Rule on Admission and Examination of an Anonymous Witness

Section 1.Applicability of the Rule- Unless otherwise provided, this Rule shall govern the

admission and examination of an anonymous witness in criminal cases where the penalty is

imprisonment by reclusion perpetua or life imprisonment or to criminal offenses punishable by

imprisonment of six to twenty years where bail is a matter of judicial discretion.

Section 2.Objectives- The objectives of this Rule are to protect a witness from threats and

intimidation and to create and maintain an environment that will allow the witness to give

reliable and complete evidence, encourage witnesses to testify in legal proceedings, and facilitate

the ascertainment of truth.

Section 3.Construction of the Rule- This rule shall be strictly construed to maintain the

protection of the witness without prejudice to the constitutional rights of the accused.

Section 4.Definitions

(a.) A Witness is a person who gives evidence in a proceeding.

(b.) An anonymous witness is a person who testifies in court where his identity is concealed

from the accused and the public.

(c.) A threatened witness is a person subjected to threats to his life or bodily injury or there

is 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, or fear of such nature.

(d.) Relative means any member of the witness’s family within the second civil degree of

consanguinity or affinity.
 (e.) Witness anonymity order means an order made in a criminal proceeding by the Court

restricting disclosure of the identity of a witness from the accused and from the public.

Section 5.Application for a Witness Anonymity Order- Where at any stage of the proceedings,

there is:

(a.) A real fear for the witness’s safety or that of their family, and real grounds for fear of

retribution if the witness’s identity is released. . Real fear would mean that the

witness 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 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,

or fear of such nature.

(b.) The witness’s testimony must be relevant and of such import that it would hinder the

Prosecutor’s case to proceed without it.

(c.) That the witness is untrustworthy.

At the at the request of the Prosecutor through an application before it rests its case, a

witness anonymity order may be granted by the judge to allow a witness to testify

anonymously. An application for a witness anonymity order must be accompanied by a

(1)a redacted version of the witness’s full evidential statement, (2)a statement from the

witness setting out his fear about giving evidence and pointing out that he will not give

evidence unless he is given anonymity, (3)a risk assessment, (4)proof that the witness is

disinterested in the outcome of the case and that the witness is not involved in any

criminality.
Section 6. Notice- Upon application for a witness anonymity order by the prosecution, the

accused shall be notified by the court of the same within five days from the application. The

accused shall be given five days to submit its opposition, if any.

Section 6. Hearing- The court must give each party to the proceeding the opportunity to be

heard on the application. If it deems fit, the court may hear both parties with respect to the

merits of the application within five days from receipt of the opposition of the accused or upon

the lapse of the five-day period given for the accused to oppose the application. However, the

court may hear one or more of the parties in the absence of both the defendant and the

defendant’s legal representatives if, in the circumstances, the absence is due to the defendant’s

fault.

Section 7. Release of Order- Within five days after the hearing or if no hearing is set by the

court, within five days after the submission of the accused of its opposition, the court may

release its decision on the application.

Section 8. Appeal- The defense can appeal the decision of the lower court to the court of appeals

within fifteen days from the release of the decision. A decision of the court of appeals is final

and unappealable.

Section 9. Measures that may be Ordered- If an application for a witness anonymity order is

granted, the court may order the following measures to allow the preservation of the identity of

the witness:

(a) That the witness’s name or other identifying details may be withheld or removed

from the materials disclosed to the parties to the proceeding

(b) That the witness may use a pseudonym

 (c) That the witness must not be asked questions of a stated description that might lead to

the witness being identified such as the name of the witness, the address of the

witness, the occupation of the witness, information as to the witness’s relatives,

physical attributes of the witness and other information of similar nature that may

reveal the identity of the witness.

(d) That the witness be screened to a stated extent.

(e) That the witness’s voice is subjected to distortion.

(f) Clearing the court of members of the public.

Section 10. Effectivity of the Order- The order has an effect in all stages of the proceedings.

Section 11. Restrictions on Screening- A witness anonymity order cannot require the witness to

be screened to the extent that the witness cannot be seen by the judicial officer, other members of

the court, and an interpreter or other person appointed by the court to assist the witness.

Section 12. Discharge or Variation of a Witness Anonymity Order- The court may at any time

either on application of a party to the proceeding or on its own initiative, discharge or vary a

witness anonymity order.

(a) Any party may apply for a witness anonymity order to be varied or discharged if there

has been a material change in the circumstances.

(b) A witness anonymity order may be varied or discharged after the proceedings have

finished.

(c) The court of appeals can discharge or vary witness anonymity order made in the

proceedings which gave rise to the appeal.

Section 13. Penal Clause- If found guilty of disclosing the identity of the anonymous witness to

any person, the prosecutor, the judge or other court officers shall be penalized with imprisonment

of six to twelve years and such conduct may also be a ground for disbarment.