QuestionsQuestions (PRESIDENTIAL DECREE NO. 1732)
PD 1732 aims to encourage witnesses to give vital information to the government against criminal elements by providing immunity from criminal prosecution, and to enable the government to compel uncooperative witnesses to testify or produce evidence.
A “witness” is any person with the capacity to perceive and communicate perceptions; “court” includes military/civil courts, quasi-judicial bodies, and special tribunals; an “agency” is any government agency/instrumentality/body and/or officer authorized to investigate or enforce law; “vital information” includes any evidence necessary to build the people’s case or secure conviction (e.g., documents, records, writings, etc.).
It covers cases involving (1) crimes against national security or public order as defined in the Revised Penal Code, (2) syndicated/organized crime as defined in the Decree, or (3) any other crime punishable by at least prision mayor.
It is a group of two (2) or more persons collaborating, confederating, or mutually helping one another in the commission of any organized/syndicated crime.
The Decree includes (not limited to) arson, robbery (hold-up), kidnapping for ransom, prostitution, illegal recruitment, carnapping, smuggling and piracy, cattle rustling, illicit drug trafficking, labor rackets, land title rackets, manufacture/circulation of fake documents, license/stamps/currencies and other government forms, counterfeiting, and bank frauds, consumer frauds, among other illegal activities of such groups.
It is composed of the Minister of National Defense, Minister of Justice, and the Tanodbayan (or their duly authorized representatives). Issuance of an order under Section 3 compelling testimony/production of evidence requires unanimous vote; other committee decisions require majority vote.
A state prosecutor, fiscal, special counsel, investigator, or military lawyer may apply in writing to the Committee.
The Committee must find: (1) testimony/evidence is absolutely necessary; (2) no other direct evidence is available for proper prosecution except the witness testimony and/or requested evidence; (3) the testimony/evidence can be substantially corroborated on material points; and (4) if the witness is a suspect/respondent/defendant, he does not appear to be the most guilty.
No. A resolution of the Committee denying the application is final and unappealable under Section 3.
No person shall be compelled to testify on matters considered privileged under Sections 20 and 21, Rule 130 of the Revised Rules of Court.
The witness enjoys immunity from criminal prosecution and cannot be subjected to penalty of forfeiture for any transaction, matter, or thing concerning what he is compelled to do or testify about, except as provided in Section 5.
Under Section 5, the witness is not exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to the Decree.
The President, upon recommendation of the Committee, may order the witness’s arrest and confinement in a jail contiguous to the place of trial or investigation until the witness is willing to testify or produce evidence.
No. The execution of the order shall not be stayed by the request for reconsideration.
No bail is allowed temporarily for such confined person, although the President may, in discretion and under terms and conditions, order temporary release.
The Committee must promulgate rules and regulations for the effective implementation of the Decree.