QuestionsQuestions (BATAS PAMBANSA BLG. 242)
It prescribes the period within which a denounced public officer may file an action against an informant or witness who gave false or malicious testimony, amending for the purpose Section 2 of P.D. No. 749.
Section 2 of P.D. No. 749.
When it turns out subsequently that the information and/or testimony is false and malicious or was made only for the purpose of harassing, molesting, or prejudicing the public officer denounced.
Any action, civil, administrative, or criminal.
Such action may be commenced only after the dismissal of the case against the denounced public officer after preliminary investigation, or after the latter’s acquittal by a competent court.
From the time such actions may be commenced as provided in the law (i.e., after dismissal after preliminary investigation or after acquittal by a competent court).
No. The law requires that the action may be commenced only after the dismissal after preliminary investigation or after acquittal by a competent court.
It must be false and malicious, or made only to harass, molest, or in any way prejudice the public officer.
The statute says the immunity shall not attach should it turn out subsequently that the information/testimony is false and malicious or made only for improper purposes—implying a later determination is contemplated.
It prevents premature litigation against informants/witnesses and ties the ability to sue to the outcome of the case against the denounced public officer.
Only after such dismissal after preliminary investigation.
Only after the acquittal by a competent court.
No. It expressly covers civil, administrative, and criminal actions.
Prescription starts to run from the time actions may be commenced under the law—i.e., after the dismissal after preliminary investigation or after acquittal.
Because the amendment focuses on timing/prescription for actions against false informants/witnesses when their claimed immunity does not attach due to false and malicious testimony.
Upon its approval, which is stated as November 11, 1982.