HOUSE OF REPRESENTATIVES |

RECEIVED
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REGISTRATION UNIT
BILLS AND INDEX SERVICE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

908

House Bill No.__

Introduced by Honorable Fredenil H, Castro

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 APPROPRIATING
ADDITIONAL FUNDS THEREFOR

PLANATORY NOTE

‘The three (3) branches of the government, the Executive, the Legislative, and the Judicial,
were created to complement and support each other. An equally important role of the said three (3)
branches is to serve aid act as check and balance for one another, ‘The Legislative branch -~ both
the Senate and the House of Representatives --- aside from their law making function, has further
taken an active role in checking and/or investigating the abuses and failures of government officials.
In discharging this function of investigating corrupt and erring public officials, witnesses and
whistle-blowers play an important role in bringing out the truth and ultimately, for the successful
prosecution of those corrupt and erring government officials, However, conflict arises when the
government officials being investigated are from the executive branch, which is also the branch in-
charge of witness protection.

Accordingly, it is necessary that the Senate and the House of Representative have their own
separate witness protection, security and benefit program for their own resource persons and/or
witnesses.

Hence, the approval of this bill is fervently sought.

DENIL H. CASTRO


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES,

HOUSE BILL No.__ 93038

Introduced by Honorable Fredenil H. Castro

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 the 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 BENE FIT 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
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 addressf,;

”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 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 term
mation."

"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 [N]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 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 CHANGEOF 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 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.

"c) Inno 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 to remove the
Witness from employment afier 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 this] 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 traveling 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, [on 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 INC LUDE 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 ACCREDITE D WITN ESS PROTECTION,
SEC URITY AND BE N EFIT PROG RAM TEMPORARY SH
ELTER SHALL BE CONSIDERED TO BE UNDER WITNESS
DUTY FOR THE DURATION OF STAY IN SAID TEMPORARY
SHELTER."


"f) Ifa Witness is killed because of [his] 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) 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 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] 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.

"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 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. 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 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 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 COVEREDUNDER THE — PROGRAM
WHO UNJUSTLY FAILS OR REFUSES TO COOPERATE OR
TESTIFY IN THE INVESTS GATION OR PROSECUTION OF A
CASE OR WHO GIVES FALSE OR MIS LEADING



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 PROSECUTE ON 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;

"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
[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.— All 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,