CEIVED
Republic of the Philippines 4 ul <4 Ut 2018
HOUSE OF REPRESENTATIVES
Quezon City
17 CONGRESS
‘Third Regular Session

7954

House Bill No.

Introduced by Representative Wes Gatchalian

EXPLANATORY NOTE

“If we cannot fully understand the acts of other people, until we know what they

think they know, then in order to do justice we have to appraise not only the information
which has been at their disposal, but the minds though which they have filtered it."

— Walter Lippmann, Public Opinion

Our constitution mandates the fundamental presumption of innocence of the
accused, It is however an unfortunate reality that ever so often, in the court of public
opinion, the diametrical opposite is true. Worse, is that in some instances, public
outcry spills over the courts of justice and informs the minds of the court. There is
therefore a need to properly filter and frame information disbursed when educating
the public. Thus, the goal of this proposed measure is to set the guidelines and
parameters which the members of the Philippine National Police (PNP) should
follow when discussing and presenting suspects, whether arrested or not, to the
media

In addition to what has been said there is also a more grounded reason for
this law - that is to protect the reputation of an accused guaranteed by Article 17 of
the International Convention on Civil and Political Rights to which the Philippines is
a party to, Whenever the police announce that an individual is suspected of
1g a crime, immediately a stigma attaches to the name of a person
regardless of the strength or weakness of the evidence which exist against him. And
no amount of being declared as innocent vindicates an already tarnished name
which remains in public records. What this law proposes is to impose a reasonable
safeguard before the police could disclose the identity of a suspected person.
Furthermore, when disclosing the identity of the person, the officer must also
disclose evidence which is sufficient to constitute probable cause which he
personally verified. These requirements ensure that no person would be branded by
the police as a criminal before there is tangible evidence against him. It also ensures
that the public will have an opportunity to reasonably consider +H purported
strength of these pieces of evidence.

ON. WES GATCHALIAN
Representative
First District, Vale

juela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
‘Third Regular Session

House Bill No.__7954

Introduced by Representative Wes Gatchalian

AN ACT PRESCRIBING GUIDELINES AND
PARAMETERS IN INFORMATION DISCLOSED.

BY THE PHILIPPINE NATIONAL POLICE TO THE MEDIA
REGARDING PERSONS SUSPECTED OF
COMMITTING CRIMINAL ACTS
AND FOR OTHER SIMILAR PURPOSES

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

SECTION 1. Declaration of Policy - ‘The state shall balance the interest of
protecting the reputation of an accused who is at all times to be presumed as
innocent until proven guilty in a court of law, with the right of the public to
information and protection against suspected unscrupulous practices of
individuals.

SECTION 2. Definition of terms. - For the purposes of this law, the following
terms shall mean:

a.

b.

Arrest - using legal authority to deprive a person of his or her freedom of
movement, with or without warrant;

Domicile - Habitual place of abode of a person, the place to which,
whenever absent for business or pleasure, one intends to return;

Firing Line ~ Presentation in which arrested suspects stand behind police;
Informant - those who covertly provide information about criminal
activity to law enforcement officers;

Media - a person or entity engaged in disseminating information to the
general public through a newspaper, magazine, other publication, radio,
television, cable television, news website, blogs, or other medium of mass
communication;

Occupation - fairly permanent trade, profession, empléyment, business, or
means of livelihood;

Residence - Current place of abode whether for business or pleasure;
Religion - a sincere and meaningful belief that occupies in the life of its
possessor a place parallel to the place held by God in the lives of other
persons;



i. Suspect - Person under suspicion under investigation by law enforcement
officials for committing a crime;

j. Probable cause - Such facts and circumstances sufficient to excite a
reasonable mind to the belief in the existence of the crime and that the
person suspected is the perpetrator of the crime;

k. Wanted Person - a person who is either convicted or accused of a crime
and hiding from law enforcement in the state or taking refuge in a
different country in order to avoid arrest.

SECTION 3. Presentation Before Arrest. - No member of he Philippine National
Police (PNP) shall disclose to the media the identity of a suspect before his arrest
without disclosing all of the following information:

a. The personal circumstances of the suspect, which shall be limited to the
following: name, age, residence, domicile, religious affiliation, and
occupation.

b. The evidence he has presently collected sufficient to constitute probable
cause.

¢. The manner in which he has obtained the evidence. Provided, that if the
evidence was sourced from an informant whose identity is undisclosed,
the investigating officer shall personally verify the information and attest,
to the truth of the information under oath.

SECTION 4. Presentation Upon Arrest. ~ When a member of the PNP presents an
arrested suspect to the media, he shall strictly observe the following:

a. In disclosing the identity of the arrested suspect, the same requirements
in the immediately preceding section shall be observed;

b. In no case shall an arrested suspect be presented to the media in a firing
line. When presenting a suspect, the responsible officer shall ensure that
the arrested suspect is groomed and supporting the attire of his choice;

¢. The arrested suspect, with the aid of competent counsel, shall be allowed
the opportunity to make a statement during the presentation;

d. Inno case shall the arrested suspect be subjected to physical assault;

SECTION 5. Publication Before Arrest. - In publishing of pictures of wanted
persons, the warrant of arrest shall be included along with the information
mandated in Section 3 of this law.

SECTION 6. Limit to Access. - Except as hereinafter provided media access shall
at all times be allowed and guaranteed. Provided, that access shall be limited to
any area or scene of an incident or crime where there is a strong possibility that
evidence maybe damaged, altered, destroyed, or otherwise prejudiced by its
existence being published or portrayed. Provided further, that any limitation to
media access shall not exceed forty-eight (48) hours.

SECTION. 7. Implementing Rules and Regulations. ‘The National Police
Commission shall promulgate implementing rules and regulations and other


issuances as may be necessary to ensure the effective implementation of this law,
including penalties for violations thereof which shall not be less than for Less
Grave Neglect of Duty, within sixty (60) days from its effectivity.

SECTION. 8. Separability Clause. - If any provision of this Act shall be held
unconstitutional, the remainder of the Act not otherwise affected shall remain in
full force and effect.

SECTION. 9. Repealing Clause. ~ All existing laws, presidential decrees, executive
orders, proclamations or administrative regulations that are inconsistent with
the provisions of this Act are hereby amended, modified, superseded, or repealed
accordingly.

Approved,