THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 5 provides that: 
The maintenance of peace and order, the protection of life, liberty, and 
property, and promotion of the general welfare are essential for the enjoyment by 
all the people of the blessings of democracy. 
This bill seeks to implement this policy by imposing higher penalties for people who 
would threaten or injure a member of a government official's family in order to influence, 
impede, or retaliate against him, either during or after his tenure in office. 
Government officials are civil servants and are expected to observe a higher degree of 
care in their dealings and actuations as evidenced by the existence of various laws which regulate 
their conduct. However, there are instances when a government official is forced to exercise less 
than appropriate behavior, violating laws in some cases, because of fear, not for his own safety 
but for the safety of his family. 
Government officials and their families are constantly subject to threats, blackmail and 
These 
even violence to force these officials to act in the interests of the perpetrator. 
inappropriate behaviors or actions do not cease even if the government official is no longer in 
office. Hence, in order to deter these people from interfering with the duties of government 
officers, as well as law enforcement officers, this bill aims to impose higher penalties on anyone 
who would threaten or injure a member of a government official's and law enforcement officer's 
family in order to influence, impede, or retaliate against him, either during or after his tenure of 
ofice 


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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
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BY :+*,- 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
IMPOSING HIGHER PENALTIES FOR THE ACT OF THREATENING OR INJURING A 
MEMBER OF A GOVERNMENT O F F I C I a S  AND LAW ENFORCEMENT OFFICERS 
FAMILY IN ORDER TO INFLUENCE, IMPEDE, OR RETALIATE AGAINST HIM 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congvess assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Freedom from Threats Act 
of 2005.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
maintain peace and order, protect life, liberty, and property, and promote the general welfare by 
allowing its officials to perform their duties without fear of retaliation or reprisal from anyone. 
SECTION 3. Definition of Terms. - As used in this section, the term - 
(a) “Law enforcement officer” means any officer, agent, or employee of the 
Philippines authorized by law to engage in or supervise the prevention, detection, 
investigation, or prosecution of any violation of criminal laws; 
(b) “Immediate family member” of an individual means his spouse, ascendants, 
descendants, brother or sister, or any person under his guardianship or any other person 
living in his household and related to him by consanguinity or affinity within the sixth 
civil degree; 
(c) “Government official” means the President, Vice President, a Member of 
Congress, a Cabinet Member or any head of the executive branch, the heads of law 
enforcement agencies, and judges, which includes any judicial officer of the Philippines, 
justice of the Supreme Court and the Court of Appeals; and judges of all inferior courts. 


SECTION 4. Acts Punished. - 
(a) Whoever assaults, kidnaps, or murders, or attempts or conspires to assault, 
kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate 
family of a government official or a law enforcement officer; or threatens to assault, 
kidnap, or murder, a government official or law enforcement officer, with intent to 
impede, intimidate, or interfere with such official or law enforcement officer while 
engaged in the performance of official duties, or with intent to retaliate against such 
official or law enforcement officer on account of the performance of official duties, shall 
be punished as provided in Section 5. 
(b) Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or 
murder, or threatens to assault, kidnap, or murder, any person who formerly served as a 
person designated in paragraph (a), or a member of the immediate family of any person 
who formerly served as a person designated in paragraph (a), with intent to retaliate 
against such person on account of the performance of official duties during the term of 
service of such person, shall be punished as provided in Section 5 
SECTION5. Penal@. - Whoever violates this Act, or any regulation issued pursuant 
thereto, shall be punished with a penalty imposed in the Penal Code for the crime/s committed 
but the penalty shall be one degree higher and in no case can the penalty be lower than ten (IO) 
years imprisonment plus a fine not lower than ten thousand pesos Cpl0,OOO.OO). 
SECTION 6. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 7. 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, 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,