Hou WF REPRESENTATIVES:

Republic of the Philippine: RECEIVED
HOUSE OF REPRESENTATIVES — 15 AUG 2016
Quezon City DATE
sive:
SEVENTEENTH conGrebs RY: A
First Regular Session |

PERISTRATION UNIT
, Intl X SERVICE
House BILLNo, 2899 1.59 Nex

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE

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 ina
country like the Philippines.

Crimes are on the rise. Based on the reports of the Philippine National Police in 2015, there
was a 46% increase in the number of crimes nationwide in the first half of 2015 compared to
the same period in 2014.

Witnesses play an important role in the serious fight against crimes. 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 killings 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.

1 Hl 10/2 3/14 ippine-crime-rate-4é
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fighting-impunity


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,
Waa BASOST
nop AERIS AS T. ZARATE
Bayan Muna Party-list
Changes 26 pdf
*h i “ :
fighting-impunity


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

2899

HOUSE BILL NO.

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE

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, 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
15 ATTORNEY 1 25

SECURITY MANAGEMENT AND OPERATIONS



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 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.]

“e) 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

7


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 WITNESS WILL ENTITLE
HIM TO SECURITY PROTECTION. HE SHALL ENJOY THE OTHER
APPROPRIATE RIGHTS AND BENEFITS ONCE HE IS EXTENDED IN
REGULAR ADMISSION. THE WPB SHALL EXTEND REGULAR ADMISSION
TO THE WITNESS WITHIN THIRTY (30) DAYS FROM FULL COMPLIANCE
OF THE REQUIREMENTS OF THIS ACT AND THE IMPLEMENTING RULES
AND REGULATIONS.

“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 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
AND SHALL REMAIN UNDER SUCH PROGRAM NOTWITHSTANDING

8


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 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:

“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[.];

“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;

“I) 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.”

“SEC. 6. Breach of the Memorandum of Understanding or 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 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[.] [NJNo 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:

“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 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] 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 WPB, within a period of

10


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 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.

“d) To be provided with reasonable travelling expenses and subsistence
allowance by the Program in such amount as the WPBmay 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) A Witness killed because of his participation in the Program, shall entitle
his heirs to a burial benefit of not less than THIRTY thousand pesos (30,000.00)
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.”

“SEC. 9. 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 or trial and shall endeavor to finish said proceeding within three (3) months
from the filing of the case.

11


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

“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 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;

“d) {his] THE testimony can be substantially corroborated on its material
points;

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

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

“SEC. 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.”

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“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 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 Testify. —
[Any Witness registered in the Program who fails or refuses to testify or to continue
to testify without just cause when lawfully obliged to do so, shall be prosecuted for
contempt. If he testifies falsely or evasively, he shall be liable to prosecution for
perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively, or
violates any condition accompanying such immunity without just cause, as
determined in a hearing by the proper court, his immunity shall be removed and he
shall be subject to contempt or criminal prosecution. Moreover, the enjoyment of all
rights and benefits under this Act shall be deemed terminated.]

[“The Witness may, however, purge himself of the contumacious acts by
testifying at any appropriate stage of the proceedings.]

“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

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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.”

“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 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:

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

“b) reporting to a law enforcement officer or judge the commission or possible
commission of an offense, or a violation of conditions or probation, parole, or release
pending judicial proceedings;

“c) seeking the arrest of another person in connection with the offense;

“d) causing a criminal prosecution, or a proceeding for the revocation of a
parole or probation; or

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“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 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.”

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. — IN 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 or 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. 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,

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