(NAR) VOL. 15 NOS. 3-4 / OCTOBER - DECEMBER 2004
1. Who may avail of the immunity-A) Any public official, employee or any person who voluntarily gives information pertaining to an examination irregularity and illegal practice of profession who willingly testifies therefore shall be exempt from administrative prosecution in the case/s his/her information and testimony were given. The giving of such information and testimony shall operate to bar his/her prosecution in the same case;
B) The informant public official, employee, or any person who bribed or gave a gift to another public official, employee or person, or is an accomplice for such gift or bribe-giving for the purpose of obtaining certificate of registration/professional license, professional identification card or passing examination rating in violation of the PRC Modernization Act, regulatory laws of the various professions and other rules and regulations, may likewise enjoy this immunity.
The following conditions must concur for the grant of immunity to the above informant or witness:
- The information or testimony must refer to the commission of examination irregularity or illegal practice of profession constituting the offense of dishonesty or grave misconduct pursuant to Section 52 of the Uniform Rules on Administrative Cases in the Civil Service;
- The information and testimony are necessary for the proper prosecution of the offense committed by the respondent public official or employee or of any private individual who is in conspiracy with him or her;
- Such information and testimony are not yet in the possession of the Professional Regulation Commission, or any government entity;
- Such information and testimony can be substantially corroborated on their material points; and
- The informant or witness has not been previously convicted of a crime involving moral turpitude or perjury.
C) Any public official, employee or private individual who, after a prima facie case is found to exist, has been formally charged for having participated or acted in conspiracy with each other in the commission of an examination irregularity or illegal practice of profession and desires to be a witness shall likewise be exempt from administrative prosecution provided the following circumstances are present:
- The information or testimony must refer to the commission of examination irregularity or illegal practice of profession constituting the offense of dishonesty or grave misconduct pursuant to Section 52 of the Uniform Rules on Administrative Cases in the Civil Service;
- The information or testimony are necessary for the proper prosecution of the offense committed by the respondent public official or employee or of any private individual who is in conspiracy with him or her;
- Such information and testimony are not yet in the possession of the Professional Regulation Commission, or any government entity;
- Such information and testimony can be substantially corroborated on their material points;
- The informant or witness has not been previously convicted of a crime involving moral turpitude or perjury; and
- The informant does not appear to be the most guilty.
2. For this purpose, the Commission sets forth the procedure to be followed viz:
- The informant or witness must file the appropriate application for the grant of immunity accompanied by his/her sworn affidavit-complaint stating the circumstances of the alleged examination irregularity or illegal practice of profession and those of other witnesses, along with pertinent documents, if any, before the Legal Division of the Commission or any of its Regional Offices where the alleged examination irregularity or illegal practice of profession was committed.
In addition to the aforementioned documentary requirements, the informant or witness contemplated under Item 1 (c) shall be required to submit a motion for his or her discharge from the formal charge.- If it is complete in form and substance, the Legal Division shall summon the applicant for a preliminary conference to determine the veracity of the information sought to be investigated, and whether he/she qualifies for the grant.
- With fifteen (15) days from termination of the preliminary conference, the Legal Division shall submit its fact-finding report and recommendation to the Office of the Chairperson. Thereafter, the Commission shall determine the propriety of the application for the grant of immunity and, if meritorious, the Commission en banc shall issue the appropriate Resolution.
The Commission, through the Legal Division, may summon the applicant and his or her witness, if any, for a clarificatory conference, if warranted. Otherwise, the Commission en banc shall resolve the application for the grant of immunity based on the fact-finding report, pertinent documents submitted by the Legal Division, and all other documents available to it.
On the other hand, if the Commission denies the application for the grant of immunity, all evidence adduced in support of the application for the grant of immunity, including the motion for discharge, shall be treated with strict confidentiality and inadmissible in evidence.- Upon notice of the Commission en banc Resolution, the Legal Division shall conduct the preliminary investigation and issue the appropriate formal charge against the public official or employee involved if a prima facie exists and, thereafter conduct the formal investigation in accordance with due process and submits its recommendation to the Commission.
- The Commission shall then decide the case. The decision shall be appealable to the Civil Service Commission in accordance with the Uniform Rules on Administration of Cases in the Civil Service.
3. Should the information or testimony given turn out to be false and malicious; or made only for the purpose of harassing the public official or employee, this immunity will not attach. Under such circumstances, the public official, employee or any person wrongly accused can institute the appropriate civil, criminal or any other action against the said informant or witness to protect his or her rights under the law; and
4. All fact-finding or preliminary investigations conducted and all proceedings undertaken in connection therewith shall be strictly confidential to protect the reputation of the public official or employee under investigation in the event that the report proves to be unfounded or no prima facie case is established.
(SGD.) ANTONIETA FORTUNA-IBE | |
Chairperson | |
(SGD.) AVELINA A. DE LA REA | (SGD.) LEONOR TRIPON-ROSERO |
Commissioner | Commissioner |