FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION }

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1644

House Bill No._

EXPLANATORY NOTE

Quite a number of criminal cases, including those involving grave penal
offenses/felonies, have been dismissed, or the accused were unduly acquitted,
due to the failure or deliberate refusal of the prosecution witnesses to appear or
testify despite due notice.

In order to prevent such miscarriage of justice in dangerous drugs
cases, Section 91 of RA. 9165, otherwise known as the “Comprehensive
Dangerous Drugs Act of 2002,” imposes heavy penalty and fine to “any
member of law enforcement agencies or any other government official and
employee who, after due notice, fails or refuses intentionally or negligently, to
appear as a witness for the prosecution in any proceedings, involving violations
of this Act....” The same law likewise penalizes with imprisonment and fine,
including perpetual disqualification to hold public office, the immediate
supervisor of the erring prosecution witness, if despite due notice to them and
to the witness concerned, the former does not exert reasonable effort to
present the latter to the court.

As explicitly provided in the new Comprehensive Dangerous Drugs Law,
the sanctions imposable in said law against defiant prosecution witnesses, can
be applied only in dangerous drugs related cases. As such, said punishment
cannot be imposed upon erring prosecution witnesses in other criminal cases,
regardless of its gravity.

We see no logic nor reason in limiting the protection from miscarriage of
justice to dangerous drugs related cases. Proper disposition of other criminal
cases deserve the same concern and protection.

In view of the foregoing considerations, early passage of this bill is
earnestly sought

RUPUS B. IGUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No, 1644

AN ACT
PENALIZING MEMBERS OF A LAW ENFORCEMENT AGENCY, OTHER
GOVERNMENT OFFICIALS OR EMPLOYEES WHO FAIL OR REFUSE TO
TESTIFY AS PROSECUTION WITNESSES IN ANY CRIMINAL
PROCEEDING AND FOR OTHER PURPOSES

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

SECTION 1. Failure or Refusal to Testify as Prosecution Witness in Any
Criminal Proceeding — Any member of a law enforcement agency or any other
government official or employee who, after due notice, fails or refuses
deliberately or negligently, to appear and testify in any criminal proceeding
without justifiable reason, shall be penalized with imprisonment of not less than
twelve (12) years and one (1) day to twenty (20) years and a fine of not less
than Five Hundred Thousand Pesos (P500,000.00) with perpetual
disqualification to hold public office.

SEC. 2. Liability of the Immediate Supervisor - The immediate
supervisor of the erring prosecution witness shall be penalized with
imprisonment of not less than two (2) months and one (1) day but not more
than six (6) years and a fine of not less than Ten Thousand Pesos
(P10,000.00) but not more than Fifty Thousand Pesos (P50,000.00) and in
addition, perpetual absolute disqualification to hold office, if despite due notice
to them and to the witness concemed, the former did not exert reasonable
effort to present the latter to the court, or fails to institute appropriate
administrative action against such subordinate for the latter's failure or refusal
to testify.

SEC. 3. Limitation — The foregoing provisions shall not apply to
prosecution witnesses who are called to testify for any violations of Republic
Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act
of 2002" since they are already covered by the said law.

SEC. 4. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of
general circulation, whichever comes earlier.

Approved.