THIRTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
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,
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II _- 
Introduced by Senator Juan M. Flavier 
I
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I 
Explanatory Note 
Our Law enforcement agencies are always under pressure to solve 
crimes, particularly the high-profile cases, at the earliest possible time. 
Due to the clamor of the people for peace and order, the police are only 
too eager to please and thereby receive support and approval from a 
hungry public. 
Today, law enforcement agencies usually present a suspect or a set 
of suspects in a press conference with. an announcement that a case has 
been solved. It is during these press conferences that the public gets a 
first glimpse of the suspects. 
In the process of presenting suspects in a press conference, 
' 
however, some fundamental rights are violated. While an accused enjoys 
due process and the constitutional presumption of innocence, a suspect 
who is presented in a press conference is subjected to unwanted 
publicity. Even if the charges, if at all they are filed, are later dismissed, 
the zeal of our law enforcers in showing that they are on top of a case 
could besmirch the name and reputation of a suspect or his/her family. 
In so far as the suspect - whose name and face have already appeared in 
newspapers or television - is concerned, the harm has already been done. 
Presenting suspects to the public before formal charges are filed 
against them violates their human dignity. The bill proposes that those 
who present suspects in a press conference be held criminally, civilly or 
administratively liable. The bill also proposes certain guidelines on what 
the police can do to keep the public informed as to the status of pending 
high- profile cases. 
The approval of this bill is earnestly requested. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
$ '* 'J 
S. NO. 
'-.- 
Introduced by Senator Juan M. Flavier 
AN ACT 
PROHIBITING THE PRESENTATION TO THE PRESS OR PUBLIC OF 
SUSPECTS IN CRIMINAL INVESTIGATIONS BEFORE CASES ARE 
FORMALLY FILED AGAINST THE SUSPECTS 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. 
Declaration of Policy. - It is the policy of the State 
to safeguard the right to presumption of innocence of all citizens 
including suspects in criminal investigations. 
SECTION 2. 
Unlawfil Act. - It shall be unlawful for any 
person to present publicly or in a press conference any suspect who is 
being investigated by a government office for possible criminal liability 
before formal charges are filed against him or her, unless there is a 
written consent by the suspect with the assistance of counsel. Anyone 
who has custody prior to the filing of formal charges in court. 
This Act, however, does not apply to suspects who are at large or 
for whom warrants of arrest have been issued. 
Their names and 
photographs can be provided to the public for dissemination in order to 
facilitate their arrest. 
SECTION 3. 
Acts Allowed. - Officials who have custody of a 
suspect and knowledge of his or her arrest may inform the public the fact 
that a suspect 'has been arrested, the crime for which he or she was 
arrested, the time, date, place, manner and other circumstances 
concerning the arrest but should not include the identity and personal 
circumstances of the suspect. 
SECTION 4. 
Access of Media. - Interview by media may be 
allowed upon the suspect's written consent with assistance of counsel. 
No interview shall be allowed without the presence of counsel unless the 
suspect waives such privilege in writing. 


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SECTION 5. Penalty. - Any person who shall violate this Act shall 
suffer the penalty of Six Months and One Day to Six Years or a fine of 
Twenty Thousand Pesos or both. 
If the offender is member of the police force, law enforcement 
agency or the Philippine Bar, the penalty to be imposed shall be Six 
Years and One Day to Eight Years. 
SECTION 6. 
Repealing Clause. - All 
laws, presidential 
decrees, executive orders, rules and regulations or parts thereof 
inconsistent with provisions of this Act are hereby repealed or 
immediately modified accordingly. 
SECTION 7. 
Effectivity. - This Act shall take effect fifteen (1 5) 
days after its publication in at least two (2) national newspapers of 
general circulation. 
Approved,