Witness Protection is defined as the protection of a threatened witness or any person involved in the justice system, including defendants and other clients, before, during and after trial, usually by police.
In insuring the protection of witnesses the Republic of the Philippines has established it under Republic Act. 6981, “ The Witness protection, Security and Benefit Act”, which seeks to encourage a person who has witnessed or has knowledge of the commission of a crime to testify before a court or quasi-judicial body, or before an investigating authority, by prosecuting him from reprisals and from economic dislocation.
In
the pursuance of justice great weight is given in the testimonies of
witnesses presented by both or one of the parties in a case. In some
instances the safety and wellbeing of the family and the witness is
put into question, in this instances the state has the duty to
provide for the protection of this witnesses and there family
members.
Witness
Protection is defined as the protection of a threatened witness or
any person involved in the justice system, including defendants and
other clients, before, during and after trial, usually by police.
In
insuring the protection of witnesses the Republic of the Philippines
has established it under Republic Act. 6981, “ The Witness
protection, Security and Benefit Act”, which seeks to encourage a
person who has witnessed or has knowledge of the commission of a
crime to testify before a court or quasi-judicial body, or before an investigation authority, by prosecuting him from reprisals and from
economic dislocation.
Section 3 of the Republic Act provides
for the criteria of those who can be admitted in the program after compliance with the requirements and evaluation by the Department of
Justice.
Persons qualified for the program are,
b) A witness in a congressional investigation, upon the recommendation of the legislative committee where his testimony is needed and with the approval of the Senate President or the Speaker of the House of Representatives, as the case may be.
c) A witness who participated in the commission of a crime and who desires to be a State witness provided: (Section 10)
(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;
(b) there is absolute necessity for his testimony;
(c) there is no other direct evidence available for the proper prosecution of the offense committed:
(d) his/her testimony can be substantially corroborated on its material points;
(e) he/she does not appear to be most guilty; and
(f) He/she has not at any time been convicted of any crime involving moral turpitude.
d)An accused who is discharged from an information or criminal complaint by the court in order that he may be a State witness.
This act also states those who are disqualifies being admitted in the Program as well as the benefits that will be given to the witness, as well as to their family members, during and after there discharge form the Program.
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