Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5476
House Bill No.

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

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,”
APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Witnesses are indispensable in the success of prosecuting an administrative,
criminal, or legislative case. They are essential in finding the truth of a matter under
investigation. Oftentimes, however, agreeing to be a witness comes at a tremendous
cost for the witness. Their lives, property, reputation, and safety, as well as those of
their family, become the subject of threats, intimidation, harassment or physical
violence. Thus, it is incumbent upon the State to step in to ensure their safety and
welfare.

In 1991, Congress addressed these concems by enacting Republic Act No.
6981, otherwise known as the “Witness Protection, Security and Benefit Act.”
However, this Act, which was created more than twenty years ago, must be
amended to further strengthen the protection provided to witnesses under the
Program.

This bill aims to provide more benefits to witnesses and their family members,
‘such as increasing the educational benefits given to the children of the witness.


These benefits aim to encourage witnesses to speak out the truth in vital
investigations and in the pursuit of justice.

This bill also increases the penalties against witnesses who unjustly fail to
cooperate in testifying in investigations, by compelling them to reimburse all
expenses spent on his protection. This is to ensure that the State will not waste
precious resources on individuals who have already availed of the benefits of the
program and yet renege on their duty to aid in the prosecution of a case.

By providing further benefits and strengthening the protections given to
witnesses, the rule of law will be protected.

The immediate passage of this bill is eamestly sought.

kast eae Ze
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA

HON. DOMINGO C. RIVERA


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. Cou?

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

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,”
APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES

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

SECTION 1. Sections 3, 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:

SECTION 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;

©) [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 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 officer(s).

If the Department, after examination of said applicant and other relevant
facts, is convinced that the requirements of this Act and its implementing
ules and regulations have been compiled with, it shall admit said
applicant to the Program, require said witness to execute a sworn
statement detailing [his] THE WITNESS’ 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.

SECTION 5. Memorandum of Agreement (MOA) with the Person to be
Protected. - Before a [person is provided] WITNESS CAN AVAIL OF THE
protection under this Act, he/SHE shall [first execute] ENTER INTO a
memorandum of agreement WITH THE DEPARTMENT, which shall set
forth his/HER SPECIFIC responsibilities including:

a) To testify before and provide information to all appropriate law
enforcement officials conceming 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 under this Act;

d) To comply with legal obligations and civil judgments against him/HER;
e) To cooperate with respect to all reasonable requests of officers and
employees of the Goverment who are providing protection under this Act;
[and]

f) To regularly inform the appropriate program official of his/HER current
activities and address;

G) TO NOT 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."

SECTION 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 Act: Provided, however, That before terminating such protection]. The
Secretary of Justice shall send WRITTEN notice to the person involved of
the termination of the BENEFITS AND protection provided under this Act,
stating therein the reason for such termination.

SECTION 7. CONFIDENTIALITY [of proceedings]. All [proceedings]
MATTERS involving [application for] admission [into] AND COVERAGE
UNDER the Program [and the action taken thereon] shall be confidential
in nature. No 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.

SECTION 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] THE WITNESS 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 UPON SATISFACTION OF THE REASONABLE CONDITIONS
THE DEPARTMENT SHALL HEREAFTER CLEARLY SET FORTH.

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 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] THE WITNESS’ 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] THE WITNESS’
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 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] GIVEN AN ALLOWANCE BY THE DEPARTMENT equivalent
TO THE WITNESS’ salaries or wages corresponding to the number of
THE WITNESS’ days of absence FROM WORK 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]
THE WITNESS’ 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] iliness OR ANY OTHER MEDICAL CONDITION incurred or suffered
by [him because of] THE WITNESS OR BY HIS/HER 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,
INTERVIEWS, AND/OR INVESTIGATIONS 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 HIS/HER STAY IN
SAID TEMPORARY SHELTER

f If a Witness is killed, because of 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)] FIVE HUNDRED THOUSAND PESOS
(P500,000.00) from the Program exclusive of any other similar benefits
[he] THE WITNESS may be entitled to under other existing laws.


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9) [In case of death or permanent incapacity, his] THE WITNESS’ minor or
dependent children shall be entitled to free education AND/OR
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
OF BY THE WITNESS’ MINOR OR DEPENDENT CHILDREN FOR
PRIMARY, SECONDARY AND TERTIARY EDUCATION; PROVIDED
THAT, FOR TERTIARY EDUCATION, THE EDUCATIONAL
ASSISTANCE SHALL IN NO CASE EXCEED FIVE (5) YEARS.

SECTION 2. Sections 10 and 12 of the same Act are hereby amended to read as

follows:

SECTION 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, 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;

) 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;
€) [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.

FOR THE AVOIDANCE OF DOUBT, THE ADMISSION OF A PERSON
TO THE PROGRAM IS SEPARATE AND DISTINCT FROM THE
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 [Section 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 accused QUALIFIED TO ACT as


a State Witness under SECTION 17, Rule 119 of the Revised Rules of
Court.

SECTION 12. Effect of Admission of a 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/SHE can be utilized as a State
Witness. The Court shall order the discharge and exclusion of the said
accused from the information.

Admission into the Program shall AUTOMATICALLY entitle such State
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.

‘SECTION 3. A new Section 12-A is hereby inserted to read as follows:

SECTION 12-A. PERPETUATION OF TESTIMONY. - A WITNESS ONCE.
ADMITTED INTO THE PROGRAM SHALL PERPETUATE HIS/HER
TESTIMONY PURSUANT TO RULE 134 OF THE REVISED RULES OF
COURT.

SECTION 4. Sections 13 of the same Act is hereby deleted in its entirety and replace

with the following new Section 13:

SECTION 13. FAILURE OR REFUSAL OF THE WITNESS TO
COOPERATE OR TESTIFY. - 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
EXPENSES INCURRED RELATIVE TO HIS/HER COVERAGE UNDER
THE PROGRAM, WITHOUT PREJUDICE TO PROSECUTION FOR
CONTEMPT AND OTHER CRIMES UNDER EXISTING LAWS.

SECTION 5. Section 17 of the same Act is hereby amended to read as
follows:

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

a) Attending or testifying before any judicial or quasi-judicial body or


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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;

) Causing a criminal prosecution, or a proceeding for the revocation of a
parole or probation; or

) Performing and enjoying the rights and benefits under this Act shall be
fined not more than [Three thousand pesos (P3,000.00)] TWENTY
THOUSAND PESOS (P20,000.00) or suffer Imprisonment of not less [six
(6) months] TWO (2) YEARS but not more than [one (1) year] FOUR (4)
YEARS, or both, and he shall also suffer the penalty of perpetual
disqualification from holding public office in case of a public officer.

SECTION 6. A new Section 17-A is hereby inserted to read as follows:

SECTION 17-A. CONSTRUCTION OF PROVISIONS - IN CASE OF
DOUBT, THE PROVISIONS OF THIS ACT SHALL BE CONSTRUED IN
FAVOR OF THE ADMISSION OF THE WITNESS INTO THE PROGRAM.

SECTION 7. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be included in the annual General Appropriations Act.

SECTION 8. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the Department of Justice, in consultation with relevant
stakeholders, shall promulgate the necessary rules and regulations to effectively
implement the provisions of this Act.

SECTION 9. 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 10. 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 11. 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,