SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SEN~~76 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
IMPOSING HIGHER PENALTIES FOR THE ACT OF THREATENING OR 
INJURING A MEMBER OF A GOVERNMENT OFFICIAL'S AND LAW 
ENFORCEMENT OFFICER'S FAMILY IN ORDER TO INFLUENCE, IMPEDE, OR 
RETALIATE AGAINST HIM 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 5 states that: 
Section 5. 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 even violence, to force these officials to act in the interests of the perpetrator. These 
inappropriate behavior 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 
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and law enforcement officer's family in order to influence, impede, or retaliate against 
him, either during or after his tenure of office.! 
~ 
4tv. 
J.~ 
MIRIAM DEFE~S~~AG/ -
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I This bill was originally filed in the Thirteenth Congress, Second Regnlar Session. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SEN~E 
S.No. 
~~76 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
15 J1. 28 I' 3 :42 
IMPOSING HIGHER PENALTIES FOR THE ACT OF THREATENING OR 
INJURING A MEMBER OF A GOVERNMENT OFFICIAL'S AND LAW 
ENFORCEMENT OFFICER'S 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 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Freedom from Threats 
2 
Act." 
3 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State 
4 
to maintain peace and order, protect life, liberty, and property, and promote the general 
5 
welfare by allowing its officials to perform their duties without fear of retaliation or 
6 
reprisal from anyone. 
7 
SECTION 3. Definition of Terms. - As used in this Act, the term: 
8 
(A) "Government official" means the President, Vice President, a Member 
9 
of Congress, a Cabinet Member or any head of the executive branch and the 
10 
different heads of law enforcement agencies, and judges, which includes any 
11 
judicial officer of the Philippines, justice of the Supreme Court and the Court of 
12 
Appeals; and judges of all inferior courts. 
13 
(B) "Immediate family member" of an individual means his spouse, 
14 
ascendants, descendants, brother or sister, or any person under his guardianship or 
15 
any other person living in his household and related to him by consanguinity or 
16 
affinity within the sixth civil degree; 
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(C) "Law enforcement officer" means any officer, agent, or employee of 
2 
the Philippines authorized by law to engage in or supervise the prevention, 
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detection, investigation, or prosecution of any violation of criminal laws; 
4 
SECTION 4. Acts Punished. - (A) Whoever assaults, kidnaps, or murders, or 
5 
attempts or conspires to assault, kidnap or murder, or threatens to assault, kidnap or 
6 
murder a member of the immediate family of a government official or a law enforcement 
7 
officer; or threatens to assault, kidnap, or murder, a government official or law 
8 
enforcement officer, with intent to impede, intimidate, or interfere with such official or 
9 
law enforcement officer while engaged in the performance of official duties, or with 
10 
intent to retaliate against such official or law enforcement officer on account of the 
11 
performance of official duties, shall be punished as provided in Section 5. 
12 
(B) Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or 
13 
murder, or threatens to assault, kidnap, or murder, any person who formerly served as a 
14 
person designated in paragraph (A), or a member of the immediate family of any person 
15 
who formerly served as a person designated in paragraph (A), with intent to retaliate 
16 
against such person on account of the performance of official duties during the term of 
17 
service of such person, shall be punished as provided in Section 5. 
18 
SECTION 5. Penalty. - Whoever violates this Act, or any regulation issued 
19 
pursuant thereto, shall be punished with a penalty imposed in the Penal Code for the 
20 
crime is committed but the penalty shall be one degree higher and in no case can the 
21 
penalty be lower than ten (10) years imprisonment plus a fine not lower than Ten 
22 
Thousand Pesos (PIO,OOO.OO). 
23 
SECTION 6. Separability Clause. - If any provision or part hereof is held invalid 
24 
or unconstitutional, the same shall not affect the validity and effectivity of the other 
25 
provisions hereof. 
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1 
SECTION 7. Repealing Clause. - All laws, decrees, orders, and issuances, or 
2 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
3 
repealed, amended or modified accordingly. 
4 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
5 
its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
Irapt24July2015 
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