SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 1277 
) . 
) 
) 
Sl't111tr 
(~H.~~. "f t~. ~mt'''' 
'13 
AUG 13 P 3 :1 0 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
Recent policies of the Department!illiof Interior and Local Government 
(DILG) have prohibited the revelation of inf~~~ation regarding persons suspected 
of being involved in criminal activity. TheQ,i'l.G recognized the need to balance 
the right of the people to information orl~llproceedings pertaining to criminal 
investigations, particularly high-profile cases, with the right of every accused to 
be presumed innocent. 
The concern is well-founded given the lynch mob mentality of the public 
when information on criminal cases is broadcast. 
Today, law enforcement 
agencies usually present suspects or release information on suspects through 
press conferences or media briefings. This gives the public the impression that 
criminal investigations have been resolved conclusively and the suspects 
presented are the actual culprits of the crime charged. 
In cases where the accused are innocent of the crime or where there is 
insufficient evidence to support criminal charges, the zeal of our law enforcers in 
showing that they are on top of a case coulct~~rigrate and slander the name and 
reputation of a suspect and that 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 is irreparable despite a court dismissal of the charges. 
From the foregoing it can be seen that the presentation of suspects to the 
public before formal charges are filed against them violates constitutional rights 
and most of all offends their personal dignity. 
This bill proposes that the presentation of suspects to the media prior to 
the filing of criminal charges be prohibited. Persons who violate this prohibition 
should be held criminally, civilly, or administratively liable. Further, guidelines on 
what law enforcers can do to keep the public informed as to the status of pending 
high-profile cases are outlined. 
The early approval of this bill is earnestly sought. 
MANbZ~2,~~ 
Senator 
C 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
'13 
AUG 13 P3 :10 
___________ 
S_. N_o_._l_2_7_.7 _______ 
R_E_C_F_:'0_:o,_'p BY:~ 
"10 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
PROHIBITING THE PRESENTATION OF SUSPECTS TO 
THE MEDIA 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
1 
SECTION 1. Declaration of Policy. -
It is the policy of the State to 
2 
safeguard the right of all suspects in criminal investigations to be presumed 
3 
innocent. 
4 
5 
SEC. 2. 
Prohibited Acts. -
It shall be unlawful for any person to 
6 
present to the public, whether through a press conference or some other public 
7 
means, any person who is a suspect in a criminal investigation conducted by a 
8 
government agency prior to the filing of formal' 0harges against him or her, unless 
9 
written consent thereto, accomplished with the assistance of counsel, is given by 
10 
the suspect. 
11 
Any person entrusted with the custody of a suspect cannot divulge his or 
12 
her identity prior to the filing of formal charges in court. 
13 
The prohibition herein shall have limited application with respect to 
14 
suspects against whom warrants of arrest have been issued or for those who 
15 
remain at large, such that the names and photographs of such suspects may be 
16 
released to the public in order to facilitate arrest. 
17 
18 
SEC. 3. 
Information That May Be Disclosed. - Officials who have 
19 
custody of a suspect and knowledge of his oro her arrest may inform the public of 
20 
the fact that a suspect has been arrested; the crime for which he or she was 
21 
arrested; and the time, date, place, manner of apprehension, and other 
, 
22 
circumstances concerning the arrest. In no case should the identity or personal 
2j 
circumstances of the suspect be revealed. 
1 


1-
2 
SEC. 4. 
Access of Media. - Interviews by the media may be allowed 
3 
provided the suspect, with the assistance of counsel, executes a written consent 
4 
thereto. No interview shall be allowed in the absence of counsel, unless the 
5 
suspect waives such privilege in writing. 
6 
7 
SEC. 5. 
Penalty. - Any person who violates the provisions of this Act 
8 
shall suffer the penalty of imprisonment for six (6) months and One (1) day to Six 
9 
(6) years or a fine of Twenty Thousand pesos (Php 20,000), or both. 
10 
If the offender is a member of the police force, any law enforcement 
11 
agency, or the Philippine Bar, the penalty to be imposed shall be imprisonment 
12 
for Six (6) years and One (1) day to Eight (8) years. 
13 
14 
SEC. 6. 
Separability Clause. - Should any section or provision of 
15 
this Act be held unconstitutional or invalid, the other sections or provisions not 
16 
affected shall continue to be in full force and effect. 
17 
18 
SEC. 7. 
Repealing Clause. -
All laws, presidential decrees, 
19 
executive orders, proclamations, rules and regulations, and parts thereof which 
20 
are inconsistent with the provisions of this Act are hereby repealed or modified 
21 
accordingly. 
22 
23 
SEC. 8. 
Effectivity Clause. - This, Act shall take effect fifteen (15) 
24 
days from its publication in the Official Gazette or in at least two (2) newspapers 
25 
of general circulation. 
Approved, 
2