ACT 3326 (An Act to Establish Prescription for
Violations of Special Acts and Municipal
Ordinances and to Provide When Prescription
Shall Begin [Sections 1 & 2])
SECTION 1. Violations penalized by special
acts shall, unless otherwise provided in such
acts, prescribe in accordance with the
following rules: (a) after a year for offenses
punished only by a fine or by imprisonment
for not more than one month, or both; (b)
after four years for those punished by
imprisonment for more than one month, but
less than two years; (c) after eight years for
those punished by imprisonment for two
years or more, but less than six years; and
(d) after twelve years for any other offense
punished by imprisonment for six years or
more, except the crime of treason, which
shall prescribe after twenty years. Violations
penalized by municipal ordinances shall
prescribe after two months.
SECTION 2. Prescription shall begin to run
from the day of the commission of the
violation of the law, and if the same be not
known at the time, from the discovery
thereof and the institution of judicial
proceeding for its investigation
punishment.
RA 9262 (Anti-Violence Against Women and
Their Children Act; VAWC)[Sections 3, 5, & 26])
SECTION 3. Definition of Terms.- As used in
this Act,
(a) "Violence against women and their
children" refers to any act or a series of acts
committed by any person against a woman
who is his wife, former wife, or against a
woman with whom the person has or had a
sexual or dating relationship, or with whom
he has a common child, or against her child
whether legitimate or illegitimate, within or
without the family abode, which result in or
is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not
limited to, the following acts:
A. "Physical Violence" refers to acts that
include bodily or physical harm;
B. "Sexual violence" refers to an act which is
sexual in nature, committed against a
woman or her child. It includes, but is not
limited to:
a) rape, sexual harassment, acts of
lasciviousness, treating a woman or her child
as a sex object, making demeaning and
sexually suggestive remarks, physically
attacking the sexual parts of the victim's
body, forcing her/him to watch obscene
publications and indecent shows or forcing
the woman or her child to do indecent acts
and/or make films thereof, forcing the wife
and mistress/lover to live in the conjugal
home or sleep together in the same room
and
with the abuser;
b) acts causing or attempting to cause the
victim to engage in any sexual activity by
force, threat of force, physical or other harm
or threat of physical or other harm or
coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or
omissions causing or likely to cause mental
or emotional suffering of the victim such as
but not limited to intimidation, harassment,
stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or
allowing the victim to witness the physical,
sexual or psychological abuse of a member
of the family to which the victim belongs, or
to witness pornography in any form or to
witness abusive injury to pets or to unlawful
or unwanted deprivation of the right to
custody and/or visitation of
children.
D. "Economic abuse" refers to acts that make
or attempt to make a woman financially
dependent which includes, but is not limited
to the following:
1. withdrawal of financial support
preventing the victim from engaging in any
legitimate profession, occupation, business
or activity, except in cases wherein the other
spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the
Family Code;
2. deprivation or threat of deprivation of
financial resources and the right to the use
and enjoyment of the conjugal, community
or property owned in common;
3. destroying household property;
4. controlling the victims' own money or
properties or solely controlling the conjugal
money or properties.
(b) "Battery" refers to an act of inflicting
physical harm upon the woman or her child
resulting to the physical and psychological
or emotional distress.
(c) "Battered Woman Syndrome" refers to a
scientifically defined pattern
psychological and behavioral symptoms
found in women living in
relationships as a result of cumulative
abuse.
(d) "Stalking" refers to an intentional act
committed by a person who, knowingly and
without lawful justification follows the
woman or her child or places the woman or
her child under surveillance directly or
indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation
common
wherein the parties live as husband and wife
without the benefit of marriage or are
romantically involved over time and on a
continuing basis during the course of the
relationship. A casual acquaintance or
ordinary socialization between two
individuals in a business or social context is
or
not a dating relationship.
(f) "Sexual relations" refers to a single sexual
act which may or may not result in the
bearing of a common child.
(g) "Safe place or shelter" refers to any home
or institution maintained or managed by the
Department of Social Welfare and
Development (DSWD) or by any other agency
or voluntary organization accredited by the
DSWD for the purposes of this Act or any
other suitable place the resident of which is
willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen
(18) years of age or older but are incapable
of taking care of themselves as defined
under Republic Act No. 7610. As used in this
Act, it includes the biological children of the
victim and other children under her care.
SECTION 5. Acts of Violence Against Women
and Their Children.- The crime of violence
of against women and their children is
committed through any of the following acts:
battering
(a) Causing physical harm to the woman or
her child;
(b) Threatening to cause the woman or her (f) Inflicting or threatening to inflict physical
child physical harm; harm on oneself for the purpose of
controlling her actions or decisions;
(c) Attempting to cause the woman or her
child physical harm; (g) Causing or attempting to cause the
woman or her child to engage in any sexual
(d) Placing the woman or her child in fear of
activity which does not constitute rape, by
imminent physical harm;
force or threat of force, physical harm, or
(e) Attempting to compel or compelling the through intimidation directed against the
woman or her child to engage in conduct woman or her child or her/his immediate
which the woman or her child has the right to family;
desist from or desist from conduct which the
(h) Engaging in purposeful, knowing, or
woman or her child has the right to engage
reckless conduct, personally or through
in, or attempting to restrict or restricting the
another, that alarms or causes substantial
woman's or her child's freedom of movement
emotional or psychological distress to the
or conduct by force or threat of force,
woman or her child. This shall include, but
physical or other harm or threat of physical
not be limited to, the following acts:
or other harm, or intimidation directed
against the woman or child. This shall (1) Stalking or following the woman or her
include, but not limited to, the following acts child in public or private places;
committed with the purpose or effect of
(2) Peering in the window or lingering outside
controlling or restricting the woman's or her
the residence of the woman or her child;
child's movement or conduct:
(3) Entering or remaining in the dwelling or
(1) Threatening to deprive or actually
on the property of the woman or her child
depriving the woman or her child of custody
against her/his will;
to her/his family;
(4) Destroying the property and personal
(2) Depriving or threatening to deprive the
belongings or inflicting harm to animals or
woman or her children of financial support
pets of the woman or her child; and
legally due her or her family, or deliberately
providing the woman's children insufficient (5) Engaging in any form of harassment or
financial support; violence;

(3) Depriving or threatening to deprive the (i) Causing mental or emotional anguish,
woman or her child of a legal right; public ridicule or humiliation to the woman or
her child, including, but not limited to,
(4) Preventing the woman in engaging in any
repeated verbal and emotional abuse, and
legitimate profession, occupation, business
denial of financial support or custody of
or activity or controlling the victim's own
minor children of access to the woman's
mon4ey or properties, or solely controlling
child/children.
the conjugal or common money, or
properties; SECTION 26. Battered Woman Syndrome as
a Defense. – Victim-survivors who are found
by the courts to be suffering from battered
woman syndrome do not incur any criminal
and civil liability notwithstanding
absence of any of the elements for justifying
circumstances of self-defense under the
Revised Penal Code.
In the determination of the state of mind of
the woman who was suffering from battered
woman syndrome at the time of the
commission of the crime, the courts shall be
assisted by expert psychiatrists/
psychologists.
RA 9344, as amended by RA 10630 (Juvenile
Justice and Welfare Act [Sections 4, 6, & 7])
SECTION 4. Section 8 of Republic Act No.
9344 is hereby amended to read as follows:
"SEC. 8. Juvenile Justice and Welfare Council
(JJWC). – A Juvenile Justice and Welfare
Council (JJWC) is hereby created and
attached to the Department of Social Welfare
and Development and placed under its
administrative supervision. The JJWC shall
be chaired by an Undersecretary of the
Department of Social Welfare
Development. It shall ensure the effective
implementation of this Act and coordination
among the following agencies:
"(a) Department of Justice (DOJ);
"(b) Council for the Welfare of Children
(CWC);
"(c) Department of Education (DepED);
"(d) Department of the Interior and Local
Government (DILG);
"(e) Public Attorney’s Office (PAO);
"(f) Bureau of Corrections (BUCOR);
"(g) Parole and Probation Administration
(PPA);
the
"(h) National Bureau of Investigation (NBI);
"(i) Philippine National Police (PNP);
"(j) Bureau of Jail Management and Penology
(BJMP);
"(k) Commission on Human Rights (CHR);
"(l) Technical Education and Skills
Development Authority (TESDA);
"(m) National Youth Commission (NYC); and
"(n) Other institutions focused on juvenile
justice and intervention programs.
"The JJWC shall be composed of
representatives, whose ranks shall not be
lower than director, to be designated by the
concerned heads of the following
departments or agencies and shall receive
emoluments as may be determined by the
Council in accordance with existing budget
and accounting rules and regulations:
"(1) Department of Justice (DOJ);
"(2) Department of Social Welfare and
and
Development (DSWD);
"(3) Council for the Welfare of Children
(CWC);
"(4) Department of Education (DepED);
"(5) Department of the Interior and Local
Government (DILG);
"(6) Commission on Human Rights (CHR);
"(7) National Youth Commission (NYC);
"(8) Two (2) representatives from NGOs, to
be designated by the Secretary of Social
Welfare and Development, to be selected
based on the criteria established by the
Council;
"(9) Department of Health (DOH); and
"(10) One (1) representative each from the
League of Provinces, League of Cities,
League of Municipalities and League of
Barangays.
"There shall be a Regional Juvenile Justice
and Welfare Committee (RJJWC) in each
region. The RJJWCs will be under the
administration and supervision of the JJWC.
The RJJWC shall be chaired by the director
of the regional office of the DSWD. It shall
ensure the effective implementation of this
Act at the regional and LGU levels and the
coordination among its member agencies.
"The RJJWC will be composed of permanent
representatives who shall have a rank not
lower than an assistant regional director or
its equivalent to be designated by the
concerned department heads from the
following agencies and shall receive
emoluments as may be determined by the
Council in accordance with existing budget
and accounting rules and regulations:
"(i) Department of Justice (DOJ);
"(ii) Department of Social Welfare and
Development (DSWD);
"(iii) Department of Education (DepED);
"(iv) Department of the Interior and Local
Government (DILG);
"(v) Commission on Human Rights (CHR);
"(vi) Department of Health (DOH);
"(vii) Two (2) representatives from NGOs
operating within the region selected by the
RJJWC based on the criteria established by
the JJWC;
"(viii) One (1) sectoral representative from
the children or youth sector within the
region; and
"(ix) One (1) representative from the League
of Provinces/ Cities/ Municipalities/
Barangays of the Philippines.
"The JJWC shall convene within fifteen (15)
days from the effectivity of this Act. The
Secretary of Social Welfare and Development
shall determine the organizational structure
and staffing pattern of the JJWC national
secretariat and the RJJWC secretariat.
"In the implementation of this Act, the JJWC
shall consult with the various leagues of
local government officials.
"The JJWC shall coordinate with the Office of
the Court Administrator and the Philippine
Judicial Academy to ensure the realization of
its mandate and the proper discharge of its
duties and functions, as herein provided.
SECTION 6. Section 20 of Republic Act No.
9344 is hereby amended to read as follows:
"SEC. 20. Children Below the Age of Criminal
Responsibility. – If it has been determined
that the child taken into custody is fifteen
(15) years old or below, the authority which
will have an initial contact with the child, in
consultation with the local social welfare and
development officer, has the duty to
immediately release the child to the custody
of his/her parents or guardian, or in the
absence thereof, the child’s nearest relative.
The child shall be subjected to a community-
based intervention program supervised by
the local social welfare and development
officer, unless the best interest of the child
requires the referral of the child to a youth
care facility or ‘Bahay Pag-asa’ managed by
LGUs or licensed and/or accredited NGOs
monitored by the DSWD.
"The local social welfare and development
officer shall determine the appropriate
programs for the child who has been
released, in consultation with the child and
the person having custody over the child. If
the parents, guardians or nearest relatives
cannot be located, or if they refuse to take
custody, the child may be released to any of
the following:
"(a) A duly registered nongovernmental or
religious organization;
"(b) A barangay official or a member of the
Barangay Council for the Protection of
Children (BCPC);
"(c) A local social welfare and development
officer; or, when and where appropriate, the
DSWD.
"If the child has been found by the local
social welfare and development officer to be
dependent, abandoned, neglected or abused
by his/her parents and the best interest of
the child requires that he/she be placed in a
youth care facility or ‘Bahay Pag-asa’, the
child’s parents or guardians shall execute a
written authorization for the voluntary
commitment of the child: Provided, That if
the child has no parents or guardians or if
they refuse or fail to execute the written
authorization for voluntary commitment, the
proper petition for involuntary commitment
shall be immediately filed by the DSWD or
the Local Social Welfare and Development
Office (LSWDO) pursuant to Presidential
Decree No. 603, as amended, otherwise
known as ‘The Child and Youth Welfare Code’
and the Supreme Court rule on commitment
of children: Provided, further, That the
minimum age for children committed to a
youth care facility or ‘Bahay Pag-asa’ shall be
twelve (12) years old."
"SEC. 20-A. Serious Crimes Committed by
Children Who Are Exempt From Criminal
Responsibility. – A child who is above twelve
(12) years of age up to fifteen (15) years of
age and who commits parricide, murder,
infanticide, kidnapping and serious illegal
detention where the victim is killed or raped,
robbery, with homicide or rape, destructive
arson, rape, or carnapping where the driver or
occupant is killed or raped or offenses under
Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by
more than twelve (12) years of
imprisonment, shall be deemed a neglected
child under Presidential Decree No. 603, as
amended, and shall be mandatorily placed in
a special facility within the youth care faculty
or ‘Bahay Pag-asa’ called the Intensive
Juvenile Intervention and Support Center
(IJISC).
"In accordance with existing laws, rules,
procedures and guidelines, the proper
petition for involuntary commitment and
placement under the IJISC shall be filed by
the local social welfare and development
officer of the LGU where the offense was
committed, or by the DSWD social worker in
the local social welfare and development
officer’s absence, within twenty-four (24)
hours from the time of the receipt of a report
on the alleged commission of said child. The
court, where the petition for involuntary
commitment has been filed shall decide on
the petition within seventy-two (72) hours
from the time the said petition has been filed
by the DSWD/LSWDO. The court will
determine the initial period of placement of
the child within the IJISC which shall not be
less than one (1) year. The multi-disciplinary
team of the IJISC will submit to the court a
case study and progress report, to include a
psychiatric evaluation report and
recommend the reintegration of the child to
his/her family or the extension of the
placement under the IJISC. The multi-
disciplinary team will also submit a report to
the court on the services extended to the
parents and family of the child and the
compliance of the parents in the intervention
program. The court will decide whether the
child has successfully completed the center-
based intervention program and is already
prepared to be reintegrated with his/her
family or if there is a need for the
continuation of the center-based
rehabilitation of the child. The court will
determine the next period of assessment or
hearing on the commitment of the child."
"SEC. 20-B. Repetition of Offenses. – A child
who is above twelve (12) years of age up to
fifteen (15) years of age and who commits
an offense for the second time or oftener:
Provided, That the child was previously
subjected to a community-based
intervention program, shall be deemed a
neglected child under Presidential Decree
No. 603, as amended, and shall undergo an
intensive intervention program supervised by
the local social welfare and development
officer: Provided, further, That, if the best
interest of the child requires that he/she be
placed in a youth care facility or ‘Bahay Pag-
asa’, the child’s parents or guardians shall
execute a written authorization for the
voluntary commitment of the child: Provided,
finally, That if the child has no parents or
guardians or if they refuse or fail to execute
the written authorization for voluntary
commitment, the proper petition for
involuntary commitment shall be
immediately filed by the DSWD or the LSWDO
pursuant to Presidential Decree No. 603, as
amended."
"SEC. 20-C. Exploitation of Children for
Commission of Crimes. – Any person who, in
the commission of a crime, makes use, takes
advantage of, or profits from the use of
children, including any person who abuses
his/her authority over the child or who, with
abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce,
threaten or instigate the commission of the
crime, shall be imposed the penalty
prescribed by law for the crime committed in
its maximum period."
"SEC. 20-D. Joint Parental Responsibility. –
Based on the recommendation of the multi-
disciplinary team of the IJISC, the LSWDO or
the DSWD, the court may require the parents
of a child in conflict with the law to undergo
counseling or any other intervention that, in
the opinion of the court, would advance the
welfare and best interest of the child.
"As used in this Act, ‘parents’ shall mean any
of the following:
"(a) Biological parents of the child; or
"(b) Adoptive parents of the child; or
"(c) Individuals who have custody of the
child.
"A court exercising jurisdiction over a child in
conflict with the law may require the
attendance of one or both parents of the
child at the place where the proceedings are
to be conducted.
"The parents shall be liable for damages
unless they prove, to the satisfaction of the
court, that they were exercising reasonable
supervision over the child at the time the
child committed the offense and exerted
reasonable effort and utmost diligence to
prevent or discourage the child from
committing another offense."
"SEC. 20-E. Assistance to Victims of
Offenses Committed by Children. – The
victim of the offense committed by a child
and the victim’s family shall be provided the
appropriate assistance and psychological
intervention by the LSWDO, the DSWD and
other concerned agencies."
SECTION 7. Section 22 of Republic Act No.
9344 is hereby amended to read as follows:
"SEC. 22. Duties During Initial Investigation.
– The law enforcement officer shall, in
his/her investigation, determine where the
case involving the child in conflict with the
law should be referred.
"The taking of the statement of the child
shall be conducted in the presence of the
following: (1) child’s counsel of choice or in
the absence thereof, a lawyer from the Public
Attorney’s Office; (2) the child’s parents,
guardian, or nearest relative, as the case may
be; and (3) the local social welfare and
development officer. In the absence of the
child’s parents, guardian, or nearest relative,
and the local social welfare and development
officer, the investigation shall be conducted
in the presence of a representative of an
NGO, religious group, or member of the
BCPC.
"The social worker shall conduct an initial
assessment to determine the appropriate
interventions and whether the child acted
with discernment, using the discernment
assessment tools developed by the DSWD.
The initial assessment shall be without
prejudice to the preparation of a more
comprehensive case study report. The local
social worker shall do either of the following:
"(a) Proceed in accordance with Section 20 if
the child is fifteen (15) years or below or
above fifteen (15) but below eighteen (18)
years old, who acted without discernment;
and
"(b) If the child is above fifteen (15) years old
but below eighteen (18) and who acted with
discernment, proceed to diversion under the
following chapter."
*See also: A.M. No. 02-1-19-SC (Rule on
Commitment of Children) and A.M. No. 02-1-18-SC
(Rule on Juveniles in Conflict with the Law)
PD 1866, as amended by RA 8294 (Laws on
Illegal/Unlawful Possession, Manufacture,
Dealing in, Acquisition, Disposition, of Firearms
or Explosives [Section 1])
SECTION 1. Sec. 1 Presidential Decree No.
1866, as amended, is hereby further
amended to read as follows:
"Sec. 1. Unlawful manufacture, sale,
acquisition, disposition or possession of
firearms or ammunition or instruments used
or intended to be used in the manufacture of
firearms or ammunition. – The penalty of
prision correccional in its maximum period
and a fine of not less than Fifteen thousand
pesos (P15,000) shall be imposed upon any
person who shall unlawfully manufacture,
deal in, acquire, dispose, or possess any low
powered firearm, such as rimfire handgun,
.380 or .32 and other firearm of similar
firepower, part of firearm, ammunition, or
machinery, tool or instrument used or
intended to be used in the manufacture of
any firearm or ammunition: Provided, That no
other crime was committed.
"The penalty of prision mayor in its minimum
period and a fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is
classified as high powered firearm which
includes those with bores bigger in diameter
than .38 caliber and 9 millimeter such as
caliber .40, .41, .44, .45 and also lesser
calibered firearms but considered powerful
such as caliber .357 and caliber .22 center-
fire magnum and other firearms with firing
capability of full automatic and by burst of
two or three: Provided, however, That no
other crime was committed by the person
arrested.
"If homicide or murder is committed with the
use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an
aggravating circumstance.
their residence in the course of their
employment.
"The penalty of arresto mayor shall be
imposed upon any person who shall carry
any licensed firearm outside his residence
without legal authority therefor."
RA 9165 (Comprehensive Dangerous Drugs Act
of 2002 [Sections 25, 26, 33, 34, 66-71, 92, 98]
SECTION 25. Qualifying Aggravating
Circumstances in the Commission of a Crime
by an Offender Under the Influence of
Dangerous Drugs. – Notwithstanding the
provisions of any law to the contrary, a
positive finding for the use of dangerous
drugs shall be a qualifying aggravating
circumstance in the commission of a crime
by an offender, and the application of the
penalty provided for in the Revised Penal
Code shall be applicable.

"If the violation of this Sec. is in furtherance SECTION 26. Attempt or Conspiracy. – Any
of or incident to, or in connection with the attempt or conspiracy to commit the
crime of rebellion or insurrection, sedition, or following unlawful acts shall be penalized by
attempted coup d'etat, such violation shall the same penalty prescribed for the
be absorbed as an element of the crime of commission of the same as provided under
rebellion, or insurrection, sedition, or this Act:
attempted coup d'etat.
(a) Importation of any dangerous drug
"The same penalty shall be imposed upon and/or controlled precursor and essential
the owner, president, manager, director or chemical;
other responsible officer of any public or
private firm, company, corporation or entity, (b) Sale, trading, administration,
who shall wilfully or knowingly allow any of dispensation, delivery, distribution and
the firearms owned by such firm, company, transportation of any dangerous drug and/or
corporation or entity to be used by any controlled precursor and essential chemical;
person or persons found guilty of violating (c) Maintenance of a den, dive or resort
the provisions of the preceding paragraphs where any dangerous drug is used in any
or willfully or knowingly allow any of them to form;
use unlicensed firearms or firearms without
any legal authority to be carried outside of
(d) Manufacture of any dangerous drug other direct evidence available for the State
and/or controlled precursor and essential other than the information and testimony of
chemical; and said informant or witness; and

(e) Cultivation or culture of plants which are (5) The informant or witness shall strictly
sources of dangerous drugs. and faithfully comply without delay, any
condition or undertaking, reduced into
SECTION 33. Immunity from Prosecution and
writing, lawfully imposed by the State as
Punishment. – Notwithstanding the
further consideration for the grant of
provisions of Section 17, Rule 119 of the
immunity from prosecution and punishment.
Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the Provided, further, That this immunity may be
Witness Protection, Security and Benefit Act enjoyed by such informant or witness who
of 1991, any person who has violated does not appear to be most guilty for the
Sections 7, 11, 12, 14, 15, and 19, Article II of offense with reference to which his/her
this Act, who voluntarily gives information information or testimony were given:
about any violation of Sections 4, 5, 6, 8, 10, Provided, finally, That there is no direct
13, and 16, Article II of this Act as well as any evidence available for the State except for
violation of the offenses mentioned if the information and testimony of the said
committed by a drug syndicate, or any informant or witness.
information leading to the whereabouts,
SECTION 34. Termination of the Grant of
identities and arrest of all or any of the
Immunity. – The immunity granted to the
members thereof; and who willingly testifies
informant or witness, as prescribed in
against such persons as described above,
Section 33 of this Act, shall not attach
shall be exempted from prosecution or
should it turn out subsequently that the
punishment for the offense with reference to
information and/or testimony is false,
which his/her information of testimony were
malicious or made only for the purpose of
given, and may plead or prove the giving of
harassing, molesting or in any way
such information and testimony in bar of
prejudicing the persons described in the
such prosecution: Provided, That the
preceding Section against whom such
following conditions concur:
information or testimony is directed against.
(1) The information and testimony are In such case, the informant or witness shall
necessary for the conviction of the persons be subject to prosecution and the enjoyment
described above; of all rights and benefits previously accorded
him under this Act or any other law, decree or
(2) Such information and testimony are not
order shall be deemed terminated.
yet in the possession of the State;
In case an informant or witness under this
(3) Such information and testimony can be
Act fails or refuses to testify without just
corroborated on its material points;
cause, and when lawfully obliged to do so, or
(4) the informant or witness has not been should he/she violate any condition
previously convicted of a crime involving accompanying such immunity as provided
moral turpitude, except when there is no above, his/her immunity shall be removed
and he/she shall likewise be subject to
contempt and/or criminal prosecution, as the
case may be, and the enjoyment of all rights
and benefits previously accorded him under
this Act or in any other law, decree or order
shall be deemed terminated.
In case the informant or witness referred to
under this Act falls under the applicability of
this Section hereof, such individual cannot
avail of the provisions under Article VIII of
this Act.
SECTION 66. Suspension of Sentence of a
First-Time Minor Offender. – An accused
who is over fifteen (15) years of age at the
time of the commission of the offense
mentioned in Section 11 of this Act, but not
more than eighteen (18) years of age at the
time when judgment should have been
promulgated after having been found guilty
of said offense, may be given the benefits of
a suspended sentence, subject to the
following conditions:
(a) He/she has not been previously convicted
of violating any provision of this Act, or of
the Dangerous Drugs Act of 1972, as
amended; or of the Revised Penal Code; or of
any special penal laws;
(b) He/she has not been previously
committed to a Center or to the care of a
DOH-accredited physician; and
(c) The Board favourably recommends that
his/her sentence be suspended.
While under suspended sentence, he/she
shall be under the supervision and
rehabilitative surveillance of the Board, under
such conditions that the court may impose
for a period ranging from six (6) months to
eighteen (18) months.
Upon recommendation of the Board, the
court may commit the accused under
suspended sentence to a Center, or to the
care of a DOH-accredited physician for at
least six (6) months, with after-care and
follow-up program for not more than
eighteen (18) months.
In the case of minors under fifteen (15) years
of age at the time of the commission of any
offense penalized under this Act, Article 192
of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code,
as amended by Presidential Decree No. 1179
shall apply, without prejudice to the
application of the provisions of this Section.
SECTION 67. Discharge After Compliance
with Conditions of Suspended Sentence of a
First-Time Minor Offender. – If the accused
first time minor offender under suspended
sentence complies with the applicable rules
and regulations of the Board, including
confinement in a Center, the court, upon a
favorable recommendation of the Board for
the final discharge of the accused, shall
discharge the accused and dismiss all
proceedings.
Upon the dismissal of the proceedings
against the accused, the court shall enter an
order to expunge all official records, other
than the confidential record to be retained by
the DOJ relating to the case. Such an order,
which shall be kept confidential, shall restore
the accused to his/her status prior to the
case. He/she shall not be held thereafter to
be guilty of perjury or of concealment or
misrepresentation by reason of his/her
failure to acknowledge the case or recite any
fact related thereto in response to any
inquiry made of him for any purpose.
SECTION 68. Privilege of Suspended
Sentence to be Availed of Only Once by a
First-Time Minor Offender. – The privilege of
suspended sentence shall be availed of only
once by an accused drug dependent who is a
first-time offender over fifteen (15) years of
age at the time of the commission of the
violation of Section 15 of this Act but not
more than eighteen (18) years of age at the
time when judgment should have been
promulgated.
SECTION 69. Promulgation of Sentence for
First-Time Minor Offender. – If the accused
first-time minor offender violates any of the
conditions of his/her suspended sentence,
the applicable rules and regulations of the
Board exercising supervision
rehabilitative surveillance over him, including
the rules and regulations of the Center
should confinement be required, the court
shall pronounce judgment of conviction and
he/she shall serve sentence as any other
convicted person.
SECTION 70. Probation or Community
Service for a First-Time Minor Offender in
Lieu of Imprisonment. – Upon promulgation
of the sentence, the court may, in its
discretion, place the accused
probation, even if the sentence provided
under this Act is higher than that provided
under existing law on probation, or impose
community service in lieu of imprisonment.
In case of probation, the supervision and
rehabilitative surveillance shall
undertaken by the Board through the DOH in
coordination with the Board of Pardons and
Parole and the Probation Administration.
Upon compliance with the conditions of the
probation, the Board shall submit a written
report to the court recommending
termination of probation and
discharge of the probationer, whereupon the
court shall issue such an order.
The community service shall be complied
with under conditions, time and place as may
be determined by the court in its discretion
and upon the recommendation of the Board
and shall apply only to violators of Section
15 of this Act. The completion of the
community service shall be under the
supervision and rehabilitative surveillance of
the Board during the period required by the
court. Thereafter, the Board shall render a
report on the manner of compliance of said
community service. The court in its
discretion may require extension of the
community service or order a final discharge.
and
In both cases, the judicial records shall be
covered by the provisions of Sections 60 and
64 of this Act.
If the sentence promulgated by the court
requires imprisonment, the period spent in
the Center by the accused during the
suspended sentence period shall be
deducted from the sentence to be served.
SECTION 71. Records to be kept by the
Department of Justice. – The DOJ shall keep
under a confidential record of the proceedings on
suspension of sentence and shall not be
used for any purpose other than to determine
whether or not a person accused under this
Act is a first-time minor offender.
SECTION 92. Delay and Bungling in the
be
Prosecution of Drug Cases. – Any
government officer or employee tasked with
the prosecution of drug-related cases under
this act, who, through patent laxity,
inexcusable neglect, unreasonable delay or
deliberately causes the unsuccessful
prosecution and/or dismissal of the said
a final
drug cases, shall suffer the penalty of
imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years without
prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal
Code.
SECTION 98. Limited Applicability of the
Revised Penal Code. – Notwithstanding any
law, rule or regulation to the contrary, the
provisions of the Revised Penal Code (Act
No. 3814), as amended, shall not apply to the
provisions of this Act, except in the case of
minor offenders. Where the offender is a
minor, the penalty for acts punishable by life
imprisonment to death provided herein shall
be reclusion perpetua to death.
PD 749 (Granting Immunity From Prosecution
To Givers Of Bribes And Other Gifts And To
Their Accomplices In Bribery And Other Graft
Cases Against Public Officers)
WHEREAS, public office is a public trust:
public officers are but servants of the people,
whom they must serve with utmost fidelity
and integrity;
WHEREAS, it has heretofore been virtually
impossible to secure the conviction and
removal of dishonest public servants owing
to the lack of witnesses: the bribe or gift-
givers being always reluctant to testify
against the corrupt public officials and
employees concerned for fear of being
indicted and convicted themselves of bribery
and corruption;
WHEREAS, it is better by far and more
socially desirable, as well as just, that the
bribe or gift giver be granted immunity from
prosecution so that he may freely testify as
to the official corruption, than that the
official who receives the bribe or gift should
be allowed to go free, insolently remaining in
public office, and continuing with his
nefarious and corrupt practices, to the great
detriment of the public service and the public
interest.
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by
virtue of the powers in me vested by the
Constitution, do hereby decree and order
that:
SECTION 1. Any person who voluntarily gives
information about any violation of Articles
210, 211, and 212 of the Revised Penal Code;
Republic Act Numbered Three Thousand
Nineteen, as amended; Section 345 of the
Internal Revenue Code and Section 3604 of
the Tariff and Customs Code and other
provisions of the said Codes penalizing
abuse or dishonesty on the part of the public
officials concerned; and other laws, rules and
regulations punishing acts of graft,
corruption and other forms of official abuse;
and who willingly testifies against any public
official or employee for such violation shall
be exempt from prosecution or punishment
for the offense with reference to which his
information and testimony were given, and
may plead or prove the giving of such
information and testimony in bar of such
prosecution: Provided; that this immunity
may be enjoyed even in cases where the
information and testimony are given against
a person who is not a public official but who
is a principal, or accomplice, or accessory in
the commission of any of the above-
mentioned violations: Provided, further, that
this immunity may be enjoyed by such
informant or witness notwithstanding that he
offered or gave the bribe or gift to the public
official or his accomplice for such gift or
bribe-giving; and Provided, finally, that the
following conditions concur:
1. The information must refer
consummated violations of any of the above-
mentioned provisions of law, rules and
regulations;
2. The information and testimony are
necessary for the conviction of the accused
public officer;
3. Such information and testimony are not
yet in the possession of the State;
4. Such information and testimony can be
corroborated on its material points; and
5. The informant or witness has not been
previously convicted of a crime involving
moral turpitude.
SECTION 2. The immunity granted hereunder
shall not attach should it turn
subsequently that the information and/or
testimony is false and malicious or made
only for the purpose of harassing, molesting
or in any way prejudicing the public officer
denounced. In such a case, the public officer
so denounced shall be entitled to any action,
civil or criminal, against said informant or
witness.
SECTION 3. All preliminary investigations
conducted by a prosecuting fiscal, judge or
committee, and all proceedings undertaken
in connection therewith, shall be strictly
confidential or private in order to protect the
reputation of the official under investigation
in the event that the report proves to be
unfounded or no prima facie case is
established.
SECTION 4. All acts, decrees and rules and
regulations inconsistent with the provisions
of this decree are hereby repealed or
modified accordingly.
to SECTION 5. This Decree shall take effect
immediately.
PD 1731 (Providing For Rewards And
Incentives To Government Witnesses And
Informants And Other Purposes)
WHEREAS, reports from law enforcement
agencies reveal that crimes against National
Security or Public Order and
organized/syndicated crime in the country
are becoming sophisticated, diversified, and
widespread;
WHEREAS, such criminal activities have
resulted not only in the wanton destruction
of lives and properties but have likewise
weakened the Nation's economic stability,
out
threatened its security and undermined the
general welfare of its citizens;
WHEREAS, said criminal activities continue
to grow because of inadequate evidence-
gathering process of the law and the
seeming apathy of the citizens in testifying
against entrenched and feared malefactors;
WHEREAS, there is an imperative need to
neutralize crimes against National Security
or Public Order or organized/syndicated
crime in this country before they grow to
unmanageable proportions by providing
rewards, incentives, protection and, in certain
cases, immunity from criminal prosecution
to government witnesses, so that the total
commitment of our people on the side of law
enforcement may be encouraged.
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by
virtue of the powers vested in me by the SECTION 2. Whenever in the judgment of the
Constitution, do hereby order and decree the Minister of National Defense testimony from,
following: or willingness to testify by a witness, would
place in danger the witness' life or person, or
SECTION 1. Definition of Terms. The
the life or person of a member of his family
following terms shall mean and be
or household, the Minister of National
understood/construed as follows:
Defense, upon the recommendation of the
(a) Government means the Republic of the Chief of the Philippine Constabulary or the
Philippines, any political subdivision, or any chief of any law enforcement agency, is
department, agency, or instrumentality hereby authorized to:
thereof.
(a) Provide for the security of such witness
(b) Organized/Syndicated Crime means any who testified/is willing to testify, or who
crime committed by an provided/is willing to provide a vital
organized/syndicated crime group, including, information leading to the arrest and/or
but not limited to, arson, robbery (hold-up), prosecution of any member of an
kidnapping for ransom, prostitution, illegal organized/syndicated crime group or person
recruitment, carnapping, smuggling and who participated in any
piracy, cattle rustling, illicit drug trafficking, organized/syndicated criminal activity, or in
labor rackets, land title rackets, manufacture crimes against national security and public
and/or circulation of fake documents, order.
license, stamps, currencies, and other
(b) Purchase, rent or remodel protected
government forms, counterfeiting and bank
housing facilities and to otherwise offer to
frauds, consumer frauds and other illegal
provide measures for the health, safety, and
activities of such groups.
welfare of such witnesses and potential
(c) Organized/Syndicated Crime Group witnesses and their families. Any person
means a group of two (2) or more persons availing himself of an offer by the Minister of
collaborating, confederating or mutually National Defense to use such facilities may
helping one another in the commission of continue to use such facilities for as long as
any organized/syndicated crime. the Minister of National Defense determines
that there is danger to his life or his person.
(d) Witness shall refer to any person who,
having organs of sense, can perceive and, (c) Upon application of such witnesses,
perceiving, can make known his perception relocate and/or provide new identities to
to others. them and their immediate members of their
families. For all legal purposes, such grant of
(e) Vital information shall mean any
new domiciles and new identities as duly
information, document, book, writing or any
certified by the Minister of National Defense,
other evidence necessary to build up to the
shall be valid and binding on all courts,
people's case and/or secure the conviction
ministries, agencies and instrumentalities of
of criminals.
the government as though acquired under
the provisions of existing law.
(d) Grant monetary reward to any such or the Minister of Justice, as the case may
witnesses in the amounts herein below be, be immune from criminal prosecution for
provided: his participation or involvement in any such
criminal activity which is the subject of the
1. If the penalty imposable for the crime
investigation or prosecution, in addition to
committed is life imprisonment to death, the
the benefits under Sec. 2 hereof: Provided,
amount of the reward shall be 50,000.00
that, immunity from criminal prosecution
pesos;
shall, in the case of a witness offering to
2. If the penalty imposable for the crime testify, attach only upon his actually
committed is imprisonment of from twelve testifying in court in accordance with his
years and one day to twenty years, the undertaking as accepted by the state
amount of the reward shall be 40,000.00 prosecutor, fiscal, or military lawyer:
pesos; Provided, further, that the following
conditions are complied with:
3. If the penalty imposable for the crime
committed is imprisonment of from six years (a) There is absolute necessity for the
and one day to twelve years, the amount of testimony of the witness and/or the
the reward shall be 30,000.00 pesos ; information given by him regarding the
existence or activity of a group involved in
4. If the penalty imposable for the crime
crimes against national security or public
committed is imprisonment below six years
order or of an organized/syndicated crime or
and one day, the amount of the reward shall
crime group, and/or the culpability of
be 25,000.00 pesos.
individual members thereof;
SECTION 3. Whenever in the judgment of the
(b) That there is no other direct evidence
prosecutor or fiscal the testimony of any
available for the proper prosecution of the
witness, who is provided security by the
offense committed, except such testimony
Minister of National Defense pursuant to
and/or such information given by him;
Section 2 above, is necessary, proper
application for his production and (c) That such testimony or information can
appearance shall be filed with the Ministry of be substantially corroborated in its material
National Defense. points; and

SECTION 4. Any such informant or witness (d) The witness, if he is a suspect,

who shall testify, or provide vital information, respondent or defendant in a case either
regarding the existence or activity of a group under investigation, or filed in court, does not
involved in the commission of crimes appear to be the most guilty.
against national security or public order, or
SECTION 5. In all criminal cases, the fact of
of an organized/syndicated crime or crime
the witness' entitlement to the incentives
group, and/or the culpability of the individual
and other benefits provided for in this Decree
members thereof in accordance with this
shall not be admissible in evidence to
Decree shall, upon recommendation of the
diminish or effect his credibility.
state prosecutor, fiscal or military lawyer, as
approved by the Minister of National Defense
SECTION 6. The Minister of National Defense is necessary or convenient to determine the
and the Minister of Justice are authorized to truth in any investigation conducted by it or
call directly on other ministries, bureaus, under its authority;
offices and other instrumentalities or
agencies of the government, including
government-owned or controlled RA 6646 (An Act Introducing Additional
corporations, in the accomplishment of the Reforms in the Electoral Systems and for other
above tasks. Purposes [Section 26])

SECTION 7. The amount of ten million pesos SECTION 26. COMELEC Hearings and
(P10,000,000.00) is hereby appropriated out Proceedings. - In all hearings, inquiries, and
of any funds in the National Treasury not proceedings of the Commission, including
otherwise appropriated to carry into effect preliminary investigations of election
the provisions of this Decree. offenses, no person subpoenaed to testify as
a witness shall be excused from attending
SECTION 8. The Minister of National Defense
and testifying or from producing books,
and the Minister of Justice shall jointly
papers, correspondence, memoranda and
promulgate the necessary rules and
other records on the ground that the
regulations to effectively implement the
testimony or evidence, documentary or
provisions of this Decree.
otherwise, required of him, may tend to
SECTION 9. All laws, rules and regulations incriminate him or subject him to
which are inconsistent with this Decree are prosecution: Provided, That no person shall
hereby repealed and/or modified be prosecuted criminally for or on account of
accordingly. any matter concerning which he is
compelled, after having claimed the privilege
SECTION 10. Separability clause The
against self-incrimination, to testify and
provisions of this Decree are hereby declared
produce evidence, documentary or
to be separable, and in the event one or more
otherwise.
of such provisions are held unconstitutional,
the validity of other provisions shall not be Under such terms and conditions as it may
affected thereby. determine, the Commission may grant
immunity from criminal prosecution to any
SECTION 11. This Act shall take effect upon
person whose testimony or whose
its approval.
possession and production of documents or
other evidence may be necessary to
determine the truth in any hearing, inquiry or
Article XIII, Section 18(8), 1987 Constitution
proceeding being conducted by the
(Power of the Commission on Human Rights to
Commission or under its authority, in the
Grant Immunity)
performance or in the furtherance of its
(8) Grant immunity from prosecution to any constitutional functions and statutory
person whose testimony or whose objectives. The immunity granted under this
possession of documents or other evidence and the immediately preceding paragraph
shall not exempt the witness from criminal or false testimony nor shall he be exempt
prosecution for perjury or false testimony. from demotion or removal from office.

Any refusal to appear or testify pursuant to

the foregoing provisions shall be subject to
RA 6770 (Ombudsman Act of 1989 [Section
punishment for contempt and removal of the
17])
immunity from criminal prosecution.
SECTION 17. Immunities. — In all hearings,
inquiries, and proceedings of the
Ombudsman, including preliminary RA 6981 (Witness Protection Security Benefit
investigations of offenses, nor person Act)
subpoenaed to testify as a witness shall be
SECTION 1. Name of Act. - This Act shall be
excused from attending and testifying or
known as the "Witness Protection, Security
from producing books, papers,
and Benefit Act".
correspondence, memoranda and/or other
records on the ground that the testimony or SECTION 2. Implementation of Program. -
evidence, documentary or otherwise, The Department of Justice, hereinafter
required of him, may tend to incriminate him referred to as the Department, through its
or subject him to prosecution: provided, that Secretary, shall formulate and implement a
no person shall be prosecuted criminally for "Witness Protection, Security and Benefit
or on account of any matter concerning Program", hereinafter referred to as the
which he is compelled, after having claimed Program, pursuant to and consistent with
the privilege against self-incrimination, to the provisions of this Act.
testify and produce evidence, documentary
The Department may call upon any
or otherwise.
department, bureau, office or any other
Under such terms and conditions as it may executive agency to assist in the
determine, taking into account the pertinent implementation of the Program and the latter
provisions of the Rules of Court, the offices shall be under legal duty and
Ombudsman may grant immunity from obligation to render such assistance.
criminal prosecution to any person whose
SECTION 3. Admission into the Program. -
testimony or whose possession and
Any person who has witnessed or has
production of documents or other evidence
knowledge or information on the
may be necessary to determine the truth in
commission of a crime and has testified or is
any hearing, inquiry or proceeding being
testifying or about to testify before any
conducted by the Ombudsman or under its
judicial or quasi-judicial body, or before any
authority, in the performance or in the
investigating authority, may be admitted into
furtherance of its constitutional functions
the Program:
and statutory objectives. The immunity
granted under this and the immediately Provided, That:
preceding paragraph shall not exempt the
witness from criminal prosecution for perjury a) the offense in which his testimony will be
used is a grave felony as defined under the
Revised Penal Code, or its equivalent under approved by the President of the Senate or
special laws; the Speaker of the House of Representatives,
as the case may be.
b) his testimony can be substantially
corroborated in its material points; SECTION 5. Memorandum of Agreement
With the Person to be Protected. - Before a
c) he or any member of his family within the
person is provided protection under this Act,
second civil degree of consanguinity or
he shall first execute a memorandum of
affinity is subjected to threats to his life or
agreement which shall set forth his
bodily injury or there is a likelihood that he
responsibilities including:
will be killed, forced, intimidated, harassed or
corrupted to prevent him from testifying, or a) to testify before and provide information
to testify falsely, or evasively, because or on to all appropriate law enforcement officials
account of his testimony; and concerning all appropriate proceedings in
connection with or arising from the activities
d) he is not a law enforcement officer, even if
involved in the offense charged;
he would be testifying against the other law
enforcement officers. In such a case, only b) to avoid the commission of the crime;
the immediate members of his family may
c) to take all necessary precautions to avoid
avail themselves of the protection provided
detection by others of the facts concerning
for under this Act.
the protection provided him under this Act;
If the Department, after examination of said
d) to comply with legal obligations and civil
applicant and other relevant facts, is
judgments against him;
convinced that the requirements of this Act
and its implementing rules and regulations e) to cooperate with respect to all reasonable
have been complied with, it shall admit said requests of officers and employees of the
applicant to the Program, require said Government who are providing protection
witness to execute a sworn statement under this Act; and
detailing his knowledge or information on the
f) to regularly inform the appropriate
commission of the crime, and thereafter
program official of his current activities and
issue the proper certification. For purposes
address.
of this Act, any such person admitted to the
Program shall be known as the Witness. SECTION 6. Breach of the Memorandum of
Agreement. - Substantial breach of the
SECTION 4. Witness in Legislative
memorandum of agreement shall be a
Investigations. - In case of legislative
ground for the termination of the protection
investigations in aid of legislation, a witness,
provided under this Act: Provided, however,
with his express consent, may be admitted
That before terminating such protection, the
into the Program upon the recommendation
Secretary of Justice shall send notice to the
of the legislative committee where his
person involved of the termination of the
testimony is needed when in its judgment
protection provided under this Act, stating
there is pressing necessity therefor:
therein the reason for such termination.
Provided, That such recommendation is
SECTION 7. Confidentiality of Proceedings. -
All proceedings involving application for
admission into the Program and the action
taken thereon shall be confidential in nature.
No information or documents given or
submitted in support thereof shall be
released except upon written order of the
Department or the proper court.
Any person who violates the confidentiality
of said proceedings shall upon conviction be
punished with imprisonment of not less than
one (1) year but not more than six (6) years
and deprivation of the right to hold a public
office or employment for a period of five (5)
years.
SECTION 8. Rights and Benefits. - The
witness shall have the following rights and
benefits:
(a) To have a secure housing facility until he
has testified or until the threat, intimidation
or harassment disappears or is reduced to a
manageable or tolerable level. When the
circumstances warrant, the Witness shall be
entitled to relocation and/or change of
personal identity at the expense of the
Program. This right may be extended to any
member of the family of the Witness within
the second civil degree of consanguinity or
affinity.
(b) The Department shall, whenever
practicable, assist the Witness in obtaining a
means of livelihood. The Witness relocated
pursuant to this Act shall be entitled to a
financial assistance from the Program for his
support and that of his family in such
amount and for such duration as the
Department shall determine.
(c) In no case shall the Witness be removed
from or demoted in work because or on
account of his absences due to his
attendance before any judicial or quasi-
judicial body or investigating authority,
including legislative investigations in aid of
legislation, in going thereto and in coming
therefrom: Provided, That his employer is
notified through a certification issued by the
Department, within a period of thirty (30)
days from the date when the Witness last
reported for work: Provided, further, That in
the case of prolonged transfer or permanent
relocation, the employer shall have the
option to remove the Witness from
employment after securing clearance from
the Department upon the recommendation of
the Department of Labor and Employment.
Any Witness who failed to report for work
because of witness duty shall be paid his
equivalent salaries or wages corresponding
to the number of days of absence
occasioned by the Program. For purposes of
this Act, any fraction of a day shall constitute
a full day salary or wage. This provision shall
be applicable to both government and
private employees.
(d) To be provided with reasonable travelling
expenses and subsistence allowance by the
Program in such amount as the Department
may determine for his attendance in the
court, body or authority where his testimony
is required, as well as conferences and
interviews with prosecutors or investigating
officers.
(e) To be provided with free medical
treatment, hospitalization and medicines for
any injury or illness incurred or suffered by
him because of witness duty in any private or
public hospital, clinic, or at any such
institution at the expense of the Program.
(f) If a Witness is killed, because of his
participation in the Program, his heirs shall
be entitled to a burial benefit of not less than
Ten thousand pesos (P10,000.00) from the
Program exclusive of any other similar
benefits he may be entitled to under other
existing laws.
(g) In case of death or permanent incapacity,
his minor or dependent children shall be
entitled to free education, from primary to
college level in any state, or private school,
college or university as may be determined
by the Department, as long as they shall
have qualified thereto.
SECTION 9. Speedy Hearing or Trial. - In any
case where a Witness admitted into the
Program shall testify, the judicial or quasi-
judicial body, or investigating authority shall
assure a speedy hearing or trial and shall
endeavor to finish said proceeding within
three (3) months from the filing of the case.
SECTION 10. State Witness. - Any person
who has participated in the commission of a
crime and desires to be a witness for the
State, can apply and, if qualified as
determined in this Act and by the
Department, shall be admitted into the
Program whenever the following
circumstances are present:
(a) the offense in which his testimony will be
used is a grave felony as defined under the
Revised Penal Code or its equivalent under
special laws;
(b) there is absolute necessity for his
testimony;
(c) there is no other direct evidence available
for the proper prosecution of the offense
committed:
(d) his testimony can be substantially
corroborated on its material points;
(e) he does not appear to be most guilty; and
(f) he has not at any time been convicted of
any crime involving moral turpitude.
An accused discharged from an information
or criminal complaint by the court in order
that he may be a State Witness pursuant to
Section 9 and 10 of Rule 119 of the Revised
Rules of Court may upon his petition be
admitted to the Program if he complies with
the other requirements of this Act. Nothing in
this Act shall prevent the discharge of an
accused, so that he can be used as a State
Witness under Rule 119 of the Revised Rules
of Court.
SECTION 11. Sworn Statement. - Before any
person is admitted into the Program
pursuant to the next preceding Section he
shall execute a sworn statement describing
in detail the manner in which the offense
was committed and his participation therein.
If after said examination of said person, his
sworn statement and other relevant facts,
the Department is satisfied that the
requirements of this Act and its
implementing rules are complied with, it may
admit such person into the Program and
issue the corresponding certification.
If his application for admission is denied,
said sworn statement and any other
testimony given in support of said
application shall not be admissible in
evidence, except for impeachment purposes.
SECTION 12. Effect of Admission of a State
Witness into the Program. - The certification
of admission into the Program by the
Department shall be given full faith and
credit by the provincial or city prosecutor
who is required not to include the Witness in
the criminal complaint or information and if
included therein, to petition the court for his
discharge in order that he can utilized as a
State Witness. The Court shall order the
discharge and exclusion of the said accused
from the information.
Admission into the Program shall entitle
such State Witness to immunity from
criminal prosecution for the offense or
offenses in which his testimony will be given
or used and all the rights and benefits
provided under Section 8 hereof.
SECTION 13. Failure or Refusal of the
Witness to Testify. - Any Witness registered
in the Program who fails or refuses to testify
or to continue to testify without just cause
when lawfully obliged to do so, shall be
prosecuted for contempt. If he testifies
falsely or evasively, he shall be liable to
prosecution for perjury. If a State Witness
fails or refuses to testify, or testifies falsely
or evasively, or violates any condition
accompanying such immunity without just
cause, as determined in a hearing by the
proper court, his immunity shall be removed
and he shall be subject to contempt or
criminal prosecution. Moreover, the
enjoyment of all rights and benefits under
this Act shall be deemed terminated.
The Witness may, however, purge himself of
the contumacious acts by testifying at any
appropriate stage of the proceedings.
SECTION 14. Compelled Testimony. - Any
Witness admitted into the Program pursuant
to Sections 3 and 10 of this Act cannot
refuse to testify or give evidence or produce
books, documents, records or writings
necessary for the prosecution of the offense
or offenses for which he has been admitted
into the Program on the ground of the
constitutional right against self-incrimination
but he shall enjoy immunity from criminal
prosecution and cannot be subjected to any
penalty or forfeiture for any transaction,
matter or thing concerning his compelled
testimony or books, documents, records and
writings produced.
In case of refusal of said Witness to testify
or give evidence or produce books,
documents, records, or writings, on the
ground of the right against self-incrimination,
and the state prosecutor or investigator
believes that such evidence is absolutely
necessary for a successful prosecution of
the offense or offenses charged or under
investigation, he, with the prior approval of
the department, shall file a petition with the
appropriate court for the issuance of an
order requiring said Witness to testify, give
evidence or produce the books, documents,
records, and writings described, and the
court shall issue the proper order.
The court, upon motion of the state
prosecutor or investigator, shall order the
arrest and detention of the Witness in any jail
contiguous to the place of trial or
investigation until such time that the
Witness is willing to give such testimony or
produce such documentary evidence.
SECTION 15. Perjury or Contempt. - No
Witness shall be exempt from prosecution
for perjury or contempt committed while
giving testimony or producing evidence
under compulsion pursuant to this Act. The
penalty next higher in degree shall be
imposed in case of conviction for perjury.
The procedure prescribed under Rule 71 of
the Rules of Court shall be followed in
contempt proceedings but the penalty to be
imposed shall not be less than one (1) month implement the intent and purposes of this
but not more than one (1) year Act. Said rules and regulations shall be
imprisonment. published in two (2) newspapers of general
circulation.
SECTION 16. Credibility of Witness. - In all
criminal cases, the fact of the entitlement of SECTION 19. Repealing Clause. - All laws,
the Witness to the protection and benefits decrees, executive issuances, rules and
provided for in this Act shall not be regulations inconsistent with this Act are
admissible in evidence to diminish or affect hereby repealed or modified accordingly.
his credibility.
SECTION 20. Funding. - The amount of Ten
SECTION 17. Penalty for Harassment of million pesos (P10,000,000.00) is hereby
Witness. - Any person who harasses a authorized to be appropriated out of any
Witness and thereby hinders, delays, funds in the National Treasury not otherwise
prevents or dissuades a Witness from: appropriated to carry into effect the purpose
of this Act.
(a) attending or testifying before any judicial
or quasi-judicial body or investigating Expenses incurred in the implementation of
authority; the Program may be recovered as part of the
cost or indemnity imposed upon the
(b) reporting to a law enforcement officer or
accused.
judge the commission or possible
commission of an offense, or a violation of Furthermore, other funding schemes or
conditions or probation, parole, or release sources, subject to the limitations of the law,
pending judicial proceedings; shall be allowed in furtherance hereof.

(c) seeking the arrest of another person in SECTION 21. Separability Clause. - The
connection with the offense; declaration of unconstitutionality or
invalidity of any provision of this Act shall
(d) causing a criminal prosecution, or a
not affect the other provisions hereof.
proceeding for the revocation of a parole or
probation; or SECTION 22. Effectivity.

(e) performing and enjoying the rights and

benefits under this Act or attempts to do so,
RA 9485 (Anti-Red Tape Act of 2007 [Section.
shall be fined not more than Three thousand
15])
pesos (P3,000.00) or suffer imprisonment of
not less than six (6) months but not more SECTION 15 Immunity; Discharge of Co-
than one (1) year, or both, and he shall also Respondent/Accused to be a Witness. - Any
suffer the penalty of perpetual public official or employee or any person
disqualification from holding public office in having been charged with another under this
case of a public officer. Act and who voluntarily gives information
pertaining to an investigation or who
SECTION 18. Rules and Regulations. - The
willingly testifies therefore, shall be exempt
Department shall promulgate such rules and
from prosecution in the case/s where his/her
regulations as may be necessary to
information and testimony are given. The
discharge may be granted and directed by
the investigating body or court upon the
application or petition of any of the
respondent/accused-informant and before
the termination of the investigation:
Provided, That:

(a) There is absolute necessity for the

testimony of the respondent/accused-
informant whose discharge is requested;

(b) There is no other direct evidence

available for the proper prosecution of the
offense committed, except the testimony of
said respondent/accused-informant;

(c) The testimony of said

respondent/accused-informant can be
substantially corroborated in its material
points;

(d) The respondent/accused-informant has

not been previously convicted of a crime
involving moral turpitude; and

(e) Said respondent/accused-informant does

not appear to be the most guilty.

Evidence adduced in support of the

discharge shall automatically form part of
the records of the investigation. Should the
investigating body or court deny the motion
or request for discharge as a witness, his/her
sworn statement shall be inadmissible as
evidence.