December 16, 2012

THE 2012 IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 6981

PURSUANT TO SECTION 18 OF REPUBLIC ACT NO. 6981, THE FOLLOWING RULES AND REGULATIONS, KNOWN AS THE 2012 IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 6981, ARE HEREBY PROMULGATED:

ARTICLE I

Definition of Terms

SECTION 1. Witnesses. —

a. Witness — an individual who has personal knowledge of the commission of a grave felony but has no participation therein, directly or indirectly.

b. State Witness — an individual who has participated in the commission of a grave felony and desires to be a witness for the State and is qualified under Section 17, Rule 119 of the Revised Rules of Criminal Procedure or Section 10 of R.A. No. 6981.

b.1. A state witness under Section 17, Rule 119 of the Revised Rules of Criminal Procedure refers to an individual discharged as an accused by the Court and admitted into the Program.

b.2. A state witness under Section 10 of R.A. No. 6981 refers to: [a] a respondent who is included in the criminal complaint, but is excluded from the criminal information as determined by the Program; or, [b] an accused admitted to the Program, but who has not been discharged by the Court under Section 12 of R.A. No. 6981.

c. Judicial or Quasi-Judicial Body Witness — a witness admitted to the Program who is about to testify, is testifying, or has testified relative to the commission of a grave felony before any judicial or quasi-judicial body.

d. Investigative Authority Witness — a witness admitted to the Program who is about to testify, is testifying, or has testified relative to the commission of a grave felony before any investigative authority.

e. Legislative Investigation Witness — a witness admitted to the Program who is about to testify, is testifying, or has testified in any legislative inquiry or investigation in aid of legislation.

f. Temporary Shelter Witness (TSW) — a witness admitted to the Program who, for safety or security reasons, is relocated to a Program's temporary shelter or safehouse and is provided with round-the-clock security protection.

g. Relocated Witness (RW) — a witness admitted to the Program who, for security or safety reasons, is transferred from his residence, or place where he usually stays, to another location, other than a Program's temporary shelter or safehouse, where the level of threat is manageable, as determined by the Implementor, and is provided with security protection only while performing witness duties.

h. Outside Temporary Shelter Witness (OTSW) — a witness admitted to the Program who refused to be placed in a temporary shelter or safehouse of the Program, or to be relocated, and who opts to stay or reside in his place of preference.

i. Witness under the Custody of Other Government Agencies — a witness who is under the protective custody of other government agencies.

SECTION 2. Program. — refers to the Witness Protection, Security and Benefit Program, or the WPSBP or WPP for brevity.

SECTION 3. Grave Felony. — a crime to which the law attaches a penalty of imprisonment above six (6) years or a fine exceeding PHP6,000 (six thousand pesos).

SECTION 4. Memorandum of Agreement (MOA). — a document executed by the witness setting forth his duties and responsibilities to the Program, or such other terms and conditions for his admission or continued coverage.

SECTION 5. Sworn Statement. — a written statement under oath executed by an individual seeking admission into the Program, disclosing in detail his personal knowledge and/or information about the commission of a grave felony.

SECTION 6. Crime Involving Moral Turpitude. — a crime which involves an act of baseness, vileness, depravity in the private and social duties which a man owes his fellow man, or to society in general, contrary to the accepted and customary rule of right and duty between man and man, or conduct contrary to justice, honesty, modesty and good morals.

SECTION 7. Witness Duty. — Witness duty includes:

a. Duty to attend and testify during judicial or quasi-judicial hearings, or investigative body investigations;

b. Duty to meet, confer, and cooperate with prosecutors or investigating officers;

c. Duty to execute affidavits and undertakings or produce evidence material and relevant to the criminal investigation or prosecution of a grave felony.

A witness who is relocated to the Program's temporary shelter or safehouse shall be deemed to be under witness duty.

SECTION 8. Economic Dislocation. — refers to loss or reduction of the income of a witness which renders him incapable of providing for his and his family's daily subsistence.

ARTICLE II

Implementors of the Program

SECTION 1. The Chief Implementor. — The Secretary of the Department of Justice (DOJ) is the Chief Implementor. The Chief Implementor shall have control and supervision of the implementation of the Program and shall exercise the following powers and functions:

a. Formulate WPP policies, guidelines and operational frameworks;

b. Designate Program Implementors;

c. Approve or deny applications or recommendations for admission to the Program;

d. Approve or deny applications or recommendations for termination of coverage;

e. Review, confirm, reverse, affirm or modify actions taken by Implementors; and

f. Exercise other powers and functions as may be necessary for the effective implementation of the Program.

SECTION 2. The Program Director. — The Program Director (PD) shall have the following powers and functions:

a. Assist the Chief Implementor in the implementation of the Program;

b. Effectively recommend to the Chief Implementor WPP policies, guidelines and operational frameworks;

c. Execute Program policies and guidelines;

d. Manage the Program's over-all operations;

e. Prepare and defend the Program's budget in Congress;

f. Approve Program fund disbursements;

g. Approve recruitment, movement, discipline and dismissal of Program personnel;

h. Approve contracts and requests for supply and equipment purchases, except those involving day-to-day operations;

i. Authorize the Program's agents or security officers to carry firearms; and

j. Perform such other functions and duties as assigned by the Chief Implementor.

SECTION 3. The Assistant Program Director. — The Assistant Program Director (APD) shall have the following powers and functions:

a. Assist the Program Director in the discharge of his functions;

b. Recommend action to the Program Director on all requests for cash advances and other disbursements and liquidations;

c. Review reports from the Evaluators regarding applications for coverage under the Program, confirmation of admissions by the Implementors and recommend action to be taken to the Program Director;

d. Supervise and monitor the coverage of witnesses for the purpose of determining whether or not the coverage shall be maintained or terminated;

e. Coordinate with other government agencies and NGOs involved in the implementation of the Program;

f. Render periodic reports to the Program Director;

g. Prepare referrals of witnesses to various Departments and agencies;

h. Coordinate with the Implementors regarding actions on the coverage of witnesses i.e., admission, confirmation, extension, termination, monitoring of cases and other matters, and render periodic reports concerning these matters to the Program Director;

i. Prepare the necessary documents for WPP budget presentation;

j. Review the grant of benefits and recommend action to the Program Director; and

k. Perform such other functions and duties as may be assigned by the Chief Implementor and/or Program Director.

SECTION 4. The Regional Implementors (RI). — Each region shall have an Implementor who shall exercise the following powers and functions within his jurisdiction:

a. Manage and supervise the Program, its personnel, the witnesses and their dependents;

b. Recommend measures for effective implementation of the Program;

c. In the exercise of his delegated authority, approve or deny applications for coverage and termination;

d. Coordinate with other government agencies and civil society organizations concerning Program implementation;

e. Recommend to the Program Director personnel recruitment and disciplinary action;

f. Recommend to the Program Director approval of contracts, other than those involving day-to-day operations;

g. Act as Special Disbursing Officer, unless the Chief Implementor provides otherwise;

h. Monitor WPP cases and submit periodic reports to the Program Director;

i. Direct prosecutors to expedite WPP cases and to submit periodic reports; and

j. Perform such other functions and duties as may be assigned by the Chief Implementor and/or Program Director.

ARTICLE III

Program Application

SECTION 1. Requirements. — Applicants for admission to the Program must submit or comply with the following:

A. Indispensable Requirements — Unless otherwise provided in these Rules or by the Chief Implementor, no application for admission to the Program shall be given due course without the following:

1. Written application in such form as may be prescribed by the Program

2. Sworn statement as defined in Section 5, Article I of these Rules

3. Proof or Certificate of Compliance with R.A. No. 6981:

a. A witness defined in Section 1 (a), Article I of these Rules may be admitted to the Program upon showing that:

1.1 The offense in which his testimony will be used is a grave felony;

1.2 His testimony can be substantially corroborated in its material points;

1.3 He 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 a 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; and,

1.4 He is not a law enforcement officer, even if he would be testifying against the other law enforcement officers. In such a case, only the immediate members of his family may avail themselves of the protection provided for under R.A. No.6981.

b. A state witness defined in Section 1 (b.1.), Article I of these Rules may be admitted to the Program upon showing that he has been discharged by the Court pursuant to Section 17, Rule 119 of the Revised Rules of Criminal Procedure.

c. A state witness defined in Section 1 (b.2.), Article I of these Rules may be admitted to the Program upon showing that:

1.1. There is absolute necessity for his testimony;

1.2. There is no other direct evidence available for the proper prosecution of the offense committed, except his testimony;

1.3. His testimony can be substantially corroborated in its material points;

1.4. He does not appear to be the most guilty; and

1.5. He has not at any time been convicted of any offense involving moral turpitude.

4. Memorandum of Agreement

5. Approval of application by Implementor

B. Additional Requirements — In addition to the indispensable requirements, the Implementor may require an applicant to submit any of the following as a condition for his admission:

1. Resolution on the Preliminary Investigation; Report of the Investigation; Information filed in Court; or, Order of discharge as state witness;

2. Medical, psychological, drug test results of the applicant or those to be placed in the temporary shelter or safehouse;

3. Threat Assessment by Law Enforcement Agencies;

4. Income Tax Returns of the applicant;

5. Certification of Indigency of the applicant from DSWD or barangay;

6. Court, Police and NBI Clearance of the applicant or those who will be placed in the temporary shelter or safehouse; and,

7. Other similar documents.

C. Legislative Investigation Witness Requirements — In legislative investigations in aid of legislation, a witness may be admitted into the Program upon showing that: (1) he is recommended to be admitted to the Program by the concerned Legislative Committee where his testimony is needed; (2) The recommendation of the concerned Legislative Committee is duly approved by the Senate President or by the Speaker of the House of Representatives, as the case may be; and, (3) he has submitted a duly accomplished application form.

SECTION 2. Where to File. — Applications for admission to the Program may be filed in the following:

a. Regional Implementor's Office

b. WPP Central Office in Manila

SECTION 3. Processing of Applications. —

a. As soon as the application accompanied by the supporting requirements (hereafter collectively called "application records") are filed, they shall be immediately placed in a folder conspicuously marked "confidential", docketed and, without delay, forwarded to the Implementor for assignment to an Evaluator.

b. Upon receipt of the application records, the Evaluator shall immediately examine the same and, if necessary, interview the applicant. Unless the Implementor or Program Director requires a shorter period, the Evaluator within two (2) days from the interview, which shall be completed within twenty (24) hours, shall submit his recommendation to the Implementor.

c. The Implementor shall act on the Evaluator's recommendation immediately upon receipt thereof and shall notify in writing the applicant of any action taken thereon.

d. In the event the Implementor decides to admit the applicant, he shall require the applicant to execute a MOA.

e. Any action taken by the Implementor on the application shall be final, without prejudice to the Chief Implementor's power of review. For this purpose, all approved applications shall be forwarded to the Program's Central Office within three (3) days from approval.

f. Applicants whose applications are denied or witnesses whose coverage are terminated by Implementors, may appeal to the Chief Implementor within fifteen (15) days from receipt of the notice of denial of their application and/or termination of their coverage on the ground of grave abuse of discretion on the part of the Implementor.

ARTICLE IV

Effectivity of Admission

Witnesses are deemed admitted to the Program upon the issuance of a Certificate of Admission and Coverage by the Implementor.

ARTICLE V

Types of Admission

SECTION 1. Regular Admission. — A witness who has submitted or complied with all indispensable requirements and such other additional documents required by the Implementor, and whose application has been approved, shall be granted regular admission.

SECTION 2. Provisional Admission. — A witness who has complied with all indispensable requirements for admission, but lacks the additional requirements required by the Implementor, may be granted provisional or conditional admission.

A state witness defined under Sec. 1 (b.2. [b]), Article I of these Rules who has not been discharged by the Court, may be granted provisional admission. Such provisional admission shall become regular upon submission of the Order of discharge by the Court.

ARTICLE VI

Memorandum of Agreement

SECTION 1. Nature. — A Memorandum of Agreement (MOA) is not a contract, but an undertaking which primarily describes what the witness should do or not do while he is under the Program's coverage.

SECTION 2. Obligations of Witnesses. — Before a person is admitted to the Program, he shall execute a MOA which shall set forth his duties and responsibilities to the Program and such other terms and conditions for his admission or continued coverage which shall include, among others, the following:

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 for his own security and to avoid detection by others of the facts concerning the protection provided him under this Act;

d) to comply with legal obligations and civil judgments against him;

e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act;

f) to regularly inform the appropriate Program official of his current activities and address; and

g) such other duties and responsibilities and terms and conditions as the Implementor may impose.

ARTICLE VII

Assistance to Witnesses

Witnesses admitted to the Program may be entitled to the following assistance:

SECTION 1. Financial Assistance. — is the monetary assistance given to witnesses for their subsistence in such amount as may be determined by the Program.

Only witnesses who suffer economic dislocation by reason of his relocation for security or safety reasons, or inability to earn for daily subsistence as a consequence of his admission to the Program, shall be entitled to financial assistance.

SECTION 2. Dependent's Allowance. — is the monetary assistance given to an economically dislocated witness for their minor children not exceeding four (4) in number.

SECTION 3. Medical Assistance. — is the monetary assistance given to a witness for medical treatment, hospitalization and medicines for injury or illness incurred or suffered by him while performing witness duties.

SECTION 4. Security Protection. — The Program may provide the following security protection:

a. Round-the-clock security protection, for witnesses and their family members, within the second degree of consanguinity or affinity, staying in the Program's temporary shelter or safehouse;

b. Security protection while performing witness duty only, for relocated witness or those outside the Program's temporary shelter or safehouse; and

c. Limited security protection while not performing witness duty, for relocated witnesses or those outside the Program's temporary shelter or safehouse. Limited security protection may take the form of security monitoring of the witnesses and/or endorsement or coordination with law enforcement agencies concerning the security and safety of the witnesses.

SECTION 5. Livelihood Assistance. — is the assistance provided to the witness in obtaining a means of livelihood, which may include skills training, employment, or assistance for any employment or business opportunities.

SECTION 6. Termination Assistance. — is the relocation or monetary assistance, in an amount determined by the Program, given to a witness whose coverage is terminated without his fault.

SECTION 7. Educational Assistance. — Witnesses are primarily responsible for the education of their children. However, if the witness becomes incapacitated or is killed due to witness duty, his dependent children shall be entitled to educational assistance as may be determined by the Program.

SECTION 8. Burial Assistance. — In case the witness is killed while performing witness duty, his heirs shall be entitled to burial benefits as may be determined by the Program.

SECTION 9. Change of Identity. — The personal identity of the witness may be changed as may be provided by law.

ARTICLE VIII

Waiver of Benefits

A witness may waive, in writing, any of his benefits under R.A. No. 6981, such as, but not limited to, financial assistance, temporary shelter and security protection. A waiver absolves the Program completely of whatever responsibility it may have over the witness' safety and security.

ARTICLE IX

Custody by Other Government Agencies

SECTION 1. Witness Under Detention. — The Program shall not take into its protective custody a witness who is under detention for any lawful cause. However, it shall direct the custodian of the witness to take necessary measures to ensure the safety and security of the witness.

SECTION 2. Child Witness. — As far as practicable, a child witness shall remain under the protective custody of the DSWD pursuant to the provisions of R.A. No. 7610. If the DSWD cannot adequately secure the child witness, or if his parents refuse DSWD protective custody, the Program shall determine whether the child witness should be transferred to a temporary shelter or shall remain with his parents.

SECTION 3. Witness Under the Protective Custody of Other Government Agencies. — The Program may allow its witnesses to be under the protective custody of other government agencies provided that the following requirements are fulfilled:

a. The government agency or the witness requests in writing for the transfer of protective custody from the WPP to the concerned agency.

b. There is a written agreement between the government agency to which custody will be transferred and the witness on the transfer of protective custody.

c. The government agency to which the custody is transferred undertakes to provide adequate security to the witness and complies with the Program's guidelines.

d. The Program is satisfied with the government agency's capacity to secure the witness.

e. The government agency shall closely coordinate and regularly consult with the concerned Implementor on the safety and security of the witness.

Witnesses under the custody of other government agencies or non-governmental organizations shall be classified as relocated witnesses.

ARTICLE X

Grounds for Termination of Coverage

The Program's coverage of the witness may be terminated upon written notice based on the following:

SECTION 1. Completion of Witness Duty/Manageable Threat Level. — After completion of witness' testimony and after the threat has been assessed to be at a manageable level, coverage may be terminated, without prejudice to re-admission in case serious threats re-appear.

Termination of the coverage shall take effect thirty (30) days from receipt by the witness of the notice of termination, unless a different date is agreed upon.

SECTION 2. Accused-at-Large/Case Archived. — In cases where none of the accused has been arrested, the coverage of the witness shall be terminated two years after the case has been archived. On meritorious grounds, the Program may extend the coverage for a maximum period of one year. Such termination shall be without prejudice to the witness' re-admission or reinstatement in the event that any of the accused-at-large is arrested.

SECTION 3. Violation/Breach/Noncompliance with Witness Obligation.— Coverage may be terminated by written notice if a witness breaches any MOA stipulation, violates any Program rules or any other condition for his coverage. Termination shall take effect five (5) days from receipt of notice. However, in case of serious breach or violation of the MOA or the Program rules or guidelines, such as those involving security, confidentiality or similar matters, termination of the coverage shall be effective immediately.

SECTION 4. Personal Request of the Witness. — The coverage of the witness may be terminated upon his written request. Such termination will be effective upon approval by the Implementor or on such a date as may be agreed upon.

ARTICLE XI

Periodic Evaluation of Coverage

The coverage of a witness who has been granted regular admission shall be effective until terminated. Provisional coverage is effective for a period not to exceed ninety (90) days, without prejudice to an extension.

For the purpose of monitoring and determining the basis for continued coverage, Implementors shall submit a quarterly report on the status of all cases involving covered witnesses which should contain, among others, these information:

1. Stage of proceedings;

2. Whether or not witness has testified;

3. Next hearing dates;

4. Level of threats/intimidation; and

5. Other relevant information.

ARTICLE XII

Re-instatement and Re-admission

SECTION 1. Re-instatement. — The handling prosecutor or the witness may, within six (6) months from the termination of the coverage, request in writing for the reinstatement of the coverage of the witness should the need therefor arise.

A reinstatement to the Program shall be reported to the Program Director and subject to the confirmation by the Chief Implementor.

SECTION 2. Re-admission. — After the lapse of six (6) months from the termination of a coverage, and the need arises to cover the witness, the handling prosecutor or the witness may request in writing for the re-admission of the witness. A request for re-admission shall be treated as a new application, and shall be subject to the requirements for a new applicant.

ARTICLE XIII

Action to Protect Witnesses and Implementors

If a witness is admitted to the Program, or is being assessed for possible coverage, the Chief Implementor may take such action as he considers necessary and reasonable to protect the witness' safety and welfare, while also protecting his own safety and that of the PD, APD, RI, Program personnel and handling prosecutors to the extent that is authorized by law.

ARTICLE XIV

Confidentiality

All matters involving the application to, and coverage under, the Program shall be confidential in nature. No information or document relative thereto shall be disclosed or released except upon written order of the Chief Implementor or the Court.

ARTICLE XV

Violations and Penalty

The following acts shall be penalized according to law:

SECTION 1. Violation of the confidentiality of the proceedings involving coverage in the Program and the action taken thereon.

SECTION 2. Failure or refusal to testify or to continue to testify, without just cause when lawfully obliged to do so. If a witness testifies falsely or evasively or fails or refuses to testify, or violates any condition accompanying such immunity without just cause, the enjoyment of all rights and benefits under R.A No. 6981 shall be deemed terminated.

SECTION 3. Giving false testimony or producing false evidence.

SECTION 4. Harassment of witness thereby hindering, delaying, preventing or dissuading him from:

a. attending or testifying before any judicial or quasi-judicial body or investigating authority;

b. reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions of 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;

e. performing and enjoying the rights and benefits under this Act or attempts to do so.

ARTICLE XVI

Effectivity

These Implementing Rules and Regulations shall become effective after fifteen (15) days following their publication in two (2) newspapers of general circulation.

DONE this 16th day of December, 2012 in the City of Manila.

(The 2012 Implementing Rules and Regulations of R.A. No. 6981, IRR-RA 6981, [December 16, 2012])