Wednesday, October 18, 2017

House to overhaul the obsolete penal code - By Cecilio Arillo - October 16, 2017



See - https://businessmirror.com.ph/house-to-overhaul-the-obsolete-penal-code/


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THE House Committee on Justice chaired by Rep. Reynaldo V. Umali of the Second District of Oriental Mindoro has sought the immediate passage of House Bill (HB) 6204 meant to make the obsolete Revised Penal Code (RPC) responsive to the country’s worsening crime situation.

“The present code was based on the Spanish Codigo Penal, which was enforced in the Philippines beginning in 1896. Today, so many years have elapsed, but no amendments or revisions were made,” Umali lamented.

He explained that, eight decades after, special penal laws proliferated in the Philippines, resulting in legal complications that make the task even more burdensome to restructure, or integrate it into one efficient code.

“We can hardly keep track of the exact number of penal laws that we have, and there is difficulty in determining which law or laws are to be used to prosecute a particular criminal conduct,” Umali, himself a lawyer, said.

The measure, also coauthored by Speaker Pantaleon D. Alvarez, Majority Leader Rodolfo C. FariƱas Sr. and Reps. Marlyn Primicias-Agabas of the Sixth District of Pangasinan and Ramon Rocamora of the Lone District of Siquijor, is likewise intended to incorporate all other special penal laws into a single criminal code.

These include:

Updating and revising existing penal laws to make them relevant in accordance with current international best practices;
Integrating special laws in order to have one code for all criminal laws;
Strengthening the criminal justice system through relevant laws to address present societal problems; and
Ensuring that there will be a single and unified criminal code, taking into consideration future laws to be passed.

Umali pointed out the importance of the speedy passage of the proposed Philippine Code of Crimes, which, he said, will consolidate and update the RPC and other special penal laws into a single penal code to make it more responsive to the reforms needed in the country’s criminal justice system.

According to Umali, the RPC contains antiquated provisions that punish crimes that are no longer relevant. He added that some of the penalties and punishments have already become ineffective.

“Congress is a very good venue for us to undertake reforms in the criminal justice system. Through Congress, we will have a better access to all stakeholders involved,” he said.

HB 6204 covers Book 1 of the RPC, which is the result of the initiative of the Code of Crimes Committee spearheaded by the Institute of Government and Law Reform (IGLR) of the UP Law Center.

The UP Law Center, through the IGLR, constituted the Code of Crimes Committee composed of criminal-law experts, members of the bench and House members Umali, Primicias-Agabas and Rocamora.
“When I learned that they have already completed Book 1, and some titles and chapters in Book 2 are either complete, almost complete or just undergoing some refinements, I proposed that Congress should proceed to tackle HB 6204, the Book 1 of the Code of Crimes, which was recently referred to the committee to allow the creation of the special technical working groups that would continue to work on the unfinished business of the UP [University of the Philippines] Law Center,” Umali said.

“This is a common undertaking with the Integrated Bar of the Philippines for the rolling out of this new code of crimes,” Umali added.

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