Title
Immunity for bribery informants in graft cases
Law
Presidential Decree No. 749
Decision Date
Jul 18, 1975
A 1975 Philippine law grants immunity to individuals who provide information and testify against public officials involved in bribery and corruption, aiming to prioritize the conviction and removal of corrupt officials by allowing bribe or gift-givers to freely testify about official corruption.
A

Scope of Immunity

  • Immunity from prosecution applies to persons who voluntarily provide information and testify regarding violations related to bribery, graft, and corruption.
  • Covered offenses include violations of Articles 210, 211, 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 relevant laws.
  • Immunity extends even if the testimony implicates non-public officials who are principals, accomplices, or accessories in the offenses.
  • The immunity covers those who gave or offered bribes or gifts and their accomplices.

Conditions for Granting Immunity

  • The information must pertain to consummated violations of the specified laws.
  • The information and testimony must be essential for the conviction of the accused public officer.
  • Such information and testimony must not already be in the possession of the State.
  • The information and testimony must be corroborated on material points.
  • The informant or witness must not have been previously convicted of a crime involving moral turpitude.

Limitations and Revocation of Immunity

  • Immunity does not apply if it is later discovered that the information or testimony was false, malicious, or intended solely to harass or prejudice the accused public official.
  • In such cases, the public officer may pursue civil or criminal actions against the informant or witness.

Confidentiality of Investigations

  • Preliminary investigations conducted by prosecutors, judges, or committees must be kept confidential to protect the reputation of the public official if the case proves unfounded or lacks a prima facie basis.

Repeal and Modification of Conflicting Laws

  • Any laws, decrees, rules, or regulations inconsistent with this decree are repealed or modified accordingly.

Effectivity

  • The decree takes effect immediately upon promulgation.

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