WHEREAS, there were pending before Congress prior to
the promulgation of Proclamation No. 1081, dated September 21, 1972,
certain measures vital to the establishment and maintenance of peace and
order throughout the land;
WHEREAS, one of these priority measures is House
Bill No. 2544 which provides that prisoners sentenced to not more than
six (6) months shall be deemed municipal prisoners and those sentenced
to a maximum term of not more than three (3) years shall be deemed
provincial or city prisoners;
WHEREAS, this bill would not only stop the
aggravation of congestion problem plaguing our penal establishments but
would also allow the confinement of more prisoners closer to their homes
and families;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution as Commander-in-Chief of all the Armed Forces of the
Philippines, and pursuant to Proclamation No. 1081, dated September 21,
1972, and General Order No. 1, dated September 22, 1972, as amended, and
in order to effect desired changes and reforms in the social, economic
and political structures of our society, do hereby decree that House
Bill No. 2544, entitled "An Act Amending Subparagraph (d) of Section
Seventeen Hundred Thirty-Nine and Subparagraph (b) of Section Seventeen
Hundred Forty of the Revised Administrative Code," as reproduced
hereunder is hereby adopted, and approved and made part of the law of
the land:
"SECTION 1. Subparagraph (d) of Section Seventeen hundred
thirty-nine of the Administrative Code is hereby amended to read as
follows:
'"(d) Persons who by reason of their sentence may be deprived of
liberty for not more than six months. The imposition of subsidiary
imprisonment shall not be taken into consideration in fixing the status
of a prisoner hereunder except when the sentence imposes a fine only.”
"SEC. 2. Subparagraph (b) of Section Seventeen hundred forty of the
same Code is likewise amended to read as follows:
'"(b) Persons who by reason of their sentence may be deprived of
liberty for not more than three years or are subjected to a fine of not
more than one thousand pesos, or are subjected to both penalties; but if
a prisoner receives two or more sentences in the aggregate exceeding
the period of three years, he shall not be considered a provincial
prisoner. The imposition of subsidiary imprisonment shall not be taken
into consideration in fixing the status of a prisoner hereunder except
when the sentence imposes a fine only."
This Decree shall take effect immediately: Provided, That
amendments, changes and modifications may be made by me and the same
shall take effect after my announcement thereof or by my duly designated
representative.
Done in the City of Manila, this 25th day of October, in the year of
Our Lord, nineteen hundred and seventy-two.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ALEJANDRO MELCHOR
Executive Secretary