NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE 
s. B. NO. 929
of tlji' ^rrrrtarf
*22 JUL 28 P5 ^5
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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, criminal, or legislative case. 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.
Among others, this bill proposes to amend certain sections of Republic 
Act No. 6981, by extending the protection for potential witnesses even during 
the initial stages of investigation prior to the filing of a case in court. This aims 
to encourage potential witnesses and provide assistance to law enforcement 
agencies in securing crucial testimonies and strengthen the cases filed in court.


This bill also alms to provide more benefits to witnesses and their family 
members, such as increasing the educational benefits given to the children of 
the witness. Furthermore, in case of temporary work disruption or termination 
of employment due to the performance of witness duties, a witness shall be 
entitled to allowances as reparation for the loss of source of income. This 
benefit aims to encourage witnesses to speak out the truth in vital investigations 
and in the pursuit of justice without fear of being unable to provide for his or her 
family.
Additionally, this bill increases the penalties against witnesses who 
unjustly fail to cooperate in testifying in investigations, by compelling them to 
reimburse all expenses spent on his/her 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.
Lastly, stiffer penalties are provided in cases of harassment of, or 
attempts to hinder, delay, prevent, or dissuade, the witness from complying with 
his or her duties under the Program.
By providing further benefits and strengthening the protections given to 
witnesses, the rule of law will be protected.
Thus, in view of the immediate passage of this bill is earnestly sought.
SENATOR JOTL VILLANUEVA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
ftiensce
Sttiif of i&ftrftary
,:s JUL28 P5X)5
SENATE 
S. B. NO. 929
ItECEIVE&ff.
Introduced by SENATOR JOEL VILLANUEVA
A'^ 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. Short Title. - This Act shall be known as the uEnhanced 
Witness Protection Act"
SEC. 2. Sections 3, 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;


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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 
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). [In 
such a case, only the immediate members of his family may avail 
themselves of the protection provided for under this Act.]
IF, UPON THE DETERMINATION OF LAW ENFORCERS, 
THERE IS A NECESSITY TO PROVIDE PROTECTION TO A 
POTENTIAL WITNESS DURING THE INITIAL STAGES OF 
INVESTIGATION, THE LAW ENFORCEMENT AGENCY MAY 
RECOMMEND TO THE DEPARTMENT THE TEMPORARY 
ADMISSION OF SUCH POTENTIAL WITNESS.
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;


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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
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 a 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, INCLUDING, BUT NOT LIMITED 
TO, THE WITNESS IDENTIFY, SUBJECT MATTER OF 
DISCLOSURE, AND PERSON TO WHOM SUCH DISCLOSURE 
IS MADE. 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] 
THIS PROVISION 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


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RIGHTS 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 SET FORTH IN THE 
IMPLEMENTING RULES AND REGULATIONS OF THIS ACT.
b) TO HAVE A CHANGE OF PERSONAL IDENTITY, WHICH 
MAY INCLUDE A CHANGE IN PHYSIOLOGICAL 
APPEARANCE OR CHANGE OF NAME. THE DEPARTMENT, 
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 PROCEEDING, 
WITH PROPER COORDINATION WITH CONCERNED 
GOVERNMENT AGENCIES. PURSUANT TO SUCH ORDER, 
THE DEPARTMENT 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.
c) 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/HER support and that of 
his/HER family in such amount and for such duration as the 
Department shall determine.
d) 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


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remove the Witness from employment after securing clearance 
from the Department, upon the recommendation of the 
Department of Labor and Employment (DOLE).
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. IF THE EMPLOYER 
REMOVES THE WITNESS FROM EMPLOYMENT UPON 
SECURING A CLEARANCE FROM THE DEPARTMENT DUE 
TO PROLONGED TRANSFER OR PERMANENT 
RELOCATION, THE DEPARTMENT SHALL GIVE AN 
ADDITIONAL ALLOWANCE EQUIVALENT TO ONE (1) MONTH 
PAY OR ONE (1) MONTH FOR EVERY YEAR OF SERVICE, 
WHICHEVER IS HIGHER. 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.
e) 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.
f) 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 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.
g) 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


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read
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.
h) [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.”
i) IN CASE THE WITNESS IS A SENIOR CITIZEN OR A 
PERSON WITH DISABILITY, THE DEPARTMENT, IN 
COORDINATION WITH THE NATIONAL COMMISSION OF 
SENIOR CITIZENS AND OTHER RELEVANT AGENCIES, 
SHALL PROVIDE SPECIAL ACCOMMODATIONS THAT 
ADDRESS THEIR NEEDS, AS APPROPRIATE, INCLUDING,
BUT NOT LIMITED TO, MEDICAL CARE AND ASSISTANCE 
AND PALLIATIVE CARE.
THE DEPARTMENT SHALL ASSESS AND EVALUATE, ON AN 
ANNUAL BASIS, THE PROGRAM, AND SHALL DEVELOP AND 
ESTABLISH PROCESSES AND PROCEDURES FOR 
WITNESS PROTECTION AND SECURITY IN ACCORDANCE 
WITH INTERNATIONALLY RECOGNIZED BEST PRACTICES.
SEC. 3. Sections 10 and 12 of the same Act are hereby amended to 
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;


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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.
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 oe 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. 4. 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. 5. Sections 13 of the same Act is hereby deleted in its entirety and


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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) YEARS BUT NOT EXCEEDING SIX (6) YEARS. THE 
WITNESS SHALL ALSO BE REQUIRED TO RESTITUTE ALL 
THE EXPENSES INCURRED RELATIVE TO HIS/HER AND 
HIS/HER FAMILY’S COVERAGE UNDER THE PROGRAM, 
WITHOUT PREJUDICE TO PROSECUTION FOR CONTEMPT 
AND OTHER CRIMES UNDER EXISTING LAWS.”
follows:
SEC. 6. Section 17 of the same Act is hereby amended to read as
“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 p'ossible 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. 7. A new Section 17-A is hereby inserted to read as follows:


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“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. 8. Appropriations. - The amount necessary to carry out the 
provisions of this Act shall be included in the annual General Appropriations 
Act.
SEC. 9. Implementing Rules and Regulations.-W\[hm sixty (60) days 
from the effectivity of this Act, the Department of Justice, in consultation with 
appropriate government agencies and other relevant stakeholders, shall 
promulgate the necessary rules and regulations to effectively implement the 
provisions of this Act.
SEC. 10. 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. 11. 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. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in at least two (2) newspapers of 
general circulation.
Approved,