Immunity for Govt Witnesses in Criminal Cases

The decree declares that sophisticated and widespread criminal activities have weakened the Nation’s economic stability, threatened its security, and undermined the general welfare of citizens.
The decree identifies limited and inadequate evidence-gathering and citizen reluctance to testify due to fear or reprisal as causes of continuing crime growth.
The decree requires the provocation of citizens’ total involvement in the campaign against criminal elements by providing immunity for witnesses who give vital information to the government.
The decree also provides compulsory process to address uncooperative and recalcitrant witnesses.

“Witnesses” means any person who, having organs of sense, can perceive and can make known his perceptions to others (Section 1(a)).
“Court” means any military or civil court, quasi-judicial body, or special court/tribunal (Section 1(b)).
“Agency” means any government agency, instrumentality, body, or officer legally authorized to perform investigation or law enforcement functions and to gather or receive information and/or evidence in connection with such functions (Section 1(c)).
“Vital information” means any information, document, record, book, writing, or any other evidence necessary to build up the people’s case and/or secure the conviction of criminals (Section 1(d)).
“Organized/syndicated crime” means any crime committed by an organized/syndicated crime group, including but not limited to arson, robbery (hold-up), kidnapping for ransom, prostitution, illegal recruitment, carnapping, smuggling and piracy, cattle rustling, illicit drug trafficking, labor rackets, land title rackets, manufacture and/or circulation of fake documents, license, stamps, currencies and other government forms, counterfeiting and bank frauds, consumer frauds, and other illegal activities of such groups (Section 1(e)).
“Organized/syndicated crime group” means a group of two (2) or more persons collaborating, confederating, or mutually helping one another in the commission of any organized/syndicated crime (Section 1(f)).

The decree applies when a state prosecutor, fiscal, special counsel, investigator, or military lawyer determines that witness testimony and/or production of evidence is absolutely necessary in a case or proceeding (Section 3).
The decree covers proceedings before any court or investigate agency involving:
- a crime against national security or public order as defined in the Revised Penal Code; or
- a syndicated/organized crime as defined in the decree; or
- any other crime punishable with a penalty of at least prision mayor (Section 3).
The decree applies when witnesses have refused to testify or refused to produce the other evidence by invoking their constitutional privilege against self-incrimination (Section 3).
The decree covers compelling a witness to testify and/or produce documents, papers, books, records, writings, or other evidence requested in the application (Section 3).
The decree provides immunity only for compelled acts and transactions/matters connected to what the witness is compelled to do and testify in (Section 4).

A Special Committee is created to be composed of the Minister of National Defense, the Minister of Justice, and the Tanodbayan, or their duly authorized representatives (Section 2).
The Committee elects from among themselves a chairman to preside over deliberations (Section 2).
Unanimous vote of all the members is required for the issuance of an order compelling a witness to testify or to produce other evidence under Section 3, or for recommending to the President under Section 6 the arrest and confinement of a person refusing to comply (Section 2).
All other Committee decisions are by majority vote (Section 2).

The process begins when a state prosecutor, fiscal, special counsel, investigator, or military lawyer applies in writing to the Committee for an order enjoining the witness to testify and/or produce evidence (Section 3).
The written application must state the reasons for the application (Section 3).
The Committee must take into consideration four specific criteria before granting an application:
- absolute necessity of the testimony and/or production of the requested evidence;
- absence of other direct evidence available for proper prosecution except the testimony and/or requested evidence;
- the testimony and/or requested evidence can be substantially corroborated in its material points; and
- if the witness is a suspect, respondent, or defendant, the witness does not appear to be the most guilty (Section 3).
The Committee may summon the applicant to clarify matters relative to the application or to further substantiate it (Section 3).
A Committee resolution denying the application is final and unappealable (Section 3).
If the Committee grants the application, it must forthwith issue an order directing and compelling the witness to testify and/or produce the requested evidence (Section 3).
No person may be compelled to testify on matters considered privileged under Sections 20 and 21, Rule 130 of the Revised Rules of Court (Section 3).

A witness compelled under Section 3 enjoys immunity from criminal prosecution (Section 4).
A compelled witness cannot be subjected to any penalty of forfeiture for any transaction, matter, or thing concerning that which the witness is compelled to do and/or testify in any proceedings (Section 4).
Immunity applies except in cases provided in Section 5 (Section 4).

A witness is not exempt from prosecution for perjury committed while giving testimony or producing evidence under compulsion pursuant to the decree (Section 5).
A witness is not exempt from prosecution for contempt committed while giving testimony or producing evidence under compulsion pursuant to the decree (Section 5).

When a witness refuses to comply with a Committee order requiring testimony and/or production of evidence, the President, upon recommendation of the Committee, may order the witness’s arrest and confinement in any jail contiguous to the place of trial or investigation (Section 6).
The confinement lasts until the witness is willing to give the testimony or produce the evidence (Section 6).
The detained witness may request reconsideration of the President’s order of arrest and confinement, but the request does not stay execution of the order (Section 6).
The President may, before resolving the request, refer it to the Committee or to any of his staff (Section 6).
A person ordered confined by the President is not allowed temporary liberty on bail (Section 6).
The President may, in discretion and under terms and conditions imposed, order temporary release (Section 6).

The Committee promulgates rules and regulations to implement the decree effectively (Section 7).
Laws, decrees, orders, rules, and regulations inconsistent with the decree are hereby repealed or modified (Section 8).

The decree contains a separability clause: if one or more provisions are held unconstitutional, the validity of other provisions is not affected (Section 9).