SECURING PROTECTION AND COOPERATION OF WITNESSESAND WHISTLE-BLOWERS
Severino H. Gaña, Jr.
Senior Deputy State Prosecutor
Department of Justice
Philippines
I. SECURING PROTECTION AND COOPERATION OF WITNESSES AND
WHISTLE-BLOWERS
A witness is a crucial support in the dispensation of justice in any civilized society. Nowadays we heara lot of squabbles about unceremonious dismissals or acquittals in sensational criminal cases. One of thereasons for this acquittal is the lack of or recantation/desistance of witnesses.
A witness happens to be the eyes and ears of the Court. The information provided by victims andwitnesses aids in the identification and arrest of the suspect. The role of witnesses and the evidence they
provide in criminal proceedings is crucial in prosecuting and securing the conviction of offenders.
Conversely, a person witnessing a crime usually experienced trauma. During the course ofinvestigation the witness may suffer harassment and threats from the accused. He or his relatives and loved
ones are open to the risk of being threatened, abducted, maimed or even bribed. For all these reasons, a person
is reluctant in becoming a witness.
The Philippines has taken appropriate measures to provide effective protection from potential
retaliation or intimidation of witnesses in criminal proceedings. Republic Act No. 6981 or “The Witness
Protection Security and Beneﬁt Act” was enacted on 24 April 1991, to encourage a person who has witnessedor has knowledge of the commission of a crime to testify before a court or quasi-judicial body, or before an
investigating authority, by protecting him from reprisals and from economic dislocation.
II. RATIONALE FOR THE ENACTMENT OF THE LAW
Witnesses for fear of reprisal and economic dislocation usually refuse to appear and testify in theinvestigation/prosecution of criminal complaints/cases. Because of such refusal, criminal complaints/cases
have been dismissed for insufﬁciency and/or lack of evidence. For a more effective administration of criminal
justice, there was a necessity to pass a law protecting witnesses and granting them certain rights and beneﬁts
to ensure their appearance in investigative bodies/courts.
III. SALIENT FEATURES OF R.A. 6981
THE WITNESS PROTECTION SECURITY AND BENEFIT ACT
A. Section 2. Implementation of Program
The Department of Justice (DOJ), through the Secretary, formulates and implements the Witness
Protection, Security and Beneﬁt Program. 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 underlegal duty and obligation to render such assistance.

― xi ―

B. Section 3. Admission into the Program
Any person who has witnessed or has knowledge or information on the commission of a crime andhas testified or is testifying or about to testify before any judicial or quasi-judicial body, or before any
investigating authority, may be admitted into the Program:
Provided, That:a) the offense in which his testimony will be used is a grave felony as defined under the Revised
Penal Code, or its equivalent under special laws;b) his testimony can be substantially corroborated in its material points;c) he or any member of his family within the second civil degree of consanguinity or affinity is
subjected to threats to his life or bodily injury or there is a likelihood that he will be killed, forced,
intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely, or evasively,
because or on account of his testimony; andd) he is not a law enforcement officer, even if he would be testifying against the other law
enforcement officers. In such a case, only the immediate members of his family may avail
themselves of the protection provided for under this Act.
If the Department, after examination of said applicant and other relevant facts, is convinced that therequirements of this Act and its implementing rules and regulations have been complied with, it shall admit
said applicant to the Program, require said witness to execute a sworn statement detailing his knowledge orinformation on the commission of the crime, and thereafter issue the proper certiﬁcation. For purposes of thisAct, any such person admitted to the Program shall be known as the Witness.
C. Section 4. Witness in Legislative Investigations
In case of legislative investigations in aid of legislation, a witness, with his express consent, may be
admitted into the Program upon the recommendation of the legislative committee where his testimony isneeded when in its judgment there is pressing necessity therefor: Provided, That such recommendation isapproved by the President of the Senate or the Speaker of the House of Representatives, as the case may be.
D. Section 5. Memorandum of Agreement with the Person to be Protected
Before a person is provided protection under this Act, he shall first execute a memorandum ofagreement which shall set forth his responsibilities including:a) to testify before and provide information to all appropriate law enforcement ofﬁcials concerning all
appropriate proceedings in connection with or arising from the activities involved in the offense
charged;b) to avoid the commission of the crime;c) to take all necessary precautions to avoid detection by others of the facts concerning the protection
provided him under this Act;d) to comply with legal obligations and civil judgments against him;e) to cooperate with respect to all reasonable requests of ofﬁcers and employees of the Government
who are providing protection under this Act; and― xii ―

f) to regularly inform the appropriate program ofﬁcial of his current activities and address.
E. Section 6. Breach of the Memorandum of Agreement
Substantial breach of the memorandum of agreement shall be a ground for the termination of theprotection provided under this Act: Provided, however, That before terminating such protection, the Secretaryof Justice shall send notice to the person involved of the termination of the protection provided under this Act,stating therein the reason for such termination.
F. Section 7. Confidentiality of Proceedings
All proceedings involving application for admission into the Program and the action taken thereon
shall be conﬁdential in nature. No information or documents given or submitted in support thereof shall be
released except upon written order of the Department or the proper court.
Any person who violates the conﬁdentiality of said proceedings shall upon conviction be punishedwith imprisonment of not less than one (1) year but not more than six (6) years and deprivation of the right tohold a public ofﬁce or employment for a period of ﬁve (5) years.
G. Section 8. Rights and Benefits
The witness shall have the following rights and beneﬁts:(a)To have a secure housing facility until he has testified or until the threat, intimidation orharassment disappears or is reduced to a manageable or tolerable level. When the circumstances
warrant, the Witness shall be entitled to relocation and/or change of personal identity at theexpense of the Program. This right may be extended to any member of the family of the Witness
within the second civil degree of consanguinity or afﬁnity.

(b)

The Department shall, whenever practicable, assist the Witness in obtaining a means of
livelihood. The Witness relocated pursuant to this Act shall be entitled to a ﬁnancial assistancefrom the Program for his support and that of his family in such amount and for such duration as
the Department shall determine.

(c)

In no case shall the Witness be removed from or demoted in work because or on account of hisabsences due to his attendance before any judicial or quasi-judicial body or investigating
authority, including legislative investigations in aid of legislation, in going thereto and in coming
therefrom: Provided, That his employer is notified through a certification issued by the
Department, within a period of thirty (30) days from the date when the Witness last reported forwork: Provided, further, That in the case of prolonged transfer or permanent relocation, theemployer shall have the option to remove the Witness from employment after securing clearance
from the Department upon the recommendation of the Department of Labor and Employment.
Any Witness who failed to report for work because of witness duty shall be paid his equivalentsalaries or wages corresponding to the number of days of absence occasioned by the Program.
For purposes of this Act, any fraction of a day shall constitute a full day salary or wage. This
provision shall be applicable to both government and private employees.

(d)

To be provided with reasonable travelling expenses and subsistence allowance by the Program insuch amount as the Department may determine for his attendance in the court, body or authority
where his testimony is required, as well as conferences and interviews with prosecutors orinvestigating ofﬁcers.

(e)

To be provided with free medical treatment, hospitalization and medicines for any injury orillness incurred or suffered by him because of witness duty in any private or public hospital,― xiii ―clinic, or at any such institution at the expense of the Program.
(f)

If a Witness is killed, because of his participation in the Program, his heirs shall be entitled to aburial beneﬁt of not less than Ten thousand pesos (P10,000.00) from the Program exclusive of
any other similar beneﬁts he may be entitled to under other existing laws.

(g)

In case of death or permanent incapacity, his minor or dependent children shall be entitled tofree education, from primary to college level in any state, or private school, college or university
as may be determined by the Department, as long as they shall have qualiﬁed thereto.

H. Section 9. Speedy Hearing or Trial
In any case where a Witness admitted into the Program shall testify, the judicial or quasi-judicial body,or investigating authority shall assure a speedy hearing or trial and shall endeavor to ﬁnish said proceeding
within three (3) months from the ﬁling of the case.
I. Section 10. State Witness
Any person who has participated in the commission of a crime and desires to be a witness for theState, can apply and, if qualiﬁed as determined in this Act and by the Department, shall be admitted into theProgram whenever the following circumstances are present:(a)the offense in which his testimony will be used is a grave felony as deﬁned under the Revised
Penal Code or its equivalent under special laws;(b)

there is absolute necessity for his testimony;(c)there is no other direct evidence available for the proper prosecution of the offense committed:(d)his testimony can be substantially corroborated on its material points;(e)he does not appear to be most guilty; and(f)he has not at any time been convicted of any crime involving moral turpitude.

An accused discharged from an information or criminal complaint by the court in order that he may be
a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition
be admitted to the Program if he complies with the other requirements of this Act. Nothing in this Act shallprevent the discharge of an accused, so that he can be used as a State Witness under Rule 119 of the Revised
Rules of Court.
J. Section 11. Sworn Statement
Before any person is admitted into the Program he shall execute a sworn statement describing in detailthe manner in which the offense was committed and his participation therein. If after said examination of said
person, his sworn statement and other relevant facts, the Department is satisﬁed that the requirements, it may
admit such person into the Program and issue the corresponding certiﬁcation.
If his application for admission is denied, said sworn statement and any other testimony given insupport of said application shall not be admissible in evidence, except for impeachment purposes.
K. Section 12. Effect of Admission of a State Witness into the Program
The certiﬁcation of admission into the Program by the Department shall be given full faith and creditby the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or
information and if included therein, to petition the court for his discharge in order that he can utilized as a

― xiv ―

State Witness. The Court shall order the discharge and exclusion of the said accused from the information.
Admission into the Program shall entitle such State Witness to immunity from criminal prosecution
for the offense or offenses in which his testimony will be given or used and all the rights and benefits
provided under Section 8 hereof.
L. Section 13. Failure or Refusal of the Witness to Testify
Any Witness registered in the Program who fails or refuses to testify or to continue to testify without
just cause when lawfully obliged to do so, shall be prosecuted for contempt. If he testiﬁes falsely or evasively,
he shall be liable to prosecution for perjury. If a State Witness fails or refuses to testify, or testiﬁes falsely or
evasively, or violates any condition accompanying such immunity without just cause, as determined in ahearing by the proper court, his immunity shall be removed and he shall be subject to contempt or criminal
prosecution. Moreover, the enjoyment of all rights and beneﬁts under this Act shall be deemed terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate
stage of the proceedings.
M. Section 14. Compelled Testimony
Any Witness admitted into the Program cannot refuse to testify or give evidence or produce books,
documents, records or writings necessary for the prosecution of the offense or offenses for which he has been
admitted into the Program on the ground of the constitutional right against self-incrimination but he shallenjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for any
transaction, matter or thing concerning his compelled testimony or books, documents, records and writings
produced.
In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or
writings, on the ground of the right against self-incrimination, and the state prosecutor or investigator believes
that such evidence is absolutely necessary for a successful prosecution of the offense or offenses charged orunder investigation, he, with the prior approval of the department, shall ﬁle a petition with the appropriate
court for the issuance of an order requiring said Witness to testify, give evidence or produce the books,
documents, records, and writings described, and the court shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention of
the Witness in any jail contiguous to the place of trial or investigation until such time that the Witness iswilling to give such testimony or produce such documentary evidence.
N. Section 15. Perjury or Contempt
No Witness shall be exempt from prosecution for perjury or contempt committed while giving
testimony or producing evidence under compulsion pursuant to this Act. The penalty next higher in degree
shall be imposed in case of conviction for perjury. The procedure prescribed under Rule 71 of the Rules of
Court shall be followed in contempt proceedings but the penalty to be imposed shall not be less than one (1)month but not more than one (1) year imprisonment.
O. Section 16. Credibility of Witness
In all criminal cases, the fact of the entitlement of the Witness to the protection and beneﬁts provided
for in this Act shall not be admissible in evidence to diminish or affect his credibility.
P. Section 17. Penalty for Harassment of Witness
Any person who harasses a Witness and thereby hinders, delays, prevents or dissuades a Witness
from:
(a)

attending or testifying before any judicial or quasi-judicial body or investigating authority;― xv ―

(b)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;(c)seeking the arrest of another person in connection with the offense;(d)causing a criminal prosecution, or a proceeding for the revocation of a parole or probation; or(e)performing and enjoying the rights and beneﬁts under this Act or attempts to do so, shall be ﬁned
not more than Three thousand pesos (P 3,000.00) or suffer imprisonment of not less than six (6)months but not more than one (1) year, or both, and he shall also suffer the penalty of perpetual
disqualiﬁcation from holding public ofﬁce in case of a public ofﬁcer.
IV. ISSUES AND CHALLENGES

A. Admission to Witness Protection Program
Under the law a person who is “testifying or about to testify before any judicial or quasi-judicial body”
can be admitted in the program. Provisional coverage for a period of ninety (90) days, subject to re-evaluation,is allowed for witnesses under serious threats so that they can be given certain beneﬁts even if all the required
documents for application have not yet been completed. Although application for admission requires strict
compliance with statutory requirements, stringent vetting procedures and threat evaluation, the program has
liberalized admission requirements especially when threat level on bona ﬁde witnesses in media and politicalkillings is high.
B. Lack of Intelligence and Security Force
Presently, the Program has no existing intelligence and security force. It has to rely to other law
enforcement agencies to augment the temporary services of the Intelligence Security and Operations Group(ISOG). Under the set-up, Mission Order of ISOG personnel are issued either by the National Bureau of
Investigation (NBI) or the Philippine National Police (PNP).
In the past there were plans for the establishment of an organic security force to strengthen the
Program’s organizational structure. From the inception of the Program the protection and security of its
witnesses have mainly been provided by its Intelligence Security and Operations Group (ISOG) composed ofcontractual employees most of whom came from the police and military service. Augmentation, as may benecessary, is provided by the National Bureau of Investigation (NBI) and Philippine National Police (PNP)
with whom the Program has an existing Memorandum of Agreement.
The plan however has been shelved mainly because due to the prevailing economic crisis, drasticchange (formation of new bureaucracy, creation of plantilla positions) will weigh heavily on its weaklogistical support which may be better prioritized for the witnesses’s basic needs.
Moreover, creation of plantilla positions may seem counter to the Program’s highly conﬁdential nature
which requires utmost trust and conﬁdence in its employees.
C. Weak Support System
Witnesses often decline to testify for the prosecution not only because of fear of physical harm but
more often because of economic dislocation. Through the years the inventory of witnesses and theirdependents have dramatically risen together with the high number of cases of national interest, political andExtra-Judicial Killing cases. However, the program has to work on a shoe string budget to fund judiciously
and effectively allocate its meager resources to witnesses-clients and to support its administrative andoperational requirements.

― xvi ―

Although the program provides psycho-social counseling to witnesses as maybe necessary, there is no
support system for recreation and self development for witnesses for them to become productive, alongside
the protecting and security aspect of the program.
Much as the Program hopes to enhance witness benefits this cannot be done unless the budgetaryrequirements be made available to them.
D. Uneven Application of the Law
Under RA 6981 any person who has witnessed or has knowledge or information on the commission of
the crime and has testified, is testifying or about to testify may be admitted provided that he is not a law
enforcement ofﬁcer even if he would be testifying against other law enforcement ofﬁcers.
Under the law, policemen and military are not qualiﬁed to be admitted under the program; however, incases in which these law enforcers are testifying against their superiors, who have power and authority overtheir promotions, assignments and other aspects, it is simply impossible for them to come forward and testify
without protection.
In such a case, only the immediate members of his family may avail themselves of the protection
provided under the WPP law. However, the WPP has issued Certiﬁcates of Admission to police ofﬁcers with aproviso that only immediate members of his family may avail of the protection provided under the RA 6981.
E. Role of Other Law Enforcers
The law enforcer’s role in protecting witnesses: In practice, while the law enforcers encourage
witnesses to come forward, they do not take prompt or effective actions to protect them. Under the police
force’s rules, it is the responsibility of the police to give protection to any person that is being threatened,even if the person is not a witness. If protection is necessary, the police may request/recommend that the DOJ
admits the person to the program once a case has been ﬁled. Because of the lack of protection for witnesses atthe early stage of the process, such as during police investigations, most cases do not progress beyond theinitial stages of investigation.
V. CONCLUSION
Crimes have evolved with the progression of technology. Criminals have become more sophisticatedand intelligent. If they cannot ﬁnd ways to go around the laws and legal procedures, they threatened, harassed
or even bribed the witnesses of justice. This extensively challenges the government in terms of law
enforcement and crime prevention.
I believe that no amount of law enforcement could prevent or thwart criminal activities. We needvigilance, cooperation and support of the people in the dispensation of criminal justice system. As we impose
laws and moral obligations, let us equally provide our citizens with security and protection to counteract theperil of being hunted or harassed by anti social elements. We are obliged to act on account of numerous
experiences faced by the courts of witnesses turning hostile due to threats, coercion and monetaryconsiderations at the instance of those in power, their henchmen and hirelings and other innumerable corrupt
practices ingeniously adopted to smother and stifle truth. As a result truth and justice become ultimate
casualties. 1Broader public and societal interests require that the victims of the crime who are not ordinarily
parties to prosecution and the interests of State represented by their prosecuting agencies do not suffer even inslow process but irreversibly and irretrievably, which if allowed would undermine and destroy publicconfidence in the administration of justice, which may ultimately pave way for anarchy, oppression and

1 WITNESS PROTECTION-Bird’s Eye View, A. Hariprasad.

― xvii ―injustice resulting in complete breakdown and collapse of the ediﬁce of rule of law, enshrined and jealously
guarded and protected by the Constitution.

― xviii ―