Witness Protection, Security and Benefit Act (Republic Act 6981)

When the Supreme Court of the Philippines acquitted Hubert Webb and six others on the Vizconde massacre, I cannot help but analyze on what can possibly happen to those witnesses who testified in court regarding the Vizconde Massacre and admitted to the Witness Protection Program under Republic Act 6981.

Should the legislative department subsequently compel the Witnesses involved to shed light on what they have testified to determine whether or not perjury has been committed? Scrutinizing Section 4 of Republic Act 6981 would reveal the powers of the Legislative Department in case of legislative investigations in aid of legislation. However, the specific provision only applies in cases where the Witness has not yet been admitted to the Witness Protection Program and a necessary recommendation by the legislative department shall be required for purposes of admission of the Witness under said Witness Protection Program.

Who has the authority to terminate protection of a Witness under the Witness Protection Program? Section 15 of RA 6981 states: "No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this Act. x x x. 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." Accordingly, witnesses covered under the Witness Protection Program must be convicted of perjury or contempt, of which our judicial courts have the authority to determine the same.

The Department of Justice has the power to implement and enforce RA 6981. Accordingly, substantial breach of the Memorandum Agreement by the Witness under the Witness Protection Program shall be a ground for termination of the protection. In other words, the Secretary of Justice has the authority to terminate the protection of Witnesses covered under the Witness Protection Program, provided that there is a finding of substantial breach of the Memorandum of Agreement covered under the Program.

Under Section 5 of RA 6981, before a person is provided protection under the Program, 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;

(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; and

(f) to regularly inform the appropriate program official of his current activities and address.

Violation of the Memorandum of Agreement in conjunction with Section 5 of RA 6981 should be supported by substantial evidence to that effect.