Republic’of the Philippines: | NOSE OF REPRESENTATIVES

HOUSE OF REPRESENTATIVES RECEIVED
Quezon City, Metro Manila 5 18 JUL 2016

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SEVENTEENTH CONGRESS
First Regular Session

3
House Bill No, 1633

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

EXPLANATORY NOTE

The bane, nay, the curse of our law enforcers and prosecutors in their
war against crime, even after they have apparently won it by the
identification and apprehension of the perpetrators on the basis of
confessions of co-principals or accomplices or the affidavits of material
witnesses is the ever-present spectre of retraction or recantation of the
statements of the conspirator or witness before or after the case is filed with
the court. Thus, our law enforcers and prosecutors find, much to their dismay,
that their patient and painstaking efforls and even sacrifices in surveillance
and detective work and in developing and building up an air-tight case
against the criminal offenders, have woefully gone to waste. What is more
painful is the fact that more often than not, these retractions or recantations
have been obtained through force and intimidation, coercion, bribery or
trickery.

This inherent flaw in our criminal justice system - where it takes a long
time, lasting up to several months, from apprehension to prosecution and
trial, provides a window of opportunity fro criminal offenders fo work on
witnesses against them in order to make them recant and repudiate their
incriminating statements.

This bill attempts to shorten the time lag between apprehension and
trial so that, hopefully, the criminal offenders will not have the time to work on
the witnesses. This can be done by preserving and perpetuating the
testimony of the witness as quickly as possible, that is, even before the case is
filed in court so that whatever happens to the witness afterwards - even if he
recants or repudiates his testimony — it can still be used against the criminal
offenders and thus a miscarriage of justice is avoided.

In view of the foregoing, early approval of this bill is eamestly
requested.

Hi LYN F. GARCIA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

1633

House Bill No.

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

AN ACT
PROVIDING FOR THE SPEEDY AND EFFECTIVE PERPETUATION OF THE TESTIMONY
OF A VITAL WITNESS IN THE PROSECUTION FOR A CRIMINAL OFFENSE SO AS TO
PREVENT ITS SUBSEQUENT RECANTATION OR SUBSTANTIAL ALTERATION

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

SECTION 1. This Act shall be known and cited as the “Anti-Recantation
Act of 2016."

SECTION 2. Whenever a co-principal, accomplice, or accessory in the
commission of a criminal offense punishable by reclusion temporal or higher,
or any other material witness thereto, declares in an affidavit or similar
document, that some other person or persons participated in the
commission, so that from his affidavit, he appears to be a vital witness in the
prosecution of the criminal offense, it shall be the duty of the police or other
investigating officer who obtained the affidavit to transmit the same, within
three (3) days from its execution, fo the City or Provincial Prosecutor that has
jurisdiction over the preliminary investigation of said offense. The police or
investigating officer concemed shall retain a duplicate original of the
affidavit.

SECTION 3. If, in the judgment of the Prosecutor, taking into
consideration all the circumstances and personalities involved, there is
reasonable ground to believe that any of the following exists:

(a) the life or well-being of the witness is endangered;

(b) the witness may be forced, intimidated, coerced or unduly or wrongfully
persuaded to recant or substantially alter his declaration;


(0) the witness is about to depart from the Philippines or is seriously ill that he
may not be available during the trial of the case arising from the crime
refered to in the affidavit;

the Prosecutor concerned shall within three (3) days from receipt of the
affidavit, file a verified petition with the nearest Regional Trial Court for the
perpetuation of the testimony of the witness.

SECTION 4. The petition shall state the grounds relied upon and shall
further state the following:

(a)the name and address of the witness;

(b)the name and address of the person or persons implicated in the
commission of the offense hereinafter referred to as the prospective
accused;

(c) the necessity for the perpetration of the testimony of the witness.

The petition shall be accompanied by a certified true copy of the affidavit
and such other documents as the Prosecutor may deem appropriate.

SECTION 5. If the petition is sufficient in form and substance, the Court
shall forthwith issue an order setting the date and time of the hearing of the
petition which shall not be more that ten (10) days from the filing of the
petition and directing that the prospective accused implicated in the
affidavit must appear at the hearing in order that he can meet the witness
face to and further cross-examine the latter on his testimony in connection
with his affidavit. The witness and the prospective accused directed to
appear at the hearing shall be given notice of the order at least three (3)
days before the hearing. A copy of the petition and the accompanying
affidavit shall be served together with the notice.

Upon the filing of the petition and during its pendency, the court may
adopt measures that would insure the safety and security of the witness and
secure his appearance at the heating.

SECTION 6. At the hearing, the witness, with the assistance of counsel,
shall be examined by the Prosecutor on the basis of his affidavit. If the witness
repudiates his affidavit or recants his statements therein or gives testimony
contradicting or altering substantially the tenor of his affidavit, the
proceeding shall be terminated and the petition dismissed without prejudice
to the prosecution of the witness for perjury. If the witness affirms in substance
the correctness and veracity of the statements in his affidavit, the prospective
accused shall be directed to proceed, through counsel, to cross-examine the
witness, in the same manner as in the trial of a criminal case. Failure or refusal
on his part to attend the hearing or to conduct the cross-examination shall be
considered a waiver and he cannot be heard to complain against the
regularity or validity of the proceeding in any criminal action arising from or


connected with the testimony of the witness taken at said proceeding. After
the cross-examination or in case of waiver thereof, the Court shall order the
proceeding terminated and closed. The witness, if under confinement, shall
thereupon be ordered discharged, unless there are other just and valid
reasons for his continued confinement.

SECTION 7. The testimony of the witness taken in the manner
prescribed above, cannot be subsequently repudiated or recanted by the
witness and shall be admitted in evidence in the criminal case arising from or
connected therewith without necessity of presenting said witness and the
latter shall not be compelled to testify anew on the subject matter of his
testimony.

SECTION 8. Any provision of law, decree, executive order, or the Rules
of Court inconsistent with this Act is hereby repealed or amended
accordingly.

SECTION 9. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,