Immunity Statute Title Type of Immunity Scope Conditions

Authority to
Grant
Limitation Procedure Stage of Proceeding Remarks
any person who voluntarily gives
information about any vioation of Arts.
210, 211, and 212 of the RPC; RA
3019, as amended; Sec. 345 of the IRC
and Sec. 3604 of the Tariff and
Customs Code and other provisions of
the said Codes penalizing abuse or
dishonesty on the part of public officials
concerned; and (4) other laws, rules
and regulations punishing acts of graft,
corruption, and other forms of official
abuse
(1) the information must refer to
consummated violations of any law
of the above-mentioned provisions of
law, rules and regulations;
(2) the information and testimony are
necessary for the conviction of the
accused public officer;
(3) such information and testimony
can be corroborated on its material
points;
(4) the informant or witness has not
been previously convicted of a crime
involving moral turpitude
RA 6770 The Ombudsman Act of 1989 Use any person whose testimony or whose
possession and production of
documents or other evidence may be
necessary to determine the truth in any
hearing, inquiry, or proceeding being
conducted by the Ombudsman or under
his authority
N.A. Ombudsman no person shall be
prosecuted
criminally for or on
account of any
matter concerning
which he is
compelled, after
having claimed the
privilege against
self-incrimination, to
testify and produce
evidence,
documentary or
otherwise
such immunity may be
granted upon application
of the concerned party, the
investigating, hearing, or
prosecuting officer, or at
the instance of the
Ombudsman
in all cases, the concerned
party shall execute an
affidavit reciting the
substance of his proposed
testimony and/or nature of
the evidence in his
possession
law is silent; presumed to
be granted at any stage of
the proceedings, provided
that the person whose
testimony or whose
possession and production
of documents or other
evidence may be
necessary to determine
the truth in any hearing,
inquiry or proceeding
being conducted by the
Ombudsman or under its
authority, in the
performance or in
furtherance of its
constitutional functions
and statutory objectives
the grant of immunity
from criminal
prosecution may be
revoked upon proper
notice in the event that
the person granted
immunity subsequently
retracts his statement,
or fails or refuses to
testify or produce
evidence in court in
accordance with the
sworn statement upon
which his immunity was
granted
(1) the offense in which his
testimony will be used is a grave
felony as defined under RPC, or its
equivalent under special laws
(2) there is absolute necessity for his
testimony
(3) there is no other direct evidence
available for the proper prosecution
of the offense committed
(4) his testimony can be substantially
corroborated on its material points
(5) he does not appear to be the
most guilty
(6) he has not at any time been
convicted of any crime involving
moral turpitude
no witness shall be
exempt from
prosecution for
perjury or contempt
committed while
giving testimony or
producing evidence
under compulsion
pursuant to this Act
any person who has
participated in the
commission of a crime and
desires to be a witness for
the State, can apply and, if
qualified as determined in
this Act and by the
Department, shall be
admitted in the Program
whenever the conditions
provided are present (see
Sec. 10)
before any person is
admitted into the Program,
he shall execute a sworn
statement describing in
PD 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
(1975)
Transactional Ombudsman false and malicious
information and/or
testimony made
only for the purpose
of harassing,
molesting, or in any
way prejudicing the
public officer
denounced
such immunity may be
granted upon application
of the concerned party, the
investigating, hearing, or
prosecuting officer, or at
the instance of the
Ombudsman
in all cases, the concerned
party shall execute an
affidavit reciting the
substance of his proposed
testimony and/or nature of
the evidence in his
possession
law is silent; presumed to
be at any stage of the
proceedings provided that
the conditions specified
under Sec. 1 concur
the grant of immunity
from criminal
prosecution may be
revoked upon proper
notice in the event that
the person granted
immunity subsequently
retracts his statement,
or fails or refuses to
testify or produce
evidence in court in
accordance with the
sworn statement upon
which his immunity was
granted
any person who willingly testifies
against any public official or employee
for such violation
RA 6981 Witness Protection, Security, and
Benefit Act (1991)
Transactional state witness Department of
Justice
Matrix of Immunity Statutes
upon motion of the
prosecution before resting
its case provided the court
is satisfied that the
conditions set forth in Sec.
17, Rule 119 are present
an accused discharged
from an information or
criminal complaint by
the court in order that
he may be a State
Witness pursuant to
Sec. 9 and 10 of Rule
119 of the Revised
Rules of Court may
upon his petition be
admitted to the
Program if he complies
with the other
requirements of this Act
nothing in this Act shall
prevent the discharge
Immunity Statute Title Type of Immunity Scope Conditions
Authority to
Grant
Limitation Procedure Stage of Proceeding Remarks
(1) there is absolute necesssity for
the testimony of the
respondent/accused-informant
whose discharge is requested
(2) there is no other direct evidence
available for the proper prosecution
of the offense committed, except the
testimony of said
respondent/accused-informant
(3) the testimony of said
respondent/accused-informant can
be substantially corroborated in its
material points
(4) the respondent/accused-
informant has not been previously
convicted of a crime involving moral
turpitude
(5) said respondent/accused-
informant does not appear to be the
most guilty
P.D. 1731 Providing for Rewards and
Incentives to Government
Witnesses and Informants and
Other Purposes
Use Crimes against national security or
public order, or organized/syndicated
crime or crime group, and/or culpability
of individual members
Absolute necessity
No other direct evidence
Testimony or information
substantially corroborated
Witness does not appear to be most
guilty
Department of
National Defense
(DND) and
Department of
Justice (DOJ)
STEP 1: Recommend by
the state prosecutor any
person willing to testify to
the Department of
National Defense (DND)
or Department of Justice
(DOJ) regardless whether
or not the applicant is
included in the information
filed by the prosecutor;
STEP 2: Review and
evaluate by DND or DOJ
the application of any
person for being a
witness/informant under
the statute subject to the
conditions set by the same
(see above-mentioned
conditions); and
STEP 3: If approved by
the DND or DOJ, the latter
will provide the benefits
under the law.
law is silent; the immunity
may be granted regardless
the applicant was included
in the information
a. Testimony only
b. Security, Protected
housing facilities,New
identities, Monetary
award and Immunity
from Criminal
Prosecution
the discharge may be
granted and directed by
the investigating body or
court upon the application
or petition of any of the
respondent/accused-
informant and before the
termination of the
investigation
should the investigating
body or court deny the
motion or request for
discharge as a witness,
his/her sworn statement
shall be inadmissible as
evidence
may be granted and
directed by the
investigating body or court
upon the application or
petition of any of the
respondent/accused-
informant and before the
termination of the
investigation provided the
conditions are complied
with
evidence adduced in
support of the
discharge shall
automatically form part
of the records of the
investigation
RA 9485 Anti-Red Tape Act of 2007 Transactional any public official or employee or any
person having been charged with
another under this Act and who
voluntarily gives information pertaining
to an investigation or who willingly
testifies therefore
head of the
government
office or agency
(highest
authority)
N.A.
Immunity Statute Title Type of Immunity Scope Conditions
Authority to
Grant
Limitation Procedure Stage of Proceeding Remarks
P.D. 1732 Providing Immunity from Criminal
Prosecution to Government
Witnesses and Other Purposes
Transactional Crimes against national security or
public order, or organized/syndicated
crime, or any crime punishable with
penalty of atleast prison mayor
Absolute necessity
No other direct evidence
Testimony or information
substantially corroborated
Witness does not appear to be most
guilty
Special
Committee
composed of
DND, DOJ and
Ombudsman

President
No witness shall be
exempt from
prosecution for
perjury or contempt
committed while
giving testimony or
producing evidence
under compulsion
pursuant to this
Decree
STEP 1: When the person
refuses to testify or
produce the evidence
which is absolutely
necessary for the
prosecution of the crime,
the state prosecutor may
apply in writing, stating the
reasons, to the Special
Committee to issue an
order compelling the
person to testify or
produce other evidence;
STEP 2: Review and
evaluate by Special
Committee the application
of foregoing application
subject to the conditions
set by the same (see
above-mentioned
conditions). The
Committee may summon
the state prosecutor,
fiscal, special counsel,
investigator or military
lawyer making the
application to clarify any
matter relative to the
law is silent; the immunity
may be granted regardless
the applicant was included
in the information
Testimentary and
Documentary
Article XIII, Section
18 (8) of the 1987
Constiution
N/A Use Any investigation conducted by the
Commission of Human Rights (CHR)
Neccesity CHR N/A STEP 1: A person may
apply for immunity from
prosection before the
CHR.
STEP 2: CHR, at its own
discretion, grant immunity
of any person willing to
testify or produce
evidence to determine the
truth of the investigation
being conducted by the
Commission
law is silent; the immunity
may be granted regardless
the applicant was included
in investigation conducted
by the Commission
Testimentary and
Documentary
R.A. 6646 An Act Introducing Additional
Eletoral Reforms in the Electoral
System and for othe Purposes
Transactional In all hearings, inquiries, and
proceedings of the Commission
Neccesity of the evidence COMELEC The witness
committed perjury
or false testimony
STEP 1: A person may
apply for immunity from
prosection before the
COMELEC.
STEP 2: COMELEC, at its
own discretion, grant
immunity of any person
willing to testify or produce
evidence to determine the
truth of the investigatio,
hearing, proceedings, and
inquiries, being conducted
by the Commission
law is silent; the immunity
may be granted regardless
the applicant was included
in investigation conducted
by the Commission
Testimentary and
Documentary
Immunity Statute Title Type of Immunity Scope Conditions
Authority to
Grant
Limitation Procedure Stage of Proceeding Remarks
RA 9165 An Act Constituting the
Comprehensive Dangerous Act of
2002
Use Any person who has violated Sections
7, 11, 12, 14, 15, and 19, Article II of
this Act, who voluntarily gives
information about (1) any violation of
Sections 4, 5, 6, 8, 10, 13, and 16Any
violation of Sections 4, 5, 6, 8, 10, 13,
and 16, Article II of this Act and (2) any
violation of the offenses mentioned if
committed by a drug syndicate
The information and testimony are
necessary for the conviction of the
persons described above;
Such information and testimony are
not yet in the possession of the
State;
Such information and testimony can
be corroborated on its material
points
the informant or witness has not
been previously convicted of a crime
involving moral turpitude, except
when there is no other direct
evidence available for the State
other than the information and
testimony of said informant or
witness;
The informant or witness shall strictly
and faithfully comply without delay,
any condition or undertaking,
reduced into writing, lawfully
imposed by the State as further
consideration for the grant of
immunity from prosecution and
punishment;
Court and/or
DOJ
a. If the information
and/or testimony is
false, malicious or
made only for the
purpose of
harassing,
molesting or in any
way prejudicing the
persons described
in the preceding
Section against
whom such
information or
testimony is
directed against
b. The witness
refuses to testify
without just cause,
and when lawfully
obliged to do so, or
should he/she
violate any
condition
accompanying such
immunity
STEP 1: Recommend by
the state prosecutor to the
Court and/or DOJ any
person any person who
has violated Sections 7,
11, 12, 14, 15, and 19,
Article II of this Act, who
voluntarily gives
information about any
violation of Sections 4, 5,
6, 8, 10, 13, and 16,
Article II of this Act as well
as any violation of the
offenses mentioned if
committed by a drug
syndicate, or any
information leading to the
whereabouts, identities
and arrest of all or any of
the members thereof for
immunity from criminal
prosecution;
STEP 2: Review and
evaluate by Court and/or
DOJ the application of any
person for being a
witness/informant under
the statute subject to the
law is silent but it may
deemed from the
provisions of the statute
that the applicant for the
immunity from criminal
prosecution presupposed
a commission of a
prohibited acts under the
same.
Testimentary and
Documentary
Immunity Statute Title Scope Conditions
(1) any person who voluntarily gives
information about any vioation of Arts. 210,
211, and 212 of the RPC; RA 3019, as
amended; Sec. 345 of the IRC and Sec.
3604 of the Tariff and Customs Code and
other provisions of the said Codes
penalizing abuse or dishonesty on the part
of public officials concerned; and (4) other
laws, rules and regulations punishing acts
of graft, corruption, and other forms of
official abuse
(1) the information must refer to
consummated violations of any law of
the above-mentioned provisions of law,
rules and regulations;
(2) any person who willingly testifies
against any public official or employee for
such violation
(2) the information and testimony are
necessary for the conviction of the
accused public officer;
(3) such information and testimony can
be corroborated on its material points;
(4) the informant or witness has not
been previously convicted of a crime
involving moral turpitude
RA 6770
The Ombudsman Act of 1989 any person whose testimony or whose
possession and production of documents or
other evidence may be necessary to
determine the truth in any hearing, inquiry,
or proceeding being conducted by the
Ombudsman or under his authority
N.A.
RA 6981
Witness Protection, Security, and
Benefit Act (1991)
(1) the offense in which his testimony
will be used is a grave felony as defined
under RPC, or its equivalent under
special laws
PD 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 (1975)
any person who has witnessed or has
knowledge or information on the
commission of a crime and has testified or
is testifying or about to testify before any
judicial or quasi-judicial body, or before
any investigating authority
(2) his testimony can be substantially
corroborated in its material points
(3) he or any member of his family
within the second civil degree of
consanguinity or affinity is subjected to
threats to his life or bodily injury or
there is a likelihood that he will be killed,
forced, intimidated, harassed, or
corrupted to prevent him from testifying,
or to testify falsely, or evasively, because
or on account of his testimony
(4) he is not a law enforcement officer,
even if he would be testifying against the
other law enforcement officers; in such a
case, only the immediate members of his
family may avail themselves of the
protection provided under this Act
(1) the offense in which his testimony
will be used is a grave felony as defined
under RPC, or its equivalent under
special laws
(2) there is absolute necessity for his
testimony
(3) there is no other direct evidence
available for the proper prosecution of
the offense committed
(4) his testimony can be substantially
corroborated on its material points
(5) he does not appear to be the most
guilty
(6) he has not at any time been convicted
of any crime involving moral turpitude
RA 9485
any person who has witnessed or has
knowledge or information on the
commission of a crime and has testified or
is testifying or about to testify before any
judicial or quasi-judicial body, or before
any investigating authority
state witness
Authority to Grant Limitation
Ombudsman no person shall be
prosecuted criminally
for or on account of
any matter
concerning which he
is compelled, after
having claimed the
privilege against self-
incrimination, to
testify and produce
evidence,
documentary or
otherwise
Ombudsman false and malicious
information and/or
testimony made only
for the purpose of
harassing, molesting,
or in any way
prejudicing the public
officer denounced
Department of
Justice
no witness shall be
exempt from
prosecution for
perjury or contempt
committed while
giving testimony or
producing evidence
under compulsion
pursuant to this Act
(1) immunity may be enjoyed even 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 covered violations
(2) immunity may be enjoyed notwithstanding that the informant or witness offered or gave the bribe or gift to the public official or his accomplice for such gift or bribe-giving
Department of
Justice
no witness shall be
exempt from
prosecution for
perjury or contempt
committed while
giving testimony or
producing evidence
under compulsion
pursuant to this Act
(1) immunity may be enjoyed even 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 covered violations
(2) immunity may be enjoyed notwithstanding that the informant or witness offered or gave the bribe or gift to the public official or his accomplice for such gift or bribe-giving