Penalties for Obstruction of Justice Under Philippine Law

Obstruction of justice is a serious offense in the Philippines, viewed as an affront to the administration of law and the integrity of the judicial system. It encompasses any act that intentionally impedes, frustrates, or delays the apprehension of suspects and the investigation or prosecution of criminal cases.

The primary legal framework governing this offense is Presidential Decree No. 1829 (P.D. 1829), titled "Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders."


Prohibited Acts Under P.D. 1829

Section 1 of P.D. 1829 enumerates nine specific acts that constitute obstruction of justice when committed knowingly or willfully to obstruct, impede, frustrate, or delay the administration of justice:

  1. Preventing Witnesses from Testifying: Using force, intimidation, or deception to keep a witness from appearing in any investigation or judicial proceeding.
  2. Alteration or Destruction of Evidence: Altering, destroying, suppressing, or concealing any paper, record, document, or object with the intent to impair its veridicality or availability as evidence.
  3. Harboring or Concealing Suspects: Giving safe haven to a person whom the perpetrator knows, or has reasonable ground to believe, has committed a crime, or keeping such a person from discovery to prevent their arrest.
  4. Using Fictitious Names: Using a name other than one’s own for the purpose of concealing a crime or evading execution of a sentence.
  5. Delaying Prosecution via Influence: Delaying the prosecution of a case by using influence, power, or any other means rather than legal processes.
  6. Giving False Information: Making, presenting, or using any false narrative or statement to mislead an investigation.
  7. Coaxing or Coaching Witnesses: Helping a witness or a suspect to give false testimony or to avoid process.
  8. Threatening Public Officers: Using threats or intimidation to prevent public officers from performing their duties related to the investigation or prosecution of crimes.
  9. Soliciting Favors for Suspects: Making representations or using influence to secure the release of a suspect or to prevent their arrest.

The Penalties

Under Section 1 of P.D. 1829, the penalty for any of the acts mentioned above is:

  • Imprisonment: Prision correccional in its maximum period (typically ranging from 4 years, 2 months, and 1 day to 6 years).
  • Fine: A fine ranging from 1,000 to 6,000 Pesos.
  • Perpetual Disqualification: If the offender is a public official, they shall suffer the additional penalty of perpetual disqualification from holding any public office.

Obstruction of Justice in Special Laws

Beyond the general provisions of P.D. 1829, other specific laws in the Philippines characterize obstruction of justice within their respective contexts, often carrying much heavier penalties:

1. The Human Security Act / Anti-Terrorism Act

Under the Anti-Terrorism Act of 2020 (R.A. 11479), any person who, having knowledge of the commission of a terrorist act, helps the perpetrator escape, destroys evidence, or harbors the offender can be charged with being an "accessory." The penalties here are significantly higher, often involving 12 years of imprisonment.

2. Comprehensive Dangerous Drugs Act (R.A. 9165)

Section 4 of R.A. 9165 penalizes any person who "misapplies, misappropriates, or fails to account for" seized drugs or evidence. Furthermore, any person who violates the "chain of custody" with intent to frustrate the prosecution of drug cases can be held liable under specialized rules and P.D. 1829.

3. Anti-Money Laundering Act (R.A. 9160)

Providing false information or failing to report "covered transactions" to the Anti-Money Laundering Council (AMLC) can be construed as an attempt to obstruct the investigation of money laundering activities.


Obstruction of Justice vs. Being an "Accessory"

It is vital to distinguish between Obstruction of Justice (P.D. 1829) and being an Accessory under the Revised Penal Code (RPC).

  • Accessory (Art. 19, RPC): An accessory is someone who, having knowledge of the commission of a crime, takes part subsequent to its commission by profiting from the effects of the crime, concealing the body/effects, or assisting in the escape of the principal.
  • Conflict of Laws: Generally, if the act is specifically covered by P.D. 1829, the special law (P.D. 1829) prevails over the general law (RPC). However, P.D. 1829 specifically states that if the act is penalized by a heavier penalty under another law, the heavier penalty shall be applied.

Jurisprudential Notes

The Philippine Supreme Court has consistently held that for a conviction under P.D. 1829 to prosper, the prosecution must prove intent. The act must be done "knowingly or willfully" with the specific purpose of obstructing the administration of justice. Simple negligence or failure to cooperate with authorities does not always equate to a criminal violation of P.D. 1829 unless a specific legal duty to act was breached or the intent to impede justice is evident.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.