S E N A T E  
S.B.NO. 336 
Introduced by Senator Jinggoy Ejercito Estrada 
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 
as they receive support and approvaI from a public hungry for orderliness. 
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 times 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 
or her family. In so far as the suspect --- whose name and face have already 
appeared in newspapers or television --- is concerned, the harm and damage has 
already been done. 
Presenting suspects to the public before formal charges are filed against 
them violates their human dignity. This 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. 
a ' L  
GGO 
JERCITO ESTRAD / 
Senator 


FOURTEENTH CONGRESS OF THE REPUBLIC 
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~. 
1 
First Regular Session 
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Jill -2 :;; j : I  ij 
OF THE PHILIPPINES 
S E N A T E  
S.B. No. 336 
Introduced by Senator Jinggoy Ejercito Estrada 
AN ACT 
PROHIBITING THE PRESENTATION TO THE MEDIA OR THE PUBLIC OF 
MERE SUSPECTS IN CRIMINAL INVESTIGATIONS PRIOR TO THE 
FILING OF THE FORMAL CHARGES AGAINST THEM 
Be 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 the presumption of innocence of all citizens including those who are 
mere suspects in criminal investigations. 
SECTION 2. Unlawful Act. - It shall be unlawful for any person to present 
publicly or in a press or media 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 the suspect issues a written consent for such a 
public interview with the assistance of counsel. 
SECTION 3. Acts Allowed.- Officials who have custody of a suspect and 
knowledge of his or her arrest may inform the public of 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, including his 
identity and personal circumstances. 
SECTION 4. Access @Media. - Interview by media may be allowed upon 
the written consent of the suspect with the assistance of counsel. No interview 
shall be allowed in the absence of his or her counsel, unless the suspect waives 


his right to counsel in writing prior to such interview. 
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 not exceeding 
Twenty Thousand Pesos (P20,000.00), or both. 
SECTION Et. Repealing Clause. - All laws, presidential decrees, executive 
orders, rules and regulations or parts thereof inconsistent with the provisions of 
this Act are hereby repealed or immediately modified accordingly. 
SECTION 7. Effectivity.- This Act shall take effect fifteen (15) days after 
its publication in a newspaper of general circulation. 
Approved,