L. 
5 :j ' 
E 
, 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
FIRST REGULAR SESSION 
) 
S E N A T E  
1793 
s. NO.- 
'04 SEP 20 P3:17 
G 
FIECEJVEO BY: 
Introduced by Senator Juan M. Flavier 
EXPLANATORY NOTE 
Recent unsettling disclosures by judicial and prosecution officers of the 
widespread practice of private communication between parties to pending court 
cases and members of the judiciary undermine the people's confidence in the 
judicial system and cast a dark-cloud of doubt over the ability of the government 
to dispense justice. 
The rampant "note-passing'' resorted to by litigants and their counsels with 
the judge or public officer trying or hearing a case is symptomatic of a judicial 
system that needs a re-definition of its accountability. 
By prohibiting and penalizing private communication between parties to a 
case and the officer hearing the case, the cold neutrality of an impartial judge - 
the modicum of judicial disposition - is maintained. 
In this light, passage of this bill is earnestly enjoined 


CONGRESS OF THE REPUBLIC ) 
) 
SESSION 
) 
S E N A T E  
1793 
S. NO. 
'04 SEP 20 P3:17 
Introduced by Senator Juan M. Flavier 
AN ACT 
PROHIBITING ANY PERSON FROM PRIVATELY COMMUNICATING WITH A 
JUDGE, FISCAL, ADMINISTRATIVE OFFICER, OR ANY OTHER PUBLIC 
OFFICER INVESTIGATING OR HEARING A CASE ON ANY MATTER 
PERTAINING TO SUCH CASE, PROVIDING PENALTIES THEREFORE, AND 
FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of fhe Philippines 
in Congress assembled: 
SECTION 1. It shall be unlawful for any person to communicate privately 
with a judge, fiscal, administrative officer, or any other public officer investigating 
or hearing a case for the purpose of influencing the decision in such case. This 
prohibition shall likewise apply to any person working for or connected with the 
office of such judge, administrative officer or any other public officer. 
SEC. 2. For purpose of this Act, a case shall mean any civil, criminal or 
administrative proceeding, including petitions or applications for the grant of 
licenses or franchises; or preliminary investigations conducted by the judge or 
fiscal or any other matter which involves the exercise of judicial or quasi-judicial 
functions of a judge, fiscal, administrative officer, or any other pubiic officer, 
regardless of whether or not the said proceeding is conducted in the presence of 
the adverse party. 
SEC. 3. Private communication, for purposes of this Act, is defined as any 
communication or message, written or oral, made by any person intended to 
influence the resolution or decision of any case, preliminary investigation, 


application, or any other investigation or similar matters being heard or 
considered by a judge, fiscal, administrative officer or any other public officer 
exercising judicial or quasi-judicial functions which does not go thru the regular 
procedure for the filing of pleadings and similar communications or which 
deprives or denies any party to the case an opportunity to be heard on the 
matter, except those issues or incidents allowed by law, the rules of court or the 
appropriate administrative rules and procedures to be heard and considered ex 
parte. 
SEC. 4. Any person who shall violate this Act shall be punished by 
imprisonment of not less than one (1) month nor more than one (1) year or a fine 
of not less than One thousand pesos (P1,OOO.OO) nor more than Sixty thousand 
pesos (P60,000.00), or both, at the discretion of the court. 
SEC. 5. Any judge, fiscal, administrative officer or any other public officer 
or employee found violating this Act shall be punished by imprisonment of not 
less than one (1) year nor more than five (5) years or a fine of not less than Ten 
thousand pesos (PlO,OOO.OO), nor more than One hundred thousand pesos 
(P100,000.00), or both, at the discretion of the court. 
The penalty of perpetual special disqualification to hold public office shall 
likewise be imposed. 
SEC. 6. Repealing Clause. -All laws, decrees and orders or parts thereof 
inconsistent herewith, are deemed repealed or modified accordingly, unless the 
same provide for a heavier penalty. 
SEC. 7. This Act shall take effect after thirty (30) days following its 
complete publication in the Official Gazette or in two (2) national newspapers of 
general circulation. 
Approved,