, 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;
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 seas
or 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."
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 law
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.
"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.
More on Philippines law:
