. W
■ cOltur o! : (•
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Th/rd Regular Session 
)
24 DEC-4 P3 34
SENATE
S. B. No. 2890
RECEIVED B
Introduced by Senator Robinhood Padilla
AN ACT
PENALIZING THE DELIBERATE USE OF FALSE ADDRESSES IN THE 
ISSUANCE OF SUBPOENA, PROVIDING PENALTIES THEREFOR
The right to due process is enshrined in no less than the supreme law of the land 
- the 1987 Constitution. It guarantees the right of all persons to due process before 
they are deprived of life, liberty, or property. Furthermore, it ensures that no individual 
shall be made to answer for a criminal offense without the safeguards of due process.
It has been held in various cases that criminal due process requires that the 
procedure established by law or the rules be followed to ensure that only the guilty is 
deprived of life or liberty.
A preliminary investigation is an inquiry or proceeding that aims to determine 
whether there is sufficient ground to engender a well-founded belief that a crime has 
been committed and that the respondent is probably guilty thereof, and should be 
held for trial.
As a procedure that is only preparatory to a trial, due process required in 
preliminary investigations has been deemed a statutory privilege that is different from 
the constitutional right to due process. As such, its protection is subject to the 
provisions of the law by which such right is secured.
While a preliminary investigation is not properly a trial but merely precursory 
thereto, it already subjects an accused to an open and public accusation of a crime, 
with the trouble, expense, anxiety, and moral suffering which a criminal prosecution 
and risk of incarceration always entails.
In order to reinforce the protection of the right of an accused against malicious 
and oppressive prosecution, and to protect the state from the possibility of initiating


a misguided prosecution that may result to a waste of valuable time, effort, and 
resources, the passage of this measure is earnestly sought.
pOD PADILLA
Senator


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
o' '■ c
24 DEC-4 P3 34
SENATE
S. B. No. 2890
Rix: :'u
Introduced by Senator Robinhood Padilla
AN ACT
PENALIZING THE DELIBERATE USE OF FALSE ADDRESSES IN THE 
ISSUANCE OF SUBPOENA, PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Prohibition. - Any person who shali deiiberately provide a false
2 
address in the issuance of a subpoena for the purpose of aiiowing the preiiminary
3 
investigation to be conducted ex-parte shail suffer a penalty of imprisonment from six
4 
(6) months to two (2) years and a fine not iess than one hundred thousand pesos
5 
(P100,000.00) but not more than three hundred thousand pesos (P300,000,00).
6 
Sec. 2. Separability Clause. — If any provision of this Act shali be heid
7 
unconstitutionai or invalid, the other provisions not otherwise affected shall remain in
8 
full force and effect.
9 
Sec. 3. Repealing Clause. — All laws, decrees, orders, issuances, and rules and
10 
regulations or parts thereof inconsistent with the provisions of this Act are hereby
11 
repealed or modified accordingly.
12 
Sec. 4. Effectivity Clause. — This Act shali take effect fifteen (15) days after its
13 
publication in the Officiai Gazette or in at ieast two (2) newspapers of general
14 
circulation.
Approved,