QuestionsQuestions (DOJ)
It is issued pursuant to Section 18 of R.A. No. 6981 to implement and operationalize the Witness Protection, Security and Benefit Act.
Any person who has witnessed or has knowledge of or information on the commission of a grave felony (or equivalent under special laws), has testified or is testifying before a judicial, quasi-judicial, or legislative body, or an investigating authority, and is admitted into the Program.
The IRR requires: (1) the offense is a grave felony (RPC or equivalent under special laws); (2) absolute necessity for the testimony; (3) no other direct evidence for proper prosecution; (4) testimony can be substantially corroborated on material points; (5) he does not appear to be the most guilty; and (6) he has not been convicted of any crime involving moral turpitude.
Any person accused of a crime who has been discharged from an information or criminal complaint pursuant to Sections 9 & 10, Rule 119 of the 1985 Rules on Criminal Procedure, as amended.
A document executed by a person seeking protection under the Act, setting forth responsibilities such as testifying/providing information, avoiding crime, avoiding detection of protection facts, complying with legal obligations/judgments, cooperating with government officers, and regularly informing the Program official of current activities and address.
A sworn statement executed by the prospective witness describing in detail his knowledge or information about the commission of the crime; for a State Witness, it also describes the manner of commission and his participation.
Members designated by the Secretary: (1) the Undersecretary for the National Prosecution Service (NPS) as Chairman and Executive Officer; (2) Chief State Prosecutor as Vice-Chairman; and (3) three Assistant Chief State Prosecutors as members.
Recommend measures for formulation/administration/control/supervision/implementation; examine applicants and sworn statements and recommend admission/termination; coordinate with other government agencies; and perform other duties as provided by law or deemed necessary by the Secretary.
The IRR requires: (1) the offense is a grave felony (RPC or equivalent special law); (2) testimony can be substantially corroborated in material points; (3) threats/likely killing/intimidation/harassment/corruption exist to prevent truthful testimony; and (4) the applicant is not a law enforcement officer (with limited exception allowing protection only for immediate family).
A law enforcement officer is generally not eligible; if he would be testifying against other law enforcement officers, only the immediate members of his family may avail of the protection under the Act.
A witness with express consent may be admitted upon recommendation of the legislative committee that needs the testimony and that finds pressing necessity, subject to approval by the President of the Senate or the Speaker of the House, as applicable.
The application is filed and docketed, assigned to a Committee member for evaluation, who examines the applicant and verifies documents/evidence; if requirements are met, a recommendation is made to the Committee and then to the Secretary for admission; prior to admission, the witness must execute a sworn statement; after issuance of a certificate of admission, the witness must execute a Memorandum of Agreement before protection is given.
All proceedings and actions on applications are confidential; no information or documents submitted to support the application shall be released except upon written order of the Secretary of Justice or a proper court.
Examples include: secure housing; relocation/personal identity change at Program expense; assistance to obtain livelihood; financial support for support of witness and family; protection from removal/demotion due to witness duty (with employer notification requirements); payment of equivalent salaries/wages for witness duty absences; traveling expenses/subsistence; free medical treatment/hospitalization for injury/illness from witness duty; burial benefit of at least P10,000 if killed; and educational support for minor/dependent children in case of death/permanent incapacity.
Upon conviction, the penalty is imprisonment of not less than one (1) year but not more than six (6) years, and deprivation of the right to hold public office or employment for five (5) years.
He shall be prosecuted for contempt. If he testifies falsely or evasively, he is liable for perjury. For a State Witness, if he falls/refuses/testify falsely/evasively or violates conditions accompanying immunity without just cause as determined in a court hearing, his immunity is removed and he is subject to contempt or criminal prosecution, and enjoyment of rights/benefits is deemed terminated.
No. The IRR states that no witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to the Act.
Any person who harasses a witness and thereby hinders/delays/prevents/dissuades him from attending or testifying, reporting offenses/violations, seeking another person’s arrest, causing criminal prosecution/revocation proceedings, or performing/enjoying rights/benefits under the Act may be fined not more than P3,000, or imprisoned for not less than six (6) months but not more than one (1) year, or both; if the offender is a public officer, there is also perpetual disqualification from holding public office.
They become effective after fifteen (15) days following their publication in two (2) newspapers of general circulation.