The legislative inquiry in aid of legislation pertaining to the anomalous flood control project continues. Several resource persons had already named various senators, congressmen, former and present official of DPWH and other public officials that were allegedly involved and have received their fair share of SOP or percentage from the budget supposedly intended from flood control projects.
With this revelations, the people were enraged as to the gravity of the corruption that unfolded particularly with regard to the staggering humungous amount that were ransacked from the nation’s wealth. These led to the historic trillion peso march which calls for the prosecution of the alleged perpetrators and for the return of the money that was amassed from the taxpayers.
In relation thereto, in order to get the picture of this perversion, there were move to admit some of the resource persons or “whistle blowers” to Witness Protection, Security and Benefit Program as State Witness and others had already been admitted as protected witnesses. To have a deeper understanding of the aforesaid program and the concept of a State Witness and Protected Witness, it shall be the topic of our discussion in this week’s edition.
Witness Protection, Security and Benefit Program is governed by Republic Act No. 6981, otherwise known as “Witness Protection, Security and Benefit Act”. At the outset, the said law provides for three (3) types of witnesses that may be admitted to the said Program.
The first one is provided under Section 3 thereof which states that 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.
The second one is referred to as Witnesses in Legislative Investigations as enshrined in Section 4 thereof, to wit: 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.
The third one are the so-called State Witnesses. 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.
All the abovementioned witnesses enjoy the rights and benefits under Section 8 of the law which includes: (1) 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 and 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. (2) 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.
In addition to that, State Witnesses who qualify under Section 3 and 10 shall be discharged and excluded from the information or complaint of the criminal case to which he or she shall be testifying. They are deemed immune from criminal prosecution for the said crime. Worthy to emphasize, that the requirement of “not being the most guilty” is only applicable to State Witnesses under Section of R.A. 6981.