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PD 749

PD No. 749 provides immunity from prosecution for individuals who provide information or testify about bribery and graft cases against public officers. The document outlines that immunity will be granted to individuals who voluntarily give information about violations of anti-graft laws, as well as to those who testify against public officials involved in such violations. Immunity also extends to accomplices and accessories of non-public officials involved in violations. However, immunity does not apply if testimony or information is found to be false, malicious, or intended to harass officials. All preliminary investigations will also be confidential to protect officials' reputations if reports prove unfounded.

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Medeah Faye Abes
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59 views

PD 749

PD No. 749 provides immunity from prosecution for individuals who provide information or testify about bribery and graft cases against public officers. The document outlines that immunity will be granted to individuals who voluntarily give information about violations of anti-graft laws, as well as to those who testify against public officials involved in such violations. Immunity also extends to accomplices and accessories of non-public officials involved in violations. However, immunity does not apply if testimony or information is found to be false, malicious, or intended to harass officials. All preliminary investigations will also be confidential to protect officials' reputations if reports prove unfounded.

Uploaded by

Medeah Faye Abes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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PD NO.

749
GRANTING IMMUNITY FROM
PROSECUTION TO GIVERS OF
BRIBES AND OTHER GIFTS AND TO
THEIR ACCOMPLICES IN BRIBERY
AND OTHER GRAFT CASES
AGAINST PUBLIC OFFICERS
Any person who voluntarily gives
information about any violation of:
Articles 210, 211,and 212 of the RPC;
RA No. 3019, as amended;
Section 345 of the Internal Revenue Code
and Section 3604 of the Tariff and
Customs Code and other provisions of
the said Codes penalizing abuse or
dishonesty on the part of the public
officials concerned;
and other laws, rules and regulations
punishing acts of graft, corruption, and
other forms of official abuse;
And any person who willingly testifies against
any public official or employee for such violation
shall be exempt from prosecution or
punishment for the offense with reference to
which his information and testimony were given,
and may plead or prove the giving of such
information and testimony in bar of such
prosecution.
PROVIDED: THAT THIS IMMUNITY MAY BE ENJOYED IN
CASES WHERE THE INFORMATION AND TESTIMONY ARE
GIVEN AGAINST A PERSON WHO IS NOT A PUBLIC
OFFICIAL BUT WHO IS A PRINCIPAL, OR ACCOMPLICE, OR
ACCESSORY IN THE COMMISSION OF ANY OF THE
ABOVE-MENTIONED VIOLATIONS:

PROVIDED FURTHER THAT THIS IMMUNITY MAY BE


ENJOYED BY SUCH INFORMANT OR WITNESS
NOTWITHSTANDING THAT HE OFFERED OR GAVE THE
BRIBE OR GIFT TO THE PUBLIC OFFICIAL OR HIS
ACCOMPLICE FOR SUCH GIFT OR BRIBE-GIVING; AND
PROVIDED, FINALLY, THAT THE FOLLOWING
CONDITIONS CONCUR:
The information must refer to consummated violations of
01. any of the above-mentioned provisions of law, rules and
regulations;

02. The information and testimony are necessary for


the conviction of the accused public officer;

03.
Such information and testimony are not yet
in the possession of the State;

04.
Such information and testimony can be corroborated
on its material points; and

05. The informant or witness has not been previously


convicted of a crime involving moral turpitude.
THE IMMUNITY SHALL NOT ATTACH SHOULD IT TURN OUT
SUBSEQUENTLY THAT THE INFORMATION AND/OR
TESTIMONY IS FALSE AND MALICIOUSLY OR MADE ONLY
FOR THE PURPOSE OF HARASSING, MOLESTING OR IN ANY
WAY PREJUDICING THE PUBLIC OFFICER DENOUNCED.

ALL PRELIMINARY INVESTIGATIONS CONDUCTED SHALL BE


STRICTLY CONFIDENTIAL OR PRIVATE IN ORDER TO
PROTECT THE REPUTATION OF THE OFFICIAL UNDER
INVESTIGATION IN THE EVENT THE REPORT PROVES TO BE
UNFOUNDED OR NO PRIMA FACIE CASE IS ESTABLISHED.

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