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OF THE PHILIPPINES
First Regular Session

SIXTEENTH CONGRESS OF THE REPUBLIC)
)

HOUSE OF REPRESENTATIVES.
H. NO. 324

Introduced by Representative Joseller “Yeng” M. Guiao

Explanatory Note

This bill was originally filed by former Senator Flavier in the 10 Congress
and seeks to safeguard the constitutional presumption of innocence of persons
suspected of having committed crimes. | am re-filing this measure because |
believe in what it stands for.

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
and thereby receive support and approval from a hungry public.

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 press conferences 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/her family. In so far as the suspect - whose name and face have already
appeared in newspapers or television - is concerned, the harm has already been
done.

Presenting suspects to the public before formal charges are filed against
them violates their human dignity. The 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.

NGM. GUIAO
‘epresentative
District, Pampanga


SIXTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

n.no,__324

Introduced by Representative Joseller “Yeng” M. Guiao

AN ACT
PROHIBITING THE PRESENTATION TO THE PRESS OR PUBLIC OF
SUSPECTS IN CRIMINAL INVESTIGATIONS BEFORE CASES ARE
FORMALLY FILED AGAINST THE SUSPECTS

Be it 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 presumption of innocence of all citizens including suspects
in criminal investigations.

SECTION 2. Unlawful Act. — It shall be unlawful for any person to present
publicly or in a press conference any suspect who is being investigated by a
government office for possible criminal liability before formal charges are filed
against him or her in court, unless there is a written consent by the suspect with
the assistance of counsel.

This Act, however, does not apply to suspects who are at large or for
whom warrants of arrest have been issued. Their names and photographs can
be provided to the public for dissemination in order to facilitate their arrest

SECTION 3. Acts Allowed. — Officials who have custody of a suspect and
knowledge of his or her arrest may inform the public 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 but should not include the
identity and personal circumstances of the suspect.

SECTION 4. Access of Media. — Interview by media may be allowed upon
the suspect's written consent with assistance of counsel. No interview shall be
allowed without the presence of counsel unless the suspect waives such
privilege in writing,

SECTION 5. Penaity. — Any person who shall violate this Act shall suffer
the penalty of imprisonment of not less than Six Months and One Day to Six
Years or a fine of Twenty Thousand Pesos, or both fine and imprisonment at the
discretion of the court.

If the offender is 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.


SECTION 6. Repealing Clause. — All laws, presidential decrees, executive
orders, rules and regulations or parts thereof inconsistent with 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 at least two (2) national newspapers of general circulation.

Approved,