SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

RK

Introduced by Representative Rufus B. Rodriguez and
__ Representative Maximo B, Rodriguez, Jr.

House Bill No.. 1628

EXPLANATORY NOTE

This bill was originally introduced as House Bill No, 1979 by the
undersigned Rufus B. Rodriguez during the 15" Congress where it was
approved by the Committee on Justice and substituted by House Bill No.
5714, It was subsequently approved by the House of Representatives and
transmitted to the Senate where it was not acted upon.

In view of the active roles of the Senate and the House of Representatives in the
investigation of malfeasance, misfeasance or nonfeasance of government
officials which are detrimental to the interests of the Filipino people, there is a
need to amend Republic Act No. 6981, otherwise known as the "Witness
Protection, Security and Benefit Act”

It is necessary that the Senate and the House of Representatives have
their own separate Witness Protection, Security, and Benefit Program for the

resource person and/or witness appearing before any of its committees.

In view of the foregoing, approval of this bill is earnestly sought

RUFU B. RODRIGUEZ

/
MAXIMO B. acer JR.

ne DS



SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__16 23,

AN ACT
STRENGTHENING THE WITNESS PROTECTION, SECURITY AND
BENEFIT PROGRAM, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 6981, OTHERWISE KNOWN AS THE “WITNESS PROTECTION,
SECURITY AND BENEFIT ACT”, AND PROVIDING ADDITIONAL FUNDS.
THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled

SECTION 1. Sections 3, 4, 5, 6, 7 and 8 of Republic Act No. 6981,
otherwise known as the “Witness Protection, Security and Benefit Act’, are
hereby amended to read as follows:
*SEC.3. Admission into the Program. — Any person
who has witnessed or has knowledge or information on the
commission of a crime and has 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] FOR which [his] THE
testimony will be used is a grave felony as defined under the
Revised Penal Code, or its equivalent under special laws;
“b) [His] THE testimony can be substantially
corroborated in its material points;
“c) [He] THE WITNESS or any member of [his]
THE WITNESS’ 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] THE WITNESS
will be killed, forced, intimidated, harassed or corrupted [to
prevent him] SO AS TO BE PREVENTED from testifying, or
to testify falsely or evasively, because or on account of [his]
THE testimony GIVEN: and
“d) [He] THE WITNESS is not a law enforcement
officer, [even if he would be testifying) UNLESS THE
TESTIMONY TO BE GIVEN WILL BE against 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 the requirements
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 or information on the commission of
the crime, and thereafter issue the proper certification. For
purposes of this Act, any such person admitted to the
Program shall be known as the Witness.”

“SEC. 4. Witness in Legislative Investigations. — In case
of legislative investigations in aid of legislation, [a witness,]
THE SENATE OF THE PHILIPPINES OR THE HOUSE OF
REPRESENTATIVES, AS THE CASE MAY BE, MAY
PROVIDE FOR A SEPARATE ‘WITNESS PROTECTION,
SECURITY AND BENEFIT PROGRAM’ FOR ITS
RESOURCE PERSONS AND/OR WITNESSES. THE
WITNESS AND/OR RESOURCE PERSON, [with his
express consent,] may be admitted into the Program upon
THE WRITTEN APPLICATION AND the recommendation of
the legislative committee where [his] THE testimony is
needed when in its judgment there is a pressing necessity
[therefor] FOR THE WITNESS’ TESTIMONY OR THE
PRODUCTION OF DOCUMENTS OR EVIDENCE IN
POSSESSION OR CUSTODY OF THE WITNESS:
Provided, That such recommendation is approved by the
President of the Senate or the Speaker of the House of
Representatives, as the case may be.

“THE SENATE OF THE PHILIPPINES OR THE
HOUSE OF REPRESENTATIVES, AS THE CASE MAY BE,
SHALL HAVE PRIMARY JURISDICTION IN THE
ADMINISTRATION AND IMPLEMENTATION OF THE
LEGISLATIVE WITNESS PROTECTION, SECURITY AND
BENEFIT PROGRAM. CONGRESS MAY REQUEST THE
NECESSARY ASSISTANCE FROM ANY DEPARTMENT,
BUREAU, OFFICE OR ANY OTHER EXECUTIVE AGENCY
TO ASSIST IN THE IMPLEMENTATION OF THE
PROGRAM: PROVIDED, HOWEVER, THAT IN THE
EVENT THAT A CRIMINAL CASE HAS BEEN
INSTITUTED, FOR PRELIMINARY INVESTIGATION OR
FILING OF A CASE IN COURT, IN RELATION TO THE
SUBJECT OF THE LEGISLATIVE INQUIRY, ANY
WITNESS TO THE CRIMINAL CASE COVERED BY THE
LEGISLATIVE WITNESS PROTECTION, SECURITY AND
BENEFIT PROGRAM SHALL BE TURNED OVER TO THE
WITNESS PROTECTION, SECURITY AND BENEFIT
PROGRAM ADMINISTERED BY THE DEPARTMENT OF
JUSTICE: PROVIDED, FURTHER, THAT ANY WITNESS
TO A CRIMINAL CASE WHO IS COVERED BY THE
PROGRAM ADMINISTERED BY THE DEPARTMENT OF


JUSTICE SHALL CONTINUE TO BE COVERED AND
SHALL REMAIN UNDER SUCH PROGRAM
NOTWITHSTANDING ANY LEGISLATIVE INQUIRY THAT
MAY BE INITIATED THEREAFTER WHERE SUCH
WITNESS MAY BE CALLED UPON TO TESTIFY AS A
RESOURCE PERSON.

“ANY WITNESS COVERED BY THE LEGISLATIVE
WITNESS PROTECTION, SECURITY AND BENEFIT
PROGRAM SHALL ENJOY THE SAME RIGHTS AND
BENEFITS, BEAR THE SAME RESPONSIBILITIES AND
SHALL BE SUBJECT TO THE SAME CONDITIONS AS
PROVIDED FOR IN THIS ACT.

‘TO EFFECTIVELY CARRY OUT THIS PROVISION,
CONGRESS SHALL PROVIDE FUNDING FOR THE
IMPLEMENTATION OF ITS OWN WITNESS
PROTECTION, SECURITY AND BENEFIT PROGRAM
AND PROMULGATE ITS OWN RULES AND
REGULATIONS.”

*SEC.5. Memorandum of Agreement (MOA) With the
Person to be Protected. — [Before a person is provided] AS
A PREREQUISITE TO THE AVAILMENT OF THE
protection under this Act, he shall first execute] THE
WITNESS SHALL ENTER INTO a memorandum of
agreement WITH THE DEPARTMENT, which shall set forth
[his] CERTAIN 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 a crime;

“c) To take all necessary precautions to avoid
detection by others of the facts conceming the protection
provided [him] under this Act;

'd) To comply with legal obligations and civil
judgments against [him] ONE’S PERSON:
‘e) To cooperate with respect to all reasonable

requests of officers and employees of the Government who
are providing protection under this Act; [and]

“f) To regularly inform the appropriate program
official of [his] current activities and address[.];

“G) NOT TO COMMUNICATE WITH ANY
ADVERSE PARTY OR NEGOTIATE FOR OR ENTER
INTO, AN AMICABLE SETTLEMENT ON THE CIVIL OR
CRIMINAL ASPECT OF THE OFFENSE SUBJECT OF
THE CASE OR INVESTIGATION; AND

“H) TO COMPLY WITH SUCH OTHER
CONDITIONS AS THE SECRETARY OF JUSTICE MAY
DEEM PROPER TO IMPOSE FOR THE SUCCESSFUL


INVESTIGATION OR PROSECUTION OF THE CASE OR
TO PRESERVE THE INTEGRITY OF THE PROGRAM.”

“SEC. 6. Breach of the Memorandum of Agreement. —
Substantial breach of the memorandum of agreement shall
be a ground for the IMMEDIATE termination of the
BENEFITS AND protection provided under this Actf
Provided, however, That before terminating such
protection,]. [{]The Secretary of Justice shall send notice to
the person involved of the termination of the BENEFITS
AND protection provided under this Act, stating therein the
reason for such termination.”

“SEC. 7. Confidentiality [of Proceedings]. - All
[proceedings] MATTERS involving [application _ for]
admission AND COVERAGE [into] UNDER the Program
[and the action taken thereon] shall be confidential in
nature] AND [NJNo information or documents [given or
submitted in support thereof] RELATIVE THERETO 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 punished with
imprisonment of not less than [one (1) year] FOUR (4)
YEARS but not more than six (6) years and deprivation of
the right to hold a public office or employment for a period of
five (5) years

“NO INJUNCTION OR TEMPORARY RESTRAINING
ORDER SHALL BE ISSUED BY ANY COURT ENJOINING
THE ADMISSION OF THE WITNESS IN THE PROGRAM
BY THE DEPARTMENT.”

‘SEC. 8. Rights and Benefits. — The Witness shall have the
RIGHT TO SECURITY AND PROTECTION AS WELL AS
THE following [rights and] benefits:

*a) To have a secure housing facility until he has
testified or until the threat, intimidation or harassment
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
the expense of the Program. This right TO A SECURE
HOUSING FACILITY AND RELOCATION may be extended
to any member of the family of the Witness within the second
[civil] degree of consanguinity or affinity.

“A CHANGE OF PERSONAL IDENTITY MAY
INCLUDE A CHANGE IN PHYSIOLOGICAL
APPEARANCE OR CHANGE OFNAME. THE
SECRETARY OF JUSTICE, UPON APPLICATION OF THE
WITNESS COVERED UNDER THE PROGRAM AND IN
ACCORDANCE WITH THE RULES WHICH THE


DEPARTMENT SHALL HEREAFTER PROMULGATE,
MAY ORDER A CHANGE OF THE FIRST NAME, MIDDLE
NAME AND/OR FAMILY NAME OF THE WITNESS
COVERED, WITHOUT NEED OF A SEPARATE JUDICIAL
ORDER OR ADMINISTRATIVE PROCEEDINGS.
PURSUANT TO SUCH ORDER, THE SECRETARY OF
JUSTICE MAY DIRECT ALL CONCERNED AGENCIES OF
THE GOVERNMENT TO MAKE THE NECESSARY
ENTRIES IN THEIR RESPECTIVE REGISTRIES IN SUCH
A MANNER THAT ENSURES THE CONFIDENTIALITY OF
THE PROCEEDINGS AND AVOID A DISCLOSURE OF
THE IDENTITY OF THE WITNESS.

“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 assistance from 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 [his] ONE’S.
absences 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 for work: Provided, further, That in the
case of prolonged transfer or permanent relocation, the
employer shall have the option toremove 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] BY ONE’S EMPLOYER THE
equivalent salaries 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 in
such 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 or investigating officers.

‘e) __ To be provided with NECESSARY free medical
ATTENTION, treatment, hospitalization and medicines
PARTICULARLY for any injury, [or] illness OR ANY OTHER
MEDICAL CONDITION incurred or suffered by [him
because of] THE WITNESS OR BY THE SPOUSE AND


MINOR OR DEPENDENT CHILDREN WHILE ON witness
duty OR WHILE IN THE TEMPORARY SHELTER
PROVIDED BY THE PROGRAM in any [private or] public
hospital, clinic, or at any such institution at the expense of
the Program

“WITNESS DUTY SHALL INCLUDE THE
ATTENDANCE OF THE WITNESS IN THE COURT, BODY
OR AUTHORITY WHERE THE TESTIMONY IS
REQUIRED AS WELL AS CONFERENCES AND
INTERVIEWS WITH PROSECUTORS OR INVESTIGATING
OFFICERS. A WITNESS WHO IS RELOCATED TO AN
ACCREDITED WITNESS PROTECTION, SECURITY AND.
BENEFIT PROGRAM TEMPORARY SHELTER SHALL BE
CONSIDERED TO BE UNDER WITNESS DUTY FOR THE
DURATION OF STAY IN SAID TEMPORARY SHELTER.”

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

“ [In case of death or permanent incapacity, his]
THE WITNESS! minor or dependent children shall be
entitled to free education ANDIOR EDUCATIONAL
ASSISTANCE, 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. THE EDUCATIONAL BENEFITS HEREIN
PROVIDED CAN BE AVAILED BY THE WITNESS’ MINOR
OR DEPENDENT CHILDREN FOR PRIMARY,
SECONDARY AND TERTIARY EDUCATION, BUT IN THE
LATTER CASE, NOT TO EXCEED FIVE (5) YEARS.”

SECTION 2. Sections 10 and 12 of the same Act are hereby amended to
read as follows:
“SEC. 10. [State Witness] ADMISSION OF
OFFENDERS. - Any person who has participated in the
commission of a crime and desires to be a witness for the
[State] GOVERNMENT, can apply and, if qualified as
determined in this Act and by the Department, shall be
admitted into the Program whenever the following
circumstances are present
‘a) The offense in which [his] THE 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] THE
testimony;
“c) There is no other direct evidence available for

the proper prosecution of the offense committed;


“d) [His] THE testimony can be substantially
corroborated on its material points

“e) [He] THE PERSON does not appear to be
most guilty; and

“f) [He] THE PERSON has not at any time been
convicted of any crime involving moral turpitude

“THE ADMISSION OF A PERSON TO THE
PROGRAM IS DISTINCT AND SEPARATE FROM A
DISCHARGE OF AN ACCUSED FROM AN INFORMATION
OR CRIMINAL COMPLAINT BY THE COURT IN ORDER
THAT SAID ACCUSED MAY BE A STATE WITNESS
PURSUANT TO SECTION 17 OF RULE 119 OF THE
REVISED RULES OF COURT.

‘An accused discharged from an information or
criminal complaint by the court in order that [he] THE
ACCUSED may be a State Witness pursuant to [Sections 9
and 10] SECTION 17 of Rule 119 of the Revised Rules of
Court may, upon [his] petition, be admitted to the Program [if
he complies] UPON COMPLIANCE with the other
requirements of this Act. Nothing in this Act shall prevent
the discharge of an accusedf, so that he can be used] WHO
QUALIFIED as [2] State Witness under SECTION 17, Rule
119 of the Revised Rules of Court.”

“SEC. 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 credit by 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] THE discharge
PURSUANT TO THIS ACT in order that [he] ONE can be
utilized as a [State] Witness FOR THE PROSECUTION
[The court shall order the discharge and exclusion of the
said accused from the information ]

“Admission into the Program shall AUTOMATICALLY
entitle such [State] COVERED Witness to immunity from
criminal prosecution for the offense or offenses in which [his]
THE testimony will be given or used and [all the rights and
benefits provided under Section 8 hereof] THE COURT
SHALL ORDER THE DISCHARGE AND EXCLUSION OF
THE SAID WITNESS FROM THE INFORMATION.”

SECTION 3. A new section (Section 12-A) shall be inserted between Section
12 and Section 13 of the same Act, which shall read as follows:

“SEC.12-A. | PERPETUATION OF TESTIMONY. - A
WITNESS ONCE ADMITTED INTO THE PROGRAM SHALL
PERPETUATE THE TESTIMONY PURSUANT TO RULE 134 OF
THE REVISED RULES OF COURT.”


SECTION 4. Sections 13, 14, 15 and 17 of the same Act are hereby

amended to read as follows:
“SEC. 13. Failure or Refusal of the Witness to
COOPERATE OR 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 a hearing 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 ]

“A WITNESS COVERED UNDER THE PROGRAM
WHO UNJUSTLY FAILS OR REFUSES TO COOPERATE
OR TESTIFY IN THE INVESTIGATION OR PROSECUTION
OF A CASE OR WHO GIVES FALSE OR MISLEADING
TESTIMONY SHALL BE CRIMINALLY PROSECUTED
AND SHALL, UPON CONVICTION, SUFFER THE
PENALTY OF IMPRISONMENT OF NOT LESS THAN
FOUR (4) YEARS BUT NOT EXCEEDING SIX (6) YEARS.
THE WITNESS SHALL ALSO BE REQUIRED TO
RESTITUTE ALL THE PROGRAM'S EXPENSES
RELATIVE TO HIS COVERAGE WITHOUT PREJUDICE
TO PROSECUTION FOR CONTEMPT UNDER OTHER
EXISTING LAWS.

“SEC. 14. Compelled Testimony. - Any Witness admitted
into the Program pursuant to Sections 3 and 10 of this Act
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] ONE
has been admitted into the Program on the ground of the
constitutional right against self-incrimination. [but he]
SAID WITNESS shall enjoy immunity from criminal
prosecution and [cannot] SHALL NOT be subjected to any
penalty or forfeiture for any transaction, matter or thing
concerning his compelled testimony or books, documents,
records or 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 or under 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 is willing to give
such testimony or produce such documentary evidence.”

“SEC. 15. [Perjury of] 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.”

“SEC. 17. Penalty for Harassment of Witness. - Any
person who harasses a Witness [and thereby hinders,
delays, prevents or dissuades a Witness] BY REASON OF
THE SWORN STATEMENT OR TESTIMONY GIVEN BY
THE LATTER, OR WHO ATTEMPTS TO HINDER, DELAY,
PREVENT OR DISSUADE THE WITNESS from:

“a) Attending or testifying before any judicial or
quasi-judicial body or investigating authority;

“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 (P3,000.00)] TWENTY
THOUSAND PESOS (P20,000.00) or suffer imprisonment of
not less than [six (6) months] TWO (2) YEARS but not more
than [one (1) year.] FOUR (4) YEARS. [or both. He shall
also suffer the penalty of perpetual disqualification from
holding public office in case of a public officer]

‘IN ADDITION, THE PENALTY OF PERPETUAL
DISQUALIFICATION FROM HOLDING PUBLIC OFFICE
SHALL BE IMPOSED UPON THE OFFENDER WHO IS A
PUBLIC OFFICER.”

10


SECTION 5. A new section (Section 17-A) is hereby inserted in Republic Act
No. 6981 which shall read as follows:
"SEC. 17-A. CONSTRUCTION OF PROVISIONS. - IN
CASE OF DOUBT, ANY PROVISION OF THIS ACT SHALL BE
CONSTRUED IN FAVOR OF THE ADMISSION OF THE
WITNESS.”

SECTION 6. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be included in the annual General Appropriations
Act

SECTION 7. Rules and Regulations. - The Department of Justice shall
promulgate the necessary rules and regulations to implement this Act.

SECTION 8. Separability Clause. — If any section or provision of this Act
shall be declared unconstitutional or invalid, such shall not invalidate any
other section of this Act.

SECTION 9. Repealing Clause. — All laws, decrees, orders, rules,
regulations, ordinances or parts thereof which are inconsistent with this Act
are hereby repealed or modified accordingly

SECTION 10. ——_Effectivity Clause. — This Act shall take effect fifteen (15)

days after its complete publication in at least two (2) general newspapers of
national circulation.

Approved,

i