Composition and Function of the Committee
- Composed of Undersecretary for National Prosecution Service (Chairman), Chief State Prosecutor (Vice-Chairman), and three Assistant Chief State Prosecutors.
- Functions include recommending measures for Program implementation, examining applicants and sworn statements, recommending admissions and terminations, coordinating with government agencies, and additional duties as required by law or Secretary.
Eligibility for the Program
- Persons who witnessed or have information on a grave felony, with corroborated testimony, and subject to threats to life or intimidation because of their testimony.
- Exclusive of law enforcement officers as direct beneficiaries; protection may extend to immediate family.
- Witnesses in legislative investigations may be admitted with consent and upon legislative committee recommendation and approval by Senate or House leaders.
- Participants in crimes who cooperate as State Witnesses under specified conditions including absolute necessity and corroboration.
Application, Evaluation, and Admission Procedures
- Applicants must file a form with DOJ.
- Committee members evaluate applications, verify evidence authenticity, and recommend admission to Secretary of Justice.
- Witness must execute a sworn statement and sign a Memorandum of Agreement prior to admission.
- Legislative witnesses admitted upon committee recommendation and legislative approval.
- Proceedings and applications are confidential; information released only by Secretary or court order.
Rights and Benefits of Protected Witnesses
- Secure housing until testimony is complete or threat is mitigated.
- Possible relocation and personal identity change at Program expense, extendable to close family.
- Assistance in securing livelihood and financial support during relocation.
- Protection against job removal or demotion due to attendance in proceedings, with employer notification requirements.
- Compensation for wages lost due to court attendance.
- Travel expenses and subsistence allowance for court attendance.
- Free medical treatment for injuries or illnesses incurred from witness duties.
- Burial benefits for witnesses killed related to Program participation.
- Educational benefits for minor dependent children in case of death or permanent incapacity.
Violations and Penalties
- Breach of confidentiality: imprisonment 1-6 years and disqualification from public office for 5 years.
- Witness refusal to testify or false testimony: prosecution for contempt or perjury, removal of immunity, termination of Program benefits.
- No exemption from prosecution for perjury or contempt with increased penalties.
- Harassment of witnesses: fines up to P3,000 or imprisonment 6 months to 1 year, perpetual disqualification for public officers.
Effectivity
- Rules and regulations effective 15 days after publication in two newspapers of general circulation.
- Promulgated by Secretary of Justice on August 12, 1991.