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    14 views5 pages

    HB05170 PDF

    Uploaded by

    Alimozaman Diamla

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Republic of :he Philippines HOUSE OF REPRESENTATIVES Quezon City, Metro Manila Sixteenth Congress Second Regilar Session House BillNo_ 5.179 Introduced by AKBAYAN Representatives Ibarra “Barry” M. Gutierez III and Walden F. Bello EXPLANATORY NOTE, Act No. 3815 or old Penal Code which was, in turn, based on the 1870 Cadigo Penal dt Espana. Theft was Revised Penal Code of th Philippines was enacted in 1932 replacing the rewritten in the Rented Penal Code and is defined as an act “commited by any person who, with intent to gain but without violence against, of intimidation of persons nor force upon things, shall take personal property of anothst without the latter’s consent” The penalty for the crime of theft is generilly dependent on the corresponding value of the personal property stolen. For example, and according to Article 309 of the Revised Peal Code, when the value of the thing stolen exceeds 102,000 pesos the imposable penalty is imprisonment for twenty (20) years. Other offenses which punish unlawful taking are defined in the Revised Penal Code (For example, robbery) and by other special peral laws (for example, plundet). A comparison of the imposable penalties for theft and for crimes of similar but graver nature would show that those for theft are heavier. Take the case of plunder, which is defined in Section 2 of Republic Act No. 7080 as: “Sestion 2. Definition of the crive of plunder: penalties —Any public officer who, by himself or in connivance with membets of his family, relative by affincy or consanguinity, business associates, subordinates 2r other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) heteof in the agetepate amount of total value of at least fifty million pesos shall be guilty of the crime of plunder and shall be punished by reciision perpetua to death ‘Therefore, while a private individual who ecmmits unlawfal taking of property amounting to 102,000 pesos will have to endure twenty (20) yeats of imprisonment, a public official, who is given greater responsibility to uphold the laws of the land, will only be liable for plaadcr if the total value of public funds unlawfully taken amounts to 50,000,000 million pesos. ‘There is a need to adjust the penalties for theit wo rationalize its penalty in relation to crimes of similar nature, and to ensure that imposable penalties are fair and just. Moreover, having been set more than eighty years ago, the scale of penslties provided in Article 309 of the Revised Penal Cade for theft must be revised to attune to changing times. In view of the foregoing, immediate approval of this measure is, therefore, eamestly sought. Wal IBARRA “BARRY” M. GUTIERREZ III WALDEN F. BELLO 10 12 13 it 15 16 7 18, 19 20 at Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City, Metro Manila Sixteenth Congress Second Regelar Session House Bill No. 5179 Introduced by AKBAYAN Representatives Ibarra “Barry” M. Guticsrez III and Walden F. Bello AN ACT. AMENDING ARTICLES 309 AND 31 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE “REVISED PENAL CODE OF THE PHILIP?INES” Be it enacted by the Senats and Hlouse of Representatives ofthe Philippines in Congrss ascembhes SECTION L. Amendatory provisions — (@) Anticle 309 of Act No. 3815, as amended, otherwise known as the Revised Penal Code is hereby amended to read as follows: “Article 309. Penattor punished by: “Any person guilty of theft shall be 1. The penalty of patdemmayer bain arrescional in its minienum and medium periods, if the vilue of the thing stolen i-mene hae 12000-pesne does not exceed 22.060 507,000 pesos: but if the value of the thing stclen exceeds the-tatter-ammerse 300,000 pesos, the penalty shall be the medium and maximum periods of the-one-prosesibed-in-this-paragraph sion comedioual

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