THIRTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
OF THE PHILIPPINES 
1 
’04 
JiiL “7 P4 5 9  
) 
I
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, 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 4tnesses are 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 
dugs cases but also in all other cases. 
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This bill seeks to address this perennial prosecution problem by penalizing 
imprisonment or both, any public employee who fails or refuses, intentionally or 
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. 


i 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
) 
'04 
.iliL 27 ? B 5 9  
OF THE PHILIPPINES 
First Regular Session 
1 
** 
I 
Introduced by Senator Miriam Defensor Santiago 
I 
AN ACT 
ORDAINING INSTITUTIONAL RESPONSIBILITY IN GIVING TESTIMONY 
IN CRIMINAL CASES AND PROVIDING PENALTIES FOR VIOLATIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. - 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 (PlO,OOO.OO) 
but not more than TWENTY THOUSAND PESOS (P20,OOO.OO) 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. - The head of office or agency and the immediate superior of the law 
enforcement sfficer or p&%c employee mentioned in Section 1 hereof shall be penalized with a 
fine of not less than ONE THOUSAND PESOS (P1,OOO.OO) but not more than TEN 
THOUSAND PESOS (PlO,OOO.OO) 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 employee-witness to the court. 
The same penalty shall be imposed upon any public officer, who, in derelictio 
shall cause the failure of said witness to testify. 
SECTION 3. - Prosecution and punishment under this Act shall be wihtout prejudice to 
any liability for violation of any provision of the Revised Penal Code or any other statute. 


SECTION 4. Separability Clause. If any of this Act is held invalid or unconstitutional, 
the remainder of the law or the provision not otherwise affected shall remain valid and effective. 
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SECTION 6. EflectivQ. - This Act shall take effect after fifteen (15) day:; 
publication in at least two (2) newspapers of general circulation. 
SECTION 5 .  Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rules or regulations contrary to or inconsistent 
with, the provisions of this Act are hereby repealed, modified, or amended accordingly. 
after its 
, . !  , 
Approved. 
FN: 1040 
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