Article 81p. 81

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

allowances

as

are

extended

to

witnesses

whose

attendance has been required in the trial courts. Upon

request of the witness, the Ombudsman shall also

furnish him such security for his person and his family

as may be warranted by the circumstances. For this

purpose, the Ombudsman may, at its expense, call

upon any police or constabulary unit to provide the said

security.

(2) A person who, with or without service or compulsory

process,

provides

oral or documentary information

requested by the Ombudsman shall be accorded the

same privileges and immunities as are extended to

witnesses in the courts, and shall likewise be entitled to

the assistance of counsel while being questioned.

(3) If a person refuses to respond to the Ombudsman's

or his Deputy's subpoena, or refuses to be examined, or

engages in obstructive conduct, the Ombudsman or

his Deputy shall issue an order directing the person to

appear before him to show cause why he should not be

punished for contempt. The contempt proceedings

shall be conducted pursuant to the provisions of the

Rules of Court.

Section 33. Duty to Render Assistance to the Office

of the Ombudsman . — Any officer or employee of any

department, bureau or office, subdivision, agency or

instrumentality

of

the

Government,

including

government-owned

or

controlled

corporations

and

local governments, when required by the Ombudsman,

his

Deputy or the Special Prosecutor shall render

assistance to the Office of the Ombudsman.

Section

34. Annual Report . — The Office of the

Ombudsman

shall

render

an annual report of its

activities and performance to the President and to

Congress to be submitted within thirty (30) days from

the start of the regular session of Congress.

Section 35. Malicious Prosecution . — Any person who,

actuated by malice or gross bad faith, files a completely

unwarranted

or

false

complaint

against

any

government official or employee shall be subject to a

penalty of one (1) month and one (1) day to six (6)

months imprisonment and a fine not exceeding Five

thousand pesos (P5,000.00).

Section 36. Penalties for Obstruction . — Any person

who willfully obstructs or hinders the proper exercise of

the functions of the Office of the Ombudsman or who

willfully

misleads

or

attempts

to

mislead

the

Ombudsman, his Deputies and the Special Prosecutor

in replying to their inquiries shall be punished by a fine

of not exceeding Five thousand pesos (P5,000.00).

Section 37. Franking Privilege . — All official mail

matters and telegrams of the Ombudsman addressed

for delivery within the Philippines shall be received,

transmitted, and delivered free of charge: provided, that

such mail matters when addressed to private persons

or

nongovernment

offices

shall

not

exceed

one

hundred and twenty (120) grams. All mail matters and

telegrams sent through government telegraph facilities

containing

complaints

to

the

Office

of

the

Ombudsman

shall

be

transmitted

free

of charge,

provided that the telegram shall contain not more than

one hundred fifty (150) words.

Section 38. Fiscal Autonomy . — The Office of the

Ombudsman

shall

enjoy

fiscal

autonomy.

Appropriations for the Office of the Ombudsman may

not be reduced below the amount appropriated for the

previous

years

and,

after

approval,

shall

be

automatically and regularly released.

Section 39. Appropriations . — The appropriation for

the Office of the Special Prosecutor in the current

General Appropriations Act is hereby transferred to the

Office of the Ombudsman. Thereafter, such sums as

may be necessary shall be included in the annual

General Appropriations Act.

Section 40. Separability Clause . — If any provision of

this Act is held unconstitutional, other provisions not

affected thereby shall remain valid and binding.

Section 41. Repealing Clause . — All laws, presidential

decrees, letters of instructions, executive orders, rules

and regulations insofar as they are inconsistent with

this Act, are hereby repealed or amended as the case

may be.

Section 42. Effectivity . — This Act shall take effect after

fifteen (15) days following its publication in the Official

Gazette or in three (3) newspapers of general circulation

in the Philippines.

Approved: November 17, 1989.

RA

No

6981

|

Witness

Protection,

Security and Benefit Act

April 24, 1991

AN ACT PROVIDING FOR A WITNESS PROTECTION,

SECURITY AND BENEFIT PROGRAM AND FOR OTHER

PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled: :

Section 1. Name of Act. - This Act shall be known as the

" Witness Protection, Security and Benefit Act " .

Section

2.

Implementation

of

Program.

-

The

Department of Justice, hereinafter referred to as the

Department, through its Secretary, shall formulate and

implement a "Witness Protection, Security and Benefit

Program",

hereinafter

referred

to

as

the

Program,

pursuant to and consistent with the provisions of this

Act.

The

Department

may

call

upon

any

department,

bureau, office or any other executive agency to assist in

the implementation of the Program and the latter

offices shall be under legal duty and obligation to

render such assistance.

Section 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 in which his testimony will be used is a

grave felony as defined under the Revised Penal Code,

or its equivalent under special laws;

b) his testimony can be substantially corroborated in its

material points;

c) 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

d) 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 this Act.

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 complied with, it shall admit

said applicant to the Program, require said witness to

execute a sworn statement detailing his knowledge or

information on the commission of the crime, and

thereafter issue the proper certification. For purposes of

© Compiled By RGL

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