Granting Immunity From Prosecution To Givers Of Bribes And Other Gifts And To Their Accomplices In Bribery And Other Graft Cases Against Public Officers

Case Overview and Summary

Presidential Decree No. 749

Granting Immunity from Prosecution to Givers of Bribes and Other Gifts

• Purpose: To facilitate the conviction and removal of dishonest public servants by granting immunity to bribe or gift-givers who testify against corrupt officials (Preamble)

• Immunity Provisions:
- Any person who voluntarily provides information and willingly testifies about violations of bribery, graft, corruption, and other official abuse laws against public officials shall be exempt from prosecution for the offense related to their testimony (Section 1)
- Immunity applies even if the person offered or gave a bribe or gift to the public official or accomplice (Section 1)
- Immunity conditions:
    1. Information must refer to consummated violations (Section 1)
    2. Information and testimony are necessary for conviction (Section 1)
    3. Information and testimony are not yet in the state's possession (Section 1)
    4. Information and testimony can be corroborated (Section 1)
    5. Informant or witness has not been previously convicted of a crime involving moral turpitude (Section 1)

• Immunity Revocation:
- Immunity shall not apply if the information and testimony are false, malicious, or intended to harass the public officer (Section 2)
- In such cases, the public officer can take civil or criminal action against the informant or witness (Section 2)

• Confidentiality:
- Preliminary investigations and related proceedings shall be strictly confidential to protect the reputation of the official under investigation if the report is unfounded or no prima facie case is established (Section 3)

• Repealing Clause:
- All inconsistent acts, decrees, rules, and regulations are repealed or modified accordingly (Section 4)

• Effectivity:
- This Decree shall take effect immediately (Section 5)