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EIGHTEENTH CONGRESS ) \ .
REPUBLIC OF THE PHILIPPINES ) \ ME. Ow
FIRST REGULAR SESSION: ) \\ oy BY
Ke yy
HOUSE OF REPRESENTATIVES £ ypex OSS

Introduced by Representative Rufus B. Rodriguez

2828

House Bill No.

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. during the 15" Congress where it
was approved by the Committee on Justice and substituted by House Bill No. 5714. It was
subsequently approved by the House of Representatives and transmitted to the Senate
Where it was not acted upon. It was re-flied during the 16" and 17" COngressese where it

was not acted upon.

In view of the active roles of the Senate and the House of Representatives in the
investigation of malfeasance, misfeasance or nonfeasance of government officials which are
detrimental to the interests of the Filipino people, there is a need to amend Republic Act No.
6981, otherwise known as the “Witness Protection, Security and Benefit Act”

It is necessary that the Senate and the House of Representatives have their own
separate Witness Protection, Security, and Benefit Program for the resource person and/or

witness appearing before any of its committees.

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

h Mic
wh ogi!


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES,

Introduced by Representative Rufus B. Rodriguez

2828

House Bill No.

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. Sections 3, 4, 5, 6, 7 and 8 of Republic Act No. 6981, otherwise known as
the ‘Witness Protection, Security and Benefit Act’, are hereby amended to read as follows:
“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]

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

“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 a 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 DEPARTMENT OF JUSTICE: PROVIDED,
FURTHER, THAT ANY WITNESS TO A CRIMINAL CASE WHO IS
COVERED BY THE PROGRAM ADMINISTERED BY THE
DEPARTMENT OF JUSTICE SHALL CONTINUE TO BE COVERED
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. Memorandum of Agreement (MOA) 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


ties involved in the offense

connection with or arising from the act

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]

5) 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 OR CRIMINAL ASPECT OF THE OFFENSE SUBJECT
OF THE CASE OR INVESTIGATION; AND

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

“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,]. [t]The Secretary of Justice 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 terminatior

“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[.] AND [NINo 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 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
“A CHANGE OF PERSONAL IDENTITY MAY INCLUDE A
CHANGE IN PHYSIOLOGICAL APPEARANCE OR CHANGE OFNAME.
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 SEPARATE JUDICIAL ORDER OR
ADMINISTRATIVE PROCEEDINGS. PURSUANT TO SUCH ORDER,
THE SECRETARY OF JUSTICE MAY DIRECT ALL CONCERNED
AGENCIES OF THE GOVERNMENT TO MAKE THE NECESSARY
ENTRIES IN THEIR RESPECTIVE REGISTRIES IN SUCH A MANNER
THAT ENSURES THE CONFIDENTIALITY OF THE PROCEEDINGS
[AND AVOID A DISCLOSURE OF THE IDENTITY OF THE WITNESS.

*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 [for his support and that of his family] in such amount and for
such duration as the Department shall determine.

*o) 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 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 toremove 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] 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 Department
may determine for his attendance in the court, body or authority where his
testimony is required, as well as conferences and interviews with
prosecutors or investigating officers,

“e) To be provided with 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.”

ot) If a Witness is Killed, because of [his] participation in the
Program, [his] THE WITNESS’ heirs shall be entitied to a burial benefit of
not less than Ten thousand pesos (P10,000.00) from the Program
exclusive of any other similar benefits he] THE WITNESS may be
entitled to under other existing laws.

“g) fin 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 BY
THE WITNESS’ MINOR OR DEPENDENT CHILDREN FOR PRIMARY,
SECONDARY AND TERTIARY EDUCATION, BUT IN THE LATTER
CASE, NOT TO EXCEED FIVE (5) YEARS.”

SECTION 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] GOVERNMENT, 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

) [He] THE PERSON has not at any time been convicted of

any crime involving moral turpitude.

“THE ADMISSION OF A PERSON TO THE PROGRAM IS
DISTINCT AND SEPARATE FROM A 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 [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 accusedf, so that he
can be used] WHO QUALIFIED as [a] State Witness under SECTION 17,
Rule 119 of the Revised Rules of Court.”

“SEC. 12. Effect of Admission of a [State] 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] ONE can be

ed 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 & hereof] THE
COURT SHALL ORDER THE DISCHARGE AND EXCLUSION OF THE
SAID WITNESS FROM THE INFORMATION.”

SECTION 3.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.”

SECTION 4. Sections 13, 14, 15 and 17 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.]

“A WITNESS COVERED UNDER THE PROGRAM WHO
UNJUSTLY FAILS OR REFUSES TO COOPERATE OR TESTIFY IN
THE INVESTIGATION OR PROSECUTION OF A CASE OR WHO
GIVES FALSE OR MISLEADING TESTIMONY SHALL BE
CRIMINALLY PROSECUTED AND SHALL, UPON CONVICTION,
SUFFER THE PENALTY OF IMPRISONMENT OF NOT LESS THAN
FOUR (4) YEARS BUT NOT EXCEEDING SIX (6) YEARS. THE
WITNESS SHALL ALSO BE REQUIRED TO RESTITUTE ALL THE
PROGRAM'S EXPENSES RELATIVE TO HIS COVERAGE WITHOUT
PREJUDICE TO PROSECUTION FOR CONTEMPT 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. 17. Penalty for Harassment of 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, 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;

*e) ‘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)] TWENTY THOUSAND PESOS (P20,000.00) or suffer
imprisonment of not less than [six (6) months] TWO (2) YEARS but not

more than fone (1) year] FOUR (4) 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.”

SECTION 5.A new section (Section 17-A) is hereby inserted in Republic Act No. 6981 which
shall read as follows:



“SEC. 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.”

SECTION 6. Appropriations. - The amount necessary to carry out the provisions of this Act
shall be included in the annual General Appropriations Act.

SECTION 7. Rules and Regulations. - The Department of Justice shall promulgate the
necessary rules and regulations to implement this Act.

SECTION 8. Separability Clause. — If any section or provision of this Act shall be declared
unconstitutional or invalid, such shall not invalidate any other section of this Act.

SECTION 9. Repealing Clause.  Alll laws, decrees, orders, rules, regulations, ordinances or
parts thereof which are inconsistent with this Act are hereby repealed or modified
accordingly.

SECTION 10. 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,

9