R.A 6981
R.A 6981
6981
“Witness Protection, Security and Benefit Program Act”
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;
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 an
account of his testimony; and
d) he is not a law enforcement officer, even if he would be testifying against other law enforcement
officer. 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 this Act, any such person admitted to the Program shall be known as the Witness.
Sec. 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.
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.
Sec. 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:
• Sec. 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.
Sec. 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.
Sec. 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.
• Sec. 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.
• Sec. 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.
• Sec. 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 three thousand pesos (P3,000.00) or
suffer the penalty of perpetual disqualification from holding
public office in case of a public officer.
• Sec. 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.
• Sec. 19. Repealing Clause. - All laws, decrees, executive issuances, rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.
• Sec. 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 covered as
part of the cost or indemnity imposed upon the accused.
• Futhermore, other funding schemes or sources, subject to the limitations of
the law, shall be allowed in furtherance hereof.
• Sec. 22. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in two (2) newspapers of general circulation.
• RA 6981 was signed into law on 24 April 1991 by Pres. Corazon C.
Aquino
*RA 6981 is one of the much sought penal reform laws to help
government in its uphill fight against crime, one certain cause is the
reticence of witnesses to testify. For more effective administration of
criminal justice there was a necessity to pass a law protecting
witnesses granting them certain rights and benefits to ensure their
appearance in investigative bodies/courts (Hubert J.P. Webb vs. Hon.
Raul E. de Leon, 247 SCRA 652)
• DISCHARGE OF THE ACCUSED TO BE A STATE WITNESS UNDER RA
6981 distinguished from SECTION 17, RULE 119, RRC
Ruling: A careful reading of Sec. 3 &4 readily shows that these are
distinct and independent provisions.
It is true that the proviso in Sec. 3 (d) disqualifies law
enforcement officers from being admitted into the Program when they
“testify before any judicial or quasi-judicial body, or before any
investigating authority.” This is the general rule.
1. Art. XIII, Sec. 18 (8), 1987 Constitution which provides that the CHR shall have the
power to grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence necessary or convenient to determine the
truth in any investigation conducted by it or under its authority.
2. PD 749. Granting immunity from prosecution to givers of bribes and other gifts and to
their accomplices in bribery and other graft cases against public officers.
3. PD 1731. Providing for rewards and incentives to govt. witnesses and informants and
other purposes.
4. Sec, 28, RA 6646, “Electoral Reform Law of 1987”, provides that any person,
otherwise guilty under Sec. 28-Vote-buying and vote-selling, who voluntarily gives
information and willingly testifies on any violation thereof in any official investigation
or proceeding shall be exempt from prosecution and punishment for the offenses
with reference to which his information and testimony were given.
5. Section 17, RA 6770, the Ombudsman may grant immunity from criminal prosecution
to any person in any hearing, inquiry or proceeding being conducted by the
Ombudsman.
Thank you.