I 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHIL~PINES 
1 
First Regular Session 1 
1 
circumscribed with the 
Introduced by Senator Miriam Defensor Santiago 
heavy burden of responsibility, to free them from any suspicion that may 
! 
EXPLANATORY NOTE 
! 
! 
1 
The Constitution, Article 2, Section 27, provides: 
The State shall maintain honesty and integrity in the public service and 
take positive and effective measures against graft and corruption. 
I 
Hence, this bill seeks to establish ethical standards for prosecutors in order to provide 
I 
guidelines in the conduct of their office and prescribe penalties for their violation. 


I 
THIRTEENTH CONGVSS OF THE REPUBLIC ) 
OF THE PHILTPINES 
1 
AUG -3 P331 
First Regular Session , 
1 
~ 
assembled: 
Introduced by Senator Miriam Defensor Sankago 
~ 
~ 
(1) PRO ECUTOR 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. 
P 
, 
, 
(2) 
PROHIBITED 
CONDUCT 
FOR 
DEPARTMENT 
OF 
JUSTICE 
EMPLOYEES - The Fecretary of Justice shall establish by rule that it shall be punishable 
I 
conduct for any officer lor employee of the Department of Justice, in the discharge of this or her 
official duties, intentionally to - 
i 
i 
1 
i 
! 
(4) seek the indictment of any person in the absence of a reasonable belief 
of probable cause, as defined by applicable laws; 
(B) mislead a court as to the guild of any person by knowingly making a 
false statkment ofa material fact or law; 
, 
1 
I 
1: 
(e) offer evidence known to be false; 
(p) attempt to corruptly influence or color a witness’ testimony with the 
~ 
I 
~ 
intent to ’ ncourage untruthful testimony; 
I 
i 
violate a defendant’s right to discovery under the Rules of Court; 
offer or provide sexual activities to &y government witness or 
itness in exchange for or on account of his or her testimony; or 


(‘A) reprimand; 
aj~y 
person in any court; or 
I 
~ 
! 
I 
I 
. .  
(ii) excluding relevant evidence in any proceeding in any court. 
I 
SECTION 3. Commission on prosecutorial conduct. - 
(1) ESTABLISHMENT AND FUNCTIONS OF COMMISSION - 
I 
(A) ESTABLISHMENT - There is established a Commission on 
Prosecutorial Conduct (referred to in this subsection as the “Commission”). 
(B) FUNCTIONS -The functions of the Co&ission shall be to - 
! 
i 
! 
a. whether there are specific duties related to investigation 
and prosecution of violations of law Ahich are incompatible with 
(i) conduct a review regarding - 
~ 


the regulation of the conduct of prosecutors by any law or rule 
governing ethical conduct of attorneys; and 
b. the procedures utilized by the Department of Justice to 
investigate and punish inappropriate conduct by prosecutors; and 
(ii) not later than twelve (12) months after the date on which the 
members of the Commission are appointed under paragraph (2)(B), submit 
Commission 
Ranking 
shall consult with the Secretary of Justice, the Chairmen and 
Members of the Committees on Justice of $e House of Representatives 
members, each of whom shall be - 
(C) VACANCY - Any vacancy in the Commission shall be filled in the 


necessary expenses incurred in the performance of duties vested in the Commission, in 
(A) EXECUTIVE DIRECTOR - The Commission may appoint an 
service regulations, without regard to the provisions/ governing appointments in 
i 


Commission, which sf 
the report is submitted 
conducl 
Departr 
Justice 
any per 
individl 
(7) TEE 
date on which the Con 
(8) AU 
appropriated to the C' 
Amounts made availat 
SECTION 4. 2 
unconstitutional, the r 
valid and subsisting. 
SECTION 5. 1 
order, letter of instruc 
with, the provisions of 
SECTION 6. E 
publication in at least t 
Approved. 
FN: 1937 
11, with respect to the three (3) year period preceding the date on which 
i 
nder this paragraph - 
i 
I 
i) include the number, type and disposition of all investigations 
1 or supervised by the Department of Justice; 
%) include a summary of the findings of each investigation in which the 
:nt of Justice found that an officer or employee of the Department of 
engaged in willful misconduct; and 
:) be confidential and not disclose information that would interfere with 
ing investigation or improperly infringe upon the privacy rights of any 
1. 
/ITNATION - The Commission shall terminate ninety (90) days after the 
iission submits the report under paragraph (l)(B)(ii). 
HORIZATION OF APPROPRIATIONS -~ 
There is authorized to be 
mission such sums as may be necessary to cany o ut this subsection. 
: under this paragraph shall remain available Until expended. 
~ 
~ 
parability Clause. - If any provision, or part hereof, is held invalid or 
nainder of the law or the provision not otherwise affected shall remain 
pealing Clause. - Any law, presidential decree or issuance, executive 
on, administrative order, rule or regulation contrary to or inconsistent 
lis Act is hereby repealed, modified, or amended accordingly. 
Gctivity Clause. - This Act shall take effect f ifieen ( 15) days after its 
o (2) newspapers of general circulation.