Witness Protection Act IRR 1991

Committee, Composition, and Powers

The Department creates a Committee to assist in implementation of the Act.
The Secretary designates the Committee members.
The Committee is composed of: (1) Undersecretary for the National Prosecution Service (NPS) as Chairman and Executive Officer, (2) Chief State Prosecutor as Vice-Chairman, and (3) three (3) Assistant Chief State Prosecutors as Members.
The Committee recommends measures for formulation, administration, control, supervision, and effective implementation of the Program.
The Committee examines applicants and relevant sworn statements, determines compliance with the Act and the rules, and recommends admission to the Secretary.
The Committee recommends to the Secretary the termination of rights and benefits for a substantial breach of the Memorandum of Agreement.
The Committee coordinates implementation among other government agencies and performs other lawful duties as the Secretary may deem necessary.

Who May Enter the Program

Any person who has witnessed or has knowledge of or information on the commission of a crime and has testified or is testifying or about to testify before a judicial or quasi-judicial body or an investigating authority may be admitted if all listed conditions are met.
Admission requires the offense involved be a grave felony under the Revised Penal Code or its equivalent under special laws.
Admission requires that the person’s testimony can be substantially corroborated in its material points.
Admission requires that the witness or a family member within the second civil degree of consanguinity or affinity is subjected to threats to life or bodily injury, or there is a likelihood they will be killed, forced, intimidated, harassed, or corrupted to prevent testimony or to induce false or evasive testimony because of the testimony.
Admission requires that the applicant is not a law enforcement officer; if the applicant is a law enforcement officer, only the applicant’s immediate members of the family may avail themselves of protection.
For legislative investigations in aid of legislation, a witness with express consent may be admitted upon the recommendation of the legislative committee where testimony is needed, only when the recommendation is approved by the President of the Senate or the Speaker of the House of Representatives, as applicable.
For persons who participated in the commission of a crime and desire to be a State Witness, admission requires the enumerated conditions: grave felony; absolute necessity; no other direct evidence; substantial corroboration; the person does not appear to be the most guilty; and no conviction of any crime involving moral turpitude.

Terms, Documents, and Definitions Used

The Act refers to R.A. No. 6981, the Witness Protection, Security and Benefit Act.
The Program is the Witness Protection, Security and Benefit Program the Department formulates and implements under the Act.
The term Witness covers persons who meet the described knowledge-of-crime and testimony requirement and are admitted into the Program.
The term State Witness includes enumerated classes with specific eligibility requirements, including an accused discharged under Sections 9 & 10, Rule 119 of the 1985 Rules on Criminal Procedure, as amended.
A Memorandum of Agreement is the document executed by a person seeking protection setting responsibilities, including: to testify and provide information to appropriate law enforcement officials; to avoid committing crime; to take necessary precautions to avoid detection of facts about the protection; to comply with legal obligations and civil judgments; to cooperate with reasonable government requests concerning protection; and to regularly inform the appropriate Program official of current activities and address.
A Sworn Statement is the statement executed by an applicant detailing knowledge or information on the crime, or executed by a State Witness describing in detail the manner the offense was committed and the State Witness’s participation.

Admission Process and Confidentiality

Applicants must fill up and file an application form provided by the Department.
Upon receipt, applications are docketed and transmitted to the Committee Chairman for assignment.
The assigned Committee member evaluates the applicant and relevant facts to determine compliance with the Act and the implementing rules.
If convinced of compliance after examination and verification of authenticity of submitted evidence/documents, the assigned member submits a recommendation to the Committee.
The Committee recommends to the Secretary the applicant’s admission into the Program.
Before admission, the witness must execute a Sworn Statement detailing knowledge or information on the commission of the crime; after that, a certification of admission is issued.
After the admission certificate and before protection is provided, the witness must execute a Memorandum of Agreement setting forth the responsibilities listed in the rules.
For legislative investigations in aid of legislation, a witness with express consent may be admitted upon recommendation of the legislative committee where testimony is needed, provided the recommendation is approved by the President of the Senate or the Speaker of the House of Representatives, as the case may be.
All proceedings involving admission applications and actions taken are confidential.
No information or documents supporting an application are released except upon a written order of the Secretary of Justice or the proper court.

Witness Rights and Benefits

A witness may, at the witness’s option, have all or any of the enumerated rights and benefits.
The Program provides the witness a secure housing facility until the witness has testified or the threat/intimidation/harassment disappears or is reduced to a manageable or tolerable level.
The Program provides relocation and/or change of personal identity at the Program’s expense when circumstances warrant.
The witness’s relocation-related benefits may extend to family members within the second civil degree of consanguinity or affinity.
The Department assists the witness in obtaining means of livelihood whenever practicable.
A witness relocated under the Act is entitled to financial assistance from the Program for support of the witness and family in an amount and duration determined by the Department.
A witness shall not be removed from or demoted in work because of absences due to attendance in required proceedings (including legislative investigations) in going thereto and coming therefrom.
The employer must be notified through a certification issued by the Department within thirty (30) days of the date when the witness last reported for work.
In cases of prolonged transfer or permanent relocation, the employer has the option to remove the witness from the Department upon recommendation of the Department of Labor and Employment.
Any witness who failed to report for work because of Witness duty receives equivalent salaries or wages for the number of days of absence due to the Program; any fraction of a day counts as a full day for salary or wage purposes.
The wages/salary compensation applies to both government and private employees.
The Program provides reasonable traveling expenses and subsistence allowance, in an amount determined by the Department, for attendance before the court/body/authority where testimony is required, and for conferences and interviews with prosecutors or investigating officers.
The Program provides free medical treatment, hospitalization, and medicines for injury or illness incurred or suffered due to Witness duty in private or public hospitals/clinics/institutions at the expense of the Program.
If a witness is killed due to participation in the Program, heirs receive a burial benefit of not less than Ten Thousand pesos (P10,000.00) from the Program, exclusive of other similar benefits under existing laws.
If a witness dies or suffers permanent incapacity, the witness’s minor or dependent children receive free education from primary to college level in any state or private school, college, or university as determined by the Department, as long as the children qualify.

Violations, Penalties, and Effect on Immunity

Any person who violates confidentiality of proceedings involving admission and actions taken thereon, upon conviction, is punished with imprisonment of not less than one (1) year and not more than six (6) years, plus deprivation of the right to hold public office or employment for five (5) years.
Any witness admitted into the Program who fails or refuses to testify or continue testifying without just cause when lawfully obliged is prosecuted for contempt.
If a witness testifies falsely or evasively, the witness is liable to prosecution for perjury.
If a State Witness falls or refuses to testify, testifies falsely or evasively, or violates any condition accompanying immunity without just cause as determined in a hearing by the proper court, the State Witness’s immunity is removed.
When a State Witness’s immunity is removed under the rules, the enjoyment of all rights and benefits under the Act is deemed terminated.
No witness is exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to the Act.
The penalty next higher in degree is imposed upon conviction for perjury.
Contempt proceedings follow the procedure under Rule 71 of the Rules of Court, but the penalty imposed is not less than one (1) month but not more than one (1) year imprisonment.
Any person who harasses a witness and thereby hinders, delays, prevents, or dissuades a witness from attending or testifying before any judicial or quasi-judicial body or investigating authority; reporting to a law enforcement officer or judge; seeking arrest of another person in connection with the offense; causing criminal prosecution or revocation proceedings; or performing and enjoying rights and benefits under the Act (or attempts to do so) is fined not more than Three thousand pesos (P3,000.00) or imprisoned from not less than six (6) months to not more than one (1) year, or both.
A person who commits such harassment as a public officer additionally suffers perpetual disqualification from holding public office.

Effectivity and Adoption

The rules and regulations adopted become effective after fifteen (15) days following publication in two (2) newspapers of general circulation.
The rules were adopted on 12 Aug. 1991.
Franklin M. Drilon, Secretary, adopted the rules.