WHEREAS,
public office is a public trust: public officers are but servants of
the people, whom they must serve with utmost fidelity and
integrity; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
1. The information must refer to consummated
violations of any of the above-mentioned provisions of law, rules and
regulations;chanroblesvirtualawlibrary
2. The information and testimony are necessary for
the conviction of the accused public officer;chanroblesvirtualawlibrary
3. Such information and testimony are not yet in the
possession of the State;chanroblesvirtualawlibrary
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 out 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. i
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.
Section 5. This Decree shall take effect immediately.
DONE in the City of Manila,
this 18th day of July, in the year of Our Lord, nineteen hundred and
seventy-five.
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