EIGHTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHIUPPINES )First Regular Session )

-err?.-

SENATE

ci iljf fe rrr .ta rv

•19 JUL25 Ml iH

Introduced by SENATOR LEILA M. DE LIMA

AN ACTAM ENDING ARTICLE 14 OF TH E REVISED PENAL CODE TO ADD, AS

AN AGGRAVATING CIRCUMSTANCE, TH E CRIM E HAVING BEEN COMMITT ED AGAINST LAWYERS AND JU STIC E SECTOR OFFICIALS

EXPLANATORY NOTE

Article II, Section 5 of the Constitution declares that “[t]he maintenance of

peace and order, the protection of life, libeily, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of

democracy”.

We are a nation governed by the rule of law. This principle is based on our values which state that power is not lodged on any individual ruler but on the people

and on the law. As such the effective and efficient management of justice is paramount

to our way of life.

The courts and the lawyers are the ones tasked to ensure that justice is done. In the process, they place themselves in harm ’s way against people who means to subvert

justice.

The Basic Principles on the Role of Lawyers adopted by the Eighth United

Nations Congress on the Prevention of Crime and the Treatment of Offenders,

provides:

“G u a ra n te e s fo r th e fu n c tio n in g o f law y ers

16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and

(c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.”

In recent years, there has been a spate of killings against members of the legal profession which should call our government to action to send a clear message against

offenders who specifically target lawyers and court officials.

Alternative Law Journal reported 114 legal professionals were killed between 01

January 1999 and October 2014 - four were Judges, eight were Prosecutors and the

rest were lawyers.1

This administration alone, at least 40 judges, prosecutors, and lawyers have

been killed. Of this total, 9 were prosecutors, one was an assistant prosecutor and five were judges. According to a news report, almost half were gunned dowTi by

unidentified men.2 3 4

Last March 2019, an international delegation composed of lawyers from

Belgium, Italy, Japan, Korea, the Netherlands and the United States visited the

country to investigate on the killing of lawyers since President Rodrigo Roa Duterte

assumed office by interviewing survivors, victims’ relatives, government agencies and

prosecutors. Their full report will be ultimately submitted to the United Nations

Human Rights Council, International Criminal Court and other international organizations.3

Attacks against legal professionals, as in human rights defenders, journalists and activists, continue to be common practice because suspects “are rarely caught.” 4

1 A lte r n a t iv e L a w J o u rn a l. R e tr ie v e d f r o m h t tp : / /w w w .a l t l i .o r e /n e w s - a n d - v ie w s / th e - la s t - w o r d /8 3 3 - a t ta c k s - o n - la w v e r s - a -

t h r e a t - to - d e m o c r a c v . A cce sse d 2 2 F e b ru a ry 2 0 1 8 .

2 Gavilan, J. Rappler.com . "LIST: Judges, p rosecutors, lawyers k illed under D u te rte g o v 't" . Retrieved from h ttp s ://w w w .ra p p le r.co m /n e w sb re a k /ia /2 1 6 2 3 9 -lis t- iu d e e s -p ro se cu to rs - la w ve rs -k ille d -u n d e r-d u te rte - R ove rnm en t.3 Sam abalud M . and Reysio-Cruz, M. Inqu ire r.ne t. " In t 'l g roup in Philippines to investiga te k illing o f law yers". Retrieved fro m h ttp s ://n e w s in fo .in a u ire r.n e t/1 0 9 6 4 3 2 /in tl-e ro u p -in -p h ilip p in e s -to - in v e s tie a te -k illin e -o f- law vers.4 P h ilip p in e S ta r E d ito r ia l (2 1 F e b ru a ry 2 0 1 8 ). K il lin g th e D e fe n s e . R e tr ie v e d f r o m

h t t p : / / o ld .p h i ls ta r .e o m /o p in io n /2 0 1 8 /0 2 /2 1 /1 7 8 9 7 7 9 /e d ito r ia l - k i l l in g - d e fe n s e A cce sse d 2 2 F e b ru a ry 2 0 1 8 .

Various human rights groups and lawyer groups have expressed alarm over the

recent incidents.

In their statement, the Integrated Bar of the Philippines even said that “by

silencing a lawyer, many victims are also silenced” and that “the series of unsolved crimes against lawyers has germinated a dark halo of fear that has paralyzed the most

important pillars of the justice system“.s

There is a clear need to amend existing law to establish a clear government

policy to protect our justice system and the persons tasked to administer justice.

To deter commission of crimes against the person and property of lawyers and

justice sector officials, this bill increases penalty against crimes committed against

them by considering such crimes as an aggravating circumstance.

In view of the foregoing, the passage of this measure is earnestly sought.

LEILA M. DE LIMA 5

5 Cigaral, I.N and Patag, K.J.Philippine Star. "HRW : 38 th law yer k illed since D u te rte adm in possible 'd rug w ar m u rd e r' v ic tim " Retrieved fro m h ttp s ://w w w .p h ils ta r.e o m /h e a d lin e s /2 0 1 9 /0 3 /1 6 /1 9 0 1 9 8 8 /h rw -3 8 th -la w v e r- k ille d -d u te rte -ad m in -po ss ib le -d ru g -w a r-m urd e r-v ic tim .

EIGHTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHIUPPINES )First Regular Session )

SENATE

s.No. 780

of li)f fe 'T r:t.irf

*19 JIJL25 A lim

p e : : : .

Introduced by SENATOR LEI IA M. DE LEVIA

AN ACTAM ENDING ARTICLE 14 OF TH E REVISED PENAL CODE TO ADD, AS

AN AGGRAVATING CIRCUMSTANCE, TH E CRIM E HAVING BEEN COM MITTED AGAINST LAWYERS AND JU STICE SECT OR O IITCIA LS

Be it enacted by the Senate and the House o f Representatives o f the Philippines in Congress assembled:

1 Section 1. The Revised Penal Code, Article 14 on Aggravating Circumstances

2 shall be amended adding a new sub-paragraph, sub-paragraph 22, as follows:3 “Art. 14. Aggravating circumstances. — The following are

4 aggravating circumstances:5 XXX6 21. That the wrong done in the commission of the

7 crime be deliberately augmented by causing other8 wrong not necessary^ for its commissions.

9 22. THAT THE CRIME BE COMMITTED10 AGAINST THE PERSON OR PROPERTY OF

11 LAWYERS AND JUSTICE SECTOR OFFICIALS,

12 IN THE FULFILLMENT OF THEIR DUTY OR IN

13 THEIR LAWFUL EXERCISE OF A RIGHT OR

14 OFFICE.”

15 Sec. 2. Repealing Clause. - All laws, executive orders, presidential decrees,16 presidential proclamations, letters of instruction, rules and regulations or parts

17 thereof inconsistent with the provisions of this Act are hereby repealed or modified

18 accordingly.

1 Sec. 3. Effectivity. - This Act shall take effect fifteen (15) days following its

2 publication in the Official Gazette or in tv\ro (2) newspapers of general circulation.

Approved,