Policy and purpose
- The decree is driven by the need to neutralize crimes against National Security or Public Order and organized/syndicated crime before they grow to unmanageable proportions.
- The decree provides rewards, incentives, protection, and in certain cases immunity from criminal prosecution for government witnesses.
- The decree is intended to encourage public commitment to law enforcement by countering inadequate evidence-gathering and public apathy in testifying against feared malefactors.
Key definitions established
- “Government” means the Republic of the Philippines, any political subdivision, or any department, agency, or instrumentality thereof.
- “Organized/Syndicated Crime” means any crime committed by an organized/syndicated crime group, including 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.
- “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.
- “Witness” refers to any person who, having organs of sense, can perceive and—by perceiving—can make known the perception to others.
- “Vital Informations” means any information, document, book, writing, or other evidence necessary to build up the people’s base and/or secure the conviction of criminals.
Coverage and who may benefit
- The decree authorizes protective measures and rewards when, in the judgment of the Minister of National Defense, testimony from or willingness to testify by a witness would place the witness life or person, or the life or person of a member of his family or household, in danger.
- The protective measures and rewards cover witnesses who testified or are willing to testify, and those who provided or are willing to provide vital information leading to the arrest and/or prosecution of members of an organized/syndicated crime group or persons who participated in organized/syndicated criminal activity, or in crimes against national security and public order.
- The decree grants immunity from criminal prosecution to certain informants or witnesses who testify and/or provide vital information regarding the existence or activity of a relevant group and/or the culpability of individual members.
- The decree applies to criminal cases where witnesses claim incentives and benefits under the decree.
Security, protection, and relocation
- The Minister of National Defense, upon recommendation of the Chief of the Philippine Constabulary or the chief of any law enforcement agency, is authorized to provide security for a witness who testified/will testify or who provided/will provide vital information.
- The Minister of National Defense is authorized to purchase, rent, or remodel protected housing and facilities, and to offer other measures for the health, safety, and welfare of such witnesses and potential witnesses and their families.
- A person availing of facilities offered by the Minister of National Defense may continue using them as long as the Minister of National Defense determines there is danger to the person’s life or person.
- Upon application, the Minister of National Defense is authorized to relocate and/or provide new identities to witnesses and their immediate family members.
- For all legal purposes, the grant of new domiciles and new identities—duly certified by the Minister of National Defense—shall be valid and binding on all courts, ministries, agencies, and instrumentalities of the government as acquired under existing law.
Monetary rewards tied to penalty imposable
- The Minister of National Defense may grant monetary rewards to such witnesses in the following amounts, based on the penalty imposable for the crime committed:
- PHP 50,000 if the penalty imposable is life imprisonment to death.
- PHP 40,000 if the penalty imposable is imprisonment of from twelve years and one day to twenty years.
- PHP 30,000 if the penalty imposable is imprisonment of from six years and one day to twelve years.
- PHP 25,000 if the penalty imposable is imprisonment below six years.
Production and appearance in court
- When, in the judgment of the prosecutor or fiscal, a witness—who is provided security pursuant to Section 2—must be produced and appear, an application for production and appearance must be filed with the Ministry of National Defense.
Immunity from criminal prosecution
- A witness or informant who testifies or provides vital information regarding:
- the existence or activity of a group involved in crimes against national security or public order, or
- an organized/syndicated crime or crime group, and/or
- the culpability of individual members,
shall, upon recommendation of the state prosecutor, fiscal, or military lawyer, as approved by the Minister of National Defense or the Minister of Justice (as the case may be), be immune from criminal prosecution for participation or involvement in the criminal activity that is the subject of the investigation or prosecution.
- Immunity is in addition to the benefits under Section 2.
- Immunity from criminal prosecution for a witness offering to testify attaches only upon actually testifying in court, in accordance with the undertaking accepted by the state prosecutor, fiscal, or military lawyer.
- Immunity applies only if the following conditions are complied with:
- There is absolute necessity for the witness’s testimony and/or the information given regarding the group’s existence/activity and/or individual culpability.
- There is no other direct evidence available for the proper prosecution of the offense, except the witness’s testimony and/or information.
- The testimony or information can be substantially corroborated in its material points.
- If the witness is a suspect, respondent, or defendant in a case under investigation or filed in court, the witness does not appear to be the most guilty.
Evidentiary treatment of entitlements
- In all criminal cases, the fact that a witness is entitled to incentives and other benefits under the decree is not admissible in evidence to diminish or affect the witness’s credibility.
Inter-agency coordination
- The Minister of National Defense and the Minister of Justice are authorized to call directly on other ministries, bureaus, offices, and other government instrumentalities or agencies, including government-owned or controlled corporations, to accomplish the decree’s purposes.
Appropriation, implementation rules, and authority
- PHP 10,000,000.00 is appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the decree.
- The Minister of National Defense and the Minister of Justice shall jointly promulgate the necessary rules and regulations to effectively implement the decree.
Repeal, separability
- All laws, rules and regulations inconsistent with Presidential Decree No. 1731 are repealed and/or modified accordingly.
- The decree contains a separability clause: provisions are separable, and if one or more provisions are held unconstitutional, the validity of the other provisions remains unaffected.