, . 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
• 
First Regular Session 
SENATE 
S. No. 939 
) 
) 
) 
j 0 JLt -8 1\10 :41 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
Some law enforcement agencies are oftentimes under pressure to solve 
crimes, particularly the high-profile cases, at the earliest possible time. Due to 
the clamor of the people for peace and order, the police are only too eager to 
please the media and thereby receive support and approval from an angry public. 
Today. law enforcement agencies usually present a suspect, suspected 
criminals or a set of suspects in. a press conference or media briefing with the 
announcement that a particular sensational or high-profile case has been solved. 
It is during these press conferences or media briefings that these arrested 
suspects are presented to the public through the television. 
In the process of presenting suspects in a press conference or media 
briefing, however, some fundamental rights are violated. 
While an accused 
enjoys the right to due process and the constitutional presumption of innocence, 
a suspect who is presented in a press conference is already subjected to 
unwanted publicity even before the charges are filed. And if the charges are later 
dismissed, the zeal of our law enforcers in showing that they are on top of a case 
could denigrate and slander the name and reputation of a suspect of his or her 
family. In so far as the suspect - whose name and face have already appeared 
in newspapers or television - is concerned, the damage has been done. 
Presenting suspects to the publiC before formal charges are filed against 
them violates their constitutional rights and most of all their human dignity . 
• 
This bill proposes that those who present suspects in a press conference 
be held criminally, civilly or administratively liable. This bill also proposes cerlain 
guidelines on what the pOlice can do to keep the public informed as to the status 
of pending high-profile cases. 
In view thereof, the early approval of this bill is being earnes,.t";''''.'ilil' /ojIoIl,~. 
MIAMUIEL "LITO" M. LAPID 
Senator 
r 


, . 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
" 0 
,JUL -8 1\10 :41 
SENATE 
S. No. 939 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
PROHIBITING THE PRESENTATION OF SUSPECTS TO 
THE MEDIA AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Declaration of Policy. - It is hereby the policy of the State 
to safeguard the right to presumption of innocence of a/l suspects in criminal 
investigations, 
SEC. 2. 
Unlawful Act. -
It shall be unlawful for any person to 
present publicly or in a press conference any suspect who is being investigated 
by a government office for possible criminal liability before formal charges are 
filed against him or her, unless there is a written consent by the suspect with the 
assistance of counsel. Anyone who has custody of the suspect cannot divulge 
the identity of the suspect in his or her custody prior to the filing of formal charges 
in court. 
This Act, however, does ,not apply to suspects who are at large or for 
whom warrants of arrest have been issued, Their names and photographs can 
be provided to the public for dissemination in order to facilitate their arrest. 
SEC. 3. 
Acts Allowed. - Officials who have custody of a suspect 
and knowledge of his or her airest may inform the public of the fact that a 
suspect has been arrested, the crime for which he or she was arrested, the time, 
date, place, manner and other circumstances concerning the arrest but should 
not include the identity and personal circumstances of the suspect. 
SEC. 4, 
Access of Media. -
Interview of media may be allowed 
upon the suspect's written consent with the assistance of counsel. No interview 
1 


shall be allowed without the presence of counsel unless the suspect waives such 
privilege in writing. 
SEC. 5. 
Penalty. - Any person who shall violate the provisions of 
this Act shall suffer the penalty of six (6) months and One (1) day to Six (6) years 
or a fine of Twenty Thousand pesos (Php 20,000) or both. 
If the offender is a member of the police force, law enforcement agency or 
the Philippine Bar, the penalty to be imposed shall be Six (6) years and One (1) 
day to Eight (8) years. 
SEC. 6. 
Separability Clause. -
If, for any reason, any section or 
provision of this Act shall be held unconstitutional or invalid, the other section or 
provision not otherwise affected shall remain valid. 
SEC. 7. 
Repealing Clause. -
All laws, 
presidential decrees, 
executive orders, proclamations, rules and regulations which are inconsistent 
with the provisions of this Act are hereby repealed or modified accordingly. 
SEC. 8. 
Effectivity Clause. - This Act shall take effect fifteen (15) 
days from its publication in the Official Gazette or in at least two (2) newspapers 
of general circulation. 
Approved, 
2