ENTATIVES

RECE
SEVENTEENTH CONGRESS OF THE REPUBLIC) E EIVED
OF THE PHILIPPINES ) oste:_| 2 JUL 2018
First Regular Session ) wise: COD,

py.

HOUSE OF REPRESENTATIV
H.No. 1460

RESIST TON UNIT
BILLS AND INDEX SERVICE

Introduced by Representative Herminio Harry L’

EXPLANATORY NOTE

es is an essential part of the fight against crime.

‘The protection of victims and witness
The increased risk of witnesses and victims being subjected to intimidation results in the

failure of the criminal justice system to bring offenders to trial and obtain judgments because

witnesses are effectively discouraged from testifying freely and truthfully.

The protection of victims and witnesses giving evidence in criminal cases, is

crucial inorder to achieve successful results in the fight against crime.

It is of utmost importance for the state to protect witnesses against such interference
by providing them with specific measures of protection that effectively ensure their safety
Hence, a law protecting the confidentiality of victims’ and witnesses’ addresses and
telephone numbers during a trial or hearing related to a criminal prosecution is necessary in

fostering the safety of witnesses and victims.'

pie

HERMINIO HARRY L. ROQUE JR.

filed by Senator Miriam Defensor-Santiago in the Fourteenth Congress, Second

' This bill was origina
Regular Session


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

HOUSE OF REPRESENTATIVES

H.No. 4A60_

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT
PROTECTING THE CONFIDENTIALITY OF VICTIMS" AND WITNESSES'’ADDRESSES
AND TELEPHONE NUMBERS DURING TRIALS OR HEARINGS RELATED TO
CRIMINAL PROSECUTIONS

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled.

SECTION I. Short Title, ~ This Act shall be known as the “The Witness Confidentiality

Act”.

SECTION. 2. Confidentiality of Information in Open Court. — During a trial or hearing
related to a criminal prosecution, the court shall require that the residence addresses and
telephone numbers and the place of businesses, addresses, and telephone numbers of any vietim
or witness to the crime shall not be disclosed in open court, and that such victim or witness shall
not be required to provide such information in response to defense or prosecution questioning,
unless the court determines that there is a clear need for such disclosure because the information
is necessary and relevant to the facts of the case or to the credibility of the witness.

‘The burden to establish the need and relevance for disclosure shall be on the defense or

the party seeking disclosure.

SECTION 3. Separability Clause. ~ If any provision or part thereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting.


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SECTION 4. Repealing Clause. ~ Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent

with the provisions of this Act is hereby repealed, modified or amended accordingly.

SECTION 5. Effectivity Clause. — This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circul

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