Republic of the Phil
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES

Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

2
House Bill No. 4258

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE,

This bill seeks to uphold the constitutional rights of public officers who are respondents
in any criminal prosecution. It cannot be denied that some, if not most, of the cases filed against
a public officer is intended to harass him in the rightful exercise of his official duties and
functions. A direct negative effect of this malicious prosecution is a mandatory preventive
suspension. As laid down in some jurisprudence, the Supreme Court rationalizes that unless the
accused is preventively suspended, he may frustrate the prosecution or commit further acts of
malfeasance.

Under our Constitution, the accused must be accorded due process, among other
fundamental rights. Thus, this bill seeks to give the accused public officer his day in court, This
measure will likewise give credence to the voice and confidence of the electorate who, despite
the knowledge of having an information filed against a public officer, has voted him in office
with the belief that the accused will not frustrate his prosecution or commit further acts of
malfeasance

In view of the foregoing, the approval of this bill is eafestly sought.

YNALDO V. UMALI


Republic of the Philippines

House Or REpreseNTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL NO. 4258

Introduced by Honorable Reynaldo V. Umali

AN ACT
UPHOLDING THE CONSTITUTIONAL RIGHTS OF PUBLIC OFFICERS
WHO ARE RESPONDENTS IN ANY CRIMINAL PROSECUTION,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 3019,
OTHERWISE KNOWN AS THE “ANTI-GRAFT AND CORRUPT
PRACTICES ACT”

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

SECTION 1. Section 13 of Republic Act No. 3019 as amended, is hereby
further amended to read as follows:

“Section 13. PREVENTIVE Suspension and Loss of

Benefits. — Any incumbent public officer against whom any criminal

prosecution under a valid information under this Act or under Title 7,

Book Il of the Revised Penal Code or for any offense involving fraud

upon government or public funds or property whether as a simple or

as a complex offense and in whatever stage of execution and mode of

participation is pending in court, shall be suspended from office FOR

A PERIOD NOT EXCEEDING THREE (3) MONTHS:

PROVIDED, THAT A MANDATORY PRELIMINARY HEARING


HAS BEEN CONDUCTED BY THE COURT HAVING
ORIGINAL JURISDICTION OVER THE OFFENSE TO
DETERMINE SUFFICIENT GROUND TO ENGENDER A WELL-
FOUNDED BELIEF THAT AN OFFENSE UNDER THIS ACT
HAS BEEN COMMITTED AND THE PUBLIC OFFICER IS
PROBABLY GUILTY THEREOF: PROVIDED, FURTHER, THAT
GIVEN THE GRAVITY OF THE OFFENSE, A HIGH
PROBABILITY THAT THE CONTINUANCE IN OFFICE OF THE
PUBLIC OFFICER MAY INFLUENCE WITNESSES OR POSE A
THREAT TO THE SAFETY AND INTEGRITY OF THE
RELEVANT RECORDS OR DOCUMENTS.

THE PREVENTIVE SUSPENSION SHALL NOT BE
IMPOSED IF:

A. THE ACCUSED OR PERSON CHARGED HAS
BEEN ELECTED TO OFFICE, WHETHER LOCAL OR
NATIONAL, AFTER THE FILING OF THE INFORMATION;

B. |THE ACCUSED IS HOLDING OR OCCUPYING AN
OFFICE OR POSITION DIFFERENT FROM THAT WHICH THE
PERSON WAS HOLDING AS STATED IN THE
INFORMATION;

C. AFTER THE PROSECUTION HAS RESTED ITS
CASE IN THE CRIMINAL PROCEEDINGS.

Should he be convicted by final judgment, he shall lose all
retirement or gratuity benefits under any law, but if he is acquitted,

he shall be entitled to reinstatement and to the salaries and benefits


which he failed to receive during suspension, unless in the meantime
administrative proceedings have been filed against him.”
SEC. 3. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of general

circulation.

Approved,