Title
Witness Protection, Security and Benefit Act
Law
Republic Act No. 6981
Decision Date
Apr 24, 1991
A Philippine law establishes a program to protect and provide benefits to witnesses of crimes, allowing them to receive housing, relocation, change of identity, livelihood assistance, and other benefits in exchange for their testimony, while maintaining confidentiality and ensuring a speedy hearing or trial.

Law Summary

Eligibility for Admission into the Program

  • Individuals who have knowledge of or have testified about the commission of a grave felony may be admitted.
  • Conditions include substantial corroboration of testimony, credible threats against the witness or family, and exclusion of law enforcement officers, except for immediate family protection.
  • Admission requires execution of a sworn statement and issuance of a certification.

Inclusion of Witnesses in Legislative Investigations

  • Witnesses may be admitted with their consent upon recommendation by the relevant legislative committee and approval from the Senate President or House Speaker.

Memorandum of Agreement Prior to Protection

  • The witness must agree to responsibilities such as providing testimony, cooperating with authorities, avoiding crime, maintaining confidentiality of protection, complying with legal obligations, and regularly updating government officials.

Termination of Protection for Breach

  • Protection may be terminated for substantial breach of the memorandum.
  • The Secretary of Justice must notify the witness stating reasons for termination before effecting it.

Confidentiality of Proceedings

  • All applications and proceedings under the Program are confidential.
  • Disclosure of information requires written authorization.
  • Violations lead to imprisonment (1-6 years) and disqualification from public office for 5 years.

Rights and Benefits of the Witness

  • Secure housing until testimony or threat subsides.
  • Relocation and identity change at government expense, including for family within the second degree of consanguinity or affinity.
  • Assistance in finding livelihood, financial support during relocation.
  • Protection against removal or demotion from work due to witness duties.
  • Paid equivalent wages for days absent due to testimony.
  • Reasonable travel expenses and subsistence allowance.
  • Free medical care for injuries suffered due to witness duties.
  • Burial benefits and educational support for dependent children in case of death or incapacity.

Expedited Proceedings for Protected Witnesses

  • Courts or investigating bodies must ensure speedy hearing or trial, aiming to conclude within three months from filing.

Admission of State Witnesses

  • Persons who participated in a crime can be admitted if their testimony is crucial.
  • Requirements include grave felony, necessity, corroboration, lack of extreme guilt, and no previous crimes involving moral turpitude.
  • Discharge from an information or complaint may be granted for utilization as State Witness.

Sworn Statement by State Witness Applicants

  • Must detail the crime and participation.
  • Denied applications result in exclusion of such testimony from evidence except for impeachment.

Effects of State Witness Admission

  • Prosecutors must exclude the State Witness from criminal complaints.
  • Courts shall order discharge of admitted State Witnesses.
  • Immunity from prosecution for offenses related to testimony and entitlement to benefits.

Duties and Penalties for Witness Non-Compliance

  • Failure or refusal to testify without just cause results in contempt charges.
  • False or evasive testimony leads to perjury prosecution.
  • Immunity may be revoked for State Witnesses violating conditions.
  • Rights and benefits terminate upon such violations.
  • Witnesses may purge contempt by later compliance.

Compelled Testimony and Immunity from Self-Incrimination

  • Witnesses cannot refuse to testify on self-incrimination grounds but have immunity from prosecution related to their testimony.
  • Courts may order compulsory testimony and detain witnesses refusing without cause.

Prosecution for Perjury or Contempt

  • Witnesses remain liable for perjury or contempt during compelled testimony.
  • Perjury conviction carries an increased penalty.
  • Contempt penalties range from 1 month to 1 year imprisonment following procedural rules.

Credibility of the Witness Unaffected

  • Testimony credibility cannot be diminished by the fact that witness is protected under this Act.

Penalties for Harassment of Witnesses

  • Harassment that hinders witness duties is punishable by fine (up to P3,000), imprisonment (6 months to 1 year), or both.
  • Public officers guilty of harassment face perpetual public office disqualification.

Rulemaking Authority

  • The Department of Justice shall promulgate necessary rules and regulations, published in two newspapers of general circulation.

Repealing Clause

  • All inconsistent laws, decrees, and issuances are repealed or modified accordingly.

Funding Provisions

  • An initial appropriation of Ten Million Pesos is mandated from the National Treasury.
  • Program expenses may be recovered as costs or indemnities from accused persons.
  • Other lawful funding sources are permitted.

Separability and Effectivity Clauses

  • Invalidity of any provision does not affect the rest of the Act.
  • The Act takes effect 15 days after publication in two newspapers of general circulation.

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