SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
FIRST REGULAR SESSION.

HOUSE OF REPRESENTATIVES

_ Introduced by Representative Maximo § B. Rodriguez, Jr.

House Bill No_ 4949

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. during the 15" Congress
where it was approved by the Committee on Justice and substituted by House Bill
No. 5744. 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’

itis 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

Wy

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES
Introduced by Representative Maximo B. Rodriguez, Jr.
House Bill No., 4549

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, othenwise
known as the ‘Witness Protection, Security and Benefit Act’, are hereby amended to
tead 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.]

“lf 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 concerning 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[ J;

“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
ANDIOR 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 (80) 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.”

"f) 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.

"g) [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

[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 [a] 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
lawully 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;

"o) 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.”
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