Many concerned Filipinos are asking how could such highly-controversial characters like the Discaya couple, Usec. Roberto Bernardo, district engineer Henry Alcantara, and assistant district engineer Brice Hernandez are being seriously considered to turn state witness? Are these people going to be allowed to go scot-free just like that?
It’s important that people be educated about the Witness Protection Program pursuant to Republic Act No 6981. People should know the rationale or the purpose of this program as enunciated by the law institutionalizing it.
It should be clarified that not all who want to avail of this program may be granted such a privilege. The Department of Justice has the power to approve or to deny. There are requirements that must be complied with. First, the applicant must have personal knowledge of the acts and omissions constituting the crime and has executed a sworn statement or testified under oath and is willing to become a witness for the prosecution. Second, he must not be the most guilty.
Third, that he, in connection with his knowledge of the offense, or any member of his family within the second civil degree of consanguinity 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.
The last requirement is that the witness isn’t a law enforcement officer, even if he would be testifying against the other law enforcement officers. In such a case, only the immediate members of his family may avail themselves of the prosecution provided for under this Act. RA 6981 provides that if the DOJ is convinced, after examination of said applicant and after looking at some other relevant facts, that the requirements of the law are fully complied with, the DOJ shall admit the said applicant to the Witness Protection Program. At that point, the witness shall be required to execute a sworn statement detailing his knowledge or information on the commission of the crime and issue the proper certification.
It’s explicitly provided under Section 4 of the said law that resource persons who testify as witnesses before the Senate or the House in investigations in aid of legislation may be admitted into the Witness Protection Program, if he or she so desires, and as recommended by the committee where the testimony was given. The committee recommendation to that effect should be approved by the Senate president or the speaker of the House as the case may be. Based on this specific provision, the Discayas, Bernardo, Alcantara, and Hernandez may be admitted as state witnesses.
The admitted witnesses should have, as a condition precedent, signed a memorandum of agreement containing his obligations, as follows: first, he should testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings in connection with or arising from the activities in the offense charged. Second, the witness should avoid committing any crime. Third, the witness should take all necessary precautions to avoid detection by others of the facts concerning the protection provided to him. Fourth, he or she should comply with legal obligations and civil judgments against the said witness.
Fifth, the witness must cooperate with respect to all reasonable requests of officers and employees of the government. Lastly, the witness should always keep the DOJ informed of his whereabouts and activities. It’s also important that the witness’s testimony is really essential to secure the conviction of the more guilty perpetrators of the crime and accused in the case. Also, when he or she is the most guilty, then admission to the program can be denied or withdrawn by the DOJ.
There’s also no assurance that the state witness can be 100% sure that he will not face other criminal and civil cases if and when the facts turn out to warrant a finding of guilt or bad faith. Being a state witness isn’t an absolute shield against prosecution and conviction. Neither is it a total and absolute protection against the retaliation of those who were adversely affected by the state witnesses’ testimony. It is still risky and extremely hazardous.
To become a state witness is to take hold of a double-edged sword. One edge may achieve one’s objectives. The other may not only harm or destroy his strategic goal but even hurt the persons involved in the administration of justice. Think about it. This is a highly-intricate nuance of law.