THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular, Session 
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S E N A T E  
S. No. 
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Introduced by Senator ALFRED0 S. LIM 
s. No. 
H. No. 
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 New Comprehensive 
Dangerous Drugs Law”, 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 xxx.” 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 sanctlons 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 deserves the same concern and protection. 
Approval of this bill is, therefore, hereby earnestly requested. 
A 
Sehator 


THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
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First Regular Session 
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Introduced by Senator ALFRED0 S. LIM 
S. No. 
H. No. 
REPUBLIC ACT NO. 
AN ACT 
PENALIZ...O 
MEMBERS 
OF 
A 
LAW 
ENFORCEMENT AOENCY, 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 the House of Representatives of the 
Philippines in Congress assembled: 
Section 1. Failure or refusal to testi& as prosecution witness in any 
criminal proceedings. - Any member of a law enforcement agency or any other 
government official and 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. 


- 2 -  
Section 2. Liabilify of the immediate supervisor. - The immediate 
supervisor of the erring prosecution witness shall be penalized with imprisonment 
of not less than two (2) months and one (I) 
day but not more than six (6) years 
and a fine of not less than Ten Thousand Pesos (P10,OOO.OO) but not more than 
Fifty Thousand 
Pesos (P50,OOO.OO) and, in addition, perpetual absolute 
disqualification to hold office, if despite due notice to them and to the witness 
concerned, 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. 
Section 3. Limitation. - The foregoing provisions shall not apply to 
prosecution witnesses who are called to testify for any violations of The New 
Comprehensive Dangerous Drugs Law since they are already covered by the 
said law. 
Section 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, 
Senator