republic act no 6981 witness protection

7/26/2019 Republic Act No 6981 Witness Protection

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Republic Act No. 6981



AN ACT PROVIDING FOR AWITNESS PROTECTION

SEC!RIT" AND #ENEFITPROGRA$ AND FOR OT%ERP!RPOSES



Sectio& 1. Name of Act. - This Act shallbe known as the 'Witness Protection,Security and Benet Act '.



Sectio& (. Implementation of Program. - The Department of Justice, hereinafterreferred to as the Department, through itsSecretary, shall formulate and implement a"itness !rotection, Security and ene#t!rogram", hereinafter referred to as the!rogram, pursuant to and consistent with

the pro$isions of this Act.



The Department may call upon anydepartment, bureau, o%ce or any othere&ecuti$e agency to assist in theimplementation of the !rogram and thelatter o%ces shall be under legal duty andobligation to render such assistance.



Sectio& ). Admission into the Program. - Any person who has witnessed or hasknowledge or information on thecommission of a crime and has testi#ed oris testifying or about to testify before any

'udicial or (uasi-'udicial body, or before anyin$estigating authority, may be admitted

into the !rogram)



!ro$ided, That)

a* the o+ense in which his testimony will be

used is a gra$e felony as de#ned under thee$ised !enal ode, or its e(ui$alent underspecial laws



b* his testimony can be substantiallycorroborated in its material points



c* he or any member of his family within thesecond ci$il degree of consanguinity ora%nity is sub'ected to threats to his life orbodily in'ury or there is a likelihood that hewill be killed, forced, intimidated, harassedor corrupted to pre$ent him from testifying,or to testify falsely, or e$asi$ely, because or

on account of his testimony and



d* he is not a law enforcement o%cer, e$enif he would be testifying against the otherlaw enforcement o%cers. /n such a case,only the immediate members of his familymay a$ail themsel$es of the protectionpro$ided for under this Act.



/f the Department, after e&amination of saidapplicant and other rele$ant facts, is

con$inced that the re(uirements of this Actand its implementing rules and regulationsha$e been complied with, it shall admit said

applicant to the !rogram, re(uire said

witness to e&ecute a sworn statementdetailing his knowledge or information onthe commission of the crime, and thereafterissue the proper certi#cation. 0or purposes

of this Act, any such person admitted to the!rogram shall be known as the itness.



Sectio& *. Witness in LegislativeInvestigations. - /n case of legislati$e

in$estigations in aid of legislation, a witness,with his e&press consent, may be admittedinto the !rogram upon the recommendationof the legislati$e committee where his

testimony is needed when in its 'udgmentthere is pressing necessity therefor)!ro$ided, That such recommendation isappro$ed by the !resident of the Senate or

the Speaker of the 1ouse ofepresentati$es, as the case may be.



Sectio& +. emorandum of AgreementWith the Person to !e Protected. -efore a person is pro$ided protectionunder this Act, he shall #rst e&ecute amemorandum of agreement which shall setforth his responsibilities including)



a* to testify before and pro$ide informationto all appropriate law enforcement o%cialsconcerning all appropriate proceedings inconnection with or arising from theacti$ities in$ol$ed in the o+ense charged



b* to a$oid the commission of thecrimelawphi1Ÿ



c* to take all necessary precautions to a$oiddetection by others of the facts concerningthe protection pro$ided him under this Act



d* to comply with legal obligations and ci$il 'udgments against him



e* to cooperate with respect to allreasonable re(uests of o%cers andemployees of the 2o$ernment who arepro$iding protection under this Act and



f* to regularly inform the appropriateprogram o%cial of his current acti$ities andaddress.



Sectio& 6. Breach of the emorandumof Agreement. - Substantial breach of thememorandum of agreement shall be aground for the termination of the protectionpro$ided under this Act) !ro$ided, howe$er,

That before terminating such protection, theSecretary of Justice shall send notice to theperson in$ol$ed of the termination of theprotection pro$ided under this Act, stating

therein the reason for such termination.



Sectio& ,. "ondentiality ofProceedings. - All proceedings in$ol$ingapplication for admission into the !rogramand the action taken thereon shall becon#dential in nature. 3o information ordocuments gi$en or submitted in supportthereof shall be released e&cept uponwritten order of the Department or theproper court.



Any person who $iolates the con#dentialityof said proceedings shall upon con$iction bepunished with imprisonment of not lessthan one 45* year but not more than si& 46*years and depri$ation of the right to hold apublic o%ce or employment for a period of#$e 47* years.



Sectio& 8. #ights and Benets. - Thewitness shall ha$e the following rights andbene#ts)



4a* To ha$e a secure housing facility until hehas testi#ed or until the threat, intimidationor harassment disappears or is reduced to amanageable or tolerable le$el. hen the

circumstances warrant, the itness shall beentitled to relocation and8or change ofpersonal identity at the e&pense of the!rogram. This right may be e&tended to any

member of the family of the itness withinthe second ci$il degree of consanguinity ora%nity.



4b* The Department shall, whene$erpracticable, assist the itness in obtaininga means of li$elihood. The itnessrelocated pursuant to this Act shall beentitled to a #nancial assistance from the!rogram for his support and that of hisfamily in such amount and for such durationas the Department shall determine.



4c* /n no case shall the itness be remo$ed from ordemoted in work because or on account of hisabsences due to his attendance before any 'udicial or

(uasi-'udicial body or in$estigating authority,including legislati$e in$estigations in aid of legislation,in going thereto and in coming therefrom) !ro$ided, That his employer is noti#ed through a certi#cationissued by the Department, within a period of thirty49:* days from the date when the itness lastreported for work) !ro$ided, further, That in the caseof prolonged transfer or permanent relocation, theemployer shall ha$e the option to remo$e the itness

from employment after securing clearance from theDepartment upon the recommendation of theDepartment of ;abor and <mployment.



Any itness who failed to report for workbecause of witness duty shall be paid hise(ui$alent salaries or wages correspondingto the number of days of absenceoccasioned by the !rogram. 0or purposes ofthis Act, any fraction of a day shallconstitute a full day salary or wage. Thispro$ision shall be applicable to bothgo$ernment and pri$ate employees.



4d* To be pro$ided with reasonabletra$elling e&penses and subsistenceallowance by the !rogram in such amountas the Department may determine for hisattendance in the court, body or authoritywhere his testimony is re(uired, as well asconferences and inter$iews withprosecutors or in$estigating o%cers.



4e* To be pro$ided with free medicaltreatment, hospitali=ation and medicines forany in'ury or illness incurred or su+ered byhim because of witness duty in any pri$ate

or public hospital, clinic, or at any suchinstitution at the e&pense of the !rogram.



4f* /f a itness is killed, because of hisparticipation in the !rogram, his heirs shallbe entitled to a burial bene#t of not lessthan Ten thousand pesos 4!5:,:::.::* from

the !rogram e&clusi$e of any other similarbene#ts he may be entitled to under othere&isting laws.



4g* /n case of death or permanentincapacity, his minor or dependent childrenshall be entitled to free education, fromprimary to college le$el in any state, or

pri$ate school, college or uni$ersity as maybe determined by the Department, as longas they shall ha$e (uali#ed thereto.



Sectio& 9. Speedy $earing or %rial. - /nany case where a itness admitted into the!rogram shall testify, the 'udicial or (uasi-

'udicial body, or in$estigating authority shall

assure a speedy hearing or trial and shallendea$or to #nish said proceeding withinthree 49* months from the #ling of the case.



Sectio& 1-. State Witness. - Any person whohas participated in the commission of a crime anddesires to be a witness for the State, can applyand, if (uali#ed as determined in this Act and by

the Department, shall be admitted into the!rogram whene$er the following circumstancesare present)



4a* the o+ense in which his testimony willbe used is a gra$e felony as de#ned underthe e$ised !enal ode or its e(ui$alentunder special laws



4b* there is absolute necessity for histestimony



4c* there is no other direct e$idencea$ailable for the proper prosecution of theo+ense committed)



4d* his testimony can be substantiallycorroborated on its material points



4e* he does not appear to be most guiltyand



4f* he has not at any time been con$icted ofany crime in$ol$ing moral turpitude.



An accused discharged from an information

or criminal complaint by the court in orderthat he may be a State itness pursuant toSection > and 5: of ule 55> of the e$isedules of ourt may upon his petition be

admitted to the !rogram if he complies withthe other re(uirements of this Act. 3othingin this Act shall pre$ent the discharge of anaccused, so that he can be used as a State

itness under ule 55> of the e$ised ulesof ourt.



Sectio& 11. S&orn Statement. - efore any person isadmitted into the !rogram pursuant to the ne&t preceding

Section he shall e&ecute a sworn statement describing indetail the manner in which the o+ense was committed andhis participation therein. /f after said e&amination of saidperson, his sworn statement and other rele$ant facts, theDepartment is satis#ed that the re(uirements of this Act

and its implementing rules are complied with, it may admitsuch person into the !rogram and issue the correspondingcerti#cation.



/f his application for admission is denied,said sworn statement and any othertestimony gi$en in support of saidapplication shall not be admissible in

e$idence, e&cept for impeachmentpurposes.



Sectio& 1(. '(ect of Admission of aState Witness into the Program. - The

certi#cation of admission into the !rogramby the Department shall be gi$en full faithand credit by the pro$incial or cityprosecutor who is re(uired not to include the

itness in the criminal complaint orinformation and if included therein, topetition the court for his discharge in orderthat he can utili=ed as a State itness. The

ourt shall order the discharge and e&clusionof the said accused from the information.



Admission into the !rogram shall entitlesuch State itness to immunity fromcriminal prosecution for the o+ense oro+enses in which his testimony will be gi$en

or used and all the rights and bene#tspro$ided under Section ? hereof.



Sectio& 1). )ailure or #efusal of the Witnessto %estify. - Any itness registered in the !rogram

who fails or refuses to testify or to continue totestify without 'ust cause when lawfully obliged todo so, shall be prosecuted for contempt. /f hetesti#es falsely or e$asi$ely, he shall be liable toprosecution for per'ury. /f a State itness fails or

refuses to testify, or testi#es falsely or e$asi$ely, or$iolates any condition accompanying such immunitywithout 'ust cause, as determined in a hearing bythe proper court, his immunity shall be remo$edand he shall be sub'ect to contempt or criminalprosecution. @oreo$er, the en'oyment of all rightsand bene#ts under this Act shall be deemedterminated.



The itness may, howe$er, purge himself ofthe contumacious acts by testifying at anyappropriate stage of the proceedings.



Sectio& 1*. "ompelled %estimony. - Anyitness admitted into the !rogram pursuant to

Sections 9 and 5: of this Act cannot refuse totestify or gi$e e$idence or produce books,documents, records or writings necessary for theprosecution of the o+ense or o+enses for which

he has been admitted into the !rogram on theground of the constitutional right against self-incrimination but he shall en'oy immunity fromcriminal prosecution and cannot be sub'ected toany penalty or forfeiture for any transaction,matter or thing concerning his compelledtestimony or books, documents, records andwritings produced.



/n case of refusal of said itness to testify orgi$e e$idence or produce books, documents,records, or writings, on the ground of the rightagainst self-incrimination, and the stateprosecutor or in$estigator belie$es that suche$idence is absolutely necessary for asuccessful prosecution of the o+ense or

o+enses charged or under in$estigation, he,with the prior appro$al of the department, shall#le a petition with the appropriate court for theissuance of an order re(uiring said itness to

testify, gi$e e$idence or produce the books,documents, records, and writings described,and the court shall issue the proper order.



The court, upon motion of the stateprosecutor or in$estigator, shall order thearrest and detention of the itness in any

'ail contiguous to the place of trial or

in$estigation until such time that theitness is willing to gi$e such testimony orproduce such documentary e$idence.



Sectio& 1+. Per*ury or "ontempt. - 3o itness shall bee&empt from prosecution for per'ury or contempt

committed while gi$ing testimony or producing e$idenceunder compulsion pursuant to this Act. The penalty ne&thigher in degree shall be imposed in case of con$iction forper'ury. The procedure prescribed under ule 5 of theules of ourt shall be followed in contempt proceedingsbut the penalty to be imposed shall not be less than one 45*month but not more than one 45* year imprisonment.



Sectio& 16. "redi!ility of Witness. - /nall criminal cases, the fact of theentitlement of the itness to the protectionand bene#ts pro$ided for in this Act shall

not be admissible in e$idence to diminish ora+ect his credibility.



Sectio& 1,. Penalty for $arassment ofWitness. - Any person who harasses aitness and thereby hinders, delays,pre$ents or dissuades a itness from)



4a* attending or testifying before any 'udicial or (uasi-'udicial body or

in$estigating authority



4b* reporting to a law enforcement o%cer or 'udge the commission or possiblecommission of an o+ense, or a $iolation ofconditions or probation, parole, or release

pending 'udicial proceedings



4c* seeking the arrest of another person inconnection with the o+ense



4d* causing a criminal prosecution, or aproceeding for the re$ocation of a parole or

probation or



4e* performing and en'oying the rights andbene#ts under this Act or attempts to do so, shall

be #ned not more than Three thousand pesos4!9,:::.::* or su+er imprisonment of not lessthan si& 46* months but not more than one 45*year, or both, and he shall also su+er the penaltyof perpetual dis(uali#cation from holding publico%ce in case of a public o%cer.



Sectio& 18. #ules and #egulations. -

The Department shall promulgate suchrules and regulations as may be necessaryto implement the intent and purposes ofthis Act. Said rules and regulations shall be

published in two 4B* newspapers of generalcirculation.



Sectio& 19. #epealing "lause. - All laws,decrees, e&ecuti$e issuances, rules andregulations inconsistent with this Act arehereby repealed or modi#ed accordingly.



Sectio& (-. )unding. - The amount of Tenmillion pesos 4!5:,:::,:::.::* is herebyauthori=ed to be appropriated out of anyfunds in the 3ational Treasury not otherwise

appropriated to carry into e+ect thepurpose of this Act.



<&penses incurred in the implementation ofthe !rogram may be reco$ered as part ofthe cost or indemnity imposed upon theaccused.



0urthermore, other funding schemes orsources, sub'ect to the limitations of thelaw, shall be allowed in furtherance hereof.



Sectio& (1. Separa!ility "lause. - Thedeclaration of unconstitutionality orin$alidity of any pro$ision of this Act shallnot a+ect the other pro$isions hereof.



Sectio& ((. '(ectivity. - This Act shalltake e+ect after #fteen 457* days followingits publication in two 4B* newspapers ofgeneral circulation.

republic act no 6981 witness protection

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