SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
Senate Bill No. 26 0 2 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
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PENALIZING MEMBERS OF A LAW ENFORCEMENT AGENCY, OTHER 
GOVERNMENT OFFICIALS OR EMPLOYEES WHO FAIL OR REFUSE TO 
TESTIFY 
AS 
PROSECUTION 
WITNESSES 
IN 
ANY 
CRIMINAL 
PROCEEDINGS AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Quite a number of criminal cases, including those involving grave penal 
offenses/felonies, have been dismissed, or the accused were unduly acquitted, 
due to the failure or deliberate refusal of the prosecution witnesses to appear or 
testify despite due notice. 
In order to prevent such miscarriage of justice in dangerous drugs cases, 
Section 91 of R.A. 9165, otherwise known as the "Comprehensive Dangerous 
Drugs Act of 2002," imposes heavy penalty and fine to "any member of law 
enforcement agencies or any other government official and employee who, after 
due notice, fails or refuses intentionally or negligently, to appear as a witness for 
the prosecution in any proceedings, involving violations of this Act. ... " The same 
law likewise penalizes with imprisonment and fine, including perpetual 
disqualification to hold public office, the immediate supervisor of the erring 
prosecution witness, if despite due notice to them and to the witness concerned, 
the former does not exert reasonable effort to present the latter to the court. 
As explicitly provided in the new Comprehensive Dangerous Drugs Law, 
the sanctions imposable in said law against defiant prosecution witnesses, can 
be applied only in dangerous drugs related cases. As such, said punishment 
cannot be imposed upon erring prosecution witnesses in other criminal cases, 
regardless of its gravity. 
We see no logic nor reason in limiting the protection from miscarriage of 
justice to dangerous drugs related cases. Proper disposition of other criminal 
cases deserve the same concern and protection. 
In view of the foregoing considerations, early passage of this bill is 
earnestly sought. 
OY EJERCITO ESTRADA 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
Senate Bill No. 260 2 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
IE8 -·2 fl.ll:43 
PENALIZING MEMBERS OF A LAW ENFORCEMENT AGENCY, OTHER 
GOVERNMENT OFFICIALS OR EMPLOYEES WHO FAIL OR REFUSE TO 
TESTIFY 
AS 
PROSECUTION 
WITNESSES 
IN 
ANY 
CRIMINAL 
PROCEEDINGS AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Failure or Refusal to Testify as Prosecution Witness in 
Any Criminal Proceedings - Any member of a law enforcement agency or any 
other government official or employee who, after due notice, fails or refuses 
deliberately or negligently, to appear and testify 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. 
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SEC. 2. 
Liability of the Immediate Supervisor -
The immediate 
11 supervisor of the erring prosecution witness shall be penalized with imprisonment 
12 of not less than two (2) months and one (1) day but not more than six (6) years 
13 and a fine of not less than Ten Thousand Pesos (P10,000.OO) but not more than 
14 Fifty Thousand Pesos (P50,000.00) and in addition, perpetual absolute 
15 disqualification to hold office, if despite due notice to them and to the witness 
16 concerned, the former did not exert reasonable effort to present the latter to the 
17 court, or fails to institute appropriate administrative action against such 
18 subordinate for the latter's failure or refusal to testify. 
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SEC. 3. Limitation -
The foregoing provisions shall not apply to 
prosecution witnesses who are called to testify for any violations of Republic Act 
No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 
2002" since they are already covered by the said law. 
SEC. 4. Effectivity_ - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) national newspapers of 
general circulation, whichever comes earlier. 
Approved,