Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL no, 2538

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
ORDAINING INSTITUTIONAL RESPONSIBILITY IN GIVING TESTIMONY
IN CRIMINAL CASES AND PROVIDING PENALTIES FOR VIOLATIONS

The Constitution, Article II, Section 14, subparagraph 2, provides:

(2) In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved, and shall enjoy the right to be heard by himself
and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and TO HAVE COMPULSORY PROCESS TO
SECURE THE ATTENDANCE OF WITNESSES and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly
notified and his failure to appear is unjustifiable. (Emphasis supplied)

This constitutional provision guarantees the attendance of witnesses in the prosecution
of criminal cases. The attendance of witnesses is vital to a speedy disposition of cases.
For instance, the prosecution of dangerous drugs cases is usually slow due to lack of
interest of law enforcement officers to appear and testify in court. This is actually true
not only in dangerous drug cases but also in all other cases.

This bill seeks to address this perennial prosecution problem by penalizing by fine or
nment or both, any pul employee who fails or refuses, intentionally or
negligently, to appear as a witness for the prosecution or defense in any criminal
proceeding. This bill also punishes the head of office or agency for failure to exert
reasonable effort to present his subordinate.

Al

LUIS RA) ID “LRAY’/F; VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Queson City

EIGHTEENTH CONGRESS
‘Second Regular Session

8536
HOUSE BILL NO.

introduced by HON, LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
ORDAINING INSTITUTIONAL RESPONSIBILITY IN GIVING TESTIMONY
IN CRIMINAL CASES AND PROVIDING PENALTIES FOR VIOLATIONS

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

SECTIION 1. Penalty of Law Enforcement Officer or Public Employee Who Fails or
Refuses to Appear at a Criminal Proceeding. — Any law enforcement officer or public
employee working for any law enforcement or related agency, who, after due notice, fails
or refuses, intentionally or negligently, to appear either as a prosecution or defense
witness in any criminal proceeding, without any valid reason, shall be liable to pay a fine
of not less than Ten Thousand Pesos (P10,000.00) but not more than Twenty Thousand
Pesos (P20,000.00) or imprisonment of not less than one (1) year nor more than two (2)
years, or both, at the discretion of the court.

SECTION 2. Penalty of Head of Office or Agency or Immediate Superior of Law
Enforcement Officer or Public Employee Who Fails or Refuses to Appear at a Criminal
Proceeding. — The head of office or agency and the immediate superior of the law
enforcement officer or public employee mentioned in Section 1 hereof shall be penalized
with a fine of not less than One Thousand Pesos (P1,000.00) but not more than Ten
Thousand Pesos (P10,000.00) or imprisonment of not less than one (1) month but not
more than six (6) months or both, if despite due notice to them and to the public
employee-witness, the former does not exert reasonable effort to present the public
officer, who, in dereliction of duty, shall cause the failure of said witness to testify.

SECTION 3. Liability under Penal Code or Other Statute. — Prosecution and punishment
under this Act shall be without prejudice to any liability for violation of any provision of the
Revised Penal Code or any other statute.

SECTION 4. Separability Clause. — If any part hereof, is held invalid or unconstitutional,


the remainder of 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
ly.

SECTION 6. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,