, 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
J\JN 30 
First Regular Session 
OF THE PHILIPPINES 
) 
k 
S E N A T E  
.* 
Introduced by Senator S. R. OsmeAa 111 
EXPLANATORY NOTE 
For more than a decade now, members of our law enforcement agencies 
have greatly suffered from a reputation so low they are obeyed more out of fear 
than out of 
respect. 
The proliferation of Kotong cops, kidnap-for-ransom 
syndicates and drug syndicates 
allegedly protected by hig h-ranking police 
officials have all contributed to the public's loss of respect for them. 
In an effort to combat this perception, they have resorted to their public 
One of these gimmicks is 
relations personnel to counter the bad perceptions. 
the presentation of suspects allegedly wanted for a criminal or civil case. 
In the process, the human rights of these suspects are violated. Families 
and friends are unjustly embarrassed to watch their kin being presented to the 
media and the public without following the rule of presumption of innocence. 
Worse is when the cases are ultimately dismissed, the reputation of a person 
goes down the drain and retrieving it could be as hard as building it. 
To avoid these incidents from happening again, this bill is being proposed. 
Members of law enforcement agencies who will be in violation of this law be held 
criminally, civilly or be administratively liable. This bill also proposes certain 
guidelines as to what these law enforcement agencies can do to keep the public 
informed about the status of high-profile cases. 
In view of the foregoing, approval of this bill is earnestly requested. 
& 
, 
SERGIO OSMENA Ill 
Senator 
isher 


"04 &bl 30 pL3 "18 
THIRTEENTH CONGRESS OF THE PHILIPPINE 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S. No. 251 
Introduced by Senator S. R. Osmefia 111 
AN ACT 
PROHIBITING THE PRESENTATION TO THE PRESS O R  PUBLIC OF 
SUSPECTS 
IN CRIMINAL 
INVESTIGATION§ 
BEFORE 
CASES 
ARE 
FORMALLY FILED AGAINST THE SUSPECTS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Declaration of Policy. - It is a policy of the State to safeguard 
2 the right to presumption of innocence of all citizens including suspects in criininal 
3 
investigations. 
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SEC. 2. Unlawful Act. - It shall be unlawful for any person to present 
5 
publicly or in a press conference any suspect who is being investigated by a 
6 
government office for possible criminal liability before formal charges are filed 
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against him or her, unless there is a written consent by the suspect with the 
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assistance of counsel. 
9 
This Act, however, does not apply to suspects who are at large or for 
10 
whom warrants of arrest have been issued. Their names and photographs can 
11 
be provided to the public for dissemination in order to facilitate their arrest. 
12 
SEC. 3. Acts Allowed. - Officials who have custody of a suspect and 
13 
knowledge of his or her arrest may inform the public the fact that a suspect has 
14 
been arrested, the crime for which he or she was arrested, the time, date, place, 
15 
manner and other circumstances concerning the arrest but should not include the 
1 G 
identity and personal circumstances concerning the arrest. 
17 
SEC. 4. Access of Media. - Interview by media may be allowed upon the 
18 
suspect's written consent with the assistance of counsel. No interview shall be 


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allowed without the presence of counsel unless the suspect waives such 
privilege in writing. 
SEC. 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 a 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. 
SEC. 6. 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. 
SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspaper of general circulation. 
Approved,