Period to Bring Action Against Informant or Witness Who Gave False or Malicious Testimony
Batas Pambansa Blg. 242, enacted on November 11, 1982, amends the provisions of Presidential Decree No. 749 regarding the immunity granted to informants and witnesses in bribery and graft cases against public officers. The amendment specifies that immunity does not apply if the testimony is found to be false or malicious, allowing the denounced public officer to pursue civil, administrative, or criminal actions against the informant or witness. Such actions can only be initiated after the dismissal of the case against the public officer or following their acquittal. The prescriptive periods for these actions begin once they are eligible to be filed. This law took effect upon its approval and was published in the Official Gazette on October 10, 1983.
Law Information
- Reference Number
- Batas Pambansa Blg. 242
- Date Enacted
- Category
- Statutes
- Subcategory
- Mga Batas Pambansa
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 11, 1982
BATAS PAMBANSA BLG. 242
AN ACT PRESCRIBING THE PERIOD WITHIN WHICH A DENOUNCED PUBLIC OFFICER MAY BRING ACTION AGAINST AN INFORMANT OR WITNESS WHO GAVE FALSE OR MALICIOUS TESTIMONY, AMENDING FOR THE PURPOSE SECTION TWO OF PRESIDENTIAL DECREE NUMBERED SEVEN HUNDRED FORTY-NINE, "GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF BRIBES AND OTHER GIFTS AND TO THEIR ACCOMPLICES IN BRIBERY AND OTHER GRAFT CASES AGAINST PUBLIC OFFICERS"
Section two of Presidential Decree Numbered Seven hundred forty-nine, "Granting Immunity from Prosecution to Givers of Bribes and Other Gifts and to their Accomplices in Bribery and Other Graft Cases Against Public Officers," is hereby amended to read as follows:
"SEC. 2. The immunity granted hereunder shall not attach should it turn out subsequently that the information and/or testimony is false and malicious or made only for the purpose of harassing, molesting or in any way prejudicing the public officer denounced. In such a case, the public officer so denounced shall be entitled to any action, civil, administrative or criminal, against said informant or witness: Provided, however, That such action may be commenced only after the dismissal of the case against the denounced public officer after preliminary investigation or after the latter's acquittal by a competent court.
"The prescriptive periods for the various actions under the provisions of this section shall start to run from the time such actions may be commenced as herein provided."
SECTION 2. This Act shall take effect upon its approval.
Approved: November 11, 1982 (P.B. No. 291) asia dc
Published in the Official Gazette, Vol. 79 No. 41 Page 5851 on October 10, 1983.
Cite This Law
Period to Bring Action Against Informant or Witness Who Gave False or Malicious Testimony, Batas Pambansa Blg. 242, Nov 11, 1982 (Philippines)
Period to Bring Action Against Informant or Witness Who Gave False or Malicious Testimony, Batas Pambansa Blg. 242 (Phil. 1982)
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