In our last edition, we tackled some of the salient provisions of Republic Act No. 6981, otherwise, known as “Witness Protection, Security and Benefit Act”. We discussed the distinction between the types of witnesses that may be admitted to the said Program – (1) The Protected Witnesses and; (2) The State Witnesses.
In this week’s column, we will discuss the benefits, the processes and the conditions that are needed to be complied by a person or a witness admitted as a protected witness or state witness, as the case may be, under the Witness Protection Program.
To recapitulate, under Section 3, thereof, any person who has witnessed or has knowledge or information on the commission of a crime amounting to a grave felony 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 if he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats or there is a likelihood that he will be killed, forced or corrupted to prevent him from testifying, or to testify falsely. Section 4 of the said law, on the other hand, provides that a witness in a legislative investigations in aid of legislation, with his express consent, may be admitted into the Program upon the recommendation of the appropriate legislative committee subject to the approval by the President of the Senate or the Speaker of the House of Representatives, as the case may be.
Section 5 of RA 6981, states that 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.
Once admitted, a protected witness is entitled to protection and security to ensure his safety and that of his family members and such other benefits provided under Section 8, under said law, such as travelling expenses, subsistence allowance, free medical treatment, hospitalization and medicines.
State Witness, on the other hand, is a person who does not only has knowledge or information on the commission of a crime amounting to a grave felony, he actually participated in its execution and commission.
Section 11 of RA 6981 provides that before any person is admitted into the Program as a State Witness, he or she shall execute a sworn statement describing in detail the manner in which the offense was committed and his or her 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.
Section 17, Rule 119 of the Rules on Criminal Procedure states that upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that the proposed state witness possesses all the qualifications provided therein.
A person admitted as a State Witness under the Witness Protection Program 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.
However, in addition to the rights and benefit enumerated under Section 8 of RA 6981, a State Witness 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. If a criminal complaint is already filed against him, the Court shall order the discharge and exclusion of the said accused from the Information.