Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL No. _349

RECEIVED \

GATES 30 2027

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Introduced by Honorable Dan S. Fernandez

EXPLANATORY NOTE

Presidential Decree No. 1829, Penalizing Obstruction of Apprehension and
Prosecution of Criminal Offenders, was enacted in 1981. It was enacted "to
discourage public indifference or apathy towards the apprehension and prosecution of
criminal offenders" by penalizing "acts which obstruct or frustrate or tend to obstruct or
frustrate the successful apprehension and prosecution of criminal offenders"

However, 40 years after its enactment, the penalties in PD 1829 are no longer apt in
current times. The penalties are too low which can be considered as negligible
already. And the coverage of the law has to be expanded to address existing
situations.

In view of the foregoing, immediate approval of this measure is earnestly requested.

DAN S. FERNANDEZ
Lone District of Santa Rosa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL NO._349

Introduced by Honorable Dan S. Fernandez

AN ACT
AMENDING PRESIDENTIAL DECREE 1829, "“PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS" BY
INCREASING THE PENALTY AND EXPANDING THE COVERAGE FOR
VIOLATIONS THEREOF, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Section 1 of Presidential Decree 1829 is hereby amended to read as
follows:

Section 1.The penalty of prison correctional in its maximum period
UNDER THE REVISED PENAL CODE, or a fine ranging from
[1,000 to 6,000pesos} FIFTY THOUSAND PESOS (PHP50,000)
TO TWO HUNDRED THOUSAND PESOS (PHP 200,000), or both,
shall be imposed upon any person who knowingly or willfully
obstructs, impedes, frustrates or delays the apprehension of
suspects and the investigation and prosecution of criminal cases by
committing any of the following acts:

(2) preventing witnesses from testifying in any criminal proceeding or
from reporting the commission of any offense or the identity of any
offender's by means of bribery, misrepresentation, deceit,
intimidation, force or threats;

(b) altering, destroying, suppressing orconcealing any paper, record,
document, or object, with intent to impair its verity, authenticity,
legibility, availability, or admissibility as evidence in any investigation
of or official proceedings in, criminal cases, or to be used in the
investigation of, or official proceedings in, criminal cases;

(©) harboring or concealing, or facilitating the escape of, any person he


knows, or has reasonable ground to believe or suspect, has
committed any offense under existing penal laws in order to prevent
his arrest prosecution and conviction;

(d) publicly using a fictitious name for the purpose of concealing a
crime, evading prosecution or the execution of a judgment, or
concealing his true name and other personal circumstances for the
same purpose or purposes;

(e) delaying the prosecution of criminal cases by obstructing the service
of process or court orders or disturbing proceedings in the fiscal's
offices, in Tanodbayan, or in the courts;

() making, presenting or using any record, document, paper or object
with knowledge of its falsity and with intent to affect the course or
outcome of the investigation of, or official proceedings in, criminal
cases;

(g) soliciting, accepting, or agreeing to accept any benefit in
consideration of abstaining from, discounting, or impeding the
prosecution of a criminal offender;

(h) threatening directly or indirectly another with the infliction of any
wrong upon his person, honor or property or that of any immediate
member or members of his family in order to prevent such person
from appearing in the investigation of, or official proceedings in,
criminal cases, or imposing a condition, whether lawful or unlawful,
in order to prevent a person from appearing in the investigation of or
in official proceedings in, criminal cases;

(i) giving of false or fabricated information to mislead or prevent the law
enforcement agencies from apprehending the offender or from
protecting the life or property of the victim; or fabricating information
from the data gathered in confidence by investigating authorities for
purposes of background information and not for publication and
publishing or disseminating the same to mislead the investigatoror
‘to the court.

() DELAYING OR PREVENTING RESPONDING LAW
ENFORCEMENT AUTHORITIES FROM ENTERING AN
ESTABLISHMENT TO INVESTIGATE A CRIME IN PROGRESS
OR A CRIME THAT HAS BEEN COMMITTED;

If any of the acts mentioned herein is penalized by any other law
with a higher penalty, the higher penalty shall be imposed.

IF ANY OF THE FOREGOING ACTS IS COMMITTED BY A
PUBLIC OFFICIAL OR EMPLOYEE, HE SHALL IN ADDITION TO
THE PENALTIES PROVIDED THEREUNDER, SUFFER
PERPETUAL DISQUALIFICATION FROM HOLDING PUBLIC
OFFICE.

Section 2. Section 2 of Presidential Decree 1829 is hereby amended to read
as follows:

Section 2. [If any of the foregoing acts is committed by a public
official or employee, he shall in addition to the penalties provided
thereunder, suffer perpetual disqualification from holding public


office] THE PENALTY OF ARRESTO MAYOR OR A FINE
RANGING FROM TEN THOUSAND PESOS (PHP 10,000.00) TO
ONE HUNDRED THOUSAND PESOS (PHP 100,000.00) SHALL
BE IMPOSED UPON ANY PERSON WHO WITHOUT
AUTHORITY KNOWINGLY OR WILLFULLY GO ACROSS THE
POLICE CORDON OR LINE. THIS IS TO PRESERVE AND
PROTECT THE PIECES OF EVIDENCE THAT WOULD LEAD TO
THE SUCCESSFUL APPREHENSION AND PROSECUTION OF
CRIMINALS.

IF THE ACT IS COMMITTED BY A PUBLIC OFFICIAL OR
EMPLOYEE, HE SHALL ALSO BE SUBJECT TO
ADMINISTRATIVE SANCTIONS,

PROVIDED, THAT ANY AUTHORIZED PERSON WHO
ALLOWS THE COMMISSION OF THE SAID ACT SHALL ALSO
BE SUBJECT TO ADMINISTRATIVESANCTIONS.

Section 3. Separability Clause. - If for any reason any section or provision of this Act
is declared unconstitutional, other provisions hereof which are not affected thereby

shall continue to be in force and effect.

Section 4. Repealing Clause. - Any laws, decrees or rules and regulations which are
inconsistent with or contrary to the provisions of this Act are hereby amended or

repealed.

Section 5. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in the official gazette in at least two (2) national newspapers

of general circulation, whichever comes first.

Approved.