MARCH 13, 2016

NR # 4138B

Ensuring due process to strengthen the nations Justice System

Party-list lawmakers have pinpointed four Articles in the Revised Penal Code that
need to be amended to ensure that due process is afforded every person undergoing
criminal, civil, or administrative investigations.
These penal provisions include Articles 204, 205, 206 and 207 provide that only
judges are criminally held liable for knowingly rendering unjust decisions, orders, or
resolutions to the detriment of justice.
To ensure that due process is not negated to anyone, Magdalo Party-list Reps.
Francisco Ashley L. Acedillo and Gary C. Alejano are urging the passage of HB 6106
entitled An Act amending Articles 204, 205, 206, and 207 of Act No. 3815 or the Penal
Code of the Philippines.
The proposed measure seeks to include public officers exercising quasi-judicial
functions as among those covered in the mentioned Articles to ensure that due process in
the countrys judicial system is in accord with the 1987 Constitution.
The lawmakers cited the Constitutional provision mandating that: The State shall
maintain honesty and integrity in the public service and take positive and effective
measures against graft and corruption.
As such, they added, that it is a function of the different agencies of government,
such as Congress, to identify the causes of inefficiency and corruption in order to provide
adequate remedies for their elimination for the continued observance of the high standards
of ethics and efficiency in the government.
Under HB 6106, now under consideration by the House Committee on Revision of
Laws, Articles 204, 205, 206 and 207 are proposed to be amended to read as follows
(Note: proposed amendments in big bold letters):
Article 204. Knowingly Rendering Unjust Judgement OR ORDER. -- Any judge
or OFFICER EXERCISING QUASI-JUDICIAL FUNCTIONS and who knowingly
render an unjust judgement OR ORDER in any case OR MATTER submitted to him for
decision OR RESOLUTION IN FINAL DISPOSITION THEREOF, shall be punished
by prision mayor and perpetual absolute disqualification.
Article 205. Judgement OR ORDER Rendered Through Negligence. Any judge
OR OFFICER EXERCISING QUASI-JUDICIAL FUNCTIONS who, by reason of
inexcusable negligence or ignorance, shall render a manifestly unjust judgement OR
ORDER in any case submitted to him for decision OR RESOLUTION IN FINAL

DISPOSITION THEREOF, shall be punished by arresto mayor and temporary special

disqualification.
Article 206. Unjust Interlocutory Order. Any judge OR OFFICER
EXERCISING QUASI-JUDICIAL FUNCTIONS who shall knowingly render an unjust
interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum
period and suspension, but if he shall have acted by reason of inexcusable negligence or
ignorance and the interlocutory order of decree be manifestly unjust, the penalty shall be
suspension.
Article 207. Malicious Delay in the Administration of Justice. The penalty of
prision correctional in its minimum period shall be imposed upon any judge OR
OFFICER EXERCISING QUASI-JUDICIAL FUNCTIONS guilty of malicious delay
in the administration of justice. (30) dpt