Witness Protection, Security and Benefit Act

Policy, purpose, and program mandate

Section 2 mandates the Department to implement a Witness Protection, Security and Benefit Program consistent with the Act’s provisions.
Section 18 requires the Department to promulgate rules and regulations necessary to implement the intent and purposes of the Act.
Section 20 authorizes funding to carry out the Program’s purpose.

Who may enter the Program

Section 3 allows admission of any person who has witnessed or has knowledge or information on the commission of a crime and has testified, is testifying, or is about to testify before a judicial or quasi-judicial body or before any investigating authority.
Section 3 limits admission to cases where all requirements are met:
- the offense is a grave felony as defined under the Revised Penal Code, or its equivalent under special laws;
- the testimony can be substantially corroborated in its material points;
- the witness or any family member within the second civil degree of consanguinity or affinity is subjected to threats or bodily injury or there is a likelihood the witness will be killed, forced, intimidated, harassed, or corrupted to prevent testimony, or to testify falsely or evasively, because or on account of the testimony; and
- the applicant is not a law enforcement officer (even if testifying against law enforcement officers).
Section 3 provides a special rule for law enforcement officers: if the applicant is a law enforcement officer, only the immediate members of the family may avail themselves of protection.
Section 3 requires the Department to examine the applicant and relevant facts; if requirements are met, the Department must admit the applicant, require a sworn statement, and thereafter issue the proper certification.
Section 3 states that any person admitted into the Program is known as the “Witness.”

Admission for legislative investigations

Section 4 allows a witness in legislative investigations in aid of legislation to be admitted into the Program with express consent.
Section 4 requires admission to be based on the recommendation of the legislative committee where the testimony is needed.
Section 4 requires “pressing necessity” for admission as determined by the legislative committee.
Section 4 requires approval of the recommendation by either the President of the Senate or the Speaker of the House of Representatives, depending on the chamber.

Rights, security measures, and benefits

Section 8 grants the Witness the right to secure housing until the Witness has testified or the threat/intimidation/harassment disappears or is reduced to a manageable or tolerable level.
Section 8 allows, when warranted, relocation and/or change of personal identity at the expense of the Program, and this right may be extended to family members within the second civil degree of consanguinity or affinity.
Section 8 directs the Department, whenever practicable, to assist the Witness in obtaining a means of livelihood.
Section 8 provides that relocated Witnesses are entitled to financial assistance from the Program for support of themselves and family in an amount and duration determined by the Department.
Section 8 prohibits removal from or demotion in work because of absences due to attendance for witness duty, including legislative investigations in aid of legislation, provided the employer is notified through a certification issued by the Department within thirty (30) days from the date when the Witness last reported for work.
Section 8 gives employers an option in prolonged transfer or permanent relocation: the employer may remove the Witness from employment only after securing clearance from the Department upon the recommendation of the Department of Labor and Employment.
Section 8 provides that if a Witness fails to report for work due to witness duty, the Witness must be paid equivalent salaries or wages corresponding to the number of days of absence caused by the Program, and any fraction of a day constitutes a full day salary or wage; this applies to both government and private employees.
Section 8 requires the Program to provide reasonable travelling expenses and subsistence allowance for court/body/authority attendance where testimony is required, including conferences and interviews with prosecutors or investigating officers.
Section 8 requires free medical treatment, hospitalization, and medicines for any injury or illness incurred or suffered because of witness duty in any private or public hospital, clinic, or institution at the Program’s expense.
Section 8 provides a burial benefit if the Witness is killed because of participation in the Program: the heirs receive not less than Ten thousand pesos (P10,000.00) from the Program exclusive of other similar benefits under existing laws.
Section 8 provides that in case of death or permanent incapacity, the Witness’s minor or dependent children are entitled to free education from primary to college level in any state or private school, college, or university as the Department determines, as long as they qualify.

State Witness admission rules

Section 10 allows any person who has participated in the commission of a crime and desires to be a witness for the State to apply for admission into the Program.
Section 10 allows admission whenever the following circumstances are present:
- the offense for which testimony will be used is a grave felony under the Revised Penal Code or its equivalent under special laws;
- there is absolute necessity for the testimony;
- there is no other direct evidence available for proper prosecution;
- testimony is substantially corroborated in material points;
- the person does not appear to be most guilty; and
- the person has not at any time been convicted of any crime involving moral turpitude.
Section 10 allows an accused discharged from an information or criminal complaint by the court to be admitted to the Program by petition if compliant with the Act and pursuant to Sections 9 and 10 of Rule 119 of the Revised Rules of Court.
Section 10 states that nothing in the Act prevents discharge of an accused so the accused can be used as a State Witness under Rule 119 of the Revised Rules of Court.

Sworn statements, certifications, and evidentiary effect

Section 5 requires a person to execute a memorandum of agreement before receiving protection, setting forth responsibilities to:
- testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings connected with or arising from the offense;
- avoid the commission of a crime;
- take necessary precautions to avoid detection of facts concerning protection;
- comply with legal obligations and civil judgments against the person;
- cooperate with reasonable requests of Program officers and employees; and
- regularly inform the appropriate program official of current activities and address.
Section 6 provides that a substantial breach of the memorandum of agreement is a ground for termination of protection.
Section 6 requires that before terminating protection, the Secretary of Justice must send notice stating the reason for termination.
Section 11 requires a sworn statement describing in detail the manner the offense was committed and the person’s participation before admission under the State Witness section mechanism.
Section 11 provides that if the Department is satisfied after examination that requirements are complied with, the Department may admit the person and issue the corresponding certification.
Section 11 provides that if an application is denied, the sworn statement and other testimony given in support of the application are not admissible in evidence except for impeachment purposes.

Confidentiality of proceedings and prohibition on disclosure

Section 7 requires that all proceedings involving application for admission into the Program and action taken thereon are confidential.
Section 7 prohibits releasing any information or documents submitted in support of the application except upon written order of the Department or the proper court.
Section 7 imposes criminal liability for violating confidentiality: 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 a period of five (5) years, upon conviction.

Procedure for speedy hearings and trials

Section 9 requires that when a Witness admitted into the Program testifies, the judicial or quasi-judicial body or investigating authority must assure a speedy hearing or trial.
Section 9 requires the body or authority to endeavor to finish the proceeding within three (3) months from the filing of the case.

Effect of State Witness certification

Section 12 provides that the Department’s certification of admission shall have full faith and credit by the provincial or city prosecutor.
Section 12 directs the prosecutor to not include the Witness in the criminal complaint or information; if included, the prosecutor must petition the court for discharge so the person can be utilized as a State Witness.
Section 12 requires the court to order discharge and exclusion of the accused from the information.
Section 12 grants a State Witness immunity from criminal prosecution for the offense or offenses in which testimony will be given or used and grants the rights and benefits under Section 8.

Compelled testimony and immunity protections

Section 14 prohibits a Witness admitted under Sections 3 and 10 from refusing to testify or give evidence or to produce books, documents, records, or writings necessary for prosecution on the ground of the constitutional right against self-incrimination.
Section 14 grants immunity from criminal prosecution and prohibits penalty or forfeiture for any transaction, matter, or thing concerning the compelled testimony or produced materials.
Section 14 provides that if the Witness refuses on self-incrimination grounds and the state prosecutor or investigator believes the evidence is absolutely necessary, the prosecutor or investigator must seek, with prior approval of the Department, a petition for a court order requiring testimony or production.
Section 14 provides that upon the proper motion, the court shall order arrest and detention of the Witness in any jail contiguous to the place of trial or investigation until the Witness is willing to testify or produce documentary evidence.

Enforcement through contempt, perjury, and immunity removal

Section 13 provides that a Witness registered in the Program who fails or refuses to testify or continue testifying without just cause when lawfully obliged shall be prosecuted for contempt.
Section 13 provides that a Witness who testifies falsely or evasively shall be liable to prosecution for perjury.
Section 13 provides that if a State Witness fails 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 shall be removed, subjecting the person to contempt or criminal prosecution.
Section 13 provides that in these circumstances, enjoyment of all rights and benefits under the Act is deemed terminated.
Section 13 allows purge of contumacious acts by testifying at any appropriate stage of the proceedings.

Perjury and contempt penalties

Section 15 provides that no Witness is exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion under the Act.
Section 15 requires imposition of the penalty next higher in degree for perjury conviction.
Section 15 requires contempt proceedings to follow Rule 71 of the Rules of Court, but requires that the penalty imposed shall not be less than one (1) month and not more than one (1) year imprisonment.

Limits on using protection status against credibility

Section 16 provides that in all criminal cases, the fact that the Witness is entitled to protection and benefits under the Act is not admissible in evidence to diminish or affect credibility.

Criminal penalty for harassment of Witness

Section 17 penalizes any person who harasses a Witness and thereby hinders, delays, prevents, or dissuades the Witness from:
- attending or testifying before any judicial or quasi-judicial body or investigating authority;
- reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions or probation, parole, or release pending judicial proceedings;
- seeking the arrest of another person in connection with the offense;
- causing a criminal prosecution, or a proceeding for revocation of parole or probation; or
- performing and enjoying rights and benefits under the Act or attempts to do so.
Section 17 imposes a fine of not more than Three thousand pesos (P3,000.00) or imprisonment of not less than six (6) months but not more than one (1) year, or both.
Section 17 imposes perpetual disqualification from holding public office if the offender is a public officer.

Implementation rules, publication, and repealing effect

Section 18 requires the Department to promulgate implementing rules and regulations and requires publication in two (2) newspapers of general circulation.
Section 19 repeals or modifies accordingly all laws, decrees, executive issuances, rules, and regulations inconsistent with the Act.

Funding and cost recovery

Section 20 authorizes appropriation of Ten million pesos (P10,000,000.00) from any funds in the National Treasury not otherwise appropriated to carry into effect the purpose of the Act.
Section 20 provides that expenses incurred in implementing the Program may be recovered as part of the cost or indemnity imposed upon the accused.
Section 20 allows other funding schemes or sources subject to the limitations of the law.

Separability and final effectivity

Section 21 provides that a declaration of unconstitutionality or invalidity of any provision does not affect the other provisions of the Act.