Article 82p. 82

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

this Act, any such person admitted to the Program shall

be known as the Witness.

Section 4. Witness in Legislative Investigations. - In

case of legislative investigations in aid of legislation, a

witness, with his express consent, may be admitted into

the

Program

upon

the

recommendation

of

the

legislative committee where his testimony is needed

when

in

its

judgment there is pressing necessity

therefor:

Provided,

That

such

recommendation

is

approved by the President of the Senate or the Speaker

of the House of Representatives, as the case may be.

Section 5. Memorandum of Agreement With the

Person to be Protected. - Before a person is provided

protection under this Act, he shall first execute a

memorandum of agreement which shall set forth his

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 the crime;

c) to take all necessary precautions 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; and

f) to regularly inform the appropriate program official of

his current activities and address.

Section

6.

Breach

of

the

Memorandum

of

Agreement. - Substantial breach of the memorandum

of agreement shall be a ground for the termination of

the

protection

provided

under

this

Act:

Provided,

however, That before terminating such protection, the

Secretary of Justice shall send notice to the person

involved of the termination of the protection provided

under this Act, stating therein the reason for such

termination.

Section

7.

Confidentiality

of

Proceedings.

-

All

proceedings involving application for admission into

the Program and the action taken thereon shall be

confidential in nature. No information or documents

given or submitted in support thereof shall be released

except upon written order of the Department or the

proper court.

Any person who violates the confidentiality of said

proceedings shall upon conviction be punished with

imprisonment of not less than one (1) year 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.

Section 8. Rights and Benefits. - The witness shall

have the following rights and benefits:ITC-ALF

(a) To have a secure housing facility until he 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 may

be extended to any member of the family of the

Witness within the second civil degree of consanguinity

or affinity.

(b) 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

support and that of his family in such amount and for

such duration as the Department shall determine.

(c) In no case shall the Witness be removed from or

demoted

in

work

because

or

on

account

of

his

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

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.

Any Witness who failed to report for work because of

witness duty shall be paid his equivalent salaries or

wages corresponding to the number of days of absence

occasioned by the Program. 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

testimony

is required, as well as conferences and

interviews with prosecutors or investigating officers.

(e)

To

be

provided

with

free

medical

treatment,

hospitalization and medicines for any injury or illness

incurred or suffered by him because of witness duty in

any private or public hospital, clinic, or at any such

institution at the expense of the Program.

(f) If a Witness is killed, because of his participation in

the Program, his heirs shall be entitled to a burial

benefit

of

not

less

than

Ten

thousand

pesos

(P10,000.00) from the Program exclusive of any other

similar benefits he may be entitled to under other

existing laws.

(g) In case of death or permanent incapacity, his minor

or

dependent

children

shall

be

entitled

to

free

education, 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.

Section 9. Speedy Hearing or Trial. - In any case where

a Witness admitted into the Program shall testify, the

judicial or quasi-judicial body, or investigating authority

shall assure a speedy hearing or trial and shall endeavor

to finish said proceeding within three (3) months from

the filing of the case.

Section 10. State Witness. - 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 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 testimony;

(c) there is no other direct evidence available for the

proper prosecution of the offense committed:

(d) his testimony can be substantially corroborated on

its material points;

(e) he does not appear to be most guilty; and

(f) he has not at any time been convicted of any crime

involving moral turpitude.

An accused discharged from an information or criminal

complaint by the court in order that he may be a State

Witness pursuant to Section 9 and 10 of Rule 119 of the

Revised Rules of Court may upon his petition be

admitted to the Program if he complies with the other

requirements of this Act. Nothing in this Act shall

prevent the discharge of an accused, so that he can be

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