Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

d 4388
House Bill No.

Introduced by
BAYAN MUNA Party-List Representatives CARLOS ISAGANI T. ZARATE,
FERDINAND R. GAITE and EUFEMIA C. CULLAMAT,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
GABRIELA Women’s Party Representative ARLENE D. BROSAS.
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

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

EXPLANATORY NOTE,

‘There is no doubt about the importance of an effective Witness Protection Program in a country
like the Philippines.

Crimes are on the rise. Based on the reports of the Philippine National Police in 2015, there was
46% increase in the number of crimes nationwide in the first half of 2015 compared to the
same period in 2014." The nationwide crime rate from July 2016 to June 2018 dropped by 21.48
percent compared to the same period from 2014 to 2016, according to data from the Philippine
National Police (PNP). However, murder is up by 112%.

‘The grave situation of criminality is made worse by draconian measures of the Duterte
administration against drug suspects, activists, and its critics.

‘The gravity of extrajudicial killings related to the war on drugs had attracted international
attention. In fact, on July 11, 2019, a resolution was filed by Iceland to investigate the war on
drugs in the Philippines. The resolution was adopted, 18 to 14, in the U.N. Human Rights
Council Office. The number of slain from the drug war is disputed, but according to human
rights watchdogs the number reached 27,000 in three years”. This is in contrast to the official


number of drug killings said in a press interview that 5,526 “drug personalities” had died in anti-
drug operations between July 1, 2016, and June 30, 2019°.

With killings running up to the thousands, there are very few witnesses coming forward because
of fear.* There are cases where witnesses could easily be tracked by culprits because of close
connections, such as being friends or family. ‘Then there are reported instances under the where
families point to their police as having engineered the killings’.

‘The same is true in the case of politically-motivated extrajudicial killings. Human sights
organization KARAPATAN Alliance for the Advancement of Human Rights documented a
total of 266 victims of extrajudicial killings in line with the Duterte regime’s counterinsurgency
programs Oplan Kapayapaan and Oplan Kapanatagan. ‘The rights group also recorded 404
victims of frustrated extrajudicial killings, 1,850 victims of illegal arrests, 134 tortured, 443
victims of illegal search and seizure, and 451,323 victims of forcible displacement.‘ Legal cases
are slow to proceed, with very few succeeding to put perpetrators to justice. Retired Major
General Jovito Palparan dubbed “The Butcher” for the trail of blood in areas he was assigned to,
was found guilty of kidnapping and serious illegal detention in the disappearance of University of
the Philippines students Karen Empefio and Sherlyn Cadapan in 2006. While this is one of the
rare successes of justice for politically-motivated disappearance, thousands of victims of
extrajudicial killings and other human tights violations still secks justice. But with state agents
being the perpetrators, witnesses fear to come forward lest they suffer the same fate as the
victims.

Witnesses play an important role in the serious fight against crimes, in the fight against impunity.
Vital witnesses provide crucial testimony, without which cases could be jeopardized. In a
country like the Philippines, where forensic evidence are reportedly deficient and plays little to
‘no importance at all in criminal proceedings, witnesses’ testimonies are a crucial element.

Yet, so many witnesses are being bribed, threatened or killed to stop them from appearing or
testifying in courts. ‘This is what happened to some of the witnesses in the infamous 2009
Ampatuan Massacre. Many more witnesses would rather choose to remain silent for fear of their
lives and safety. Department of Justice officials admitted that one problem in most extra judicial
kallings is always “the lack of witnesses or the lack of willing and available witnesses”

In 1991, Republic Act 6891 was approved, providing for a witness protection, security and
benefit program. According to reports, the government had a 96 percent conviction rate in 2012
for the cases that had witness enrolled in the WPP, 87 percent in 2013 and almost 87 percent in
2014.

‘The program, however, has been the subject of criticism from lawyers and different human
rights organizations and groups for a long time. For instance, the Melo Commission in its 2007



report stated that the “program is suffering from lack of funds and necessary manpower”. Atty.
Jose M. Diokno, dean of the De La Salle University College of Law, said the government should
reform the witness protection program to make it “more effective”, and that “no witness
protection law can be effective unless the mechanism allows the witness testifying ahead of the
trial”?

‘This bill is an attempt to address the weaknesses and plug loopholes in the present witness
protection program.

In particular, the bill proposes, among others, the creation of a Witness Protection Bureau which
is an independent and autonomous body attached to the Department of Justice, provision for a
separate witness protection program for witnesses of the Legislative branch, allowing the change
of identity of witnesses, secure housing facility and relocation, perpetuation of testimony and
higher penalty for influencing or harassing a witness.

‘This bill is the product of the series of hearings of the House of Representatives Committee on
Justice and includes the recommendations from various groups and agencies collected during the
16" Congress.

In view of the above, the passage of this bill into law is earnestly sought.

Approved,
RAN
BAYAN ML Partylist
oma
Rep.’ -RDINAND R. GAITE Rep. EUFE! CULLAMAT
BAYAN MUNA Pantylist BAYAN MUNA Pantylist

bbs De
Rep, D. BROSAS

GABRIEL Women’s Party



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4388
House Bill No.

Introduced by
BAYAN MUNA Party-List Representatives CARLOS ISAGANI T. ZARATE,
FERDINAND R. GAITE and EUFEMIA C. CULLAMAT,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
GABRIELA Women’s Party Representative ARLENE D. BROSAS.
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

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. Section 2 of Republic Act No. 6981, otherwise known as the “Witness
Protection, Security and Benefit Act”, is hereby amended to read as follows:

“SEC. 2. WITNESS PROTECTION BUREAU. - FOR PURPOSES OF
IMPLEMENTING A WITNESS PROTECTION, SECURITY AND BENEFIT
PROGRAM, A WITNESS PROTECTION BUREAU (WPB) IS HEREBY
CREATED WHICH SHALL, SUBJECT TO SUCH LIMITATIONS AS MAY
BE PROVIDED HEREIN, BE AN INDEPENDENT AND AUTONOMOUS
OFFICE BUT ATTACHED TO THE DEPARTMENT OF JUSTICE FOR
PURPOSE OF POLICY AND PROGRAM COORDINATION. THE WPB
SHALL INDEPENDENTLY EXERCISE ITS MANDATE OF PROVIDING
SECURITY PROTECTION AND BENEFITS TO QUALIFIED WITNESSES
AS IT MAY DETERMINE PURSUANT TO THE PROVISIONS OF THIS
ACT.

“SEC. 2-A. THE WPB DIRECTOR AND OTHER WPB OFFICIALS -
THE WPB SHALL BE HEADED BY A DIRECTOR WHO SHALL BE
ASSISTED BY THREE (3) DEPUTY DIRECTORS. THERE SHALL BE ONE
DEPUTY DIRECTOR FOR SECURITY MANAGEMENT AND
OPERATIONS, ANOTHER DEPUTY DIRECTOR FOR ADMINISTRATIVE
AND GENERAL SERVICES, AND ANOTHER DEPUTY DIRECTOR FOR
LEGAL SERVICES. THE DIRECTOR AND DEPUTY DIRECTORS SHALL
BE APPOINTED BY THE PRESIDENT, AND SHALL NOT BE REMOVED
OR SUSPENDED, EXCEPT FOR CAUSE PROVIDED BY LAW.


THE WPB SHALL HAVE REGIONAL OFFICES TO BE HEADED BY
A REGIONAL IMPLEMENTOR WHO SHALL BE APPOINTED BY THE
SECRETARY OF JUSTICE UPON THE RECOMMENDATION OF THE
WPB DIRECTOR.

“SEC. 2-B. QUALIFICATIONS, RANK, SALARY, RETIREMENT AND
OTHER BENEFITS.- THE WPB DIRECTOR, DEPUTY DIRECTORS OR
REGIONAL IMPLEMENTORS SHALL BE NATURAL-BORN CITIZENS
OF THE PHILIPPINES.

NO PERSON SHALL BE APPOINTED WPB DIRECTOR UNLESS
HE HAS BEEN ENGAGED IN THE PRACTICE OF LAW IN THE
PHILIPPINES FOR AT LEAST FIFTEEN (15) YEARS. THE WPB
DIRECTOR SHALL HAVE THE SAME RANK, SALARIES, ALLOWANCES,
AND RETIREMENT PRIVILEGES AS THAT OF THE PROSECUTOR
GENERAL, OR ITS EQUIVALENT, OF THE NATIONAL PROSECUTION
SERVICE.

THE DEPUTY DIRECTOR FOR OPERATIONS MUST HAVE BEEN
ENGAGED IN THE PRACTICE OF LAW IN THE PHILIPPINES OR
EXPERIENCED IN SECURITY PROTECTION FOR AT LEAST TEN (10)
YEARS. THE DEPUTY DIRECTOR FOR ADMINISTRATIVE AND
GENERAL SERVICES MUST HAVE BEEN ENGAGED IN THE PRACTICE
OF LAW IN THE PHILIPPINES OR EXPERIENCE IN HUMAN
RESOURCE MANAGEMENT OR OTHER RELATED FIELDS FOR AT
LEAST TEN (10) YEARS. THE DEPUTY DIRECTOR FOR LEGAL
SERVICES AND THE REGIONAL IMPLEMENTORS MUST HAVE BEEN
ENGAGED IN THE PRACTICE OF LAW IN THE PHILIPINES FOR AT
LEAST TEN (10) YEARS.

THE DEPUTY DIRECTORS SHALL HAVE THE SAME RANK,
SALARIES, ALLOWANCES, AND RETIREMENT PRIVILEGES AS THOSE
OF A SENIOR DEPUTY STATE PROSECUTOR, OR ITS EQUIVALENT, OF
THE NATIONAL PROSECUTION SERVICE. REGIONAL
IMPLEMENTORS SHALL HAVE THE SAME RANK, SALARIES,
ALLOWANCES, AND RETIREMENT BENEFITS AS THOSE OF A
REGIONAL PROSECUTOR, OR ITS EQUIVALENT, OF THE NATIONAL
PROSECUTION SERVICE.

SEC. 2-C. THE WPB SUPPORT STAFF.- THE WPB SHALL HAVE
PERMANENT SECURITY, ADMINISTRATIVE, AND LEGAL SERVICES
PERSONNEL WHO SHALL BE APPOINTED BY THE WPB DIRECTOR
BASED ON MERIT AND FITNESS AND IN ACCORDANCE WITH CIVIL
SERVICE RULES AND REGULATIONS. PROVIDED, HOWEVER, THAT
IN THE EXIGENCY OF THE SERVICE, THE WPB MAY, FROM TIME TO
TIME, HIRE CONTRACTUAL EMPLOYEES. PROVIDED FURTHER,
THAT THE NUMBER OF CONTRACTUAL EMPLOYEES THAT MAY BE
HIRED BY THE WPB SHALL NOT EXCEED TEN PERCENT (10%) OF
THE NUMBER OF ITS PERMANENT SECURITY AND
ADMINISTRATIVE AND LEGAL SERVICES PERSONNEL.

‘THE NUMBER, QUALIFICATIONS, SALARY GRADE OF THE WPB
SUPPORT STAFF SHALL BE AS FOLLOWS:

LEGAL SERVICES

[ NO. OF PERSONNEL | POSITION SALARY GRADE
|



10 ATTORNEY 2 26

rey ATTORNEY 1 25

SECURITY MANAGEMENT AND OPERATIONS

NO. OF PERSONNEL =| POSITION SALARY GRADE
1 SECURITY OFFICER V | 24
2 SECURITY OFFICER | 22
Iv
5 SECURITY OFFICER | 18
m1
160 SECURITY OFFICER II | 15
150 SECURITY OFFICERI | it

ADMINISTRATIVE SERVICES

NO. OF PERSONNEL | POSITION, SALARY GRADE
1 EXEC. ASSISTANT 4

2 FINANCE OFFICER II | 23

B FINANCE OFFICERI | 17

5 ADMIN OFFICER IV | 22

5 ADMIN OFFICER III 18

5 ADMIN OFFICER II 5

5 UTILITY WORKER 3

5 PSYCHOLOGIST III 18

SUBJECT TO AVAILABILITY OF FUNDS AND WITH APPROVAL
OF THE DEPARTMENT OF BUDGET AND MANAGEMENT THE
NUMBER OF PERSONNEL IN THE WPB SUPPORT STAFF MAY BE
INCREASED AS MAY BE NECESSARY OR REQUIRED BY THE
EXCIGENCIES OF THE SERVICE.

ALL MEMBERS OF THE WPB SUPPORT STAFF MUST BE
CITIZENS OF THE PHILIPPINES, OF GOOD MORAL CHARACTER, A
HOLDER OF A BACCALAUREATE DEGREE, HAS NOT BEEN
CONVICTED OF ANY CRIME INVOLVING MORAL TURPITUDE, AND
HAS PASSED THE EXAMINATIONS AND COMPLIED WITH OTHER
REQUIREMENTS AS MAY BE PRESCRIBED BY THE WPB. MEMBERS
OF THE WPB SUPPORT STAFF HOLDING THE POSITION OF



ATTORNEY 1 OR 2 MUST BE A MEMBER OF THE PHILIPPINE BAR
WITH AT LEAST 5 YEARS EXPERIENCE.

SEC. 2-D. BENEFITS AND PRIVILEGES.. THE WPB SHALL
PROVIDE ITS EMPLOYEES WITH THE FOLLOWING BENEFITS:
A.) HEALTH CARE SERVICES THROUGH A HEALTH
MAINTENANCE ORGANIZATION (HMO);

B.) ACCIDENT INSURANCE POLICIES FOR ALL EMPLOYEES,
PROCURED BY THE WPB AT ITS OWN EXPENSE, WHILE IN THE
PERFORMANCE OF THEIR OFFICIAL DUTIES AND FUNCTIONS;

C,) WITHOUT PREJUDICE TO EFFICIENCY IN THE SERVICE,
GRANT TRAININGS, SCHOLARSHIPS AND SEMINARS TO
DESERVING EMPLOYEES, ON OFFICIAL TIME AND AT THE
EXPENSE OF THE WPP, TO UPGRADE THEIR KNOWLEDGE
AND SKILLS: PROVIDED, THAT GRANTEES UNDER THIS
PROVISION SHALL BE SELECTED ON THE BASIS OF MERIT AS
DETERMINED BY COMPETITIVE EXAMINATION; AND

D.)LONGEVITY PAY SUBJECT TO GUIDELINES THAT SHALL
HEREAFTER BE ISSUED BY THE WPB DIRECTOR IN
ACCORDANCE WITH EXISTING LAWS AND REGULATIONS AND
SUBJECT FURTHER TO THE APPROVAL OF THE SECRETARY OF
THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM).”

SEC. 2-E. POWERS AND FUNCTIONS OF THE WPB DIRECTOR- THE
WPB DIRECTOR SHALL HAVE THE FOLLOWING POWERS AND FUNCTIONS:

A) IN COORDINATION WITH THE SECRETARY OF JUSTICE,
FORMULATE POLICIES, GUIDELINES AND PROGRAMS TO
EFFECTIVELY CARRY OUT THE PURPOSES OF THIS ACT;

B.) DIRECT AND SUPERVISE THE ADMINISTRATION AND
OPERATIONS OF THE WPB;

C.) SUBJECT TO THE APPROVAL OF THE SECRETARY OF JUSTICE,
PROMULGATE RULES AND REGULATIONS AS MAY BE
NECESSARY OR PROPER FOR THE EFFECTTIVE EXERCISE OF
THE POWERS AND FUNCTIONS AS WELL AS THE DISCHARGE OF
THE DUTIES AND RESPONSIBILITIES OF THE WPB, ITS
OFFICIALS AND PERSONNEL;

D.) DETERMINE, FROM TIME TO TIME, SUBJECT TO AVAILABILITY
OF FUNDS, AND APPROVAL OF THE SECRETARY OF THE
DEPARTMENT OF BUDGET AND MANAGEMENT (DBM), THE
LIMITS TO WHICH, IN TERMS OF AMOUNT AND PERIOD
COVERED, REASONABLE ALLOWANCES, INCENTIVES, BONUSES,
PRIVILEGES AND OTHER BENEFITS MAY BE GIVEN TO WPB
EMPLOYEES;

E.) CREATE OR ABOLISH, SUBJECT TO THE APPROVAL OF THE
SECRETARY OF THE DEPARTMENT OF JUSTICE (DOJ), ANY
DIVISION/UNIT AS MAY BE REQUIRED BY THE EXIGENCIES OF
THE SERVICE;


F.) HIRE CONSULTANTS FOR SUCH LENGTH OF TIME AS MAY BE
DEEMED REQUIRED BY THE EXIGENCIES OF THE SERVICE;

G.) ISSUE MISSION ORDERS AND PERMITS TO CARRY FIREARMS
OUTSIDE RESIDENCE TO ITS SECURITY OFFICES

H.) REMOVE, SUSPEND OR OTHERWISE DISCIPLINE WPB
PERSONNEL FOR CAUSE IN ACCORDANCE WITH CIVIL SERVICE
RULES AND REGULATIONS AND OTHER PERTINENT LAWS.
PROVIDED, HOWEVER, THAT WHEN THE PENALTY METED
OUT AGAINST AN ERRING PERSONNEL IS SUSPENSION FOR
MORE THAN SIX (6) MONTHS OR REMOVAL FROM SERVICE,
SUCH SUSPENSION OR REMOVAL FROM SERVICE MAY BE
APPEALED TO THE SECRETARY OF JUSTICE AND SHALL NOT BE
EXECUTORY PENDING SUCH APPEAL.

1) PERFORM ANY AND ALL ACTS NECESSARY, PROPER OR
INCIDENTAL TO THE ATTAINMENT OF THE PURPOSES AND
OBJECTIVES OF THIS ACT; AND

J) PERFORM SUCH OTHER RELATED FUNCTIONS AS MAY BE
PROVIDED BY LAW OR AUTHORIZED BY THE SECRETARY OF
JUSTICE.

SEC. 2. Sections 3, 4, 5, 6, 7, 8, 9, and 10 of the same 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
ot about to testify before any judicial or quasi-judicial body, or before any investigating
authority, may be admitted into the Program: Provided, ‘That:

q) ‘The offense fin] 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;

‘p) [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

Q) [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

“@) THE WITNESS IS EMOTIONALLY AND PSYCHOLOGICALLY
SUITABLE OR FIT TO BE ADMITTED TO THE PROGRAM AS MAY BE
DETERMINED THROUGH APPROPRIATE = EXAMINATIONS
CONDUCTED BYTHE WPB.

“If the WPB , 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, within thirty (30) days from the submission of the
requirements of this Act and the implementing rules and regulations, 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.



THE DETERMINATION BY THE WPB TO ADMIT OR REFUSE A
WITNESS TO THE PROGRAM MAY BE REVIEWED BY THE SECRETARY
OF JUSTICE ON THE GROUND THAT THE WPB ACTED WITH GRAVE
ABUSE OF DISCRETION IN REFUSING OR ADMITTING THE WITNESS
TO THE PROGRAM.

For purposes of this Act, any such person admitted to the Program shall be
known as the Witness.”

“SEC. 3-A. PROVISIONAL ADMISSION. - A WITNESS WHO HAS
APPLIED FOR ADMISSION INTO THE PROGRAM BUT HAS NOT FULLY
COMPLIED WITH ALL THE WPB’S REQUIREMENTS, OR WHOSE
APPLICATION IS STILL PENDING EVALUATION MAY BE PROVISIONALLY
ADMITTED TO THE PROGRAM IF THERE IS A SERIOUS THREAT TO HIS
SECURITY. THE PROVISIONAL ADMISSION OF A WI INES WILL ENTITLE,
OTHER

SS WITHIN THIRTY (30) DAYS FROM FULL COMPLIAN!
OF THE REQUIREMENTS OF THIS ACT AND THE IMPLEMENTING RUL
AND REGULATION:
4, Witness in Legislative Investigations. - 1 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 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 WITNESS PROTECTION
BUREAU: PROVIDED, FURTHER, THAT ANY WITNESS TO A CRIMINAL
CASE WHO IS COVERED BY THE PROGRAM ADMINISTERED BY THE
WITNESS PROTECTION BUREAU SHALL CONTINUE TO BE COVERED

9


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. Menvorandum of Understanding (MOU) 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:

“g) 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;

¢) 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 ASPECT OF THE OFFENSE SUBJECT OF THE CASE OR
INVESTIGATION;

“1) NOT TO DIVULGE ANY INFORMATION REGARDING MY WPP.
COVERAGE OR THE DETAILS OF MY TESTIMONY TO THE MEDIA OR
ANY THIRD PARTY NOT CONNECTED WITH THE PROGRAM
WITHOUT CLEARANCE OR PERMISSION FROM THE WPB; AND

“H) TO COMPLY WITH SUCH OTHER CONDITIONS AS THE WPB
MAY DEEM PROPER TO IMPOSE FOR THE SUCCESSFUL
INVESTIGATION OR PROSECUTION OF THE CASE OR TO PRESERVE
THE INTEGRITY OF THE PROGRAM.”

. 6. Breach of the Memorandum of Understanding ox violation of policies, rules
and regulations- Substantial breach of the memorandum of understanding, and serious
violations of the provisions of this Act, policies, rules and regulation of the Program shall
be a ground for the IMMEDIATE termination of the BENEFITS AND protection
provided under this Act[: Provided, however, That before terminating such protection,].
[t}The WPB shall send notice to the person involved of the termination of the

10


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] [N]No information or
document 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 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 WITNESS PROTECTION
BUREAU.”

“SEC. 8 Rights and Benefits. - The Witness shall have the RIGHT TO
SECURITY AND PROTECTION AS WELL AS THE following rights and
benefits:

“g) To have a secure housing facility until he has testified or until the threat,
intimidation or harassment disappears of 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
WHO IS UNDER THREAT.

“A CHANGE OF PERSONAL IDENTITY MAY INCLUDE A
CHANGE IN PHYSIOLOGICAL APPEARANCE OR CHANGE OF NAME.
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  SAPARATE JUDICIAL ORDER OR
ADMINISTRATIVE PROCEEDING. PURSUANT TO SUCH ORDER, THE
SECRETARY OF JUSTICE MAY DIRECT ALL CONCERNED AGENCIES
OF THE GOVERNMENT TO MAKE THE NECESSARY ENTRIES IN
SUCH A MANNER THAT ENSURES THE CONFIDENTIALITY OF THE
PROCEEDINGS AND AVOID A DISCLOSURE OF THE IDENTITY OF
THE WITNESS.

“b) The WPB 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 WPB shall determine.

“c) In no case shall the Witness be removed from or demoted in work because or
on account of [his] ONES 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 WPB, within a period of thirty (30) days
from the date when the Witness last reported for work: Provided, further, That in the case

11


of prolonged transfer or permanent relocation, the employer shall have the option to
remove the Witness from employment after securing clearance from the WPB, 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.

“4) ‘To be provided with reasonable travelling expenses and_ subsistence
allowance by the Program in such amount as the WPB 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.

“¢) 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, ot 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) A Witness killed because of his participation in the Program, shall entitle his
heirs to a burial benefit of not less than FIVE HUNDRED thousand pesos
(P300,000.00) 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 AND/OR EDUCATIONAL
ASSISTANCE, from primary to college level in any state-OWNED |, 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; AND

“H) LEGAL ASSISTANCE IN DEFENDING AGAINST
UNWARRANTED RETALIATORY AND/OR HARASSMENT CASES.”

. In any case where a Witness admitted into the Program shall testify, the
judicial or quasi-judicial body or investigating authority shall assure speedy hearing o tral
and shall endeavor to finish said proceeding within three (3) months from the filing of
the case.

“THE JUDGE AND/OR THE CLERK OF COURT SHALL ENSURE
THAT CASES WITH WITNESSES UNDER THE PROGRAM SHALL BE
GIVEN THE FIRST PRIORITY IN THE CALENDAR OF THE COURT.
THE JUDGE SHALL EXERT SERIOUS EFFORT TO TAKE THE

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TESTIMONY OF THE WITNESS AND COMPLETE/TERMINATE THE
SAME IN ONE SETTING WITH DUE REGARD TO THE RIGHT TO DUE
PROCESS OF THE ACCUSED.”

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 WPB, 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;

“4) [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] FORGERIES, OTHER FALSITIES AND FRAUDS.

“THE ADMISSION OF A PERSON TO THE PROGRAM IS
DISTINCT AND SEPARATE FROM A DISCHARGE FROM AN
INFORMATION OR CRIMINAL COMPLAINT BY THE COURT OF AN
ACCUSED TO BECOME 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
to become 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 accused [, so that he can be used] WHO
QUALIFIED as [a] State Witness under SECTION 17 Rule 119 of the Revised Rules
of Court.”

SEC. 3. Section 12 of the same Act is hereby amended to read as follows:

C. 12. Effect of Admission of an Offender into the Program. - "The certification of
admission into the Program by the WPB shall be given full faith and credit by the
prosecutor who is required not to include the Offender 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 IMMEDIATELY ORDER
THE DISCHARGE AND EXCLUSION OF THE SAID WITNESS FROM
THE INFORMATION.”

“THE IMMUNITY GRANTED SHALL BE REVOKED IF HE IS
REMOVED FROM THE COVERAGE OF THE PROGRAM FOR
VIOLATION OF THE PROVISIONS OF THIS ACT, THE MEMORANDUM
OF UNDERSTANDING, OR THE POLICIES OR RULES AND
REGULATIONS AS MAY BE ISSUED BY THE WPB. PROVIDED,
HOWEVER, THAT THE WITNESS SHALL BE GIVEN THE

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OPPORTUNITY TO BE HEARD BEFORE HE IS REMOVED FROM THE
COVERAGE OF THE PROGRAM. PROVIDED, FURTHER, THAT THE
SECRETARY OF JUSTICE MAY REVIEW THE REMOVAL OF THE
WITNESS FROM THE COVERAGE THAT WILL RESULT IN THE
REVOCATION OF HIS IMMUNITY.”

SEC. 4. 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.”

SEC. 5. Sections 13, 14, and 15 of the same Act are hereby amended to read as follows:

“SEC. 13. Failure or Refusal of the Witness to COOPERATE OR Testi. — |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.|

“IT SHALL BE UNLAWFUL FOR A WITNESS TO REFUSE OR FAIL
TO COOPERATE IN THE INVESTIGATION OR PROSECUTION OF ACTS
OR OFFENSES FOR WHICH HE WAS COVERED UNDER THE
PROGRAM. A WITNESS WHO (1) EXECUTES AN AFFIDAVIT OF
DESISTANCE OR ANY INSTRUMENT IN CONTRAVENTION TO THE
ORIGINAL AFFIDAVIT; (2) DOES NOT APPEAR DURING SCHEDULED
HEARINGS WITHOUT JUST CAUSE DESPITE NOTICE; OR, (3)
UNJUSTLY FAILS OR REFUSES TO COOPERATE OR TESTIFY IN THE
INVESTIGATION OR PROSECUTION OF A CASE SHALL BE
CRIMINALLY PROSECUTED AND SHALL, UPON CONVICTION,
SUFFER THE PENALTY OF IMPRISONMENT OF NOT LESS THAN
FOUR (4) YEARS BUT NOT MORE THAN SIX (6) YEARS. IF A WITNESS
GIVES FALSE OR MISLEADING TESTIMONY, HE SHALL, UPON
CONVICTION, SUFFER THE PENALTY OF IMPRISONMENT OF NOT
LESS THAN SIX (6) YEARS BUT NOT MORE THAN TWELVE (12) YEARS.
IN ADDITION, THE WITNESS SHAL BE REQUIRED TO RESTITUTE
ALL THE WPB’S EXPENSES RELATIVE TO HIS COVERAGE, WITHOUT
PREJUDICE TO PROSECUTION FOR CONTEMPT AND OTHER
OFFENSES UNDER OTHER EXISTING LAWS.”

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

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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 conceming 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. [Peyjury 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.

SEC. 6. Section 17 of the same Act is hereby amended to read as follows:

“SEC. 17. Penalty for Harassment or INFLUENCING 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, INFLUENCES THE WITNESS TO MISREPRESENT OR
MAKE UNTRUTHFUL STATEMENTS OR WHO ATTEMPTS TO HINDER,
DELAY, PREVENT OR DISSUADE THE WITNESS from:

“q) 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)] FIFTY
THOUSAND PESOS (P50,000.00) or suffer imprisonment of not less than [six (6)
months] SIX YEARS but not more than [one (1) year] TWELVE (12) YEARS. |, or
both. He shall also suffer the penalty of perpetual disqualification ftom 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.”

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SEC. 7. A new section (Section 17-A) is hereby inserted in Republic Act No. 6981 which
shall read as follows:

“SECTION 17-A. CONSTRUCTION OF PROVISIONS. ~1N CASE OF
DOUBT, ANY PROVISION OF THIS ACT SHALL BE CONSTRUED IN
FAVOR OF THE ADMISSION OF THE WITNESS.”
SEC. 8. Transitory Provision. - All personnel of the Witness Protection Program shall
continue to discharge the functions of their positions until a new personnel shall have been
appointed.

SEC. 9. Appropriations. ~The amount necessary to carry out the provisions of this Act
shall be included in the annual General Appropriations Act.

SEC. 10. Rules and Regulations. -The WPB shall promulgate the necessary rules and
regulations to implement this Act.

SEC. 11. Separability Clause. ~ If any section ot provision of this Act shall be declared
unconstitutional or invalid, such shall not invalidate any other section of this Act.

SEC. 12. Repealing Clause. — All laws, decrees, orders, rules, regulations, ordinances or
parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 13. Effctivity Clause —"This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) general newspapers of national circulation.

Approved,

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