SENATE President Pro Tempore Franklin M. Drilon on Wednesday moved to amend the 85-year-old Revised Penal Code (RPC), asserting early passage of remedial legislation would “prevent the imposition of cruel and excessive punishment” that violates the Constitution’s Bill of Rights.
In prodding Congress to fast-track approval of Senate Bill 14, Drilon proposed to amend antiquated penal provisions in the Code set way back in 1932.
“The bill amends the RPC provisions that penalize crimes considered petty today with inordinately long prison sentences and excessive fines,” Drilon said.
He cited, for instance, “qualified theft by a kasambahay of a sack of rice that costs P370 today will merit the penalty of reclusion temporal, with an imprisonment ranging from 12 years and one day to 17 years and 4 months, because the penalties are based on 1932 values.”
A former secretary of Justice, Drilon recalled even the Supreme Court (SC), in the case of Lito Corpuz vs People of the Philippines, “took notice of this injustice brought about by the range of penalties the courts continue to impose on crimes against property committed today, based on the value of money 85 years ago.”
The senator voiced hopes the remedial legislation would be “treated with urgency and passed expeditiously” to prevent an “injustice.”
“We truly believe the threat of injustice created by an outdated instrument of justice is real, and thus, requires immediate legislative action,” Drilon said.
He said since the SC , on its own, cannot adjust the outdated values set forth in the RPC without committing judicial legislation, “the High Court called on Congress to realign the Revised Penal Code with the goals for its passage and take into consideration the changed conditions since the law’s enactment.”
Drilon explained the initiative “responds to the call of our coequal branch for legislature to wield our power in not only promoting justice but also preventing injustice by ensuring the proportionality of crime and punishment, and adjusting the amounts stipulated in various provisions of the RPC to their present values.”
He said that, since the bill also seeks to adjust the value of fines, its passage means the P5 fine that can be imposed under the present law will be increased to P1,000, while the P22,000 maximum fine will be increased to P4.4 million.
“For instance, under the bill, a person who commits treason can be fined a maximum amount of P4 million instead of P20,000,” the senator said.
The senator suggested in cases of conspiracy and proposal to commit coup d’état, rebellion or insurrection, the maximum imposable fine will be increased to P1.6 million from P8,000; for maltreatment of prisoners, it will be P100,000 instead of P500; for unlawful arrest, it will become P100,000 from P500; for indirect assault, the maximum imposable fine will be P100,000, from P500; and for falsification by private individuals and use of falsified documents, it will be P1 million, from P5,000.
Drilon disclosed plans to submit a committee report for plenary approval within the month, hoping the Senate bill “can be enacted before the Senate adjourns in June.”