RA 6981.ppt

AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR

OTHER PURPOSES

It is a Program implemented by the Department of Justice. In implementing the provisions of this law, the DOJ may call upon any department, bureau, office or any other executive agency for assistance, and the latter shall be under legal duty and obligation to render such assistance

I. A person who has witnessed or has knowledge or information on the commission of a crime and has testified, is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority. (witness)

1. testimony relates to the commission of a grave felony and can be corroborated in all its material points2. witness or any member of his family is being threatened, or that he will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying or for him to testify falsely or evasively3. He is not a law enforcement officer

II. Any person who has participated in the commission of a crime and desires to be a State witness and is qualified. (co-conspirator)

1. testimony relates to the commission of a grave felony2. testimony is absolutely necessary and can be corroborated in all its material points3. No other direct evidence for the prosecution 4. He is not the most guilty5. He has not been convicted of any crime involving moral turpitude

In case of a witness, the DOJ will examine the applicant if the requirements have been complied with, and if convinced, it will admit and require the witness to execute a sworn statement detailing his knowledge or information on the crime committed. Thereafter, the DOJ will issue a certification that such person is admitted.

In case of a co-conspirator who turns into a state witness, the DOJ will examine the applicant if the requirements have been complied with, and if convinced, it will admit and require the witness to execute a sworn statement detailing the manner in which the the offense was committed and his participation therein. Thereafter, the DOJ will issue a certification that such person is admitted.

Prosecutor will not include him in the complaint or information, or if already included, to petition the Court for his discharge.

He will be immune from criminal prosecution for the offense in which his testimony will be given or used.

Termination of the enjoyment of all rights and benefits

Removal of his immunity from criminal prosecution

He will be prosecuted for contempt or perjury

However, he may purge himself of the contumacious act by testifying at any appropriate stage of the proceedings

In cases of legislative investigation 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. Such recommendation should be approved by the Senate president or Speaker of the House of Representatives

Execute a MOA that;

1. he will 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. he will not commit a crime3. he will take all necessary precautions to

avoid detection by others of the facts concerning the protection provided to him

4. he will comply with his legal obligations5. he will cooperate to all reasonable

requests of officers and employees protecting him6. he will regularly inform the appropriate

program official of his current activities and address

1. to have a secured housing facility or to relocation and/or change of personal identity. Such right may be extended to any member of the family within the 2nd degree.

2. to be provided with a means of livelihood or financial assistance if relocated

3. to be provided with travelling expenses and subsistence allowance

4. not to be removed from or demoted in work on account of his absences

5. To be provided with free medical assistance if injured or become ill

6. To be provided with burial benefits, if killed

7. In case of death, for his minor or dependent children to be provided with free education from primary to college level

No person shall violate the confidentiality of the proceedings

No person shall harass the witness