Senator Robin Padilla has filed a measure seeking to penalize individuals who deliberately provide false addresses to prevent respondents from receiving subpoenas, a scheme that forces preliminary investigations to proceed ex parte.
Under Senate Bill No. 1957, violators face imprisonment ranging from six months to two years and fines between ₱100,000 and ₱300,000 for willfully using wrong contact details to bypass the accused during initial legal proceedings.
Padilla emphasized that while a preliminary investigation does not constitute a full trial, it still exposes an individual to public scrutiny, legal expenses, and emotional stress.
He invoked the due process clause of the 1987 Constitution, which ensures lawful procedures before anyone is deprived of life, liberty, or property.
“Karapatan ng bawat Pilipino ang mabigyan ng pagkakataong malaman at sagutin ang mga paratang laban sa kanya. Hindi dapat magamit ang maling address bilang paraan upang maisagawa ang preliminary investigation nang hindi man lamang nabibigyan ng pagkakataong makaharap at makasagot ang respondent,” Padilla said.
The proposed legislation defines a preliminary investigation as an inquiry to establish whether sufficient ground exists to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty.
Padilla noted that the practice not only undermines malicious or abusive prosecutions but also drains government resources on tainted proceedings.
“Hindi lamang respondent ang naaagrabyado kapag sinadyang gumamit ng maling address. Nasasayang din ang oras at resources ng ating justice system. Dapat may pananagutan ang sinumang sadyang gumagawa nito upang malusutan ang tamang proseso,” Padilla said.
By criminalizing this practice, Senate Bill No. 1957 aims to safeguard fundamental constitutional rights and protect the integrity of the country’s preliminary investigation process.