d 
6 ‘ L  ’ 
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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
782 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
It is very crucial for law enforcers to conscientiously observe a well-defined 
standard operating procedure in the conduct of an investigation and the subsequent 
handling, custody and safe-keeping of pieces of evidence. A strand of hair, a 
fingerprint, or a one-page document can be very vital for solving cases and for the 
swift delivery of justice to the victims. 
It is unfortunate that countless cases have been dismissed due to failing of 
investigation and mishandling of evidence by authorities. 
This proposed measure seeks to rectify the pernicious practices of law enforcers 
who negligently or deliberately mishandled evidence gathered in the crime scene, by 
penalizing them. 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
MANUEL B. ILLAR, JR. 
Y 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
AN ACT 
PENALIZING THE IMPROPER HANDLING OR SAFEKEEPING OF EVIDENCE OF A 
CRIME UNDER INVESTIGATION 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Declaration of Policy. - It is hereby declared the policy of the State 
to regard collected pieces of evidence from a crime scene or any evidence gathered in 
the conduct of an investigatioh with the utmost importance and caution. Any 
deviation from the well-defined standard operating procedure or infidelity in the 
custody and safekeeping of such evidence shall be considered a criminal offense 
punishable by law. 
SECTION 2. Definition of Terns. 
a. Evidence- the means sanctioned by the Rules of Court of ascertaining 
in a judicial proceeding the truth respecting a matter of fact 
b. Object (Real) evidence- objects as evidence are those addressed to the 
senses of the court; 
c. Documentary evidence- document as evidence consists of writings or 
any material containing letters, words, numbers, figures, symbols or 
other models of written expressions offered as proof of contents 
d. Investigating Authorities- any person authorized by law to conduct a 
criminal investigation, such as, but not limited to, the National Bureau 
of Investigation and the Philippine National Police. 
e. Mishandling- any form of deviation from the well-defined standard 
operating procedures and guidelines in the conduct of an investigation, 
including but not limited to failure to secure the scene of a crime, failure 
to presenre the scene and all pieces of evidence therein, Failure to 
properly secure gathered evidence resulting to its loss or its 
inadmissibility in court as evidence, failure to turnover gathered 
evidence to the proper authorities and infidelity in the safekeeping and 


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custody of gathered evidence resulting to its inadmissibility in court as 
evidence 
SECTION 3. Penalties. - The penalty of prision correctional in its medium period 
shall be imposed upon any of the investigative authorities found guilty of 
mishandling evidence. If the mishandling is proven to be deliberate or maliciously 
done, the penalty shall be prision correctional in its maximum period. 
SECTION 4. Implementing Rules and Regulations - The Secretaries of the 
Department of Interior and Local Government (DILG) and the Department of Justice 
(DOJ) shall jointly prepare the implementing rules and regulations of this Act. 
SECTION 5. Separability Clause- If any provision of this Act is declared 
unconstitutional or invalid, other parts or provisions hereof not affected thereby shall 
continue to be in effect. 
SECTION 6. Repealing Clause- All law, decrees, orders, and rules and 
regulations inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
SECTION 7. Effectivity - This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Appro ued,