WHEREAS,
reports of law enforcement agencies reveal that activities of criminal
elements in the country have become sophisticated, diversified and
widespread;chanroblesvirtualawlibrary
WHEREAS, these activities have resulted not only in the wanton
destruction of lives and property, but have likewise weakened the
Nation's economic stability, threatened its security and undermined the
general welfare of its citizens;chanroblesvirtualawlibrary
WHEREAS, crime continues to grow due to, among other reasons, the
limited and inadequate system of evidence-gathering and the seeming
apathy and reluctance of the citizenry in testifying against criminal
elements for fear of reprisal; chanroblesvirtualawlibrary
WHEREAS, it is imperative to provoke the total involvement of the
citizenry in the campaign against these criminal elements by providing
immunity from criminal prosecution to any witness who shall give vital
information to the government concerning the existence, operation and
activity of such criminal elements, and to provide for a compulsory
process against uncooperative and recalcitrant witnesses.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the power in me vested by the Constitution, do hereby
order and decree the following:cralaw:red
Section 1. As used in this Act, the following terms
shall mean or be interpreted and construed as hereunder defined:cralaw:red
a) `Witness' shall refer to any person who, having
organs of sense, can perceive, and perceiving, can make known his
perceptions to others.
b) `Court' shall refer to any military or civil
court, quasi-judicial body or special court/tribunal. chanroblesvirtualawlibrary
c) `Agency' shall refer to any government agency,
instrumentality or body and/or officer of said agency, instrumentality
or body, which/who is legally authorized to perform investigation or
law enforcement functions, and to gather or receive information and/or
evidence in connection with such functions.
d) `Vital information' shall mean any information,
document, record, book, writing, or any other evidence, necessary to
build up the people's case and/or secure the conviction of criminals.
e) Organized/syndicated crime group including, but
not limited to, arson, robbery (hold-up), kidnapping for ransom,
prostitution, illegal recruitment, carnapping, smuggling and piracy,
cattle rustling, illicit drug trafficking, labor rackets, land title
rackets, manufacture and/or circulation of fake documents, license,
stamps, currencies and other government forms, counterfeiting and bank
frauds, consumer frauds and other illegal activities of such groups.
f) Organized/syndicated crime group — means a group
of two (2) or more persons collaborating, confederating or mutually
helping one another in the commission of any organized/syndicated crime.
Section 2. There is hereby created a Special
Committee to be composed of the Minister of National Defense, the
Minister of Justice, the Tanodbayan or their duly authorized
representatives, which shall exercise the function as hereinafter
provided for. The members of the Committee shall choose from among
themselves, the chairman who shall preside over its deliberations. The
unanimous vote of all the members of the Committee shall be required
for the issuance of an order under Section 3 hereof compelling a
witness to testify or to produce other evidence mentioned in said
Section, or to recommend to the President under Section 6 hereof the
arrest and confinement of a person refusing to comply with the
Committee's order for him to testify. All other decisions of the
Committee shall be by a majority vote. chanroblesvirtualawlibrary
Section 3. Whenever in the judgment of the state
prosecutor, fiscal, special counsel, investigator, or military lawyer,
the testimony of any witness, or the production of documents, papers,
books, records, writings or other evidence by such witness in any case
or proceedings before any court or investigative agency involving a
crime against national security or public order, as defined in the
Revised Penal Code, or a syndicated/organized crime as herein defined,
or any other crime punishable with penalty of at least prision mayor,
is absolutely necessary, and such witness has refused to testify or
produce other evidence by invoking his constitutional privilege against
self-incrimination, such state prosecutor, fiscal, special counsel,
investigator or military lawyer shall apply in writing to the Committee
for the issuance of an order enjoining such witness to testify or
produce such evidence, stating therein the reasons for the application.
The Committee, upon receipt of such application, shall, without delay,
resolve such application, taking into consideration the following:cralaw:red
a. The absolute necessity of the testimony of the
witness and/or the production of documents, papers, books, records,
writings, or other evidence so requested;chanroblesvirtualawlibrary
b. That there is no other direct evidence available
for the proper prosecution of the offense committed, except the
testimony of said witness and/or the production of the documents,
papers, books, records, writings or other evidence so requested;chanroblesvirtualawlibrary
c. That the testimony of said witness or the other
evidence requested can be substantially corroborated in its material
points; and
d. The witness, if he is suspect, respondent or
defendant in a case under investigation or filed in court, does not
appear to be the most guilty.
The Committee may summon the state prosecutor, fiscal, special counsel,
investigator or military lawyer making the application to clarify any
matter relative to the application or to further substantiate the same.
A resolution of the Committee denying the application shall be final
and unappealable. If the Committee resolves to grant the application,
it shall forthwith issue an order directing and compelling the witness
to testify and/or produce the other evidence so requested: Provided,
however, that no person shall be compelled to testify on matters
considered privileged under Sections 20 and 21, Rule 130 of the Revised
Rules of Court.
Section 4. A witness who, by virtue of an order
issued under the preceding Section, is compelled to testify or produce
documents, papers, books, records, writings, or other evidence, shall
enjoy immunity from criminal prosecution and cannot be subjected to any
penalty of forfeiture for any transaction, matter or thing concerning
that which he is compelled to do and/or testify in any proceedings,
except in the cases provided in Section 5 hereof.
Section 5. No witness shall be exempt from
prosecution for perjury or contempt committed while giving testimony or
producing evidence under compulsion pursuant to this Decree. chanroblesvirtualawlibrary
Section 6. Whenever a witness in any case or
proceeding before any court, quasi-judicial body, special order issued
by the Committee requiring him to testify or to produce documents,
papers, books, records, writings, and other evidence, the President,
upon recommendation of the Committee, may order his arrest and
confinement in any jail contiguous to the place of trial or
investigation until such time that the witness is willing to give such
testimony or produce such evidence. The witness so detained may request
a reconsideration of the President's order of arrest and confinement:
Provided, however, that the execution of the order shall not be stayed
by such request. The President may, before acting thereon, refer the
request to the Committee or to any of his staff before resolving the
same. A person ordered confined by the President shall not be allowed
temporary liberty on bail, provided, however, that the President may,
in his discretion, and under such terms and conditions as he may
impose, order his temporary release.
Section 7. The Committee formed pursuant to this
Decree shall promulgate rules and regulations for the effective
implementation hereof.
Section 8. The provision of any law, decree, order,
rule and regulation inconsistent with the provisions of this Act are
hereby repealed or modified.
Section 9. Separability clause. — The provisions of
this Decree are hereby declared to be separable, and in the event one
or more of such provisions are held unconstitutional, the validity of
other provisions shall not be affected thereby.
Section 10. This Act shall take effect upon approval.
Done in the City of Manila,
this 8th day of October, in the year of Our Lord, nineteen hundred and
eighty.
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