Intricacies of state witness laws

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?

- Atty. Josephus B. Jimenez

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.