Republic of the Philippines
Congress of the Philippines
Metro ManilaEighth Congress
Republic Act No. 6981 April 24, 1991
AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Name of Act. - This Act shall be known as the "Witness Protection, Security and Benefit Act".
Section 2. Implementation of Program. - The Department of Justice, hereinafter referred to as the Department, through its Secretary, shall formulate and implement a "Witness Protection, Security and Benefit Program", hereinafter referred to as the Program, pursuant to and consistent with the provisions of this Act.
The Department may call upon any department, bureau, office or any other executive agency to assist in the implementation of the Program and the latter offices shall be under legal duty and obligation to render such assistance.
Section 3. Admission into the Program. - Any person who has witnessed or has knowledge or information on the commission of...
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Republic Acts
WITNESS PROTECTION, SECURITY, AND BENEFIT ACT
Republic Act No. 6981
Summary of the Witness Protection, Security and Benefit Act
Establishment of the Witness Protection, Security and Benefit Program (Section 2)
- The Department of Justice shall formulate and implement the Program.
- Other government agencies shall assist in the implementation.
Admission into the Program (Section 3)
- Any person who has witnessed or has knowledge of a grave felony and has testified or is about to testify may be admitted into the Program, provided that:
- The offense is a grave felony under the Revised Penal Code or special laws. (Section 3a)
- The testimony can be substantially corroborated. (Section 3b)
- The witness or family member is subjected to threats, intimidation, harassment, or corruption to prevent testimony. (Section 3c)
- The witness is not a law enforcement officer, except for their immediate family members. (Section 3d)
Witness in Legislative Investigations (Section 4)
- A witness may be admitted into the Program upon recommendation of a legislative committee and approval of the Senate President or Speaker of the House.
Memorandum of Agreement (Section 5)
- The witness shall execute a memorandum of agreement outlining responsibilities, including:
- Testifying and providing information to law enforcement officials. (Section 5a)
- Avoiding commission of crimes. (Section 5b)
- Taking precautions to avoid detection. (Section 5c)
- Complying with legal obligations and civil judgments. (Section 5d)
- Cooperating with government officials providing protection. (Section 5e)
- Regularly informing program officials of activities and address. (Section 5f)
Breach of Memorandum of Agreement (Section 6)
- Substantial breach of the memorandum of agreement shall be a ground for termination of protection.
Confidentiality of Proceedings (Section 7)
- All proceedings involving application and admission into the Program shall be confidential.
- Violation of confidentiality is punishable by imprisonment of 1 to 6 years and disqualification from public office or employment for 5 years.
Rights and Benefits (Section 8)
- The witness shall have the following rights and benefits:
- Secure housing facility, relocation, and change of personal identity. (Section 8a)
- Assistance in obtaining livelihood and financial assistance for support. (Section 8b)
- Protection from demotion or removal from work due to absences for testimony, with payment of equivalent salaries or wages. (Section 8c)
- Reasonable travelling expenses and subsistence allowance for testimony. (Section 8d)
- Free medical treatment, hospitalization, and medicines for injuries or illnesses incurred due to witness duty. (Section 8e)
- Burial benefit of not less than Ten thousand pesos (P10,000.00) for death due to participation in the Program. (Section 8f)
- Free education for minor or dependent children in case of death or permanent incapacity. (Section 8g)
Speedy Hearing or Trial (Section 9)
- The judicial or quasi-judicial body or investigating authority shall assure a speedy hearing or trial and endeavor to finish the proceeding within 3 months.
State Witness (Section 10)
- A person who has participated in a grave felony and desires to be a witness for the State may be admitted into the Program if:
- The offense is a grave felony. (Section 10a)
- There is absolute necessity for the testimony. (Section 10b)
- There is no other direct evidence available. (Section 10c)
- The testimony can be substantially corroborated. (Section 10d)
- The person does not appear to be most guilty. (Section 10e)
- The person has not been convicted of a crime involving moral turpitude. (Section 10f)
Sworn Statement (Section 11)
- Before admission as a State Witness, the person shall execute a sworn statement describing the offense and their participation.
- If the application is denied, the sworn statement shall not be admissible as evidence, except for impeachment purposes.
Effect of Admission of a State Witness (Section 12)
- The certification of admission shall be given full faith and credit by the prosecutor, who shall not include the witness in the criminal complaint or petition for discharge.
- Admission into the Program shall entitle the State Witness to immunity from criminal prosecution for the offense and all rights and benefits under Section 8.
Failure or Refusal of the Witness to Testify (Section 13)
- Failure or refusal to testify without just cause shall be prosecuted for contempt.
- Testifying falsely or evasively shall be liable for perjury prosecution.
- For a State Witness, failure or refusal to testify, testifying falsely or evasively, or violating conditions shall result in removal of immunity and termination of rights and benefits.
Compelled Testimony (Section 14)
- A witness cannot refuse to testify or produce evidence on the ground of self-incrimination but shall enjoy immunity from criminal prosecution.
- The court shall order the arrest and detention of a witness who refuses to testify or produce evidence until willing to do so.
Perjury or Contempt (Section 15)
- A witness shall not be exempt from prosecution for perjury or contempt committed while testifying under compulsion.
- The penalty next higher in degree shall be imposed for perjury conviction.
- Contempt proceedings shall follow Rule 71 of the Rules of Court, with imprisonment of 1 month to 1 year.
Credibility of Witness (Section 16)
- The fact of the witness's entitlement to protection and benefits under this Act shall not be admissible to diminish or affect credibility.
Penalty for Harassment of Witness (Section 17)
- Any person who harasses a witness and hinders, delays, prevents, or dissuades the witness from attending or testifying, reporting an offense, seeking arrest, causing prosecution, or performing rights and benefits under this Act shall be fined not more than Three thousand pesos (P3,000.00) or imprisoned for 6 months to 1 year, or both, and perpetual disqualification from public office if a public officer.
Rules and Regulations (Section 18)
- The Department of Justice shall promulgate rules and regulations necessary to implement the Act, to be published in two newspapers of general circulation.
Repealing Clause (Section 19)
- All laws, decrees, executive issuances, rules and regulations inconsistent with this Act are repealed or modified accordingly.
Funding (Section 20)
- Ten million pesos (P10,000,000.00) is authorized to be appropriated from the National Treasury to carry out the purposes of this Act.
- Expenses may be recovered as part of the cost or indemnity imposed upon the accused.
- Other funding schemes or sources are allowed, subject to limitations of the law.
Separability Clause (Section 21)
- The declaration of unconstitutionality or invalidity of any provision shall not affect the other provisions.
Effectivity (Section 22)
- This Act shall take effect 15 days after publication in two newspapers of general circulation.
Establishment of the Witness Protection, Security and Benefit Program (Section 2)
- The Department of Justice shall formulate and implement the Program.
- Other government agencies shall assist in the implementation.
Admission into the Program (Section 3)
- Any person who has witnessed or has knowledge of a grave felony and has testified or is about to testify may be admitted into the Program, provided that:
- The offense is a grave felony under the Revised Penal Code or special laws. (Section 3a)
- The testimony can be substantially corroborated. (Section 3b)
- The witness or family member is subjected to threats, intimidation, harassment, or corruption to prevent testimony. (Section 3c)
- The witness is not a law enforcement officer, except for their immediate family members. (Section 3d)
Witness in Legislative Investigations (Section 4)
- A witness may be admitted into the Program upon recommendation of a legislative committee and approval of the Senate President or Speaker of the House.
Memorandum of Agreement (Section 5)
- The witness shall execute a memorandum of agreement outlining responsibilities, including:
- Testifying and providing information to law enforcement officials. (Section 5a)
- Avoiding commission of crimes. (Section 5b)
- Taking precautions to avoid detection. (Section 5c)
- Complying with legal obligations and civil judgments. (Section 5d)
- Cooperating with government officials providing protection. (Section 5e)
- Regularly informing program officials of activities and address. (Section 5f)
Breach of Memorandum of Agreement (Section 6)
- Substantial breach of the memorandum of agreement shall be a ground for termination of protection.
Confidentiality of Proceedings (Section 7)
- All proceedings involving application and admission into the Program shall be confidential.
- Violation of confidentiality is punishable by imprisonment of 1 to 6 years and disqualification from public office or employment for 5 years.
Rights and Benefits (Section 8)
- The witness shall have the following rights and benefits:
- Secure housing facility, relocation, and change of personal identity. (Section 8a)
- Assistance in obtaining livelihood and financial assistance for support. (Section 8b)
- Protection from demotion or removal from work due to absences for testimony, with payment of equivalent salaries or wages. (Section 8c)
- Reasonable travelling expenses and subsistence allowance for testimony. (Section 8d)
- Free medical treatment, hospitalization, and medicines for injuries or illnesses incurred due to witness duty. (Section 8e)
- Burial benefit of not less than Ten thousand pesos (P10,000.00) for death due to participation in the Program. (Section 8f)
- Free education for minor or dependent children in case of death or permanent incapacity. (Section 8g)
Speedy Hearing or Trial (Section 9)
- The judicial or quasi-judicial body or investigating authority shall assure a speedy hearing or trial and endeavor to finish the proceeding within 3 months.
State Witness (Section 10)
- A person who has participated in a grave felony and desires to be a witness for the State may be admitted into the Program if:
- The offense is a grave felony. (Section 10a)
- There is absolute necessity for the testimony. (Section 10b)
- There is no other direct evidence available. (Section 10c)
- The testimony can be substantially corroborated. (Section 10d)
- The person does not appear to be most guilty. (Section 10e)
- The person has not been convicted of a crime involving moral turpitude. (Section 10f)
Sworn Statement (Section 11)
- Before admission as a State Witness, the person shall execute a sworn statement describing the offense and their participation.
- If the application is denied, the sworn statement shall not be admissible as evidence, except for impeachment purposes.
Effect of Admission of a State Witness (Section 12)
- The certification of admission shall be given full faith and credit by the prosecutor, who shall not include the witness in the criminal complaint or petition for discharge.
- Admission into the Program shall entitle the State Witness to immunity from criminal prosecution for the offense and all rights and benefits under Section 8.
Failure or Refusal of the Witness to Testify (Section 13)
- Failure or refusal to testify without just cause shall be prosecuted for contempt.
- Testifying falsely or evasively shall be liable for perjury prosecution.
- For a State Witness, failure or refusal to testify, testifying falsely or evasively, or violating conditions shall result in removal of immunity and termination of rights and benefits.
Compelled Testimony (Section 14)
- A witness cannot refuse to testify or produce evidence on the ground of self-incrimination but shall enjoy immunity from criminal prosecution.
- The court shall order the arrest and detention of a witness who refuses to testify or produce evidence until willing to do so.
Perjury or Contempt (Section 15)
- A witness shall not be exempt from prosecution for perjury or contempt committed while testifying under compulsion.
- The penalty next higher in degree shall be imposed for perjury conviction.
- Contempt proceedings shall follow Rule 71 of the Rules of Court, with imprisonment of 1 month to 1 year.
Credibility of Witness (Section 16)
- The fact of the witness's entitlement to protection and benefits under this Act shall not be admissible to diminish or affect credibility.
Penalty for Harassment of Witness (Section 17)
- Any person who harasses a witness and hinders, delays, prevents, or dissuades the witness from attending or testifying, reporting an offense, seeking arrest, causing prosecution, or performing rights and benefits under this Act shall be fined not more than Three thousand pesos (P3,000.00) or imprisoned for 6 months to 1 year, or both, and perpetual disqualification from public office if a public officer.
Rules and Regulations (Section 18)
- The Department of Justice shall promulgate rules and regulations necessary to implement the Act, to be published in two newspapers of general circulation.
Repealing Clause (Section 19)
- All laws, decrees, executive issuances, rules and regulations inconsistent with this Act are repealed or modified accordingly.
Funding (Section 20)
- Ten million pesos (P10,000,000.00) is authorized to be appropriated from the National Treasury to carry out the purposes of this Act.
- Expenses may be recovered as part of the cost or indemnity imposed upon the accused.
- Other funding schemes or sources are allowed, subject to limitations of the law.
Separability Clause (Section 21)
- The declaration of unconstitutionality or invalidity of any provision shall not affect the other provisions.
Effectivity (Section 22)
- This Act shall take effect 15 days after publication in two newspapers of general circulation.