EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE 
S. B. NO.
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*19 
JUL 18 PI :35
R L U .
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Introduced by SENATOR JOEL VILLANUEVA
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 
administrative and criminal cases, or even legislative inquiries in aid of 
legislation. 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 concerns by enacting Republic Act 
No. 6981, otherwise known as the "Witness Protection, Security and Benefit 
Act.” However, this Act 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 earnestly sought.
SENATOR ^ E L  VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE 
S. B. NO. 6 1 5
(©HliC uf ti>C
*19 JUL 18 PI :35
RELi
Introduced by SENATOR JOEL VILLANUEVA
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
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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, othenwise 
known as the "Witness Protection, Security and Benefit 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 life or bodily injury or there is a likelihood


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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 rules 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.
SEC. 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 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 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 Government 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


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H) TO COMPLY WITH SUCH OTHER CONDITIONS AS THE 
SECRETARY OF JUSTICE MAY DEEM PROPER TO IMPOSE 
FOR THE SUCCESSFUL INVESTIGATION OR PROSECUTION 
OF THE CASE OR TO PRESERVE THE INTEGRITY OF THE 
PROGRAM."
SEC. 6. Breach of the Memorandum of Agreement. - Substantial 
breach of the memorandum of agreement shall be a ground for the 
IMMEDIATE termination of the BENEFITS AND protection provided 
under this 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.
SEC. 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.
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] 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.


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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] illness 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


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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.
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, 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.
SEC. 2. Sections 10 and 12 of the same Act are hereby amended to read as 
follows:
SEC. 10. [State Witness] ADMISSION OF OFFENDERS. - Any 
person who has participated in the commission of a crime and 
desires to be a witness for the State, can apply and, if qualified as 
determined in this Act and by the Department, shall be admitted into 
the Program whenever the following circumstances are present;
a) The offense in which [his] THE testimony will be used is a grave 
felony as defined under the Revised Penal Code or its 
equivalent under special laws;
b) There is absolute necessity for [his] THE testimony;
c) There is no other direct evidence available for the proper 
prosecution of the offense committed;
d) [his] THE testimony can be substantially corroborated on its 
material points;
e) [he] THE PERSON does not appear to be most guilty; and
f) [he] THE PERSON has not at any time been convicted of any 
crime involving moral turpitude.


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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.
SEC. 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.
SEC. 3. A new Section 12-A is hereby inserted to read as follows:
SEC. 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.
SEC. 4. Sections 13 of the same Act is hereby deleted in its entirety and 
replace with the following new Section 13:
SEC. 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)


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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.
SEC. 5. Section 17 of the same Act is hereby amended to read as 
follows:
SEC. 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 
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
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.
SEC. 6. A new Section 17-A is hereby inserted to read as follows:
SEC. 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.
SEC. 7. Appropriations. -  The amount necessary to carry out the provisions 
of this Act shall be included in the annual General Appropriations Act.


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SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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,