State witnesses’ rights, benefits expanded

Published by rudy Date posted on August 11, 2012

The House of Representatives has approved on third and final reading a bill expanding the rights and benefits of prospective witnesses to help the authorities prosecute criminals and strengthen the administration of justice.

House Bill 5714 authored by Aurora Rep. Juan Edgardo Angara seeks to amend Republic Act 6981 otherwise known as “Witness Protection, Security and Benefit Act.”

The measure shall provide a secure housing facility and relocation to the witness and may be extended to any member of the family within the second degree of consanguinity.

The measure allows the witness to change his/her identity and physiological appearance without the need for a separate judicial order or administrative proceedings.

“To ensure the confidentiality of any proceedings and avoid disclosure of the identity of the witness, the Secretary of Justice may direct all concerned agencies to make the necessary entries in the respective registries,” the bill stated.

While in the temporary shelter provided by the program, the necessary medical attention, treatment, hospitalization and medicines needed for any injury or illness incurred or suffered by the Witness, including the spouse and minor or dependent children shall be at the expense of the Program.

The proposed law mandates the grant of free education from primary to college level in any state school, college or university to the witness’ minor or dependent children during the Witness admission to the Program and up to one year after the termination of his witness duty.

The witness duty shall include his/her attendance in court, body or authority where one is required as well as in conferences and interviews with prosecutors or investigating officers.

“A witness who is relocated to an accredited Witness Protection Security and Benefit Program (WPSBP) safehouse or temporary shelter shall be considered to be under witness duty,” the bill added.

To avail of the protection program, the witness shall enter into a memorandum of agreement with the Department of Justice (DOJ) which sets certain responsibilities, among others, not to communicate with any adverse party or negotiate for or enter into an amicable settlement on the civil or criminal aspect of the offense subject of the case and to comply with other conditions as the Secretary of Justice may deem proper to impose for the successful investigation or prosecution of the case. –Maricel Cruz, Manila Standard Today

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