Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 749)
The main purpose of Presidential Decree No. 749 is to grant immunity from prosecution to persons who give bribes or gifts and their accomplices, so that they may voluntarily provide information and testify against public officials involved in bribery and other graft cases.
Presidential Decree No. 749 was promulgated by President Ferdinand E. Marcos of the Philippines on July 18, 1975.
The immunity covers violations of Articles 210, 211, and 212 of the Revised Penal Code, Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), Section 345 of the Internal Revenue Code, Section 3604 of the Tariff and Customs Code, and other laws, rules, and regulations penalizing abuse or dishonesty on the part of public officials.
Yes. The decree specifically provides that immunity may be granted even if the informant or witness offered or gave the bribe or gift to the public official or is an accomplice in the gift or bribe-giving.
The conditions include: (1) the information must refer to consummated violations; (2) the information and testimony are necessary for the conviction of the accused public official; (3) the information and testimony are not yet in the possession of the State; (4) the information and testimony can be corroborated on material points; and (5) the informant or witness has not been previously convicted of a crime involving moral turpitude.
Yes. Immunity shall not attach if the information or testimony is found to be false and malicious or made merely to harass or prejudice the public officer denounced. In such cases, the public officer may file civil or criminal actions against the informant or witness.
All preliminary investigations conducted by a prosecuting fiscal, judge, or committee are to be strictly confidential or private to protect the reputation of the public official in case the report is unfounded or no prima facie case is established.
The informant or witness who provides the information and testimony is exempt from prosecution or punishment for the offense related to the information, and may plead or prove the giving of such information and testimony as a defense or bar against any prosecution.
Yes. Immunity may be granted even if the information and testimony are given against persons who are principals, accomplices, or accessories in the commission of the offenses, not only public officials.
Yes. Section 4 of PD No. 749 repeals or modifies all acts, decrees, rules, and regulations that are inconsistent with its provisions.