Senate Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES MAR 10 P12 :21 First Regular Session SENATE RECEIVED BY: 1957 S. No. _ Introduced by Senator Robinhood Padilla AN ACT PENALIZING THE DELIBERATE USE OF FALSE ADDRESSES IN THE ISSUANCE OF SUBPOENA, PROVIDING PENALTIES THEREFOR EXPLANATORY NOTE 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 are 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 entail. 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 in a waste of valuable time, effort, and resources, the passage of this measure is earnestly sought. senator d4)
Senate Office of the Sccretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 26 MAR 10 P12:21 First Regular Session ) SENATE RECEIVED BY: S. No. 1957 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:
Section 1. Prohibition. - Any person who shall deliberately provide a false
2 address in the issuance of a subpoena for the purpose of allowing the preliminary 3 investigation to be conducted ex-parte shall suffer a penalty of imprisonment from six 4 (6) months to two (2) years and a fine not less than one hundred thousand pesos 5 (P100,000.00) but not more than three hundred thousand pesos (P300,000,00).
Sec. 2. Separability Clause. - If any provision of this Act is declared
7 unconstitutional, the remainder hereof not otherwise affected shall remain in full force 8 and effect. Sed. 3. Repealing Clause. - All other laws, presidential decrees, executive 10 orders, letters of instruction, proclamations, administrative orders, rules or regulations that are inconsistent with this Act are hereby repealed, amended, or modified 12 accordingly.
Sec. 4. Effectivity. - This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or in a newspaper of general circulation. Approved,