Implementing Rules and
Regulations of the Witness Protection, Security and Benefit Act (R.A. NO. 6981)
Pursuant to Section 18 of Republic Act No. 6981,
the following rules and regulations are hereby promulgated to implement the
provision of said Act:
TITLE I
Definition of Terms
SECTION 1. Definition of
Terms. — As used in these rules and
regulations, unless specifically provided otherwise, the following terms shall be
understood to mean:
a) “ACT” shall refer to R.A.
No. 6981, otherwise known as the “Witness Protection, Security and Benefit
Act.”
b) “DEPARTMENT” shall refer to
the Department of Justice.
c) “SECRETARY” shall refer to
the Secretary of Justice.
d) “PROGRAM” shall refer to
the “Witness Protection, Security and Benefit Program” which the Department
shall formulate and implement pursuant to the provisions of Section 2 of the
Act.
e) “WITNESS” shall refer to
any person who has witnessed or has knowledge of or information on the
commission of a grave felony or its equivalent under special laws and has
testified or is testifying before any judicial, quasi-judicial or legislative
body or any investigating authority and admitted into the Program.
f) “STATE WITNESS” shall refer
to:
1) Any person who has
participated in the commission of a crime and desires to be a Witness for the
state, whenever the following circumstances are present:
a) the offense in which his
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 testimony;
c) there is no other direct
evidence available for the proper prosecution of the offense committed;
d) his testimony can be
substantially corroborated in its material points;
e) he does not appear to be
the most guilty; and,
f) he has not at any time been
convicted of any crime involving moral turpitude.
2) Any person who has been
accused of a crime but has been discharged from an information or criminal
complaint pursuant to the provisions of Sections 9 & 10, Rule 119 of the
1985 Rules on Criminal Procedure, as amended.
g) “MEMORANDUM OF AGREEMENT”
shall refer to the document executed by any person seeking protection under the
Act, setting forth his responsibilities, including:
1) 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;
2) to avoid the commission of
a crime;
3) to take all necessary
precautions to avoid detection by others of the facts concerning the protection
provided him under the Act;
4) to comply with legal
obligations and civil judgments against him;
5) to cooperate with respect
to all reasonable requests of officers and employees of the Government who are
providing protection under the Act; and
6) to regularly inform the
appropriate Program official of his current activities and address.
h) “SWORN STATEMENT” shall
refer to the statement executed by any person seeking admission into the
Program detailing his knowledge of or information on the commission of the
crime or that executed by a State Witness describing in detail the manner in
which the offense was committed and his participation therein.
TITLE II
The Committee
SECTION 1. A. Composition of the Committee: To
assist the Department in the implementation of the provisions of the Act, there
shall be created a Committee the members of whom shall be designated by the
Secretary, composed of the following:
Undersecretary for the
National
Prosecution Service (NPS) –
Chairman and Executive Officer
Chief State Prosecutor –
Vice-Chairman
Three (3) Assistant Chief
State Prosecutors – Members
B. Functions: The Committee
shall have the following functions:
a) Recommend necessary
measures for the formulation, administration, control, supervision and
effective implementation of the Program;
b) Examine applicants, sworn
statements relevant facts, determine compliance with the requirements of the
Act and these implementing rules and regulations and recommend to the Secretary
admission to the Program;
c) Recommend to the Secretary
the termination of the enjoyment of the rights and benefits accorded the
Witness in case of a substantial breach of the Memorandum of Agreement;
d) Coordinate the functions
and activities of the other government agencies involved in the implementation
of the Program; and
e) Perform such other
functions and duties as maybe provided by law or as the Secretary may from time
to time deem necessary to effectively implement policies and to carry out the
objectives of the Program.
TITLE III
Persons Entitled to the
Program
SECTION 1. Who May Avail of
the Program. —
a) Any person who has
witnessed or has knowledge of 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:
1) the offense in which his
testimony will be used is a grave felony as defined under the Revised Penal
Code or its equivalent under special laws;
2) his testimony can be
substantially corroborated in its material points;
3) he or any member of his
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 will
be killed, forced, intimidated, harassed or corrupted to prevent him from
testifying, or to testify falsely or evasively, because or on account of his
testimony; and
4) he is not a law enforcement
officer, even if he would be testifying 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 the Act.
b) In case of legislative
investigations in aid of legislation, a Witness, with his express consent, upon
the recommendation of the legislative committee where his testimony is needed
when in its judgment there is pressing necessity therefor: 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;
c) Any person who has
participated in the commission of a crime and desires to be a witness for the
State, whenever the following circumstances are present:
1) the offense in which
testimony will be used is a grave felony as defined under the Revised Penal
Code or its equivalent under special laws;
2) there is absolute necessity
for his testimony;
3) there is no other direct
evidence available for the proper prosecution of the offense committed;
4) his testimony can be
substantially corroborated in its material points;
5) he does not appear to be
the most guilty; and
6) he has not at any time been
convicted of any crime involving moral turpitude.
d) An accused discharged from
an information or criminal complaint by the Court in order that he may be a
State Witness pursuant to the provisions of Sections 9 & 10 of Rule 119 of
the 1985 Rules on Criminal Procedure, as amended, and who is qualified under
the Act.
TITLE IV
Evaluation, Examination and
Admission into the Program
SECTION 1. Application. — Any person desiring admission into the
Program shall fill up and file an application form provided for the purpose by
the Department.
SECTION 2. Evaluation and
Examination. —
a) After receipt of the
application, the same shall be docketed and thereafter transmitted to the
Chairman of the Committee for assignment.
b) The member to whom the
application has been assigned for evaluation shall examine the applicant and
other relevant facts to determine compliance with the Act and these
implementing rules and regulations.
c) If after examination of the
applicant and other relevant facts and verification of the authenticity of the
evidence/documents submitted, the member is convinced that the requirements of
the Act and these rules and regulations have been complied with, he shall
submit his recommendation to the Committee.
d) The Committee shall
thereafter recommend to the Secretary the applicant’s admission into the
Program.
e) Before his admission into
the Program, the Witness shall execute a sworn statement describing in detail
his knowledge or information, on the commission of the crime, after which a
certification that the witness has been admitted into the Program shall be
issued.
f) After the issuance of the
certificate of admission into the Program and before the witness shall be
provided protection under the Act, the witness shall execute a Memorandum of
Agreement which shall set forth his responsibilities including:
1) 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;
2) to avoid the commission of
a crime;
3) to take all necessary
precautions to avoid detection by others of the facts concerning the protection
provided him under the Act;
4) to comply with legal
obligations and civil judgments against him;
5) to cooperate with respect
to all reasonable requests of officers and employees of the Government who are
providing protection under the Act; and
6) to regularly inform the
appropriate program official of his current activities and address.
g) In case of legislative
investigations in aid of legislation, a Witness, with his express consent, may
be admitted into the Program upon the recommendation of the legislative
committee where his testimony is needed when in its judgment there is pressing necessity
therefor; Provided, That such recommendation is approved by the President of
the Senate or of the Speaker of the House of Representatives, as the case may
be.
SECTION 3. 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 Secretary of
Justice or the proper court.
TITLE V
Rights and Benefits of Persons
Admitted Into the Program
SECTION 1. The Witness at his option shall have all or any
of 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.
b) 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.
c) The Department shall,
whenever practicable, assist the Witness in obtaining means of livelihood. The
Witness relocated pursuant to this Act shall be entitled to 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.
d) 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 investigation 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 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 Department upon the recommendation of the
Department of Labor and Employment.
e) 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.
f) 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.
g) 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 institutions at the expense of the Program.
h) 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
existing laws.
i) 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 Department, as long as they
shall qualified thereto.
TITLE VI
Violation and Penalties
SECTION 1. a) Any person who violates the confidentiality
of the proceedings involving admission of a witness into the Program and the
action taken thereon 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 the period of five (5)
years.
b) Any Witness admitted into
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 falls 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 the Act shall be deemed
terminated.
c) No Witness shall be exempt
from prosecution for perjury or contempt committed while giving testimony or
producing evidence under compulsion pursuant to the 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 imposed shall not be less than one (1)
month but not more than one (1) year imprisonment.
d) Any person who harasses a
Witness and thereby hinders, delays prevents or dissuades a Witness from:
1) attending or testifying
before any judicial or quasi-judicial body or investigating authority;
2) reporting to a law
enforcement officer or judge the commission or possible commission of an
offense, or a violation of conditions or probation, parole, release pending
judicial proceedings;
3) seeking the arrest of
another person in connection with the offense;
4) causing a criminal
prosecution, or a proceeding for the revocation of a parole of probation; or
5) 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. He shall, also
suffer perpetual disqualification from holding public office in case of a
public officer.
TITLE VII
Effectivity
These rules and regulations
shall become effective after fifteen (15) days following their publication in
two (2) newspapers of general circulation.
Adopted: August 12, 1991
No comments:
Post a Comment