As part of a series of roadshows and regional public fora, the Criminal Code Committee held its fifth regional consultative activity in Iloilo City, Iloilo last 16 November 2012. The one-day roadshow and regional public forum is one of several consultative activities being implemented under the joint project of the Department of Justice (DOJ), the Hanns Seidel Foundation (HSF) and the German Federal Foreign Office – “Crafting a Modern Criminal Code for the Philippines.”

Justice Secretary Leila M. de Lima was guest-of-honour during the activity which served as a platform for the presentation of draft Book 1 of the proposed criminal code and for the gathering of inputs for Book 2, the drafting of which is ongoing. In her welcome remarks, Secretary de Lima emphasized the need to update the antiquated penal code and encouraged the representatives of the Region 6 government offices, as well as of the other public and private organizations, to participate in the discussion and share insights and inputs on the proposed criminal code.

Congressman Niel C. Tupas, Jr. was represented by Former Governor Niel D. Tupas, Sr. of Iloilo. In his speech as read by Former Governor Tupas, Cong. Tupas expressed his steadfast support for the project, declaring the House of Representatives a partner in the initiative.

DOJ Assistant Secretary Geronimo L. Sy, who serves as the Chair of the Criminal Code Committee, presented the Criminal Code Project and highlighted the key features of Book 1 of the proposed criminal code of the Philippines: Definition of terms; Universal jurisdiction for certain crimes; Conduct-based approach to criminalization; Simplified categorization of crimes (no frustrated stage; only “principals” and “accessories”); Minimum age of criminal responsibility (12 years old); Criminal liability of corporations; Consolidated criminal and civil actions; Tabular scale of principal, alternative and accessory penalties, and other incidents of sentencing; Rationalized rule on double jeopardy and Generic modifying circumstances.

Book 2, as described by ASec. Sy, comprises the specific crimes and their respective penalties. He asked the participants whether they agreed that the crimes in Book 2 would be subdivided into a) Crimes Against the State, b) Crimes Against Persons, and c) Crimes against Property, and invited everyone to share their inputs and questions during the Open Forum.

This roadshow forms part of the advocacy campaign for the proposed “new” criminal code and was combined with a regional public forum to maximize the gathering of insights, and to obtain the public’s response to specific issues identified from stakeholders in the provinces comprising Region 6.

As in the previous roadshows held in Legazpi (Region 5), Cebu (Region 7), Davao (Region 11) and in Baguio (Cordillera Administrative Region, C.A.R.), the idea of the drafting of a “modern” criminal code for the Philippines was received positively by the majority of the participants. The key features introduced were discussed in detail. As specific concerns raised by certain sectoral representatives were addressed, the “new innovations” gained appreciation. The Experts duly noted suggested amendments shared by the participants. As part of the inputs gathered for the drafting of Book 2, the participants enthusiastically joined in the viva voce surveys conducted on crimes deemed to merit the penalty of life imprisonment (murder, treason, plunder and the like), and crimes that should be the subject of Corporation Criminal Liability (bribery, infringement of property rights, tax law violation, and the like).

During the open forum, ASec. Sy led the panel of Experts comprising his co-Members of the Experts Group in expounding the sections in Book 1 and addressing various concerns and questions raised: City Prosecutor Feliciano A. Aspi, Office of the City Persecutor of Makati City, President of the Chief Prosecutors Association; Assistant Solicitor General Marissa M. Guillen, Office of the Solicitor General; Government Corporate Counsel Raoul C. Creencia, Office of the Government Corporate Counsel; Administrator Manuel G. Co, Parole and Probation Administration; Prof. Alfredo F. Tadiar, Chair, Alternative Dispute Resolution Department, Philippine Judicial Academy; Atty. Rudolfo G. Urbiztondo, Deputy General Counsel, Integrated Bar of the Philippines;  and Assistant City Prosecutor Jeremy V. Bionat, Office of the City Prosecutor of Iloilo City.

Tasked to “draft an organic, Filipino and modern criminal code that consolidates and harmonizes the penal laws for an effective, efficient and economical administration of criminal justice,” the Criminal Code Committee was created by virtue of DOJ Department Circular No. 19 on 20 April 2011 to “undertake the review of the RPC, as amended, and all existing criminal statutes.” The concentrated efforts of members of the Experts Group formed under the CCC led to the draft of Book1 of the proposed criminal code and ongoing drafting of Book 2.

The roadshow was attended by more than one hundred participants, including representatives from government agencies, such as the Philippine National Police (PNP), the Philippine Judiciary, Local Government Units, and the DOJ and its attached agencies, including the Public Attorney’s Office (PAO), National Prosecution Service (NPS), National Bureau of Investigation (NBI), Bureau of Immigration (BI), and the Land Registration Authority (LRA), as well as civil society organisations such as the Central Philippine University-Women Lawyers Association of the Philippines (CPU/WLAP), Global Legal Action on Climate Change (GLACC), Foundation for the Philippine Environment (FPE), Participatory Research Organization of Communities and Education towards Struggle (PROCESS-Panay Foundation), Sigmahanon Development Foundation (SDFI), Tanggapang Panligal Ng Katutubong Pilipino- (PANLIPI), Integrated Bar of the Philippines (IBP) in Iloilo and in Panay, together with the academe, the University of San Agustin, University of Iloilo (UI)-Phinma College of Law, along with several representatives from the press. Another roadshow is planned to be held in Cagayan de Oro next year.