Republic of the
Philippines
Congress of the Philippines Metro Manila
Eighth Congress
Republic Act No. 6981 April 24, 1991
AN ACT PROVIDING FOR A
WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled::
Section 1. Name of Act. -
This Act shall be known as the "Witness Protection, Security and
Benefit Act".
Section 2. Implementation of Program. -
The Department of Justice, hereinafter referred to as the Department, through
its Secretary, shall formulate and implement a "Witness Protection,
Security and Benefit Program", hereinafter referred to as the Program,
pursuant to and consistent with the provisions of this Act.
The Department may call upon any department,
bureau, office or any other executive agency to assist in the implementation
of the Program and the latter offices shall be under legal duty and
obligation to render such assistance.
Section 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
which his testimony will be used is a grave felony as defined under the
Revised Penal Code, or its equivalent under special laws;lawphi1Ÿ
b) his testimony can
be substantially corroborated in its material points;
c) 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
d) he is not a law
enforcement officer, even if he would be testifying against the 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.
Section 4. Witness in Legislative
Investigations. - 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 the Speaker of the House of Representatives, as the case may
be.
Section 5. Memorandum of Agreement With the
Person to be Protected. - Before a person is
provided protection under this Act, he shall first execute a memorandum of
agreement which shall set forth his 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 the crime;lawphi1Ÿ
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;
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 address.1awphi1©
Section 6. Breach of the Memorandum of
Agreement. - Substantial breach of the memorandum of
agreement shall be a ground for the termination of the protection provided
under this Act: Provided, however, That before terminating such protection,
the Secretary of Justice shall send notice to the person involved of the
termination of the protection provided under this Act, stating therein the
reason for such termination.
Section 7. 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 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 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.
Section 8. Rights and Benefits. -
The witness shall have the following rights and benefits:ITC-ALF
(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 may be
extended to any member of the family of the Witness within the second civil
degree of consanguinity or affinity.
(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) 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 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 after 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 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.
(d) 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 testimony is required, as well as conferences and
interviews with prosecutors or investigating officers.
(e) 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 institution at the expense of the
Program.
(f) 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 other existing laws.
(g) 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 have qualified thereto.
Section 9. Speedy Hearing or Trial. -
In any case where a Witness admitted into the Program shall testify, the
judicial or quasi-judicial body, or investigating authority shall assure a
speedy hearing or trial and shall endeavor to finish said proceeding within
three (3) months from the filing of the case.
Section 10. State Witness. -
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 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 on its material points;
(e) he does not appear
to be most guilty; and
(f) he has not at any
time been convicted of any crime involving moral turpitude.
An accused discharged from an information or
criminal complaint by the court in order that he may be a State Witness
pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may
upon his petition be admitted to the Program if he complies with the other
requirements of this Act. Nothing in this Act shall prevent the discharge of an
accused, so that he can be used as a State Witness under Rule 119 of the
Revised Rules of Court.
Section 11. Sworn Statement. -
Before any person is admitted into the Program pursuant to the next preceding
Section he shall execute a sworn statement describing in detail the manner in
which the offense was committed and his participation therein. If after said
examination of said person, his sworn statement and other relevant facts, the
Department is satisfied that the requirements of this Act and its
implementing rules are complied with, it may admit such person into the
Program and issue the corresponding certification.
If his application for admission is denied, said
sworn statement and any other testimony given in support of said application
shall not be admissible in evidence, except for impeachment purposes.
Section 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 discharge in order that he can 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 entitle such
State Witness to immunity from criminal prosecution for the offense or
offenses in which his testimony will be given or used and all the rights and
benefits provided under Section 8 hereof.
Section 13. Failure or Refusal of the Witness
to 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.
Section 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 has been admitted into the Program on the ground of the
constitutional right against self-incrimination but he shall enjoy immunity
from criminal prosecution and cannot be subjected to any penalty or
forfeiture for any transaction, matter or thing concerning his compelled
testimony or books, documents, records and 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.
Section 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.
Section 16. Credibility of Witness. -
In all criminal cases, the fact of the entitlement of the Witness to the
protection and benefits provided for in this Act shall not be admissible in
evidence to diminish or affect his credibility.
Section 17. Penalty for Harassment of Witness. -
Any person who harasses a Witness and thereby hinders, delays, prevents or
dissuades a 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) or suffer
imprisonment of not less than six (6) months but not more than one (1) year,
or both, and he shall also suffer the penalty of perpetual disqualification from
holding public office in case of a public officer.
Section 18. Rules and Regulations. -
The Department shall promulgate such rules and regulations as may be
necessary to implement the intent and purposes of this Act. Said rules and
regulations shall be published in two (2) newspapers of general circulation.
Section 19. Repealing Clause. -
All laws, decrees, executive issuances, rules and regulations inconsistent
with this Act are hereby repealed or modified accordingly.
Section 20. Funding. -
The amount of Ten million pesos (P10,000,000.00) is hereby authorized to be
appropriated out of any funds in the National Treasury not otherwise
appropriated to carry into effect the purpose of this Act.
Expenses incurred in the implementation of the
Program may be recovered as part of the cost or indemnity imposed upon the
accused.
Furthermore, other funding schemes or sources,
subject to the limitations of the law, shall be allowed in furtherance
hereof.
Section 21. Separability Clause. -
The declaration of unconstitutionality or invalidity of any provision of this
Act shall not affect the other provisions hereof.
Section 22. Effectivity. -
This Act shall take effect after fifteen (15) days following its publication
in two (2) newspapers of general circulation.
Approved: April 24, 1991lawphi1™
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Showing posts with label Witness Protection Program. Show all posts
Showing posts with label Witness Protection Program. Show all posts
Saturday, February 22, 2014
Full Text of Republic Act No. 6981 AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES
As referenced in "The Witness Protection, Security and Benefit Act, or RA 6981."
The Witness Protection, Security and Benefit Act, or RA 6981
I have been experimenting on how to present a digest of a
law so that it is easier to understand and retain. I have tried in the past—and
thought it was relatively effective—tabular presentations featuring its (law) key
players, and their corresponding rights or benefits, and obligations. I have
done it in too few instances to determine its effectiveness or expediency
than the usual essay, and question and answer types. So let’s try it once
again.
To stay attuned with current events, let us pick a law of
relevance and interest these days. Since the pork barrel scam broke out, and has roiled Congress--especially now in the advent of more and more witnesses against
the accused coming out in the open--the term “witness” has littered almost
every forum: TV, the broadsheets, and the streets. It makes sense then to talk about “witness.”
There are two general kinds of a “witness.” On the one hand,
there is the ordinary witness, which figures in Rule 130 of the Rules of Court
where it is extensively discussed, and also in the Ombudsman Law or RA 6770
(click the link for the entire text of the law). On the other hand, there is the
State witness, which stars in Rule 119 of the same Rules of Court. Let’s keep our
discussion, though, in the context of the Witness Protection Law or RepublicAct No. 6981 and its Implementing Rules and Regulation (IRR) (click the links for their entire texts), where both species
are the subject.
Using the above format, the key players, I would guess, are
the State, and the Witness. Let us go ahead and list under each of them its rights
and obligations.
Take note of bolded phrases/words for emphasis. For instance, significantly, an ordinary witness differs from a state witness in that the former has to be someone who has witnessed or has knowledge or information (of the commission of a crime), while the latter needs to possess more in that he has to have participated in the commission of a crime.
Take note of bolded phrases/words for emphasis. For instance, significantly, an ordinary witness differs from a state witness in that the former has to be someone who has witnessed or has knowledge or information (of the commission of a crime), while the latter needs to possess more in that he has to have participated in the commission of a crime.
STATE (DOJ)
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WITNESS
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ORDINARY WITNESS
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STATE WITNESS
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Duty, Power, Rights, & Obligations
Section 2. Implementation of Program. - The Department of
Justice, hereinafter referred to as the Department, through its Secretary,
shall formulate and implement a
"Witness Protection, Security and Benefit Program", hereinafter
referred to as the Program, pursuant to and consistent with the provisions of
this Act.
Section 18. Rules and Regulations. - The Department
shall promulgate such rules and
regulations as may be necessary to implement the intent and purposes of
this Act. Said rules and regulations shall be published in two (2) newspapers
of general circulation.
Section 3, last paragraph. xxx thereafter issue the proper
certification
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Who
may be admitted:
Section
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 which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its
equivalent under special laws;
b) his testimony can be substantially
corroborated in its material points;
c) 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
d) he is not a law enforcement officer,
even if he would be testifying against the 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.
Section
4. Witness in Legislative
Investigations. - 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 the Speaker of the House of Representatives,
as the case may be.
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Section 10. State Witness. - 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 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 on its material points;
(e) he
does not appear to be most guilty;
and
(f) he has not at any time been convicted of any
crime involving moral turpitude.
An
accused discharged from an information or criminal complaint by the court in
order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the
Program if he complies with the other requirements of this Act. Nothing
in this Act shall prevent the discharge of an accused, so that he can be used
as a State Witness under Rule 119 of the Revised Rules of Court.
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Obligations:
Section 3, last paragraph. xxx 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.
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Section 11. Sworn
Statement.
- Before any person is admitted into the Program pursuant to the next
preceding Section he shall execute a
sworn statement describing in detail the manner in which the offense was
committed and his participation therein. If after said examination of
said person, his sworn statement and other relevant facts, the Department is
satisfied that the requirements of this Act and its implementing rules are
complied with, it may admit such person into the Program and issue the
corresponding certification.
If his application for admission is denied, said sworn
statement and any other testimony given in support of said application shall
not be admissible in evidence, except for impeachment purposes.
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Obligations continued… COMMON PROVISIONS
Section 5. Memorandum
of Agreement With the Person to be Protected. - Before a person is
provided protection under this Act, he
shall first execute a memorandum of agreement which shall set forth his
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 the 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;
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 address.
Section 6. Breach of the Memorandum of
Agreement.
- Substantial breach of the memorandum of agreement shall be a ground for the
termination of the protection provided under this Act: Provided, however,
That before terminating such protection, the Secretary of Justice shall send
notice to the person involved of the termination of the protection provided
under this Act, stating therein the reason for such termination.
Section 13. Failure or Refusal of the Witness
to 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.
Section 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 has
been admitted into the Program on the ground of the constitutional right
against self-incrimination but he shall enjoy immunity from criminal prosecution
and cannot be subjected to any penalty or forfeiture for any transaction,
matter or thing concerning his compelled testimony or books, documents,
records and 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.
Section 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.
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Rights/Benefits
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Section
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 discharge in order that he
can 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 entitle such State Witness to immunity from criminal
prosecution for the offense or offenses in which his testimony will be given
or used and all the rights and benefits provided under Section 8 hereof.
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Rights/Benefits continued…
COMMON PROVISIONS
Section 7. 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 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 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.
Section 8. Rights and Benefits. - The witness shall
have 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 may be extended to any member of the family of the Witness within
the second civil degree of consanguinity or affinity.
(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) 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
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 after 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
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.
(d) 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 testimony is required, as well as
conferences and interviews with prosecutors or investigating officers.
(e) 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 institution at the
expense of the Program.
(f) 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 other existing laws.
(g) 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 have qualified thereto.
Section 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 discharge in order that he can 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 entitle such State Witness to immunity from criminal
prosecution for the offense or offenses in which his testimony will be given
or used and all the rights and benefits provided under Section 8 hereof.
Section 16. Credibility of Witness. - In all criminal
cases, the fact of the entitlement of the Witness to the protection and
benefits provided for in this Act shall not be admissible in evidence to
diminish or affect his credibility.
Section 17. Penalty for Harassment of Witness. - Any person who
harasses a Witness and thereby hinders, delays, prevents or dissuades a
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) or
suffer imprisonment of not less than six (6) months but not more than one (1)
year, or both, and he shall also suffer the penalty of perpetual
disqualification from holding public office in case of a public officer.
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