JAN 20, 2016

NR # 4085B

Proposed Reformative Justice Indexation Act awaits Senate Ok

Authors of the proposed Reformative Justice Indexation Act, as contained in HB
6180, are confident the Senate would finally give its green light before the term of the 16 th
Congress ends.
HB 6180, approved by the House of Representatives in October last year, was in
substitution to HB 5581 principally authored by Rep. Niel C. Tupas, Jr., chairman of the
sponsor-Committee on Justice.
The proposed law is entitled An Act adjusting the amounts or the value of property
on which a penalty is based, and the fines imposed under the Revised Penal Code,
amending for the purpose Act No. 3815, otherwise known as The Revised Penal Code,
as amended.
This measure seeks to modify the range of penalties found in the Code that are
based on the value of money or property subject of the crime, or on the pecuniary value of
damage done, as well as the fines imposed for offenses therein, in such a way that the
penalties and fines for such crimes would be commensurate to the offense committed,
taking into account inflation and other economic factors that have drastically changed
since the enactment of the Code in 1930, Chairman Tupas explained.
Other principal authors of the substitute measure transmitted to the Senate include:
Reps. Rodolfo C. Farias; Evelina G. Escudero; Regina O. Reyes; Oscar S. Rodriguez;
Susan A. Yap; Silvestre H. Bello III; Nicasio M. Aliping, Jr.; Pablo Nava III; Xavier Jesus
D. Romualdo; and Victoria G. Noel.
Under HB 6180, Article 9 of the RPC is amended (proposed amendments in big
bold letters) to read as follows: Art. 9. xxx xxx xxx Light felonies are those infractions
of law for the commission of which a penalty of arresto menor or a fine not exceeding
(200) FORTY THOUSAND pesos (P40,000) or both is provided.
Article 26 of the RPC is amended to read as follows: Art. 26. When afflicted,
correctional, or light penalty. A fine, whether imposed as a single or as an alternative
penalty, shall be considered an afflicted penalty, if it exceeds (6,000) ONE MILLION
TWO HUNDRED THOUSAND pesos (P1,200,000); a correctional penalty, if it does not
exceed (6,000) ONE MILLION TWO HUNDRED THOUSAND pesos (P1,200,000)
but is not less than (200) FORTY THOUSAND pesos (P40,000), and a light penalty if it
is less than (200) FORTY THOUSAND pesos (P40,000).
Article 39 is also amended to read: Art. 39. Subsidiary Penalty. -- If the convict
has no property with which to meet the fine mentioned in paragraph 3 of the next

preceding article, he shall be subject to a subsidiary personal liability at the rate of one day
for (each amount equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgement by the trial court) EVERY FIVE
HUNDRED PESOS (P500) subject to the following rules (no change in rules): xxxxx
Likewise, Article 114 of the same Act, as amended by RA 7659, is hereby further
amended to read as follows: Art. 114. Treason. Any Filipino citizen who levies was
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 (P100,000) FOUR MILLION pesos (P4,000,000).
xxxxx xxxx Likewise, an alien, residing in the Philippines, who commits acts of
treason as defined in paragraph I of this Article shall be punished by reclusion temporal to
death and shall pay a fine not to exceed (P100,000) FOUR MILLION pesos
(P4,000,000).
Article 115 is also proposed to be amended to read as follows: ART. 115.
Conspiracy and proposal to commit treason; Penalty. The conspiracy or proposal to
commit the crime of treason shall be punished respectively, by prision mayor and a fine
not exceeding (P10,000) TWO MILLION pesos (P2,000,000), and prision correctional
and a fine not exceeding (P5,000) ONE MILLION pesos (P1,000,000).
Also proposed to be amended under HB 6180, taking into account inflation rate at
the time of rendition of judgement include: Articles 129; 136; 140; 147; 148; 149; 150;
151; 153; 154; 155; 163; 164; 166; 167; 170; 171; 172; 174; 176; 178; 180; 181; 187;
201; 202; 209; 213; 215; 216; 217; 219; 219; 221; 226; 227; 228; 229; 230; 231; 233;
234; 235; 236; 237; 239; 242; 243; 244; 259; 265; 266; 268; 269; 271; 276; 277; 278;
280; 281; 282; 285; 286; 287;288; 289; 290; 291; 292; 299; 302; 309; 311; 312; 315;
318; 321; 322; 323; 328; 329; 331; 347; 355; 356; 358; 359; 364; and 365.
The bill adjusted the fines and amounts involved using the following formula:
Amount in RPC/(divided by) 2.5 x (times) 500 OR Amount in RPC x 200, where 2.5
was the prevailing minimum wage in 1932 and 500 is the rounded up prevailing minimum
wage as of 2015.
The bill proposes the use of the general formula (Amount in RPC x 200) for crimes
against national security, crimes against the fundamental laws of the State, crimes against
public order, crimes against public interest and crimes committed by public officers.
For crimes under other titles of the RPC, the amounts were multiplied by 100 (1/2
of minimum wage), based on the principles of restorable justice, the authors said. (30) dpt