Article 83p. 83

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

used as a State Witness under Rule 119 of the Revised

Rules of Court.

Section 11. Sworn Statement. - Before any person is

admitted

into

the

Program

pursuant

to the next

preceding Section he shall execute a sworn statement

describing in detail the manner in which the offense

was committed and his participation therein. If after

said examination of said person, his sworn statement

and other relevant facts, the Department is satisfied

that the requirements of this Act and its implementing

rules are complied with, it may admit such person into

the Program and issue the corresponding certification.

If his application for admission is denied, said sworn

statement and any other testimony given in support of

said application shall not be admissible in evidence,

except for impeachment purposes.

Section 12. Effect of Admission of a State 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 discharge in order that he can

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 entitle such State

Witness to immunity from criminal prosecution for the

offense or offenses in which his testimony will be given

or used and all the rights and benefits provided under

Section 8 hereof.

Section 13. Failure or Refusal of the Witness to

Testify. - Any Witness registered in the Program who

fails or refuses to testify or to continue to testify without

just cause when lawfully obliged to do so, shall be

prosecuted

for

contempt.

If

he

testifies falsely or

evasively, he shall be liable to prosecution for perjury. If

a State Witness fails or refuses to testify, or testifies

falsely

or

evasively,

or

violates

any

condition

accompanying such immunity without just cause, as

determined in a hearing by the proper court, his

immunity shall be removed and he shall be subject to

contempt

or

criminal

prosecution.

Moreover,

the

enjoyment of all rights and benefits under this Act shall

be deemed terminated.

The

Witness

may,

however,

purge

himself

of the

contumacious acts by testifying at any appropriate

stage of the proceedings.

Section

14.

Compelled

Testimony.

- Any Witness

admitted into the Program pursuant to Sections 3 and

10 of this Act cannot refuse to testify or give evidence or

produce

books,

documents,

records

or

writings

necessary for the prosecution of the offense or offenses

for which he has been admitted into the Program on

the

ground

of

the

constitutional

right

against

self-incrimination but he shall enjoy immunity from

criminal prosecution and cannot be subjected to any

penalty or forfeiture for any transaction, matter or thing

concerning

his

compelled

testimony

or

books,

documents, records and writings produced.

In case of refusal of said Witness to testify or give

evidence or produce books, documents, records, or

writings,

on

the

ground

of

the

right

against

self-incrimination,

and

the

state

prosecutor

or

investigator believes that such evidence is absolutely

necessary for a successful prosecution of the offense or

offenses charged or under investigation, he, with the

prior approval of the department, shall file a petition

with the appropriate court for the issuance of an order

requiring

said Witness to testify, give evidence or

produce the books, documents, records, and writings

described, and the court shall issue the proper order.

The court, upon motion of the state prosecutor or

investigator, shall order the arrest and detention of the

Witness in any jail contiguous to the place of trial or

investigation until such time that the Witness is willing

to give such testimony or produce such documentary

evidence.

Section 15. Perjury or Contempt. - No Witness shall be

exempt

from prosecution for perjury or contempt

committed

while

giving

testimony

or

producing

evidence under compulsion pursuant to this Act. The

penalty next higher in degree shall be imposed in case

of conviction for perjury. The procedure prescribed

under Rule 71 of the Rules of Court shall be followed in

contempt proceedings but the penalty to be imposed

shall not be less than one (1) month but not more than

one (1) year imprisonment.

Section 16. Credibility of Witness. - In all criminal

cases, the fact of the entitlement of the Witness to the

protection and benefits provided for in this Act shall not

be admissible in evidence to diminish or affect his

credibility.

Section 17. Penalty for Harassment of Witness. - Any

person who harasses a Witness and thereby hinders,

delays, prevents or dissuades a Witness 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 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 or attempts to do so, shall be fined not

more than Three thousand pesos (P3,000.00) or suffer

imprisonment of not less than six (6) months but not

more than one (1) year, or both, and he shall also suffer

the penalty of perpetual disqualification from holding

public office in case of a public officer.

Section 18. Rules and Regulations. - The Department

shall promulgate such rules and regulations as may be

necessary to implement the intent and purposes of this

Act. Said rules and regulations shall be published in two

(2) newspapers of general circulation.

Section 19. Repealing Clause. - All laws, decrees,

executive issuances, rules and regulations inconsistent

with

this

Act

are

hereby

repealed

or

modified

accordingly.

Section 20. Funding. - The amount of Ten million pesos

(P10,000,000.00)

is

hereby

authorized

to

be

appropriated out of any funds in the National Treasury

not otherwise appropriated to carry into effect the

purpose of this Act.

Expenses

incurred

in

the

implementation

of

the

Program may be recovered as part of the cost or

indemnity imposed upon the accused.

Furthermore,

other

funding

schemes

or

sources,

subject to the limitations of the law, shall be allowed in

furtherance hereof.

Section 21. Separability Clause. - The declaration of

unconstitutionality or invalidity of any provision of this

Act shall not affect the other provisions hereof.

Section 22. Effectivity. - This Act shall take effect after

fifteen (15) days following its publication in two (2)

newspapers of general circulation.

Approved: April 24, 1991

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

© Compiled By RGL

83 of 98