Amended offense under Article 150
- Article 150 imposes criminal liability for disobedience to legislative summons issued by specified legislative and constitutional bodies.
- The offense applies to any person who has been duly summoned to attend as a witness before:
- the National Assembly, including its special or standing committees and subcommittees;
- the Constitutional Commissions, including their committees, subcommittees or divisions;
- any commission or committee chairman or member authorized to summon witnesses.
- Article 150 covers refusals made without legal excuse to:
- obey a summons to attend as a witness; or
- appear before the legislative or constitutional body or the authorized official and then refuse to be sworn or placed under affirmation, or refuse to answer any legal inquiry.
- Article 150 also covers a refusal to produce any books, papers, documents, or records in the person’s possession when required by the body or official in the exercise of its functions.
What constitutes punishable conduct
- A person who refuses, without legal excuse, to attend as a witness after a duly summoned appearance is punishable under Article 150.
- A person who is present but refuses to be sworn or to answer any legal inquiry is punishable under Article 150.
- A person who refuses to produce books, papers, documents, or records in the person’s possession is punishable under Article 150 when required during the exercise of the body’s functions.
- Article 150 also punishes conduct aimed at preventing compliance, including:
- restraining another from attending as a witness; or
- inducing disobedience to a summons, or inducing refusal to be sworn, by the legislative or constitutional body or official.
Penalty for disobedience and inducement
- Article 150 imposes a penalty of arresto mayor for the prohibited acts described in the amended provision.
- Article 150 imposes a fine ranging from PHP 200 to PHP 1,000.
- Article 150 authorizes both the fine and imprisonment for the covered acts (“or both such fine and imprisonment”).
- The same penalty applies to persons who restrain another from attending as a witness or who induce disobedience to a summons or refusal to be sworn by the legislative or constitutional body or authorized official.
Transitory/implementation provisions
- Section 2 establishes that Commonwealth Act No. 52 takes effect upon approval.
- No additional implementation procedures, agencies, or reporting requirements are stated in Commonwealth Act No. 52 beyond the amendment to Article 150.