QuestionsQuestions (PRESIDENTIAL DECREE NO. 1731)
PD 1731 was issued to neutralize crimes against national security and public order, and organized/syndicated crime, by encouraging citizens to testify through rewards, incentives, protection, and in certain cases immunity from criminal prosecution.
It is defined as any crime committed by an organized/syndicated crime group, including arson, robbery (hold-up), kidnapping for ransom, prostitution, illegal recruitment, carnapping, smuggling, piracy, cattle rustling, illicit drug trafficking, labor rackets, land title rackets, manufacture/circulation of fake documents, license/stamps/currencies and other government forms, counterfeiting, and bank frauds, consumer frauds, and other illegal activities of such groups.
A group of two (2) or more persons collaborating, confederating, or mutually helping one another in committing any organized/syndicated crime.
Any person who, having the organs of sense, can perceive and, perceiving, can make known his perception to others.
Any information, document, book, writing, or other evidence necessary to build the people’s case and/or secure the conviction of criminals.
The Minister of National Defense, upon the recommendation of the Chief of the Philippine Constabulary or the chief of any law enforcement agency.
When, in the judgment of the Minister of National Defense, testimony from or willingness to testify by a witness would place the witness’s life or person (or the life or person of a member of his family/household) in danger.
Security; purchase/rent/remodel protected housing and facilities and other measures for health, safety, and welfare; relocation and/or new identities for the witness and immediate family; and monetary rewards in amounts specified by the penalty imposable.
If the penalty imposable is life imprisonment to death: PHP 50,000; if 12 years and 1 day to 20 years: PHP 40,000; if 6 years and 1 day to 12 years: PHP 30,000; if below 6 years: PHP 25,000.
When the testimony of a witness is necessary, the prosecutor or fiscal must file an application for the witness’s production and appearance with the Ministry of National Defense.
Immunity attaches upon recommendation and approval as stated in the decree, and (for witnesses offering to testify) it attaches only upon actually testifying in court in accordance with the undertaking accepted by the prosecutor/fiscal/military lawyer.
(1) Absolute necessity for the testimony/information; (2) no other direct evidence available except the testimony/information; (3) the testimony/information can be substantially corroborated on material points; and (4) if the witness is a suspect/respondent/defendant, he does not appear to be the most guilty.
It states that in all criminal cases, the fact of entitlement to incentives/benefits is not admissible in evidence to diminish or affect the witness’s credibility.
The Minister of National Defense and the Minister of Justice are authorized to call on other ministries, bureaus, offices, and government instrumentalities, including GOCCs, and they jointly promulgate rules and regulations for implementation.
If one or more provisions are held unconstitutional, the validity of the other provisions is not affected—helpful in sustaining the rest of the decree even if part is struck down.
Section 9 provides that all laws, rules, and regulations inconsistent with PD 1731 are repealed and/or modified accordingly.
Section 7 appropriates PHP 10,000,000.00 out of any funds in the National Treasury not otherwise appropriated to carry into effect the decree.