FIFTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 238 5 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
A number of criminal cases, including dangerous drugs cases, have been 
dismissed due to the failure or deliberate refusal of the prosecution witnesses to 
appear or testify despite due notice. The attendance and participation in court 
proceedings of witnesses is critical in the speedy disposition of cases, 
This bill seeks to address this perennial prosecution problem by penalizing 
by fine or imprisonment or both, any public official or employee who fails or 
refuses, deliberately or negligently, to appear as a witness for the prosecution or 
defense in any criminal proceeding, Any member who fails or refuses shall be 
penalized with imprisonment of not less than twelve (12) years and one (1) day to 
twenty (20) years and a fine of not less than P500,000,00 with perpetual 
disqualification to hold public office, 
This bill also penalizes the immediate supervisor of the erring witness with 
imprisonment of not less than two (2) months and one (1) day but not more than 
six (6) years and a fine of not less than Pi 0,000,00 but not more than 
P50,000,00, He shall have perpetual absolute disqualification to hold office, if 
despite due notice, he did not exert reasonable effort to present the witness in 
court or fails to institute appropriate administrative action against his subordinate, 
This measure is a consolidated/substituted bill drafted by the Committee 
on Justice and Human Rights during the 14th Congress, 
In view of the foregoing, passage of this bill is earnestly sought 


FIFTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 2385 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PENALIZING ANY MEMBER OF LAW ENFORCEMENT AGENCIES, OR ANY 
OTHER GOVERNMENT OFFICIAL OR EMPLOYEE WHO 
FAILS 
OR 
REFUSES TO TESTIFY AS A WITNESS IN ANY CRIMINAL PROCEEDINGS 
. Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Failure or Refusal to Testify as Witness in Any Criminal 
Procef!dings. -
Any member of law enforcement agencies or any other 
government official or employee who, after due notice, fails or refuses 
deliberately or negligently, to appear and testify as a witness in any criminal 
proceedings without justifiable reason, shall be penalized with imprisonment of 
not less than twelve (12) years and one (1) day to twenty (20) years and a fine of 
not less than Five Hundred Thousand Pesos (P500,000.00) with perpetual 
disqualification to hold public office. 
SEC. 2. 
Liability of the Immediate Supervisor. -
The immediate 
supervisor of the erring witness as provided for in Section 1 hereof shall be 
penalized with imprisonment of not less than two (2) months and one (1) day but 
not more than six (6) years and a fine of not less than Ten Thousand Pesos 
(Pi 0,000.00) but not more than Fifty Thousand Pesos (P50,000.00) and, in 
addition, perpetual absolute disqualification to hold office if, despite due notice, 
the former did not exert reasonable effort to present the latter to the court, or fails 
to institute appropriate administrative action against such subordinate for the 
latter's failure or refusal to testify. 
SEC. 3. Scope/Limitation. - Prosecution and punishment under this Act 
shall be without prejudice to any liability for violation of any existing law except 
Section 91 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs 
Act of 2002. 
SEC .. 4. 
Separability Clause -
If any part hereof is held invalid or 
unconstitutional, the remaining provisions not otherwise affected shall remain 
valid and subsisting. 
SEC. 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 accordingly. 


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SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication. 
Approved,