Presidential Decree No. 749 (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 is an accomplice for such gift or bribe-giving; and Provided,
finally, that the following conditions concur:
The information must refer to consummated violations of any of
the above-mentioned provisions of law, rules and regulations;
The information and testimony are necessary for the conviction
of the accused public officer;
Such information and testimony are not yet in the possession of
the State;
Such information and testimony can be corroborated on its
material points; and
The informant or witness has not been previously convicted of a
crime involving moral turpitude.
SEC. 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.
SEC. 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.
SEC. 4. All acts, decrees and rules and regulations
inconsistent with the provisions of this Decree are hereby repealed or
modified accordingly.
SEC. 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.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
