Witness Protection Program in the Judiciary Pushed

Mindanao lawmakers stressed the need to provide a witness protection program particularly for witnesses in anomalies in the judiciary.

Pending with the Committee on Justice is HB 3692 or the proposed “Act providing for a Witness Protection Program for witnesses in anomalies in the Judiciary” authored by Rep. Rufus B. Rodriguez (2nd District, Cagayan de Oro City) and Abante Mindanao Party-list Rep. Maximo B. Rodriguez, Jr.

“Considering the fact that the Judiciary, being a pillar of the government for its basic duty to administer justice, there is a need to curb corruption and other anomalies in that institution,” the authors said.

The lawmakers cited the Global Integrity 2007 and Transparency International’s Global Corruption Barometer 2007 report that citizens perceive the judiciary to be corrupt.

“The enormous backlog of cases furthers corrupt practices, and thus reinforces this image of the institution,” they said.

Explaining HB 3692, they said “judges have been known to take bribes in order to grant bail to litigants, even in cases where the law prohibits granting bail.”

“Citizens may also encounter other procedural irregularities in the courts which can give rise to corrupt behavior, such as lack of legal procedural knowledge, resulting in false charges,” they said.

Furthermore, the lawmakers lament that business confidence in the judicial system is not encouraging because of allegations of graft and corruption, as well as incompetence within the judiciary.

“Even in a decade ago, according to the World Bank & IFC Enterprise Survey Philippines 2003, approximately 15% of companies surveyed admit to bribing judges to influence verdicts,” the Cagayan de Oro City lawmaker noted.

Under HB 3692, “Any person who has witnessed or has knowledge or information on any anomaly in the Judiciary may be admitted into the program.”

But before a person is provided protection under this proposed Act, he/she shall first execute a memorandum of agreement which shall set forth his/her responsibilities.

These responsibilities include the following:
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 anomaly;
b) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him/her under this Act;
c) to comply with legal obligations and civil judgments against him/her;
d) to cooperate with respect to all reasonable requests of officers and employees of the government who are providing protection under this Act; and
e) to regularly inform the appropriate program official of his current activities and address.

Under the measure, substantial breach of the memorandum of agreement shall be a ground for the termination of the protection provided. But before terminating such protection, the IBP shall send notice to the person involved of the termination of the protection, stating the reason for such termination.

Under HB 3692, the Integrated Bar of the Philippines shall formulate and implement a program, pursuant to and consistent with the provisions of the proposed Act.

The proposed statute provides for, among others, confidentiality of proceedings, rights and benefits of witnesses, penalties for violations of the proposed Act, including harassment of witnesses.

The amount of P5-million is also authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the purpose of this Act.

Likewise, expenses incurred in the implementation of the program may be recovered as part of the cost or indemnity imposed upon the defendants, and other funding schemes or sources, subject to the limitations of the law, shall be allowed in furtherance of this Act.

SOURCE: Media Relations Service, Public Relations and Information Bureau