Question & AnswerQ&A (Republic Act No. 6981)
Republic Act No. 6981 is officially known as the "Witness Protection, Security and Benefit Act."
The Department of Justice, through its Secretary, is responsible for formulating and implementing the Witness Protection, Security and Benefit Program.
Any person who has witnessed or has knowledge or information on the commission of a grave felony and who has testified or is testifying before a judicial or quasi-judicial body or investigating authority, provided the testimony can be substantially corroborated and there is a threat to the person or their family, may be admitted into the Program.
No, law enforcement officers cannot be admitted as witnesses; however, immediate members of their family may avail of protection provided under the Act.
The person must execute a memorandum of agreement that sets forth responsibilities such as testifying truthfully, avoiding crime commission, cooperating with government protection officers, and regularly informing program officials of their activities and address.
A substantial breach of the memorandum is grounds for termination of protection, with the Secretary of Justice required to send a notice stating the reason for termination before such action.
All proceedings and actions regarding admission into the Program are confidential, and information shall only be released upon written order of the Department or proper court.
Rights and benefits include secure housing, possible relocation and identity change, assistance in livelihood, financial support, job protection, travelling expenses, medical care, burial benefits if killed, and education benefits for dependents in case of death or permanent incapacity.
The witness may be prosecuted for contempt, and if the refusal is by a State Witness, immunity may be removed and prosecution may follow, including termination of benefits.
A witness cannot refuse to testify on grounds of self-incrimination if admitted into the Program; however, they enjoy immunity from criminal prosecution and cannot be penalized for their compelled testimony or evidence produced.
Violators shall face imprisonment of one (1) to six (6) years, and deprivation of the right to hold public office or employment for five (5) years.
Yes, provided there is an absolute necessity for their testimony, no other direct evidence is available, their testimony can be corroborated, they do not appear most guilty, and have no conviction for crimes involving moral turpitude.
They shall be liable for prosecution for perjury and may lose immunity and benefits under the Program.
No, this fact shall not be admissible to diminish or affect the witness's credibility in any criminal case.
Harassment is punishable by a fine up to Three thousand pesos, imprisonment from six months to one year, or both, and perpetual disqualification from public office if the harasser is a public officer.