FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 14, subparagraph 2, provides: 
(2) In all criminal prosecutions, the accused shall be presumed innocent 
until the contrary is proved, and shall enjoy the right to be heard by himself and 
counsel, to be informed of the nature and cause of the accusation against him, to 
have a speedy, impartial, and public trial, to meet the witnesses face to face, and 
TO HAVE COMPULSORY PROCESS TO SECURE THE ATTENDANCE OF 
WITNESSES and the production of evidence in his behalf. However, after 
arraignment, trial may proceed notwithstanding the absence of the accused 
provided that he has been duly notified and his failure to appear is unjustifiable. 
(Emphasis supplied) 
This constitutional provision guarantees the attendance of witnesses in the prosecution of 
criminal cases. The attendance of witnesses is vital to a speedy disposition of cases. For instance, 
the prosecution of dangerous drugs cases is usually slow due to lack of interest of law 
enforcement officers to appear and testify in court. This is actually true not only in dangerous 
drug cases but also in all other cases. 
This bill seeks to address this perennial prosecution problem by penalizing by fine or 
imprisonment or both, any public employee who fails or refuses, intentionally or negligently, to 
appear as a witness for the prosecution or defense in any criminal proceeding. This bill also 
punishes the head of office or agency for failure to exert reasonable effort to present his 
subordinate.' 
This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ORDAINING INSTITUTIONAL RESPONSIBILITY IN GIVING TESTIMONY 
IN CRIMINAL CASES AND PROVIDING PENALTIES FOR VIOLATIONS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTIION 1. Penalty of Law Enforcement Officer or Public Employee Who Fails or 
Refuses to Appear at a Criminal Proceeding. - Any law enforcement officer or public employee 
working for any law enforcement or related agency, who, after due notice, fails or refuses, 
intentionally or negligently, to appear either as a prosecution or defense witness in any criminal 
proceeding, without any valid reason, shall be liable to pay a fine of not less than Ten Thousand 
Pesos (Pl0,OOO.OO) but not more than Twenty Thousand Pesos (P20,OOO.OO) or imprisonment of 
not less than one (1) year nor more than two (2) years, or both, at the discretion of the court. 
SECTION 2. Penalty of Head of Office or Agency or Immediate Superior of Law 
Enforcement Ofleer or Public Employee Who Fails or Refuses to Appear at a Criminal 
Proceeding. - The head of office or agency and the immediate superior of the law enforcement 
officer or public employee mentioned in Section 1 hereof shall be penalized with a fine of not 
less than One Thousand Pesos (P1,OOO.OO) but not more than Ten Thousand Pesos (P10,OOO.OO) 
or imprisonment of not less than one (1) month but not more than six (6) months or both, if 
despite due notice to them and to the public employee-witness, the former does not exert 
reasonable effort to present the public officer, who, in dereliction of duty, shall cause the failure 
of said witness to testifv. 
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SECTION 3. Liubility under Penal Code or Other Statute. - Prosecution and punishment 
under this Act shall be without prejudice to any liability for violation of any provision of the 
Revised Penal Code or any other statute. 
SECTION 4. Separability Clause. - If any part hereof, is held invalid or unconstitutional, 
the remainder of the provision not otherwise affected shall remain valid and subsisting. 
SECTION 5. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 6. EfSectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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