SIXTEENTH CONGRESS: )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

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

House Bill No. _ 3692

EXPLANATORY NOTE

The Global Integrity 2007 and Transparency International's Global Corruption
Barometer 2007 report that citizens perceive the judiciary to be corupt. The enormous
backlog of cases furthers corrupt practices, and thus reinforces this image of the judiciary.
Judges have been known to take bribes in order to grant bail to itgants, even in cases
Where the law prohibits granting bail, Citizens may also encounter other procedural
irregularities in the courts which can give rise to corrupt behavior, such as lack of legal and
procedural knowledge, resulting in false charges.

Further, companies’ confidence in our judicial system is low also because of
allegations of graft and corruption, as well as incompetence within the judiciary. According to
the World Bank & IFC Enterprise Survey Philippines 2003, approximately 15% of companies
surveyed admit to —bribing judges. to. influence verdicts.

Considering the fact that judiciary, being a pillar of the government for its basic duty
to administer justice, there is a need to curb corruption and other anomalies therein. In this
respect, legal and financial support and protection must be given to witnesses.

In view of the foregoing, the passage of this bill is earnestly sought.

RUFUS B. nue
MAXIMO B. a JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

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

3692

House Bill No.

AN ACT
PROVIDING FOR A WITNESS PROTECTION PROGRAM FOR WITNESSES IN
ANOMALIES IN THE JUDICIARY

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

Section 1. Declaration of Policy. — It is hereby declared policy of the State to
protect the witnesses to anomalies in the judiciary.

Section 2. Implementation of Program. - The Integrated Bar of the Philippines shall
formulate and implement a Program, pursuant to end consistent with the provisions of this
Act.

Section 3. Admission into the Program. - Any person who has witnessed or has
knowledge or information on any anomaly in the Judiciary may be admitted into the
Program:

Section 4. Memorandum of Agreement With the Person to be Protected. -
Before a person is provided protection under this Act, he shall first execute a memorandum
of agreement 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 anomaly;

b) to take all necessary precautions to avoid detection by others of the facts

conceming the protection provided him under this Act;

c) to comply with legal obligations and civil judgments against him;

d) to cooperate with respect to all reasonable requests of officers and employees of

the Government who are providing protection under this Act; and

e) to regularly inform the appropriate program official of his current activities and

address.

Section 5. Breach of the Memorandum of Agreement. - Substantial breach of the
memorandum of agreement shall be a ground for the termination of the protection provided
under this Act: Provided, however, That before terminating such protection, the IBP shall
send notice to the person involved of the termination of the protection provided under this
Act, stating therein the reason for such termination.

Section 6. 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 Integrated Bar of the Philippines or the Supreme Court

‘Any person who violates the confidentiality of said proceedings shall upon conviction
be punished with imprisonment of not less than one (1) year 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

Section 7. 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 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 may be
extended to any member of the family of the Witness within the second civil degree
of consanguinity or affinity
(b) The IBP 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 IBP shall determine.
(c) Inno case shall the Witness be removed from or demoted in work because or on
account of his 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 IBP, 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 IBP 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
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 IBP 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 free medical treatment, hospitalization and medicines for any
injury or illness incurred or suffered by him because of witness duty in any private or
public hospital, 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 a burial 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 to free education, from primary to college level in any state, or private
school, college or university as may be determined by the IBP, as long as they shall
have qualified thereto.

Section 8. 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.

Section 9. Witness. - Any person who has participated in the anomaly and desires
to be a witness for the State can apply and, if qualified as determined in this Act and by the
IBP, shall be admitted into the Program whenever the following circumstances are present:

(a) there is absolute necessity for his testimony;

(c) there is no other direct evidence available


(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

Section 10. Sworn Statement. - Before any person is admitted into the Program
pursuant to the next preceding Section he shall execute a sworn statement describing in
detail the anomaly and his participation therein if any. if after said examination of said
person, his swom statement and other relevant facts, the IBP is satisfied that the
requirements of this Act and its implementing rules are complied with, it may admit such
person into the Program and issue the corresponding certification.

If his application for admission is denied, said swom statement and any other
testimony given in support of said application shall not be admissible in evidence, except for
impeachment purposes.

Section 11. Effect of Admission of a Witness into the Program. - 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 7 hereof.

Section 12. 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
lawtully 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 himseff of the contumacious acts by testifying at
any appropriate stage of the proceedings.

Section 13. Compelled Testimony. - Any Witness admitted into the Program Act
cannot refuse to testify or give evidence or produce books, documents, records or writings
necessary for the investigation of the anomaly for which he has been admitted into the
Program on the ground of the constitutional right against setf-incrimination but he shall enjoy
immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for
any transaction, matter or thing conceming his compelled testimony or books, documents,
records and writings produced.

Section 14. 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.

Section 15. 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;

(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 anomal ;

(d) 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 or attempts to do
() FShall be fined not more than Three thousand pesos (P3,000.00) or suffer
imprisonment of not less than six (6) months but not more than one (1) year, or both,
art he shall also suffer the penalty of perpetual disqualification from holding public
office in case of a public officer.

Section 16. Rules and Regulations. - The IBP shall promulgate such rules and
regulations as may be necessary to implement the intent and purposes of this Act. Said rules
and regulations shall be published in ‘two (2) newspapers of general circulation.

Section 17. Repealing Clause. - All laws, decrees, executive issuances, rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.

Section 18. Funding. - The amount of Five Million Pesos (PS,000,000.00) is hereby
authorized to be appropriated out of any funds in the National Treasury not otherwise
appropriated to carry into effect the purpose of this Act.

‘Expenses incurred in the Implementation of the Program may be recovered as part of
the cost or indemnity imposed upon the defendants.

Furthermore, other funding schemes or sources, subject to the limitations of the law,
shall be allowed in furtherance hereof

Section 19. Separability Clause. - The declaration of unconstitutionality or invalidity
of any provision of this Act shall not affect the other provisions hereof.

Section 20. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in two (2) newspapers of general circulation.

Approved,