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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
I. FULL TEXT
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 penalt be imposed, unless,
for compelling reasons involving heinous crimes, the !ongress hereafter
provides for it";
WHEREAS, the crimes punishable by death under this Act are heinous for being
grievous, odious and hateful offenses and hich, by reason of their inherent or
manifest ic!edness, viciousness, atrocity and perversity are repugnant and
outrageous to the common standards and norms of decency and morality in a
"ust, civili#ed and ordered society;
WHEREAS, due to the alarming upsurge of such crimes hich has resulted not
only in the loss of human lives and anton destruction of property but also
affected the nation$s efforts toards sustainable economic development and
prosperity hile at the same time has undermined the people$s faith in the
%overnment and the latter$s ability to maintain peace and order in the country;
WHEREAS, the Congress, in the interest of "ustice, public order and the rule of
la, and the need to rationali#e and harmoni#e the penal sanctions for heinous
crimes, finds compelling reasons to impose the death penalty for said crimes;
chanrobles virtual la library
&o, therefore,
Sec' 1' "eclaration of #olic' ( 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 ould effectively promote the maintenance of peace and order, the
protection of life, liberty and property, and the promotion of the general elfare
hich are essential for the en"oyment by all the people of the blessings of
democracy in a "ust and humane society;
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Sec' )' Article 11* of the +evised ,enal Code, as amended, is hereby amended
to read as follos-
.Art' 11*' $reason. ( Any /ilipino citi#en ho levies ar against the ,hilippines or
adheres to her enemies giving them aid or comfort ithin the ,hilippines or
elsehere, shall be punished by reclusion perpetua to death and shall pay a fine
not to e0ceed 111,111 pesos'

.&o person shall be convicted of treason unless on the testimony of to
itnesses at least to the same overt act or on confession of the accused in open
court'

.2i!eise, an alien, residing in the ,hilippines, ho 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 e0ceed 111,111 pesos'.
Sec' 3' Section 4hree, Chapter 5ne, 4itle 5ne of 6oo! 4o of the same Code is
hereby amended to read as follos-
.Section 4hree' ( ,iracy and mutiny on the high seas
or in the ,hilippine aters

.Art' 1))' #irac in general and mutin on the high seas or in the #hilippine
%aters. ( 4he penalty of reclusion perpetua shall be inflicted upon any person
ho, on the high seas, or in the ,hilippine aters, shall attac! or sei#e a vessel
or, not being a member of its complement nor a passenger, shall sei#e the hole
or part of the cargo of said vessel, its e7uipment or passengers'

4he same penalty shall be inflicted in case of mutiny on the high seas or in the
,hilippine aters'

.Art' 1)3' &ualified pirac. ( 4he penalty of reclusion perpetua to death shall be
imposed upon those ho commit any of the crimes referred to in the preceding
article, under any of the folloing circumstances-

.1' 8henever they have sei#ed a vessel by boarding or firing upon the same;

.)' 8henever the pirates have abandoned their victims ithout means of saving
themselves or;

.3' 8henever the crime is accompanied by murder, homicide, physical in"uries or
rape'.
Sec' *' 4here shall be incorporated after Article )11 of the same Code a ne
article to read as follos-
.Art' )11(A' &ualified 'riber. ( If any public officer is entrusted ith la
enforcement and he refrains from arresting or prosecuting an offender ho has
committed a crime punishable by reclusion perpetua and9or death in
consideration of any offer, promise, gift or present, he shall suffer the penalty for
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the offense hich as not prosecuted'

.If it is the public officer ho as!s or demands such gift or present, he shall suffer
the penalty of death'.
Sec' :' 4he penalty of death for parricide under Article )*; of the same Code is
hereby restored, so that it shall read as follos-
.Art' )*;' #arricide. ( Any person ho shall !ill his father, mother, or child,
hether 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' ;' Article )*< of the same Code is hereby amended to read as follos-
.Art' )*<' (urder. ( Any person ho, not falling ithin the provisions of
Article )*; shall !ill another, shall be guilty of murder and shall be
punished by reclusion perpetua, to death if committed ith any of the
folloing attendant circumstances-
.1' 8ith treachery, ta!ing advantage of superior strength, ith the aid of armed
men, or employing means to ea!en the defense or of means or persons to
insure or afford impunity'

.)' In consideration of a price, reard or promise'

.3' 6y means of inundation, fire, poison, e0plosion, shiprec!, stranding of a
vessel, derailment or assault upon a railroad, fall of an airship, or by means of
motor vehicles, or ith the use of any other means involving great aste and
ruin'

.*' 5n occasion of any of the calamities enumerated in the preceding paragraph,
or of an earth7ua!e, eruption of a volcano, destructive cyclone, epidemic or other
public calamity'

.:' 8ith evident premeditation'

.;' 8ith cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse'.
Sec' =' Article ):: of the same Code is hereby amended to read as follos-
.Art' )::' )nfanticide. ( 4he penalty provided for parricide in Article )*; and for
murder in Article )*< shall be imposed upon any person ho shall !ill any child
less than three days of age'

.If any crime penali#ed 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
maor in its medium and ma0imum 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 la library
Sec' <' Article );= of the same Code is hereby amended to read as follos-
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.Art' );=' *idnapping and serious illegal detention. ( Any private individual ho
shall !idnap 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 !idnapping or detention shall have lasted more than three days'

.)' If it shall have been committed simulating public authority'

.3' If any serious physical in"uries shall have been inflicted upon the person
!idnapped or detained; or if threats to !ill him shall have been made'

.*' If the person !idnapped or detained shall be a minor, e0cept hen the
accused is any of the parents, female or a public officer'
.4he penalty shall be death penalty here the !idnapping or detention as
committed for the purpose of e0torting ransom from the victim or any other
person, even if none of the circumstances above(mentioned ere present in the
commission of the offense'

.8hen the victim is !illed or dies as a conse7uence of the detention or is raped,
or is sub"ected to torture or dehumani#ing acts, the ma0imum penalty shall be
imposed'.
Sec' 9' Article )9* of the same Code is hereby amended to read as follos-
.Art' )9*' Robber %ith violence against or intimidation of persons+ #enalties. (
Any person guilty of robbery ith the use of violence against or intimidation of
any person shall suffer-
.1' 4he penalty of reclusion perpetua to death, hen by reason or on occasion of
the robbery, the crime of homicide shall have been committed, or hen the
robbery shall have been accompanied by rape or intentional mutilation or arson'

.)' 4he penalty of reclusion temporal in its medium period to reclusion perpetua,
hen or if by reason or on occasion of such robbery, any of the physical in"uries
penali#ed in subdivision I of Article );3 shall have been inflicted'

.3' 4he penalty of reclusion temporal, hen by reason or on occasion of the
robbery, any of the physical in"uries penali#ed in subdivision ) of the article
mentioned in the ne0t preceding paragraph, shall have been inflicted'

.*' 4he penalty of prision mayor in its ma0imum 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 hen in the course of its e0ecution, the offender
shall have inflicted upon any person not responsible for its commission any of the
physical in"uries covered by subdivisions 3 and * of said Article );3'

.:' 4he penalty of prision correccional in its ma0imum period to prision maor in
its medium period in other cases'.
Sec' 11' Article 3)1 of the same Code is hereby amended to read as follos-
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.Art' 3)1' "estructive Arson. ( 4he penalty of reclusion perpetua to death shall be
imposed upon any person ho shall burn-
.1' 5ne (1) or more buildings or edifices, conse7uent to one single act of burning,
or as a result of simultaneous burnings, committed on several or different
occasions' chanrobles virtual la library

.)' Any building of public or private onership, devoted to the public in general or
here people usually gather or congregate for a definite purpose such as, but not
limited to, official governmental function or business, private transaction,
commerce trade or!shop, meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels, motels, transient dellings,
public conveyances or stops or terminals, regardless of hether the offender had
!noledge that there are persons in said building or edifice at the time it is set on
fire and regardless also of hether 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'

.*' Any building, factory, arehouse installation and any appurtances thereto,
hich are devoted to the service of public utilities'

.:' Any building the burning of hich is for the purpose of concealing or
destroying evidence of another violation of la, or for the purpose of concealing
ban!ruptcy or defrauding creditors or to collect from insurance'

.Irrespective of the application of the above enumerated 7ualifying
circumstances, the penalty of reclusion perpetua to death shall li!eise be
imposed hen the arson is perpetrated or committed by to ()) or more persons
or by a group of persons, regardless of hether 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 la'
.4he penalty of reclusion perpetua to death shall also be imposed upon any
person ho shall burn-
.1' Any arsenal, shipyard, storehouse or military poder or fireor!s factory,
ordnance, storehouse, archives or general museum of the %overnment'

.)' In an inhabited place, any storehouse or factory of inflammable or e0plosive
materials'
.If as a conse7uence of the commission of any of the acts penali#ed under this
Article, death results, the mandatory penalty of death shall be imposed'.
Sec' 11' Article 33: of the same Code is hereby amended to read as follos-
.Art' 33:' When and ho% rape is committed. ( +ape is committed by having
carnal !noledge of a oman under any of the folloing circumstances-
.1' 6y using force or intimidation;

.)' 8hen the oman is deprived of reason or otherise unconscious; and
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.3' 8hen the oman is under telve years of age or is demented'
.4he crime of rape shall be punished by reclusion perpetua.

.8henever the crime of rape is committed ith the use of a deadly eapon or by
to or more persons, the penalty shall be reclusion perpetua to death'

.8hen by reason or on the occasion of the rape, the victim has become insane,
the penalty shall be death'

.8hen 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'

.4he death penalty shall also be imposed it the crime of rape is committed ith
any of the folloing attendant circumstances-
.1' hen the victim is under eighteen (1<) years of age and the offender is a
parent, ascendant, step(parent, guardian, relative by consanguinity or affinity
ithin the third civil degree, or the common(la(spouse of the parent of the
victim'

.)' hen the victim is under the custody of the police or military authorities'

.3' hen the rape is committed in full vie of the husband, parent, any of the
children or other relatives ithin the third degree of consanguinity'

.*' hen the victim is a religious or a child belo seven (=) years old'

.:' hen the offender !nos that he is afflicted ith Ac7uired Immune >eficiency
Syndrome (AI>S) disease' chanrobles virtual la library

.;' hen committed by any member of the Armed /orces of the ,hilippines or the
,hilippine &ational ,olice or any la enforcement agency'

.=' hen by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation'.
Sec' 1)' Section ) of +epublic Act &o' =1<1 (An Act >efining and ,enali#ing the
Crime of ,lunder) is hereby amended to read as follos-
.Sec' )' "efinition of the !rime of #lunder+ #enalties. ( Any public officer ho, by
himself or in connivance ith members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons, amasses,
accumulates or ac7uires ill(gotten ealth 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 /ifty million pesos (,:1,111,111'11) shall be guilty of the
crime of plunder and shall be punished by reclusion perpetua to death' Any
person ho participated ith the said public officer in the commission of an
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offense contributing to the crime of plunder shall li!eise be punished for such
offense' In the imposition of penalties, the degree of participation and the
attendance of mitigating and e0tenuating circumstances, as provided by the
+evised ,enal Code, shall be considered by the court' 4he court shall declare
any and all ill(gotten ealth and their interests and other incomes and assets
including the properties and shares of stoc!s derived from the deposit or
investment thereof forfeited in favor of the State'.
Sec' 13' Sections 3, *, :, ;, =, < and 9, of Article II of +epublic Act &o' ;*):, as
amended, !non as the >angerous >rugs Act 19=), are hereby amended to
read as follos-
.Sec' 3' )mportation of #rohibited "rugs. ( 4he 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 ho, unless authori#ed by la, shall import or
bring into the ,hilippines any prohibited drug'
.Sec' *' Sale, Administration, "eliver, "istribution and $ransportation of
#rohibited "rugs. ( 4he penalty of reclusion perpetua to death and a fine from
five hundred thousand pesos to ten million pesos shall be imposed upon any
person ho, unless authori#ed by la, shall sell, administer, deliver, give aay to
another, distribute, dispatch in transit or transport any prohibited drug, or shall act
as a bro!er in any of such transactions'
.&otithstanding the provisions of Section )1 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 pro0imate cause of the death of a victim
thereof, the ma0imum penalty herein provided shall be imposed'
.Sec' :' (aintenance of a "en, "ive or Resort for #rohibited "rug ,sers. ( 4he
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 ho shall maintain a den, dive or resort here any prohibited drug is
used in any form or here such prohibited drugs in 7uantities specified in Section
)1, ,aragraph 1 of this Act are found'
.&otithstanding the provisions of Section )1 of this Act to the contrary, the
ma0imum of the penalty shall be imposed in every case here a prohibited drug
is administered, delivered or sold to a minor ho is alloed to use the same in
such place'

.Should a prohibited drug be the pro0imate cause of the death of a person using
the same in such den, dive or resort, the ma0imum penalty herein provided shall
be imposed on the maintainer notithstanding the provisions of Section )1 of this
Act to the contrary'
.Sec' =' (anufacture of #rohibited "rug. ( 4he penalty of reclusion perpetua to
death and fine ranging from five hundred thousand pesos to ten million pesos
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shall be imposed upon any person ho, unless authori#ed by la, shall engage
in the manufacture of any prohibited drug'
.Sec' <' #ossession or ,se of #rohibited "rugs. ( 4he 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 ho, unless authori#ed by la,
shall possess or use any prohibited drug sub"ect to the provisions of Section )1
hereof'
.Sec' 9' !ultivation of #lants %hich are Sources of #rohibited "rugs. ( 4he
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 ho shall
plant, cultivate or culture any medium Indian hemp, opium poppy (papaver
somniferum), or any other plant hich is or may hereafter be classified as
dangerous drug or from hich any dangerous drug may be manufactured or
derived'

.4he land or portions hereof, and9or greenhouses on hich any of said plants is
cultivated or cultured shall be confiscated and escheated to the State, unless the
oner thereof can prove that he did not !no such cultivation or culture despite
the e0ercise of due diligence on his part'

.If the land involved in is part of the public domain, the ma0imum of the penalties
herein provided shall be imposed upon the offender'.
Sec' 1*' Sections 1*, 1*(A, and 1: of Article III of +epublic Act &o' ;*):, as
amended, !non as the >angerous >rugs Act of 19=), are hereby amended to
read as follos-
.Sec' 1*' )mportation of Regulated "rugs. ( 4he 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 ho, unless authori#ed by la, shall import or
bring any regulated drug in the ,hilippines'

.Sec' 1*(A' (anufacture of Regulated "rugs. ( 4he 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 ho, unless authori#ed by la, shall
engage in the manufacture of any regulated drug'

.Sec' 1:' Sale, Administration, "ispensation, "eliver, $ransportation and
"istribution of Regulated "rugs. ( 4he 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 ho, unless authori#ed by la, shall sell, dispense,
deliver, transport or distribute any regulated drug'

.&otithstanding the provisions of Section )1 of this Act to the contrary, if the
victim of the offense is a minor, or should a regulated drug involved in any
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offense under this Section be the pro0imate cause of the death of a victim
thereof, the ma0imum penalty herein provided shall be imposed'.chanrobles
virtual la library
Sec' 1:' 4here shall be incorporated after Section 1: of Article III of +epublic Act
&o' ;*):, as amended, !non as the >angerous >rug Act of 19=), a ne
section to read as follos-
.Sec' 1:(a' (aintenance of a den, dive or resort for regulated drug users. (
4he 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 ho shall maintain a den, dive or resort here
any regulated drugs is used in any form, or here such regulated drugs in
7uantities specified in Section )1, paragraph 1 of this Act are found'

.&otithstanding the provisions of Section )1 of this Act to the contrary,
the ma0imum penalty herein provided shall be imposed in every case
here a regulated drug is administered, delivered or sold to a minor ho
is alloed to use the same in such place'

.Should a regulated drug be the pro0imate cause of the death of a person
using the same in such den, dive or resort, the ma0imum penalty herein
provided shall be imposed on the maintainer notithstanding the
provisions of Section )1 of this Act to the contrary'.
Sec' 1;' Section 1; of Article III of +epublic Act &o' ;*):, as amended, !non
as the >angerous >rugs Act &o' ;*):, is amended to read as follos-
.Sec' 1;' #ossession or ,se of Regulated "rugs. ( 4he 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 ho shall possess or use any
regulated drug ithout the corresponding license or prescription, sub"ect to the
provisions of Section )1 hereof'
Sec' 1=' Section )1, Article I? of +epublic Act &o' ;*):, as amended, !non as
the >angerous >rugs Act of 19=), is hereby amended to read as follos-
.Sec' )1' Application of #enalties, !onfiscation and -orfeiture of the
#roceeds or )nstruments of the !rime. ( 4he penalties for offenses under
Section 3, *, =, < and 9 of Article II and Sections 1*, 1*(A, 1: and 1; of
Article III of this Act shall be applied if the dangerous drugs involved is in
any of the folloing 7uantities-

1' *1 grams or more of opium;

)' *1 grams or more of morphine;

3' )11 grams or more of shabu or methylamphetamine hydrochloride;

*' *1 grams or more of heroin;

:' =:1 grams or more of indian hemp or mari"uana;
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;' :1 grams or more of mari"uana resin or mari"uana resin oil;

=' *1 grams or more of cocaine or cocaine hydrochloride; or

<' In the case of other dangerous drugs, the 7uantity of hich is far
beyond therapeutic re7uirements, as determined and promulgated by the
>angerous >rugs 6oard, after public consultations9hearings conducted for
the purpose'

.5therise, if the 7uantity involved is less than the foregoing 7uantities,
the penalty shall range from prision correccional to reclusion perpetua
depending upon the 7uantity'
.@very penalty imposed for the unlaful importation, sale, administration,
delivery, transportation or manufacture of dangerous drugs, the cultivation
of plants hich are sources of dangerous drugs and the possession of any
opium pipe and other paraphernalia for dangerous drugs shall carry ith it
the confiscation and forfeiture, in favor of the %overnment, of all the
proceeds of the crime including but not limited to money and other
obtained thereby and the instruments or tools ith hich it as committed,
unless they are the property of a third person not liable for the offense, but
those hich are not of laful commerce shall be ordered destroyed
ithout delay' >angerous drugs and plant sources of such drugs as ell
as the proceeds or instruments of the crime so confiscated and forfeited in
favor of the %overnment shall be turned over to the 6oard for proper
disposal ithout delay'
.Any apprehending or arresting officer ho misappropriates or misapplies
or fails to account for sei#ed 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' 1<' 4here shall be incorporated after Section )1 of +epublic Act &o' ;*):,
as amended, !non as the >angerous >rugs Act of 19=), a ne section to read
as follos-
.Sec' )1(A' #lea.bargaining #rovisions. ( Any person charged under any
provision of this Act here the imposable penalty is reclusion perpetua to death
shall not be alloed to avail of the provision on plea bargaining'.
Sec' 19' Section )* of +epublic Act &o' ;*):, as amended, !non as the
>angerous >rugs Act of 19=), is hereby amended to read as follos-
.Sec' )*' #enalties for /overnment 0fficial and Emploees and 0fficers and
(embers of #olice Agencies and the Armed -orces, 1#lanting1 of Evidence. ( 4he
ma0imum penalties provided for Section 3, *(1), :(1), ;, =, <, 9, 11, 1) and 13 of
Article II and Sections 1*, 1*(A, 1:(1), 1; 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
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forces'

.Any such above government official, employee or officer ho is found guilty of
.planting. any dangerous drugs punished in Sections 3, *, =, <, 9 and 13 of
Article II and Sections 1*, 1*(A, 1: and 1; 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' )1' Sec' 1* of +epublic Act &o' ;:39, as amended, !non as the Anti(
Carnapping Act of 19=), is hereby amended to read as follos-
.Sec' 1*' #enalt for !arnapping. ( Any person ho is found guilty of
carnapping, as this term is defined in Section 4o of this Act, shall, irrespective
of the value of motor vehicle ta!en, be punished by imprisonment for not less
than fourteen years and eight months and not more than seventeen years and
four months, hen the carnapping is committed ithout 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, hen 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 hen the oner, driver or occupant of the carnapped motor vehicle
is !illed or raped in the course of the commission of the carnapping or on the
occasion thereof'.
Sec' )1' Article )= of the +evised ,enal Code, as amended, is hereby amended
to read as follos-
.Art' )=' Reclusion perpetua. ( 4he penalty of reclusion perpetua shall be from
tenty years and one day to forty years' chanrobles virtual la library

.Reclusion temporal. ( 4he penalty of reclusion temporal shall be from telve
years and one day to tenty years'
,rision mayor and temporary dis7ualification' ( 4he duration of the penalties of
prision mayor and temporary dis7ualification shall be from si0 years and one day
to telve years, e0cept hen the penalty of dis7ualification is imposed as an
accessory penalty, in hich case, it shall be that of the principal penalty'

"#rision correccional, suspension, and destierro. ( 4he duration of the penalties
of prision correccional, suspension, and destierro shall be from si0 months and
one day to si0 years, e0cept hen the suspension is imposed as an accessory
penalty, in hich case, its duration shall be that of the principal penalty'

Arresto maor. ( 4he duration of the penalty of arresto mayor shall be from one
month and one day to si0 months'

Arresto menor. ( 4he duration of the penalty of arresto menor shall be from one
day to thirty days'

'ond to 2eep the peace. ( 4he bond to !eep the peace shall be re7uired to cover
such period of time as the court may determine'.
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Sec' ))' Article *= of the same Code is hereby amended to read as follos-
.Art' *=' )n %hat cases the death penalt shall not be imposed+ Automatic revie%
of the "eath #enalt !ases. ( 4he death penalty shall be imposed in all cases in
hich it must be imposed under e0isting las, e0cept hen the guilty person is
belo eighteen (1<) years of age at the time of the commission of the crime or is
more than seventy years of age or hen upon appeal or automatic revie of the
case by the Supreme Court, the re7uired ma"ority vote is not obtained for the
imposition of the death penalty, in hich cases the penalty shall be reclusion
perpetua'

.In all cases here the death penalty is imposed by the trial court, the records
shall be forarded to the Supreme Court for automatic revie and "udgment by
the Court en banc, ithin tenty ()1) days but not earlier than fifteen (1:) days
after promulgation of the "udgment or notice of denial of any motion for ne trial
or reconsideration' 4he transcript shall also be forarded ithin ten (11) days
from the filing thereof by the stenographic reporter'.
Sec' )3' Article ;) of the same Code, as amended, is hereby amended to read
as follos-
.Art' ;)' Effects of the attendance of mitigating or aggravating circumstances and
of habitual delin3uenc. ( Aitigating or aggravating circumstances and habitual
delin7uency shall be ta!en into account for the purpose of diminishing or
increasing the penalty in conformity ith the folloing rules-
.1' Aggravating circumstances hich in themselves constitute a crime specially
punishable by la or hich are included by the la in defining a crime and
prescribing the penalty therefor shall not be ta!en into account for the purpose of
increasing the penalty'

.1(a)' 8hen in the commission of the crime, advantage as ta!en by the
offender of his public position, the penalty to be imposed shall be in its ma0imum
regardless of mitigating circumstances' chanrobles virtual la library

.4he ma0imum penalty shall be imposed if the offense as committed by any
group ho belongs to an organi#ed9syndicated crime group'

.An organi#ed9syndicated crime group means a group of to or more persons
collaborating, confederating or mutually helping one another for purposes of gain
in the commission of any crime'
.)' 4he same rule shall apply ith 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 hich arise from the moral attributes
of the offender, or from his private relations ith the offended party, of from any
other personal cause, shall only serve to aggravate or mitigate the liability of the
12
principals, accomplices and accessories as to hom such circumstances are
attendant'
.*' 4he circumstances hich consist in the material e0ecution of the act, or in the
means employed to accomplish it, shall serve to aggravate or mitigate the liability
of those persons only ho had !noledge of them at the time of the e0ecution of
the act or their cooperation therein'
.:' Babitual delin7uency shall have the folloing effects-
.(a) Cpon a third conviction the culprit shall be sentenced to the penalty provided
by la for the last crime of hich he be found guilty and to the additional penalty
of prision correccional in its medium and ma0imum periods;

.(b) Cpon a fourth conviction, the culprit shall be sentenced to the penalty
provided for the last crime or hich he be found guilty and to the additional
penalty of prision mayor in its minimum and medium periods; and

.(c) Cpon a fifth or additional conviction, the culprit shall be sentenced to the
penalty provided for the last crime of hich he be found guilty and to the
additional penalty of prision maor in its ma0imum period to reclusion temporal in
its minimum period'
.&otithstanding the provisions of this article, the total of the to penalties to be
imposed upon the offender, in conformity hereith, shall in no case e0ceed 31
years'

./or purposes of this article, a person shall be deemed to be a habitual
delin7uent, if ithin a period of ten years from the date of his release or last
conviction of the crimes of serious or less serious physical in"uries, robo, hurto,
estafa or falsification, he is found guilty of any of said crimes a third time or
oftener'.
Sec' )*' Article <1 of the same Code, as amended, is hereby amended to read
as follos-
.Art' <1' When and ho% the death penalt is to be executed. ( 4he death
sentence shall be e0ecuted ith preference to any other and shall consist in
putting the person under sentence to death by electrocution' 4he death
sentence shall be e0ecuted under the authority of the >irector of ,risons,
endeavoring so far as possible to mitigate the sufferings of the person under the
sentence during electrocution as ell as during the proceedings prior to the
e0ecution'chanrobles virtual la library

.If the person under sentence so desires, he shall be anaesthesi#ed at the
moment of the e0ecution'

.As soon as facilities are provided by the 6ureau of ,risons, the method of
carrying out the sentence shall be changed to gas poisoning'
13

.4he death sentence shall be carried out not later than one (1) year after the
"udgment has become final'.
Sec' ):' Article <3 of the same Code is hereby amended to read as follos-
.Art' <3' Suspension of the execution of the death sentence. ( 4he death
sentence shall not be inflicted upon a oman hile she is pregnant or ithin 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 ith the accessory penalties provided in Article *1'

.In all cases here the death sentence has become final, the records of the case
shall be forarded immediately by the Supreme Court to the 5ffice of the
,resident for possible e0ercise of the pardoning poer'.
Sec' );' All las, presidential decrees and issuances, e0ecutive orders, rules
and regulations or parts thereof inconsistent ith the provisions of this Act are
hereby repealed or modified accordingly'
Sec' )=' 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 hich
are not affected thereby shall continue to be in full force and effect'
Sec' )<' 4his Act shall ta!e effect fifteen (1:) days after its publication in to ())
national nespapers of general circulation' 4he publication shall not be later
than seven (=) days after the approval hereof' chanrobles virtual la library

Approved4 >ecember 13, 1993


14
II. JURISPRUDENCE
G.R. No. 120549 May 6, 1997
PEOPLE OF THE PHILIPPINES, !a"#$"%%&a'!!'',
().
ENRI*UITO UN+RCE, a,,-)'.&a'!!a#$.
R E S O L U T I O N
MELO, J.:p
There is seei!"#$ %! err&r i! &'r (e)isi&! &* +pri# 4, 1997 ,hi)h -e%rs &!
.he ip&s%-#e pe!%#.$.
Rep'-#i) +). N&. 7659, .he #%, re/ip&si!" .he (e%.h pe!%#.$, sh&'#( !&.
h%0e -ee! %pp#ie( *&r s%i( s.%.'.e .&&1 e**e). &!#$ &! 2e)e-er 31, 1993,
,hi#e .he )rie &* 'r(er herei! i!0&#0e( ,%s )&i..e( &! N&0e-er 16,
1992.
The 3&'r. .h's &.' pr&pri& )&rre).s i.se#* -$ &(i*$i!" .he #%s. p%r%"r%ph
%!( .he (isp&si.i0e p&r.i&! &* .he (e)isi&! (%.e( +pri# 4, 1997, .& re%(:
3&!si(eri!" .h%. .he )rie &* 'r(er ,%s )&i..e( &! N&0e-er 16,
1992, Rep'-#i) +). N&. 7659, 4+! +). T& Ip&se The 2e%.h 5e!%#.$ O!
3er.%i! 6ei!&'s 3ries, +e!(i!" 7&r Th%. 5'rp&se The Re0ise( 5e!%#
3&(e, +s +e!(e(, O.her Spe)i%# 5e!%# L%,s, +!( 7&r O.her 5'rp&ses4,
,hi)h ,%s e!%).e( &! 2e)e-er 31, 1993, (&es !&. %pp#$. The %pp#i)%-#e
#e"%# pr&0isi&! is +r.i)#e 248 &* .he Re0ise( 5e!%# 3&(e, -e*&re i.s #%.es.
%e!(e!. ,hi)h ip&se( .he pe!%#.$ &* re)#'si&! .ep&r%# i! i.s
%8i' peri&( .& (e%.h *&r .he )rie &* 'r(er.
15
I! 0ie, &* .he prese!)e &* .he i.i"%.i!" )ir)'s.%!)e &* 0&#'!.%r$
s'rre!(er, .he pr&per pe!%#.$ is re)#'si&! .ep&r%# i! i.s %8i' peri&(
,hi)h is .he i!i' peri&( &* .he pres)ri-e( pe!%#.$ &* re)#'si&! .ep&r%#
%8i' .& (e%.h i! )&!*&ri.$ ,i.h s%i( +r.i)#e 248, -e*&re i.s
%e!(e!., i! re#%.i&! .& +r.i)#e 6492:.
+pp#$i!" .he I!(e.eri!%.e Se!.e!)e L%,, .he ip&s%-#e pe!%#.$ is %!
i!(e.eri!%.e se!.e!)e ,i.hi! .he r%!"e &* prisi&! %$&r i! i.s %8i'
peri&(, %s .he i!i', .& re)#'si&! .ep&r%# i! i.s %8i' peri&(, %s .he
%8i', 95e&p#e 0s. S%r&#, 139 S3R+ 125 ;1985<:.
=6ERE7ORE, .he (e)isi&! %ppe%#e( *r& is here-$ MO2I7IE2, %!(
%))'se(/%ppe##%!. is here-$ se!.e!)e( .& s'**er .he i!(e.eri!%.e pe!%#.$ &*
.e! 910: $e%rs %!( &!e 91: (%$ &* prisi&! %$&r, %s i!i', .& se0e!.ee!
917: $e%rs, *&'r 94: &!.hs, %!( &!e 91: (%$ &* re)#'si&! .ep&r%#, %s
%8i' 95e&p#e 0s. S%r&#, s'pr%:.
3&s. %"%i!s. %ppe##%!..
SO OR2ERE2.
N%r0%s%, 3.J., 2%0i(e, Jr., 7r%!)is)& %!( 5%!"%!i-%!, JJ., )&!)'r.
16
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