FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES =).
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

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

House Bill No., 2724

EXPLANATORY NOTE

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

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

Considering the fact that judiciary, being a pillar of the government for its
basic duty to administer justice, there is a need to curb corruption and other

anomalies therein. In this respect, legal and financial support and protection
must be given to witnesses.

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

RUFUS B. RODRIGUEZ

ia

MAXIMO B. RODRIGUEZ, JR.


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

HOUSE OF REPRESENTATIVES

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

House Bill No. 2724

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

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

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

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

Section 4. Memorandum of Agreement With the Person to be
Protected. - Before a person is provided protection under this Act, he shall first
execute a memorandum of agreement which shall set forth his responsibilities
including:

a) to testify before and provide information to all appropriate law
enforcement officials concerning all appropriate proceedings in
connection with or arising from the activities involved in the anomaly;

b) to take all necessary precautions to avoid detection by others of the
facts conceming the protection provided him under this Act;

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

d) to cooperate with respect to all reasonable requests of officers and
employees of the Goverment who are providing protection under this
Act; and

€) to regularly inform the appropriate program official of his current
activities and address.


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

Section 6. Confidentiality of Proceedings. - All proceedings involving
application for admission into the Program and the action taken thereon shall
be confidential in nature. No information or documents given or submitted in
support thereof shall be released except upon written order of the Integrated
Bar of the Philippines or the Supreme Court.

‘Any person who violates the confidentiality of said proceedings shall
upon conviction be punished with imprisonment of not less than one (1) year
but not more than six (6) years and deprivation of the right to hold a public
office or employment for a period of five (5) years.

Section 7. Rights and Benefits. - The witness shall have the following
rights and benefits:

(a) To have a secure housing facility until he has testified or until the
threat, intimidation or harassment disappears or is reduced to a
manageable or tolerable level. When the circumstances warrant, the
Witness shall be entitled to relocation and/or change of personal identity
at the expense of the Program. This right may be extended to any
member of the family of the Witness within the second civil degree of
consanguinity or affinity.

(b) The IBP shall, whenever practicable, assist the Witness in obtaining
a means of livelihood. The Witness relocated pursuant to this Act shall
be entitled to a financial assistance from the Program for his support and
that of his family in such amount and for such duration as the IBP shall
determine.

(c) In no case shall the Witness be removed from or demoted in work
because or on account of his absences due to his attendance before any
judicial or quasi-judicial body or investigating authority, including
legislative investigations in aid of legislation, in going thereto and in
coming therefrom: Provided, That his employer is notified through a
certification issued by the IBP, within a period of thirty (30) days from the
date when the Witness last reported for work: Provided, further, That in
the case of prolonged transfer or permanent relocation, the employer
shall have the option to remove the Witness from employment after
securing clearance from the IBP upon the recommendation of the
Department of Labor and Employment.

Any Witness who failed to report for work because of witness duty shall
be paid his equivalent salaries or wages corresponding to the number of
days of absence occasioned by the Program. For purposes of this Act,


any fraction of a day shall constitute a full day salary or wage. This
provision shall be applicable to both government and private employees.

(d) To be provided with reasonable travelling expenses and subsistence
allowance by the Program in such amount as the IBP may determine for
his attendance in the court, body or authority where his testimony is
required, as well as conferences and interviews with prosecutors or
investigating officers.

(@) To be provided with free medical treatment, hospitalization and
medicines for any injury or illness incurred or suffered by him because of
witness duty in any private or public hospital, clinic, or at any such
institution at the expense of the Program

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

(g) In case of death or permanent incapacity, his minor or dependent
children shall be entitled to free education, from primary to college level
in any state, or private school, college or university as may be
determined by the IBP, as long as they shall have qualified thereto.

Section 8. Speedy Hearing or Trial. - In any case where a Witness
admitted into the Program shall testify, the judicial or quasi-judicial body, or
investigating authority shall assure a speedy hearing or trial and shall endeavor
to finish said proceeding within three (3) months from the filing of the case.

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

(a) there is absolute necessity for his testimony;

(c) there is no other direct evidence available

(4) his testimony can be substantially corroborated on its material points;
(e) he does not appear to be most guilty; and

(f) he has not at any time been convicted of any crime involving moral
turpitude.

Section 10. Sworn Statement. - Before any person is admitted into the
Program pursuant to the next preceding Section he shall execute a swom
‘statement describing in detail the anomaly and his participation therein if any. If
after said examination of said person, his sworn statement and other relevant
facts, the IBP is satisfied that the requirements of this Act and its implementing


rules are complied with, it may admit such person into the Program and issue
the corresponding certification.

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

Section 11. Effect of Admission of a Witness into the Program. -
‘Admission into the Program shall entitle such State Witness to immunity from
criminal prosecution for the offense or offenses in which his testimony will be
given or used and all the rights and benefits provided under Section 7 hereof.

Section 12. Failure or Refusal of the Witness to Testify. - Any
Witness registered in the Program who fails or refuses to testify or to continue
to testify without just cause when 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.

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

Section 14. Perjury or Contempt. - No Witness shall be exempt from
prosecution for perjury or contempt committed while giving testimony or
producing evidence under compulsion pursuant to this Act. The penalty next
higher in degree shall be imposed in case of conviction for perjury. The
procedure prescribed under Rule 71 of the Rules of Court shall be followed in
contempt proceedings but the penalty to be imposed shall not be less than one
(1) month but not more than one (1) year imprisonment.

Section 15. Penalty for Harassment of Witness. - Any person who
harasses a Witness and thereby hinders, delays, prevents or dissuades a
Witness from:

(a) attending or testifying before any judicial or quasijudicial body or
investigating authority:


(0) reporting to a law enforcement officer or judge the commission or
possible commission of an offense, or 2 violation of conditions or
probation, parole, or release pending judicial proceedings:

(©) seeking the arrest of another person in connection with the anomal ;

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

(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) or suffer imprisonment of not less than six (6) months but
not more than one (1) year, or both, and he shall also suffer the penalty
of perpetual disqualification from holding public office in case of a public
officer.

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

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

Section 18. Funding. - The amount of Five Million Pesos
(P5,000,000.00) is hereby authorized to be appropriated out of any funds in the
National Treasury not otherwise appropriated to carry into effect the purpose of
this Act.

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

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

Section 19. Separability Clause. - The declaration of unconstitutionality

or invalidity of any provision of this Act shall not affect the other provisions
hereof.

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

Approved,