I Organizational Setup of Philippine Witness Protection Program

I. Organizational Set-up of Philippine Witness Protection Program �WPP is implemented and administered by the Department of Justice. �The Secretary of Justice is the chief implementor of the WPP, but the day to day affairs of the program is managed by a Program Director.

Department of Justice WPP Program Director Prosecution Service

Advantages of the Present Set-Up Ensures full cooperation between WPP and the Prosecution b) Facilitates admission into the Program and resolution of disputes in the admission of witnesses c) WPP can establish its own security apparatus independent of the Police, Army or other Law enforcement agencies a)

�The Department of Justice through the Secretary of Justice may call upon any bureau, office or any other executive agency to assist in the implementation of the WPP and the latter offices shall be under legal duty and obligation to render such assistance (Section 2 of WPP Law)

�THE PHILIPPINES HAS ONLY ONE WITNESS PROTECTION PROGRAM Ø avoids destructive competition between programs Ø Prevents forum shopping Ø promotes uniformity and standardization in the grant of benefits and coherence in policy setting Ø avoids splitting/dispersal of government meager resources

II. Admission into the Program a) Witnesses – any person(a) who has witnessed or has knowledge or information on the commission of the crime; (b) whose testimony can be corroborated in its material points; and (c) that he or any member of his family is subjected to threats to his life or bodily injury on account of his testimony, or there is a possibility that he may be corrupted to prevent him from testifying or to testify falsely or evasively.

�Only witnesses may be admitted into the program �A victim of a crime can be admitted only if he is a witness to the crime of which he is a victim ØBut victims of crimes who are not witnesses may be entitled to police protection, if subjected to threats, but not under the WPP ØHe is also entitled to victim compensation under another law, but not under WPP

�Police informants can be covered admitted into the Program only if they testify �Law enforcement personnel, judges and prosecutors are not entitled to protection under the WPP Ø Risks of death and harm are associated with their job. Ø They should assume the associated risks Ø May be entitled to police protection but not under WPP.

b) Justice Collaborators State Witnesses or Ø Person who is a participant to the commission of a crime and is testifying against his co -accused or co-participants

�Requisites for admission under the WPP of justice collaborators (a) there is absolute necessity for his testimony (b) his testimony can be corroborated in its material points. (c) does not appear to be the most guilty (d) must not have been previously convicted of crime involving moral turpitude (e) There must be threat to his life or any member of his family on account of his testimony.

III. Offenses/Crimes that may be Covered Under the Program �All Grave Offenses – offense punishable more than six years of imprisonment.

IV. At what point/stage of the criminal proceeding a Witness may be admitted into the Program While he is testifying; b) He has testified; or c) About to testify ; -before any judicial or quasijudicial bodies, or before any investigating authority. a)

V. Effects of Admission into the Program The witness is entitled to: a) Physical Protection Ø Security Protection Ø Relocation b) Moderate Financial Assistance Ø intended for support and subsistence of witness and his family Ø It is not intended as a reward for testifying

c) Change in Identity change of name and other personal circumstances Ø Change of physical appearance Ø d) For justice collaborators/ State Witnesses, they are entitled to immunity from prosecution for the offense in which his testimony is to be given. Ø Immunity granted is absolute

VI. Challenges 1) WPP PROVIDES ONLY PHYSICAL PROTECTION TO WITNESSES. Procedural or evidentiary protection such as video conferencing, shielding of witness and anonymous testimony are unavailable. � accused is granted the constitutional right to meet the witnesses against him face to face �

2) RELOCATION IS LIMITED TO LOCAL RELOCATION. � intercountry relocation is desired 3) IN ADMISSION OF JUSTICE COLLABORATORS, FINDING THE ONE WHO IS NOT THE MOST GUILTY IS A CHALLENGE �In conspiracy, the act of one is the act of all, and all participants have the same degree of culpability

4)CHANGE OF IDENTITY �Our existing procedure allows only a change of name, in a public and judicial proceedings �No existing procedure on how to avail of change in physical appearance

End. THANK YOU.