Question & AnswerQ&A (DOJ)
Republic Act No. 6981, known as the Witness Protection, Security and Benefit Act, is designed to provide protection, security, and benefits to witnesses in cases involving grave felonies or their equivalents under special laws to ensure their safety and effective testimony.
A Witness is any person who has witnessed or has knowledge of or information on the commission of a grave felony or its equivalent under special laws and has testified or is testifying before any judicial, quasi-judicial, or legislative body or any investigating authority and is admitted into the Program.
A State Witness is a person who has participated in the commission of a crime but desires to be a witness for the State under specific conditions such as the necessity of their testimony, absence of other direct evidence, corroborated testimony, and no prior conviction for crimes involving moral turpitude; or a person accused but discharged from criminal charges under certain procedural rules.
The person must have knowledge of or information on a grave felony, testify or be willing to testify, have corroborated testimony, face threats or intimidation related to the testimony, and must not be a law enforcement officer seeking protection for himself but only his immediate family is qualified.
The Committee is composed of the Undersecretary for the National Prosecution Service as Chairman and Executive Officer, a Chief State Prosecutor as Vice-Chairman, and three Assistant Chief State Prosecutors as members.
Functions include recommending measures for the Program's implementation, examining applications, recommending admission or termination, coordinating with government agencies, and performing other duties necessary for effective implementation of the Program.
An applicant must file a duly accomplished application, be evaluated and examined by a Committee member for compliance, execute a sworn statement of knowledge on the crime, and enter into a Memorandum of Agreement outlining obligations before being admitted.
All proceedings and related actions are confidential, and no information or documents can be released except by written order of the Secretary of Justice or a proper court.
Rights include secured housing facility until testimony is complete or threat diminishes, relocation or change of identity at the Program’s expense, and assistance in obtaining livelihood or financial support for the witness and family as determined by the Department.
Persons violating confidentiality shall face imprisonment of not less than one (1) year but no more than six (6) years and deprivation of the right to hold public office or employment for five (5) years.
The witness may be prosecuted for contempt, removal of immunity if a State Witness, loss of all rights and benefits under the Act, and may face criminal prosecution for perjury if testifying falsely or evasively.
No, the witness shall not be removed or demoted due to absences for witness duty, provided their employer is notified properly. In prolonged cases, the employer may remove the witness upon DOLE recommendation.
A Memorandum of Agreement, which sets forth the witness’s responsibilities including cooperating with authorities, avoiding crime, protecting the confidentiality of the protection, and keeping the Program informed.
They are entitled to a burial benefit of at least Ten Thousand pesos (P10,000) from the Program, exclusive of other benefits under existing laws.
A witness may be admitted with express consent upon recommendation of the legislative committee, approved by the President of the Senate or the Speaker of the House, when there is a pressing necessity for their testimony.