AUG.

10, 2012

NR # 2827

House approves bill strengthening Witness Protection, Security and Benefit Program
The House of Representatives has approved on third and final reading a bill providing expanded rights and benefits to prospective witnesses to help the authorities prosecute criminal offenses and strengthen the administration of justice. House Bill 5714 substituted House Bill Nos. 15, 608, 629 and 1979 was consolidated and sponsored in plenary by Rep. Niel Tupas Jr. (5th District, Iloilo), Chairman of the House Committee on Justice. The bill, authored by Reps. Roilo Golez (2nd District, Paranaque City), Juan Edgardo Angara (Lone District, Aurora), Simeon Datumanong (2nd District, Maguindanao), Rufus Rodriguez (2nd District, Cagayan de Oro City), Maximo Rodriguez, Jr. (Party-list, Abante Mindanao) and Tupas, Jr. seeks to amend Republic Act 6981 otherwise known as Witness Protection, Security and Benefit Act. The measure shall provide a secure housing facility and relocation to the witness and may be extended to any member of the family within the second degree of consanguinity. The measure allows the witness a change of personal identity, physiological appearance or change of name without the need of a separate judicial order or of administrative proceedings. To ensure the confidentiality of any proceedings and avoid disclosure of the identity of the witness, the Secretary of Justice may direct all concerned agencies to make the necessary entries in the respective registries, Tupas said. While in the temporary shelter provided by the program, the necessary medical attention, treatment, hospitalization and medicines needed for any injury or illness incurred or suffered by the Witness, including the spouse and minor or dependent children shall be at the expense of the Program. The Act mandates the grant of free education from primary to college level in any state school, college or university to the witness minor or dependent children during the Witness admission to the Program and up to one year after the termination of his witness duty. The witness duty shall include the attendance of the witness in court, body or authority where one is required as well as in conferences and interviews with prosecutors

or investigating officers. A witness who is relocated to an accredited Witness Protection Security and Benefit Program (WPSBP) safehouse or temporary shelter shall be considered to be under witness duty, Tupas said. To avail of the protection program, the witness shall enter into a memorandum of agreement with the Department of Justice (DOJ) which sets certain responsibilities, among others, not to communicate with any adverse party or negotiate for or enter into an amicable settlement on the civil or criminal aspect of the offense subject of the case and to comply with other conditions as the Secretary of Justice may deem proper to impose for the successful investigation or prosecution of the case. No injunction or temporary restraining order shall be issued by any court enjoining the admission of the Witness in the Program by the Department, Tupas said. A Witness once admitted into the Program shall perpetuate the testimony pursuant to Rule 134 of the Revised Rules of Court. The Rule on Perpetuation of Testimony has been transposed to the Rules of Court on Depositions and Discovery. A deposition is the written testimony of a witness given in the course of a judicial proceeding, in advance of the trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is given for cross examination. Moreover, the Senate of the Philippines or the House of Representatives may provide for a separate Witness Protection, Security and Benefit Program (WPSBP) for its resource persons or witnesses during congressional probes and shall enjoy the same rights, benefits, and responsibilities. To effectively carry out this provision, Congress shall provide funding for the implementation of its own witness protection and benefit program and promulgate its own rules and regulations. A witness who refuses to testify or who gives false or misleading testimony shall be penalized with four to six year imprisonment and shall be required to refund all the programs expenses if he unjustly fails, refuses to testify or gives false or misleading testimony. Likewise, the bill also imposes four year imprisonment and a fine of P20,000 to any person who harasses a witness by reason of the sworn statement or testimony or who attempts to hinder, delay, prevent or dissuade the witness from testifying, among others. Perpetual disqualification from holding office shall be imposed if the offender is a public officer. (30) jsc