or culture 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
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 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."chanrobles
virtual law library 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 or resort where any
regulated
drugs is used in any form, 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 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. 16. Section
16 of Article III of Republic Act No. 6425, as amended, known as the
Dangerous
Drugs Act No. 6425, is amended to read as follows:
"Sec.
16. Possession
or 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
Instruments
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
consultations/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 plants 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
the
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 as 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.chanrobles
virtual law library
"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
upon
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.chanrobles virtual
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library
"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
"(c) 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 no 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.chanrobles
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"If the person
under
sentence
so desires, he shall be anaesthesized 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 or 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.chanrobles
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Approved: December 13,
1993
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