Presidential Decree No. 1829 penalizes acts that obstruct the apprehension and prosecution of criminal offenders. Punishable acts include: preventing witnesses from testifying or altering their testimony (through bribery, misrepresentation, intimidation, or force); destroying, concealing, or tampering with evidence to impair its availability in a proceeding; harboring or concealing a person known to have committed an offense to prevent their arrest, prosecution, or conviction; delaying the prosecution of a case; giving false or fabricated information to law enforcers; and using threats or bribery to obstruct an investigation. It applies to anyone who knowingly interferes with the justice process. Even acts that seem like helping a friend — hiding a suspect or coaching a witness — can be obstruction of justice.
Helping a friend hide from the police, or telling a witness to change their story, may feel like loyalty. Legally, it can be obstruction of justice.
The Governing Law
Presidential Decree No. 1829 penalizes acts that obstruct the apprehension and prosecution of criminal offenders. It protects the integrity of investigations and court proceedings against interference.
The Punishable Acts
Among the acts PD 1829 punishes are:
- Preventing witnesses from testifying, or inducing them to withhold or alter testimony — through bribery, misrepresentation, intimidation, or force;
- Destroying, concealing, altering, or tampering with evidence to impair its verity, authenticity, or availability in a proceeding;
- Harboring or concealing a person known to have committed an offense, to prevent their arrest, prosecution, or conviction;
- Delaying the prosecution of a case or otherwise obstructing the proceedings;
- Giving false or fabricated information to mislead or prevent law enforcers from apprehending an offender; and
- Using threats, intimidation, or bribery to interfere with an investigation.
It Applies to Anyone
Obstruction of justice can be committed by anyone who knowingly interferes with the justice process — not just parties to a case. The common thread is a deliberate act to frustrate the apprehension or prosecution of an offender.
Everyday Situations That Can Be Obstruction
- Hiding a suspect from arresting officers;
- Coaching or pressuring a witness to lie or stay silent;
- Deleting or destroying messages, documents, or objects sought as evidence; and
- Tipping off a wanted person or feeding false leads to investigators.
What feels like helping can cross into a crime.
Relationship to Accessory Liability
Some conduct overlaps with being an accessory to a crime under the Revised Penal Code (e.g., concealing the crime or harboring the principal). PD 1829 provides a separate basis for punishing obstruction, and the applicable charge depends on the specific facts.
Practical Takeaways
- PD 1829 punishes acts that obstruct the apprehension and prosecution of offenders;
- Covered acts include hiding suspects, tampering with evidence, and pressuring witnesses;
- It applies to anyone who knowingly interferes — “helping a friend” can be a crime.
Frequently Asked Questions
What is obstruction of justice? Under PD 1829, it is committing acts that obstruct the apprehension and prosecution of criminal offenders, such as hiding suspects, tampering with evidence, or preventing witnesses from testifying.
What are examples of obstruction of justice? Harboring or concealing a known offender, destroying or tampering with evidence, inducing witnesses to withhold or alter testimony, delaying prosecution, giving false information to mislead law enforcers, and using threats or bribery to obstruct an investigation.
Can an ordinary person commit obstruction of justice? Yes. It can be committed by anyone who knowingly interferes with the justice process, not just parties to a case. Even helping a friend by hiding them or coaching a witness can be obstruction.
How does it relate to being an accessory to a crime? Some conduct overlaps with accessory liability under the Revised Penal Code, such as concealing a crime or harboring the principal. PD 1829 provides a separate basis, and the charge depends on the specific facts.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.