Senator Padilla seeks penalties for false addresses used to bypass preliminary investigations

Senator Robinhood “Robin” Padilla has filed legislation seeking to penalize individuals who deliberately submit false addresses in legal filings to block respondents from receiving subpoenas, forcing preliminary investigations to proceed ex parte without their knowledge.

Under Senate Bill No. 1957, anyone who knowingly provides an incorrect address to facilitate an ex-parte preliminary investigation faces six months to two years in prison, alongside a fine ranging from ₱100,000 to ₱300,000.

Padilla emphasized that while a preliminary investigation precedes a formal trial, being subjected to unverified criminal charges still inflicts significant financial, emotional, and personal harm on an individual.

“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,” Padilla stated.

In the bill’s explanatory note, Padilla invoked the due process guarantee under the 1987 Constitution, which mandates strict adherence to legal procedures before depriving any person of life, liberty, or property.

Beyond protecting individual rights, Padilla noted that the proposed law safeguards the justice system by preventing government time and public funds from being squandered on bad-faith prosecutions.

“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,” he added.

A preliminary investigation is designed to establish whether sufficient cause exists to believe a crime was committed, that the respondent is likely guilty, and that the matter should proceed to court. Padilla asserted that Senate Bill No. 1957 reinforces constitutional protections against malicious prosecution while upholding the integrity of the state's preliminary inquiry process.

-Paraluman News