FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
SENATE 
S. No. 
.. . 
i. 
. 
._I 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 27, provides: 
The State shall maintain honesty and integrity in the public service and 
take positive and effective measures against graft and corruption. 
Given the delicate and sensitive nature of their functions, prosecutors should serve the 
public with utmost responsibility, integrity and honesty, upholding public interest over their 
personal interest at all times. They should conduct themselves always beyond reproach, 
circumscribed with the heavy burden of responsibility, to free them from any suspicion that may 
undermine the judicious disposition ofjustice. 
Hence, this bill seeks to establish ethical standards for prosecutors in order to provide 
guidelines in the conduct of their office and prescribe penalties for their violation.* 
* This bill was re-tiled during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING ETHICAL STANDARDS FOR PROSECUTORS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Prosecutor Ethics Act of 
2007.” 
SECTION 2. Ethical standards for prosecutors. - 
(A) Prosecutor Defined. - In this section, the term “prosecutor” means an attorney 
employed by the Department of Justice who is directly engaged in the prosecution of violations 
of civil or criminal law. 
(B) Prohibited Conduct for Department of Justice Employees. - The Secretary of Justice 
shall establish by rule that it shall be punishable conduct for any officer or employee of the 
Department of Justice, in the discharge of this or her official duties, intentionally to - 
(1) Seek the indictment of any person in the absence of a reasonable belief of 
probable cause, as defined by applicable laws; 
(2) Mislead a court as to the guild of any person by knowingly making a false 
statement of a material fact or law; 
(3) Offer evidence known to be false; 
(4) Attempt to corruptly influence or color a witness’ testimony with the intent to 
encourage untruthful testimony; 
(5) Violate a defendant’s right to discovery under the Rules of Court; 
(6) Offer or provide sexual activities to any government witness or potential 
witness in exchange for or on account of his or her testimony; or 
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(1) Reprimand; 
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(2) Demotion; 
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(3) Dismissal; 
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(4) Suspension from employment; 
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possible criminal prosecution. 
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any other person; or 
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court. 
(7) Improperly disseminate confidential, non-public information to any person 
during an investigation or trial. 
(C) Penalties. - The Secretary of Justice shall establish a range of penalties for engaging 
in conduct prohibited under paragraph (A), which shall include - 
(5) Referral of ethical charges to the bar; and 
(6) Referral of evidence related to the conduct, if appropriate, to the court for 
(D) Substantive Rights. -Nothing in this paragraph (A) may be construed to - 
(1) Establish any substantive right on behalf of a criminal defendant, civil litigant, 
target or subject of an investigation, witness, counsel for a represented party or parties, or 
(2) Provide a basis for dismissing any criminal or civil charge or proceeding 
against any person in any court; or excluding relevant evidence in any proceeding in any 
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SECTION 3. Commission on Prosecutorial Conduct. - 
(A) Establishment and Functions of Commission. - 
(1) Establishment. - There is established a Commission on Prosecutorial 
Conduct, hereafter referred to as the “Commission”. 
(2) Functions. - The functions of the Commission shall be to - 
(a) Conduct a review regarding whether there are specific duties related lo 
investigation and prosecution of violations of law which are 
incompatible with the regulation of the conduct of prosecutors by any 
law or rule governing ethical conduct of attorneys; and the procedures 
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utilized by the Department of Justice to investigate and punish 
inappropriate conduct by prosecutors; and 
(b) Not later than twelve (12) months after the date on which the members 
of the Commission are appointed, submit to the Secretary of Justice a 
report concerning the review under subparagraph (b), including any 
recommendations of the Commission relating to the matters reviewed 
under said subparagraph. 
(3) Consultation. - In carrying out subparagraph (2), the Commission shall 
consult with the Secretary of Justice, the Chairmen and Ranking Members of the 
Committees on Justice of the House of Representatives and the Senate, the Integrated Bar 
of the Philippines, and other organizations of attorneys, and law enforcement agencies. 
(B) Membership. - 
(1) In General. - The Commission shall be composed of seven (7) members, each 
of whom shall be - 
(a) Appointed by the Secretary of Justice, after consultation with the 
Judiciary, Chairmen and Ranking Members of the Committees on 
Justice of the House of Representatives and the Senate, and 
representatives of judges, prosecutors, defense attorneys, law 
enforcement officials, victims of crime, and others interested in the 
criminal justice process; and 
(b) A lawyer engaged in the practice of law for at least five (5) years. 
(2) Appointment. - The members of the Commission shall be appointed not later 
than thirty (30) days after the date of enactment of this Act. 
(3) Vacancy. - Any vacancy in the Commission shall be filled in the same manner 
as the original appointment. 
(4) Chairperson. -The Commission shall elect a chairperson and vice chairperson 
from among its members. 
(5) Quorum. - Four (4) members of the Commission shall constitute a quorum, 
but two (2) members may conduct hearings. 
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(C) Compensation. - Members of the Commission shall receive no compensation for 
their services, but shall be reimbursed for travel, subsistence, and other necessary expenses 
incurred in the performance of duties vested in the Commission, in accordance with applicable 
civil service laws and other related laws. 
(D) Personnel. - 
(1) Executive Director. - The Commission may appoint an Executive Director, 
who shall receive compensation at a rate not exceeding the rate prescribed for Director I 
level. 
(2) Staff: - The Executive Director, with the approval of the Commission, may 
appoint and fix the compensation of such additional personnel as the Executive Director 
determines to be necessary, subject to applicable civil service regulations, without regard 
to the provisions, governing appointments in the competitive service. Compensation 
under this subparagraph shall not exceed the annual maximum rate of basic pay for a 
position above grade 20. 
(3) Experts and Consultants. - The Executive Director may procure personal 
services of experts and consultants as authorized by law. 
(E) Information. - The Commission may request from any department, agency, or 
independent instrumentality of the government any information and assistance the Commission 
determines to be necessary to carry out its functions under this subsection. Each such 
department, agency, and independent instrumentality is authorized to provide such information 
and assistance to the extent permitted by law when requested by the chairperson of the 
Commission. 
(F) Report of the Secretary ofJustice. - Not later than sixty (60) days after the date of 
enactment of this Act, the Secretary shall submit a report to the Commission, which shall, with 
respect to the three (3) year period preceding the date on which the report is submitted under this 
paragraph - 
(1) Include the number, type and disposition of all investigations conducted or 
supervised by the Department of Justice; 
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(2) Include a summary of the findings of each investigation in which the 
Department of Justice found that an officer or employee of the Department of Justice is 
engaged in willful misconduct; and 
(3) Be confidential and not disclose information that would interfere with any 
pending investigation or improperly infringe upon the privacy rights of any individual. 
(G) Termination. - The Commission shall terminate ninety (90) days after the date on 
which the Commission submits the report under paragraph (A)(2)(b). 
(H) Authorization of Appropriations. - There is authorized to be appropriated to the 
Commission such sums as may be necessary to carry out this subsection. Amounts made 
available under this paragraph shall remain available until expended. 
SECTION 4. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 5. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
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