THIRTEENTH CONGRESS OF THE RESPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
&? 
~~~~~V~~ 
:_I___ 
He23 
S E N A T  
S. B. No. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, 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 compulsoy process to secwe 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 witnesses 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. 
This bill s eeks to address this p erennial prosecution problem b y penalizing by fine or 
imprisonment or both, any public employee who fails or refuses, intentionally or negligently, to 
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. 


,! 
THIRTEENTH CONGRESS OF THE RESPUBLIC) 
OF THE PHILPPINES 
) 
-3 $ 3 2 3  
First Regular Session 
) 
fiy 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ORDAINING INSTITUTIONAL RESPONSIBILITY IN GIVING TESTLVONY 
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 (Pl0,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 officer or public employee mentioned in Section1 hereof shall be penalized with a 
fine of not less than One Thousand Pesos (P1,OOO.OO) 
but not more than Ten Thousand Pesos 
(Pl0,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 dereliction of duty, 
shall cause the failure of said witness to testify. 
SECTION 3. Prosecution and punishment under this Act shall be without 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. 
SECTION 5 . R epeuling Clause. - Any 1 aw, p residential decree o r i ssuance, 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. 
SECTION 6. Efectivity. - This Act shall take effect after fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
FN: 1040 CMH