Sen. Robinhood “Robin” Padilla is seeking to penalize individuals who deliberately provide false addresses to prevent respondents from receiving subpoenas and allow preliminary investigations to proceed without their participation.

Senator Robin Padilla (Facebook)

Under Senate Bill No. 1957, Padilla proposed imprisonment of six months to two years and a fine of P100,000 to P300,000 for anyone who intentionally gives a false address to facilitate a preliminary investigation conducted ex parte.

Padilla said a preliminary investigation, while not yet a trial, can already expose a person to public accusations and the financial, emotional, and personal burdens associated with criminal prosecution.

“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 (It is the right of every Filipino to be allowed to know and answer the allegations against them. A false address should not be used as a means to conduct a preliminary investigation without allowing the respondent to appear and respond to the allegations)," Padilla said.

In the bill’s explanatory note, Padilla cited the due process guarantee under the 1987 Constitution, which requires compliance with legally established procedures before a person may be deprived of life, liberty or property.

He said the proposed measure would also help prevent government resources from being wasted on prosecutions that are pursued without properly notifying the respondent.

“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 (It is not only the respondent who is disadvantaged when a false address is deliberately used. The time and resources of our justice system are also wasted. Anyone who deliberately does this to circumvent due process should be held accountable)," Padilla said.

Under the bill, a preliminary investigation is intended to determine whether there is sufficient basis to establish that a crime may have been committed and that the respondent is probably guilty and should face trial.

Padilla said Senate Bill No. 1957 ultimately seeks to strengthen due process protections against malicious or oppressive prosecution while preserving the integrity of the preliminary investigation process.