Witnesses are essential in criminal litigation. They either prove or disprove the material allegations of the prosecution and spell not only the difference between an acquittal and conviction but more importantly whether a criminal will be punished or shall remain free.
Yet, witnesses, at times, may be hard to find. Even when identified, a lot is demanded for their continued commitment and actual participation. Criminals are common but witnesses may be rare. This is more real for heinous crimes where the threat to witnesses and their family’s life and security are more pronounced.
To aid in the prosecution of criminal offenses, Congress enacted Republic Act 6981, otherwise known as the Witness Protection, Security and Benefit Act, which aims to encourage witnesses to testify by granting protection and other relevant benefits.
To qualify under the program, an applicant must have witnessed or has personal knowledge or information on the commission of a grave felony. Likewise, participants in the commission of a crime who desire to be a witness for the State can apply for the program. Lastly, state witnesses who were discharged from an Information or criminal complaint pursuant to Section 17, Rule 119 of the Rules of Criminal Procedure may, upon their petition, be likewise admitted to the program.
In any event, it is essential that the applicant’s testimony can be substantially corroborated in its material points, and on account of the foregoing, he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to life or bodily injury or there is a likelihood that he will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely, or evasively.
If found to be qualified, the applicant is required to execute a Memorandum of Agreement which shall set forth his duties and responsibilities to the program which shall include: (1) testifying and providing information to all appropriate law enforcement officials concerning appropriate proceedings in connection with the grave felony involved; (2) avoidance of the commission of any crime; (3) taking all necessary precautions for his own security; (4) regularly notifying the appropriate program official of his current activities and address; and (5) compliance with legal obligations and civil judgments against him.
Under RA 6981, qualified witnesses are entitled not only to their personal security protection and escort services but also to their family members within the second degree of consanguinity or affinity.
They are also entitled to change personal identities at the expense of the program. In addition to the foregoing, qualified witnesses or their family members are also entitled to (1) financial assistance for their subsistence; (2) dependent’s allowance for dislocated witnesses’ minor children not exceeding four in number; (3) medical assistance for injury or illness incurred or suffered while performing witness duties; (4) livelihood assistance to obtain means of livelihood which include skills training, employment or assistance for business opportunities; (5) termination assistance such that employers are legally prohibited from dismissing or demoting any witness on account of absences due to the performance of witness duties; (6) educational assistance for the dependents of witnesses who have become incapacitated or killed due to witness duties; and (7) burial assistance in case the witness is killed while performing his duties.
The aforesaid protection and benefits shall continue even after the completion of the witnesses’ testimony until the threats have been assessed to be at a manageable level, without prejudice to re-admission should serious threats re-appear.
However, should the witness fail or refuse to testify, or testifies falsely or evasively, his rights and benefits under the program shall be deemed terminated. In addition, he shall be prosecuted for contempt and/or perjury. If he was previously admitted as a state witness, his immunity will likewise be removed and he shall be subject to contempt or criminal prosecution.
Through the witness protection program, it is hoped that no criminal can evade the power of the law simply because witnesses are powerless to protect themselves.
The Daily Tribune
