Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1731)
The main purpose of Presidential Decree No. 1731 is to provide rewards, incentives, protection, and, in certain cases, immunity from criminal prosecution to government witnesses and informants to encourage their testimony against crimes against national security, public order, and organized/syndicated crime.
Organized/Syndicated Crime is defined as any crime committed by an organized/syndicated crime group, including crimes such as arson, robbery, kidnapping for ransom, prostitution, illegal recruitment, carnapping, smuggling, piracy, cattle rustling, illicit drug trafficking, labor rackets, land title rackets, production of fake documents, counterfeiting, bank frauds, consumer frauds, and other illegal activities.
A 'Witness' refers to any person who, having organs of sense, can perceive and, perceiving, can make known his perception to others. Specifically, it includes those who provide testimony or vital information leading to the arrest and/or prosecution of members of organized/syndicated crime groups or crimes against national security and public order.
The Minister of National Defense can provide security measures, protected housing, relocate the witness and their family members, offer new identities, and provide for their health, safety, and welfare if their life or person is in danger due to their testimony or information.
The rewards are based on the penalties applicable to the crimes committed: 50,000 pesos for life imprisonment to death, 40,000 pesos for imprisonment from 12 years and 1 day to 20 years, 30,000 pesos for imprisonment from 6 years and 1 day to 12 years, and 25,000 pesos for imprisonment below 6 years.
A witness can be granted immunity if their testimony or information is absolutely necessary, no other direct evidence exists, the information is substantially corroborated, and the witness is not the most guilty among suspects or defendants. The immunity attaches only upon actual testimony in court.
No, the fact that a witness is entitled to incentives and benefits under this decree shall not be admissible in evidence to diminish or affect the credibility of the witness.
They are authorized to call on other government agencies to assist in implementing the decree and are required to jointly promulgate the necessary rules and regulations to effectively enforce its provisions.
An amount of ten million pesos (P10,000,000.00) is appropriated out of the National Treasury to carry out the provisions of the decree.
All laws, rules, and regulations inconsistent with this decree are repealed or modified accordingly.