Truthful Congressional Inquiry Act

Finer oft TWENTIETH CONGRESS OF THE ) JUL 15 Al1 :18 REPUBLIC OF THE PHILIPPINES ) First Regular Session RECENED 5! SENATE S. No. _ Introduced by Senator Robinhood Padilla AN ACT DEFINING UNTRUTHFUL STATEMENT AND FABRICATED EVIDENCE BEFORE CONGRESS IN THE CONDUCT OF THEIR LEGISLATIVE AND OVERSIGHT FUNCTIONS COMMITTED BY GOVERNMENT PERSONNEL AND PROVIDING PENALTIES THEREFOR EXPLANATORY NOTE The principle that public office is a public trust signifies that public officials hold this power in trust to benefit the people and never the interests of a few. Hence, they shall hold themselves accountable and act with the utmost integrity at all times. No one could argue that our government institutions rely on factual and accurate information in order to act in the best interest of our people when it comes to the enforcement of our laws. In the case of Congress, for example, it goes without saying that presenting misleading and inaccurate information or testimony before these bodies impedes the process of fact-finding and policy-making. While the Revised Penal Code of the Philippines currently criminalizes perjury and false testimony, the current penalties are not commensurate with the consequences of receiving false testimonies, especially when coming from government personnel during Congressional proceedings in addressing and protecting the public interest.

Thus, this amendment seeks to introduce a higher penalty for government personnel who commit perjury in any congressional proceeding. It is an attempt to further safeguard the truth and increase the deterrent for making false statements. In light of the foregoing, the immediate enactment of this bill is earnestly sought. ROBINHOOD PADILLA

Fili ts of tin TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL 15 A11:18 First Regular Session RECEN ED 8: SENATE S. No. 610 Introduced by Senator Robinhood Padilla AN ACT DEFINING UNTRUTHFUL STATEMENT AND FABRICATED EVIDENCE BEFORE CONGRESS IN THE CONDUCT OF THEIR LEGISLATIVE AND OVERSIGHT FUNCTIONS COMMITTED BY GOVERNMENT PERSONNEL AND PROVIDING PENALTIES THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. — This Act shall be known as the "Truthful Congressional

2 Inquiry Act.

Sec. 2. Untruthful Statement in Congress. - A penalty of ten (10) years

imprisonment shall be imposed to any personnel of the government who shall 5 knowingly makes untruthful statement or produce fabricated evidence in any 6 proceeding in Congress, in the exercise of its legislative or oversight functions, 7 pertaining to material facts which the Congress seeks to inquire that involves the commission of any of the crimes enumerated or defined and punished under: a. Republic Act No. 7659; b. Title 7 (Crimes Committed by Public Officers) of Act No. 3815 (Revised Penal Code); c. Secs. 65 (a)(5) and (b)(4) of Republic Act No. 9184 (Government Procurement Act); d. Republic Act No. 8524 (National Internal Revenue Code), as amended; e. Republic Act No. 1937 (Tariff and Customs Code), as amended;

f. Republic Act No. 10845 (Anti-Agricultural Smuggling Act of 2016); g. Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act); h. Sec. 166 of Republic Act No. 11232 (Revised Corporation Code); i. Republic Act No. 9160 (Anti-Money Laundering Act of 2001), as amended; j. Republic Act No. 9165 (Dangerous Drugs Act of 2002), as amended; k. Anti-Trafficking in Persons Act of 2003 (RA 9208), as amended; 1. Republic Act No. 11479 (Anti-Terrorism Act of 2020); m. Republic Act No. 10168 (The Terrorism Financing Prevention and Suppression Act of 2012); and n. Batas Pambansa Blg. 881 (Omnibus Election Code), as amended. Provided, That the penalty shall be twenty (20) years imprisonment shall be imposed if the offender is a personnel of the Armed Forces of the Philippines, Philippine National Police, Philippine Coast Guard, the Bureau of Fire Protection, Bureau of Jail Management and Penology, Bureau of Corrections, National Mapping 16 and Resource Information Agency, National Bureau of Investigation, Philippine Drugs 17 Enforcement Agency, other law enforcement agencies, Bureau of Immigration and 18 Deportation, Bureau of Internal Revenue, and Bureau of Customs. In both cases, a fine not to exceed Three Million Pesos (PHP3,000,000.00) and 20 perpetual absolute disqualification from holding any appointive or elective position in any government agency, entity, or instrumentality shall be imposed; the offender shall also not be eligible for executive clemency unless the latter served one-half of the penalty actually imposed by the court.

Sec. 3. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Sec. 4. Repealing Clause. - All laws, decrees, orders, rules and regulations or

parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

2 complete publication in the Official Gazette or in at least two (2) newspapers of general 3 circulation. Approved,