Enhanced Witness Protection Act

Senate Offire of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 AUG -7 P6:10 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1150 Introduced by Senator JOEL VILLANUEVA AN ACT STRENGTHENING THE WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6981, OTHERWISE KNOWN AS THE "WITNESS PROTECTION, SECURITY AND BENEFIT ACT," APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE The right to due process and a fair trial enshrined in the 1987 Constitution requires that the State ensure the effective administration of justice. This includes the protection of witnesses who are indispensable in the success of prosecuting administrative, criminal, or legislative cases. They are essential in finding the truth of a matter under investigation. Oftentimes, however, agreeing to be a witness comes at a tremendous cost for the witness. Their lives, property, reputation, and safety, as well as those of their family, become the subject of threats, intimidation, harassment, or physical violence. Thus, it is incumbent upon the State to step in to ensure their safety and welfare. In 1991, Congress addressed these concerns by enacting Republic Act No. 6981, The otherwise known as the "Witness Protection, Security and Benefit Act." effectiveness of this law is evident in recent performance data: for Calendar Year 2023, the program recorded a 95.65% success rate in the prosecution of cases involving state witnesses.1 This remarkable rate underscores the law's vital role in upholding justice and the rule of law. However, this Act must be amended to further strengthen the protection provided to witnesses under the Program. 1 Congressional Policy and Budget Research Department. Department of Justice Agency Budget Notes for FY2025. Published September 2024. Available https://cpbrd.congress.gov.ph/wp- content/uploads/2024/09/ABN2024-27-DOJ-FY2025.pdf (Accessed on 3 July 2025)

This proposed measure seeks to amend Republic Act No. 6981 by extending witness protection to the early stages of investigation, even before a case is filed in court. This encourages potential witnesses to come forward and assist law enforcement in securing key testimonies to strengthen the prosecution of cases. The bill also proposes to enhance benefits for witnesses and their families, including expanded educational aid for children and income replacement allowances in case of job loss or work disruption resulting from participation in the program. This benefit aims to encourage witnesses to speak out the truth in vital investigations and in the pursuit of justice without fear of being unable to provide for his or her family. To ensure accountability, the bill imposes reimbursement of protection expenses on witnesses who unjustifiably refuse to testify after receiving program benefits. Lastly, stiffer penalties are provided in cases of harassment of, or attempts to hinder, delay, prevent, or dissuade, the witness from complying with his or her duties under the Program. By providing further benefits and strengthening the protections given to witnesses, the rule of law will be protected. For these reasons, the passage of this measure is earnestly sought. JOEL/ VILLANUEVA!

soenalt free of the Secrete TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -7 P6:11 First Regular Session ) RECEIVED BY: SENATE Senate Bill No. 1150 Introduced by Senator JOEL VILLANUEVA AN ACT STRENGTHENING THE WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6981, OTHERWISE KNOWN AS THE "WITNESS PROTECTION, SECURITY AND BENEFIT ACT," APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Enhanced Witness

2 Protection Act."

SEC. 2. Section 3 of Republic Act No. 6981, otherwise known as the "Witness

4 Protection, Security and Benefit Act," is hereby amended to read as follows: "SEC. 3. Admission into the Program. - 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 [iA] FOR which [his] THE testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under special laws; b) [his] THE testimony can be substantially corroborated in its material points;

c) [he] THE WITNESS or any member of [his] THE WITNESS' family within the second civil degree of consanguinity or affinity is subjected to threats to life or bodily injury or there is a likelihood [he] THE WITNESS will be killed, forced, intimidated, harassed or corrupted [to prevent him] SO AS TO BE PREVENTED from testifying, or to testify falsely or evasively, because or on account of [his] THE testimony GIVEN; and d) [hel THE WITNESS is not a law enforcement officer, [even if he would be testifying] UNLESS THE TESTIMONY TO BE GIVEN WILL BE against 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.] IF, UPON THE DETERMINATION OF LAW ENFORCERS, THERE IS A NECESSITY TO PROVIDE PROTECTION TO A POTENTIAL WITNESS DURING THE INITIAL STAGES OF INVESTIGATION, THE LAW ENFORCEMENT AGENCY MAY RECOMMEND TO THE DEPARTMENT THE TEMPORARY ADMISSION OF SUCH POTENTIAL WITNESS. If the Department, after examination of said applicant and other relevant facts, is convinced that the requirements of this Act and its implementing rules and regulations have been compiled with, it shall admit said applicant to the Program, require said witness to execute a sworn statement detailing [his] THE WITNESS' knowledge or information on the commission of the crime, and thereafter issue the proper certification. For purposes of this Act, any such person admitted to the Program shall be known as the Witness.

SEC. 3. Section 5 of Republic Act No. 6981 is hereby amended to read as follows:

SEC. 5. Memorandum of Agreement (MOA) with the Person to be

Protected. - Before a [person is provided] WITNESS CAN AVAIL OF THE protection under this Act, he/SHE shall [first execute] ENTER INTO a memorandum of agreement WITH THE DEPARTMENT, which shall set forth his/ HER SPECIFIC 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 a crime; C) To take all necessary precautions to avoid detection by others of the facts concerning the protection provided under this Act; d) To comply with legal obligations and civil judgments against him/HER; e) To cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act; Lang] f) To regularly inform the appropriate program official of his/HER current activities and address[-]; g) TO NOT 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 OR INVESTIGATION; AND h) TO COMPLY WITH SUCH OTHER CONDITIONS AS THE SECRETARY OF JUSTICE MAY DEEM PROPER TO IMPOSE FOR THE SUCCESSFUL INVESTIGATION OR PROSECUTION OF THE CASE OR TO PRESERVE THE INTEGRITY OF THE PROGRAM."

SEC. 4. Section 6 of Republic Act No. 6981 is hereby amended to read as follows:

SEC. 6. Breach of the Memorandum of Agreement. - Substantial

breach of the memorandum of agreement shall be a ground for the IMMEDIATE termination of the BENEFITS AND protection provided under this Act [:Provided, however, That before terminating such protection]. The Secretary of Justice shall send a WRITTEN notice to the person involved of the termination of the BENEFITS AND protection provided under this Act, stating therein the reason for such termination.

SEC. 5. Section 7 of Republic Act No. 6981 is hereby amended to read as follows:

SEC. 7. Confidentiality [of Proceedings]. - All [proceedings]

MATTERS involving [application for] admission [into] AND COVERAGE

UNDER the Program [and the action taken thereon] shall be confidential in nature, INCLUDING, BUT NOT LIMITED TO, THE WITNESS IDENTIFY, SUBJECT MATTER OF DISCLOSURE, AND PERSON TO WHOM SUCH DISCLOSURE IS MADE. No information or documents [given or submitted in support thereof] RELATIVE THERETO shall be released except upon written order of the Department or the proper court. Any person who violates [the confidentiality of said proceedings] THIS PROVISION shall, upon conviction, be punished with imprisonment of not less than [one (1) year] FOUR (4) YEARS but not more than six (6) years and deprivation of the right to hold a public office or employment for a period of five (5) years. NO INJUNCTION OR TEMPORARY RESTRAINING ORDER SHALL BE ISSUED BY ANY COURT ENJOINING THE ADMISSION OF THE WITNESS IN THE PROGRAM BY THE DEPARTMENT."

SEC. 6. Section 8 of Republic Act No. 6981 is hereby amended to read as follows:

"SEC. 8. Rights and Benefits. - The witness shall have the RIGHTS TO SECURITY AND PROTECTION AS WELL AS THE following [rights and] benefits: a) To have a secure housing facility until [he] THE WITNESS has testified or until the threat, intimidation or harassment disappears or is reduced to a manageable or tolerable level. 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 TO A SECURE HOUSING FACILITY AND RELOCATION may be extended to any member of the family of the Witness within the second [civil] degree of consanguinity or affinity UPON SATISFACTION OF THE REASONABLE CONDITIONS THE DEPARTMENT SHALL SET FORTH IN THE IMPLEMENTING RULES AND REGULATIONS OF THIS ACT. TO HAVE A CHANGE OF PERSONAL IDENTITY, WHICH MAY INCLUDE A CHANGE IN PHYSIOLOGICAL APPEARANCE OR CHANGE OF NAME. THE DEPARTMENT, UPON APPLICATION

OF THE WITNESS COVERED UNDER THE PROGRAM AND IN ACCORDANCE WITH THE RULES WHICH THE DEPARTMENT SHALL HEREAFTER PROMULGATE, MAY ORDER A CHANGE OF THE FIRST NAME, MIDDLE NAME, AND/OR FAMILY NAME OF THE WITNESS COVERED, WITHOUT NEED OF A SEPARATE JUDICIAL ORDER OR ADMINISTRATIVE PROCEEDING, WITH PROPER COORDINATION WITH CONCERNED GOVERNMENT AGENCIES. PURSUANT TO SUCH ORDER, THE DEPARTMENT MAY DIRECT ALL CONCERNED AGENCIES OF THE GOVERNMENT TO MAKE THE NECESSARY ENTRIES IN SUCH A MANNER THAT ENSURES THE CONFIDENTIALITY OF THE PROCEEDINGS AND AVOID A DISCLOSURE OF THE IDENTITY OF THE WITNESS. [0)] The Department shall, whenever practicable, assist the Witness in obtaining a means of livelihood. The Witness relocated pursuant to this Act shall be entitled to a financial assistance from the Program for his/HER support and that of his/ HER family in such amount and for such duration as the Department shall determine. d) [(c)] In no case shall the Witness be removed from or demoted in work because or on account of [his] THE WITNESS' absences due to [his] attendance before any judicial or quasi-judicial body or investigating authority, including legislative investigations in aid of legislation, in going thereto and in coming therefrom: Provided, That [his] THE WITNESS' employer is notified through a certification issued by the Department, within a period of thirty (30) days from the date when the Witness last reported for work: Provided, further, That in the case of prolonged transfer or permanent relocation, the employer shall have the option to remove the Witness from employment after securing clearance from the Department, upon the recommendation of the Department of Labor and Employment (DOLE). Any Witness who failed to report for work because of witness

duty shall be [paid his] GIVEN AN ALLOWANCE BY THE DEPARTMENT equivalent TO THE WITNESS' salaries or wages corresponding to the number of THE WITNESS' days of absence FROM WORK occasioned by the Program. IF THE EMPLOYER REMOVES THE WITNESS FROM EMPLOYMENT UPON SECURING A CLEARANCE FROM THE DEPARTMENT DUE TO PROLONGED TRANSFER OR PERMANENT RELOCATION, THE DEPARTMENT SHALL GIVE AN ADDITIONAL ALLOWANCE EQUIVALENT TO ONE (1) MONTH PAY OR ONE (1) MONTH FOR EVERY YEAR OF SERVICE, WHICHEVER IS HIGHER. For purposes of this Act, any fraction of a day shall constitute a full day [salary or wage]. This provision shall be applicable to both government and private employees. [(d)] To be provided with reasonable travelling expenses and subsistence allowance by the Program in such amount as the Department may determine for his attendance in the court, body or authority where [his] THE WITNESS' testimony is required, as well as conferences and interviews with prosecutors or investigating officers. f) [fe)] To be provided with NECESSARY free medical ATTENTION, treatment, hospitalization and medicines, PARTICULARLY for any injury, [or] illness OR ANY OTHER MEDICAL CONDITION incurred or suffered by [him because of] THE WITNESS OR BY HIS/ HER SPOUSE AND MINOR OR DEPENDENT CHILDREN WHILE ON witness duty OR WHILE IN THE TEMPORARY SHELTER PROVIDED BY THE PROGRAM in any private or public hospital, clinic, or at any such institution at the expense of the Program. WITNESS DUTY SHALL INCLUDE THE ATTENDANCE OF THE WITNESS IN THE COURT, BODY OR AUTHORITY WHERE THE TESTIMONY IS REQUIRED, AS WELL AS CONFERENCES, INTERVIEWS, AND/OR INVESTIGATIONS WITH PROSECUTORS OR INVESTIGATING OFFICERS. A WITNESS

WHO IS RELOCATED TO AN ACCREDITED WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM TEMPORARY SHELTER SHALL BE CONSIDERED TO BE UNDER WITNESS DUTY FOR THE DURATION OF HIS/HER STAY IN SAID TEMPORARY SHELTER. g) [(*1 If a Witness is killedLi] because of participation in the Program, [his] THE WITNESS' heirs shall be entitled to a burial benefit of not less than [Fen Thousand pesos (P10,000.00)] FIVE HUNDRED THOUSAND PESOS (P500,000.00) from the Program exclusive of any other similar benefits [he] THE WITNESS may be entitled to under other existing laws. h) [(g) In case of death or permanent incapacity, his] THE WITNESS' minor or dependent children shall be entitled to free education AND/OR EDUCATIONAL ASSISTANCE, from primary to college level in any state, or private school, college or university [as may be determined by the Department,] as long as they shall have qualified thereto. THE EDUCATIONAL BENEFITS HEREIN PROVIDED CAN BE AVAILED OF BY THE WITNESS' MINOR OR DEPENDENT CHILDREN FOR PRIMARY, SECONDARY AND TERTIARY EDUCATION: PROVIDED, THAT FOR TERTIARY EDUCATION, THE EDUCATIONAL ASSISTANCE SHALL IN NO CASE EXCEED FIVE (5) YEARS." i) IN CASE THE WITNESS IS A SENIOR CITIZEN OR A PERSON WITH DISABILITY, THE DEPARTMENT, IN COORDINATION WITH THE NATIONAL COMMISSION OF SENIOR CITIZENS AND OTHER RELEVANT AGENCIES, SHALL PROVIDE SPECIAL ACCOMMODATIONS THAT ADDRESS THEIR NEEDS, AS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, MEDICAL CARE AND ASSISTANCE AND PALLIATIVE CARE. THE DEPARTMENT SHALL ASSESS AND EVALUATE, ON AN ANNUAL BASIS, THE PROGRAM, AND SHALL DEVELOP AND ESTABLISH PROCESSES AND PROCEDURES FOR WITNESS

PROTECTION AND SECURITY IN ACCORDANCE WITH INTERNATIONALLY RECOGNIZED BEST PRACTICES.

SEC. 7. Section 10 of Republic Act No. 6981 is hereby amended to read as

follows: "SEC. 10. [State Witness] ADMISSION OF OFFENDERS. - 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] THE 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] THE testimony; c) There is no other direct evidence available for the proper prosecution of the offense committed; [his] THE testimony can be substantially corroborated on its material points; e) [his] THE PERSON does not appear to be most guilty; and f) [ne] THE PERSON has not at any time been convicted of any crime involving moral turpitude. FOR THE AVOIDANCE OF DOUBT, THE ADMISSION OF A PERSON TO THE PROGRAM IS SEPARATE AND DISTINCT FROM THE DISCHARGE OF AN ACCUSED FROM AN INFORMATION OR CRIMINAL COMPLAINT BY THE COURT IN ORDER THAT SAID ACCUSED MAY BE A STATE WITNESS, PURSUANT TO SECTION 17 OF RULE 119 OF THE REVISED RULES OF COURT. An accused discharged from an information or criminal complaint by the court in order that [he] THE ACCUSED may be a State Witness pursuant to [Section 9 and 10] SECTION 17 of Rule 119 of the Revised Rules of Court may, upon [ais] petition, be admitted to the Program [if he complies] UPON COMPLIANCE with the other requirements of this Act. Nothing in this Act shall prevent the discharge of an accused QUALIFIED

TO ACT as a State Witness under SECTION 17, Rule 119 of the Revised Rules of Court."

SEC. 8. Section 12 of Republic Act No. 6981 is hereby amended to read as

follows: "SEC. 12. Effect of Admission of a Witness into the Program. - The certification of admission into the Program by the Department shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or information and if included therein, to petition the court for [his] THE discharge PURSUANT TO THIS ACT in order that he/SHE can be utilized as a State Witness. The Court shall order the discharge and exclusion of the said accused from the information. Admission into the Program shall AUTOMATICALLY entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which [his] THE testimony will be given or used and all the rights and benefits provided under Section 8 hereof."

SEC. 9. A new Section 12-A is hereby inserted to read as follows:

"SEC. 12-A. PERPETUATION OF TESTIMONY. - A WITNESS, ONCE ADMITTED INTO THE PROGRAM, SHALL PERPETUATE HIS/HER TESTIMONY PURSUANT TO RULE 134 OF THE REVISED RULES OF COURT."

SEC. 10. Section 13 of Republic Act No. 6981 is hereby deleted in its entirety

and replaced with the following new Section 13: "SEC. 13. FAILURE OR REFUSAL OF THE WITNESS TO COOPERATE OR TESTIFY. - A WITNESS COVERED UNDER THE PROGRAM WHO UNJUSTLY FAILS OR REFUSES TO COOPERATE OR TESTIFY IN THE INVESTIGATION OR PROSECUTION OF A CASE OR WHO GIVES FALSE OR MISLEADING TESTIMONY SHALL BE CRIMINALLY PROSECUTED AND SHALL, UPON CONVICTION, SUFFER THE PENALTY OF IMPRISONMENT OF NOT LESS THAN FOUR (4) YEARS BUT NOT EXCEEDING SIX (6) YEARS. THE WITNESS SHALL ALSO BE REQUIRED TO RESTITUTE ALL THE

EXPENSES INCURRED RELATIVE TO HIS/HER AND HIS/HER FAMILY'S COVERAGE UNDER THE PROGRAM, WITHOUT PREJUDICE TO PROSECUTION FOR CONTEMPT AND OTHER CRIMES UNDER EXISTING LAWS."

SEC. 11. Section 17 of Republic Act No. 6981 is hereby amended to read as

follows: "SEC. 17. Penalty for Harassment of Witness. - Any person who harasses a Witness [and thereby hinders, delays, prevents or dissuades a] BY REASON OF THE SWORN STATEMENT OR TESTIMONY GIVEN BY THE LATTER, OR ATTEMPTS TO HINDER, DELAY, PREVENT OR DISSUADE THE Witness from: a) Attending or testifying before any judicial or quasi-judicial body or investigating authority; Reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions or probation, parole, or release pending judicial proceedings; c) Seeking the arrest of another person in connection with the offense; d) Causing a criminal prosecution, or a proceeding for the revocation of a parole or probation; or e) Performing and enjoying the rights and benefits under this Act, shall be fined not more than [Three thousand pesos (P3,000.00)] TWENTY THOUSAND PESOS (P20,000.00) or suffer Imprisonment of not less than [six (6) months] TWO (2) YEARS but not more than [one (1) year] FOUR (4) YEARS, or both, and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public officer."

SEC. 12. A new Section 17-A is hereby inserted to read as follows:

"SEC. 17-A. CONSTRUCTION OF PROVISIONS - IN CASE OF DOUBT, THE PROVISIONS OF THIS ACT SHALL BE CONSTRUED IN FAVOR OF THE ADMISSION OF THE WITNESS INTO THE PROGRAM."

SEC. 13. Appropriations. - The amount necessary for the initial

implementation of this Act shall be charged against the current year's appropriations of the Department of Justice (DOJ). Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General 4 Appropriations Act.

SEC. 14. Implementing Rules and Regulations. - Within sixty (60) days

from the effectivity of this Act, the DOJ, in consultation with appropriate government agencies and other relevant stakeholders, shall promulgate the necessary rules and regulations to effectively implement the provisions of this Act.

SEC. 15. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder hereof or any provisions not affected thereby shall remain in force and effect.

SEC. 16. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its complete publication in the Official Gazette or in a newspaper of general circulation. Approved,