JULY 10, 2016

NR # 4257B

Codify all existing penal, civil and commercial laws of the land
AKO BICOL Party-list lawmakers are reintroducing in the 17th Congress the
creation of three separate Code Commissions to update and codify existing penal, civil
and commercial laws of the country.
Re-elected Reps. Christopher S. Co and Rodel M. Batocabe, and neophyte party-list
colleague, Rep. Alfredo A. Garbin, Jr., are very confident that their three separate bills
(HB Nos. 377, 378 and 380 during the 16th Congress) proposing the creation of the Penal
Code Commission, the Civil Code Commission, and the Commercial Code Commission,
respectively, would finally be enacted into law.
Stressing the vitality of said move, the authors recalled the 1947 Executive Order
No. 48, signed by then President Manuel Roxas, creating the Code Commission.
When EO No. 48 was issued, then President Roxas said: There is an urgent need
for immediate revision of all existing substantive laws of the Philippines and of codifying
them in conformity with the customs, traditions and idiosyncrasies of the Filipino people
and with modern trends in legislation and the progressive principles of law.
They also recalled that the EO creating the Code Commission paved the way for the
passing of the Civil Code of 1952.
More than half a century has passed, as well as the enactment of thousands of
laws, we are again confronted with the necessity of executing the heed of the former
President in his order, they pointed out when they first filed their initiative during the
16th Congress.
The authors, reiterating that the words of the former President Roxas sixty-nine
years ago are as relevant today as they were then, also quoted President Benigno Aquino
III, in his 2010 State of the Nation Address, urging Congress to begin a re-codification of
our laws to ensure harmony in legislation and eliminate contradictions, keeping in mind
the outdated and repealed provisions of some of our Codes that resulted from the creation
of succeeding laws.
The challenging mandate of codification of laws of the three separate Code
Commissions is in line with the platform of good government and efficient legislation to
effectively remove contradictions, redundancies and confusing provisions of existing
laws.
The three separate Code Commissions are mandated to complete their work not
later that (1) one year from the date of enactment of the proposed statutes, and shall

submit to the President a report of the work undertaken by the Commissions with the
corresponding drafts of the different codes for submission to the Congress.
As proposed, the chairman of the Penal Code Commission shall be an Associated
Justice of the Supreme Court. The Law Center of the University of the Philippines shall
serve as the Secretariat (of the three Code Commissions). The Commission shall be
composed of the Chairman and the following members: a) An Undersecretary of the
Department of Justice; b) Director of the National Bureau of Investigation or his
representative; c) the President of the Integrated Bar of the Philippines or his
representative; d) Chief of the Public Attorney's Office or his representative; e) a member
of the academe who is an expert in Criminal Law, practitioner and/or professor of
Criminal Law for at least ten (10) years, who will be appointed by the President of the
Philippines; and f) the president of a non-governmental organization espousing an anticrime advocacy who will likewise be appointed by the President of the Philippines.
On the other hand, composing the Civil Code Commission are: Associate Justice of
the Supreme Court as chairman, with the following members: a) President of the
Integrated Bar of the Philippines or his representative; b) Chief of the Public Attorney's
Office or his representative; c) the Solicitor General or his representative; d) the president
of a socio-civic organization with advocacy relevant to the functions of the Commission,
representing the civil society who will be appointed by the President of the Philippines; e)
a member of the academe who is a noted expert in civil laws, practitioner and/or professor
of Civil law for at least (10) ten years who will likewise be appointed by the President of
the Philippines.
Lastly, the chairman of the Commercial Code Commission shall also be chaired by
an Associate justice of the Supreme Court with the following members: a) the government
Corporate Counsel or his representative; b) the chairman of the Securities and Exchange
Commission or his representative; c) the governor of the Bangko Sentral ng Pilipinas or
his representative; d) the Secretary of the Department of Finance or his representative; e)
Secretary of the Department of Trade and Industry or his representative; f) the Secretary of
the Department of Transportation and Communication or his representative, and the
respective Undersecretaries for Civil Aviation, Maritime Transport, road Transport and
Railways transport; g) the Commissioner, Insurance Commission or his representative; h)
the Director-General, Intellectual Property Office or his representative.
Another salient provision contained in the three measures mandates that the
proposed Code Commissions shall be under the executive control and supervision of the
President of the Philippines. (30) dpt