SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
Second Regular Session 
SENATp 
S. No. 
~433 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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AMENDING REPUBLIC ACT NO. 6981, OTHERWISE KNOWN AS THE WITNESS 
PROTECTION, SECURITY AND BENEFIT ACT 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 5 provides: 
Section 5. The maintenance of peace and order, the protection of life, 
liberty, and property, and promotion of the general welfare are essential for the 
enjoyment by all the people of the blessings of democracy. 
The Constitution, Article 2, Section 27 provides: 
Section 27. The State shall maintain honesty and integrity in the public 
service and take positive and effective measures against graft and corruption. 
Professor Philip Alston, United Nations' Special Rapporteur on extra-judicial, summary 
or arbitrary executions, recommended reforms to the Witness Protection Program (WPP) of the 
Philippines during the Human Rights Council held in April 2008. He claims that Republic Act 
No. 6981, also known as the Witness Protection, Security and Benefit Act, is deeply flawed. l 
Alston reported that the WPP is built on political control. Thus, a problem arises in 
highly political cases involving high-ranking government officials. According to Alston, the 
Department of Justice (DOJ), in such cases, lacks the independence and credibility to effectively 
protect witnesses testifying against government officials or members of the security forces 
accused of perpetrating crimes. For example, in order to avoid being under the control of the 
DOJ, the Commission on Human Rights (CHR), had to develop their own witness protection 
program, notably for cases involving human rights violations by State-agents. 
Alston also noted the uneven application of the law. Currently, the law does not provide 
protection to policemen and the military, even if they were to testify against their superiors. As a 
result, these officers decide not to step forward and speak out against anomalies involving their 
superiors. Alston added that officers who do speak out against their superiors' anomalies either 
testify without protection or pay the National Bureau of Investigation a certain fee to extend 
protection and security to themselves and their families. 
Aside from these, it is also lamentable that families of witnesses under the WPP will 
receive, as a minimum, only III 0,000, if their family member under the protection of the WPP is 
killed during his participation in the program. 
I Reforms required to protect witnesses in the Philippines. <http://www.humanrights.asialresources/journals-
magazines/article2/1 00 l/appendix -reforms-required-to-protect -witnesses-in-the-philippines>. Last accessed 11 
October 2014. 


" 
transferring the primary responsibility of the witnesses' protection and security to the 
Commission on Human Rights, an independent body created under the Constitution. This bill 
also seeks to admit into the program law enforcement officers, who are testifying against their 
superiors. In addition, this bill aims to increase the financial assistance for heirs of murdered 
witnesses who were under the WPP. 
2 


" 
3l'nlltt' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
i~titrt, llf tq2 ::;tl"Ubf~ 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
OCT 15 P3 :14 
SENi}JE 
S. No. 
~~33 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of the Representative of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
AMENDING REPUBLIC ACT NO. 6981, OTHERWISE KNOWN AS THE WITNESS 
3 
PROTECTION, SECURITY AND BENEFIT ACT 
4 
SECTION I. Sections 2, 3, and 8 of Republic Act No. 6981, otherwise known as the 
5 
Witness Protection, Security and Benefit Act are hereby amended to read as follows: 
6 
"Sec. 2. Implementation of Program. - The Department of Justice, 
7 
hereinafter referred to as the Department, through its Secretary, shall formulate 
8 
and implement a "Witness Protection, Security and Benefit Program", hereinafter 
9 
referred to as the Program, pursuant to and consistent with the provisions of this 
10 
Act. 
11 
The Department may call upon any department, bureau, office or any 
12 
other executive agency to assist in the implementation of the Program and the 
13 
latter offices shall be under legal duty and obligation to render such assistance. 
14 
HOWEVER, 
IN 
CASES 
WHERE THE 
WITNESS 
WILL 
BE 
15 
TESTIFYING AGAINST HIGH-RANKING GOVERNMENT OFFICIALS OR 
16 
MEMBERS OF SECURITY FORCES ACCUSED OF PERPETRATING 
17 
CRIMES, AND WHERE THE WITNESS FALLS UNDER SECTION 3 (D) OF 
18 
THIS RULE, THE DEPARTMENT SHALL CREATE AN INDEPENDENT 
19 
AND SPECIAL SECURITY FORCE TO ENSURE THE SAFETY OF SUCH 
20 
WITNESSES. 
21 
HIGH-RANKING GOVERNMENT OFFICIALS ARE THOSE WHO 
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ENJOY A SALARY GRADE OF 27 AND ABOVE. 
23 
Sec. 3. Admission in the Program. - Any person who has witnessed or has 
24 
knowledge or information on the commission of a crime and has testified or is 
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testifying or about to testify before any judicial or quasi-judicial body, or before 
26 
any investigating authority, may be admitted into the Program: 
27 
28 
(d) he is not a law enforcement officer, [even if he would be testifying] 
29 
UNLESS THE TESTIMONY TO BE GIVEN WILL BE against other law 
30 
enforcement officers. In such a case, [only] the immediate members of his family 
31 
may ALSO avail themselves ofthe protection provided for under this Act. 
32 
Sec. 8. Rights and Benefits. - The witness shall have the following rights 
33 
and benefits: 
1 


1 
2 
(f) If a Witness is killed, because of his participation in the Program, his 
3 
heirs shall be entitled to a burial benefit and FINANCIAL ASSISTANCE of not 
4 
less than SEVENTY FIVE THOUSAND PESOS (P75,000.OO) from the Progranl 
5 
exclusive of any other similar benefits he may be entitled to under other existing 
6 
laws. 
7 
(G) IF A WITNESS IS KILLED, BECAUSE OF HIS PARTICIPATION 
8 
IN THE PROGRAM, HIS DEPENDENT CHILDREN, UP TO THE FOURTH 
9 
CHILD, SHALL BE ENTITLED TO EDUCATIONAL ASSISTANCE OF UP 
10 
TO A MAXIMUM OF FIFTY THOUSAND PESOS (P50,000.00) PER 
11 
SEMESTER, UNTIL THE DEPENDENT FINISHES FROM TERTIARY 
12 
EDUCATION. 
13 
THE DEPARTMENT SHALL REVIEW THE AMOUNTS EVERY FIVE 
14 
YEARS, AND SHALL SUBMIT A REPORT TO CONGRESS AT THE END 
15 
OF THE FIFTH YEAR, ON WHETHER ADJUSTMENTS SHOULD BE MADE 
16 
TO SUCH FINANCIAL AIDS." 
17 
SECTION 2. Repealing Clause. - All laws,. decrees, orders, proclamation, rules and 
18 
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, 
19 
amended, or modified accordingly. 
20 
SECTION 3. EffectiVity Clause. - This Act shall take effect fifteen days (15) days after its 
21 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Imamtl40ctober20 14 
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