QuestionsQuestions (Republic Act No. 6981)
RA 6981 is entitled the “Witness Protection, Security and Benefit Act.” It provides for a Witness Protection, Security and Benefit Program to protect eligible witnesses who testify or are about to testify in criminal or quasi-judicial proceedings or investigations, and to grant them certain rights and benefits.
The Department of Justice (DOJ), through its Secretary, formulates and implements the Witness Protection, Security and Benefit Program. The DOJ may call upon other executive agencies to assist and those agencies have a legal duty to render assistance.
Any person who witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or will testify before a judicial/quasi-judicial body or investigating authority, may apply and be admitted—subject to the statutory requirements.
Eligibility requires: (1) the offense involved is a grave felony (as defined in the Revised Penal Code) or equivalent under special laws; (2) the testimony can be substantially corroborated on material points; and (3) the witness or any family member within the second civil degree of consanguinity or affinity is subjected to threats, likelihood of harm, harassment, intimidation, or corruption to prevent testimony or to make them testify falsely/evasively—because of the testimony.
A law enforcement officer is generally not eligible for protection under Section 3. If the applicant is a law enforcement officer (even if testifying against other law enforcement officers), only the immediate members of his family may avail themselves of protection under the Act.
The applicant must execute a Memorandum of Agreement outlining responsibilities, including: to testify and provide information to appropriate law enforcement; avoid committing crime; take precautions to avoid detection of protection facts; comply with legal obligations and civil judgments; cooperate with government protection officers; and regularly inform the program official of current activities and address.
A substantial breach of the Memorandum of Agreement is a ground for termination. Before terminating, the Secretary of Justice must send notice to the person involved stating the reason for termination.
All proceedings involving application and action for admission into the Program are confidential. Information/documents supporting the proceedings are not released except upon written order of the DOJ or the proper court. Violators may be punished with 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.
Examples include: (1) secure housing facilities until the threat is reduced or manageable, with possible relocation and/or change of personal identity; (2) assistance in obtaining a means of livelihood when practicable; (3) financial assistance for support of the witness and family relocated pursuant to the Act; (4) protection from removal/demotion due to absences for testimony (with employer notification via DOJ certification); (5) payment of equivalent salaries/wages for days absent due to witness duty; (6) reasonable travelling and subsistence expenses; (7) free medical treatment and hospitalization at the expense of the Program; and (8) death/burial and education benefits for dependents, as provided in the law.
It prohibits removal or demotion from work because of absences due to witness duty, as long as the employer is notified through a DOJ certification within 30 days from the date the witness last reported for work. For prolonged transfer or permanent relocation, the employer may remove the witness only after securing clearance from the Department, upon recommendation of the DOLE.
For cases where a witness admitted into the Program testifies, the judicial/quasi-judicial body or investigating authority shall assure a speedy hearing or trial and endeavor to finish the proceeding within three (3) months from filing of the case.
A State Witness is a person who participated in the commission of a crime and desires to be a witness for the State. Admission requires: grave felony; absolute necessity of testimony; no other direct evidence available; substantially corroborated testimony; the witness does not appear to be most guilty; and no conviction involving moral turpitude.
The DOJ certification of admission is given full faith and credit by the provincial/city prosecutor, who is required not to include the witness in the criminal complaint/information or to petition for discharge if included. The court shall order discharge and exclusion. Admission entitles the State Witness to immunity from criminal prosecution for the offense(s) in which testimony will be given or used and to rights/benefits under Section 8.
No. If the application is denied, the sworn statement and any other testimony given in support of the application is not admissible in evidence, except for impeachment purposes.
A registered Witness who fails or refuses to testify without just cause may be prosecuted for contempt. If the witness testifies falsely or evasively, they may be prosecuted for perjury. For a State Witness, failure/refusal, false/evasive testimony, or violation of conditions accompanying immunity (as determined after a court hearing) results in removal of immunity and liability for contempt or criminal prosecution; rights/benefits under the Act are deemed terminated.
A Witness admitted under Sections 3 and 10 cannot refuse to testify or produce books/documents/records/writings on the ground of self-incrimination. They enjoy immunity from criminal prosecution and cannot be penalized or subjected to forfeiture for transactions/matters/things concerning compelled testimony or produced documents.
Any person who harasses a Witness to hinder/delay/prevent/discourage testimony, reporting crimes, seeking arrest, causing prosecution/revocation proceedings, or performing rights under the Act may be fined up to PHP 3,000 or imprisoned from six (6) months to one (1) year, or both. If the offender is a public officer, perpetual disqualification from holding public office may apply.
The DOJ must promulgate rules and regulations necessary to implement the Act, and these rules must be published in two (2) newspapers of general circulation. The Act takes effect after fifteen (15) days following publication in two (2) newspapers of general circulation.