WHEREAS,
reports from law enforcement agencies reveal that crimes against
National Security or Public Order and organized/syndicated crime in the
country are becoming sophisticated, diversified, and widespread; chanroblesvirtualawlibrary
WHEREAS, such criminal activities have resulted not only in the wanton
destruction of lives and properties but have likewise weakened the
Nation's economic stability, threatened its security and undermined the
general welfare of its citizens;chanroblesvirtualawlibrary
WHEREAS, said criminal activities continue to grow because of
inadequate evidence-gathering process of the law and the seeming apathy
of the citizens in testifying against entrenched and feared malefactors;chanroblesvirtualawlibrary
WHEREAS, there is an imperative need to neutralize crimes against
National Security or Public Order or organized/syndicated crime in this
country before they grow to unmanageable proportions by providing
rewards, incentives, protection and, in certain cases, immunity from
criminal prosecution to government witnesses, so that the total
commitment of our people on the side of law enforcement may be
encouraged.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following:cralaw:red
Section 1. Definition of Terms. — The following terms
shall mean and be understood/construed as follows: chanroblesvirtualawlibrary
a. Government — means the Republic of the
Philippines, any political subdivision, or any department, agency, or
instrumentality thereof.
b. Organized/Syndicated Crime — means any crime
committed by an 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.
c. 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.
d. Witness — shall refer to any person who, having
organs of sense, can perceive and, perceiving, can make known his
perception to others.
e. Vital information — shall mean any information,
document, book, writing or any other evidence necessary to build up to
the people's case and/or secure the conviction of criminals.
Section 2. Whenever in the judgment of the Minister
of National Defense testimony from, or willingness to testify by a
witness, would place in danger the witness' life or person, or the life
or person of a member of his family or household, the Minister of
National Defense, upon the recommendation of the Chief of the
Philippine Constabulary or the chief of any law enforcement agency, is
hereby authorized to:cralaw:red
a. Provide for the security of such witness who
testified/is willing to testify, or who provided/is willing to provide
a vital information leading to the arrest and/or prosecution of any
member of an organized/syndicated crime group or person who
participated in any organized/syndicated criminal activity, or in
crimes against national security and public order. chanroblesvirtualawlibrary
b. Purchase, rent or remodel protected housing
facilities and to otherwise offer to provide measures for the health,
safety, and welfare of such witnesses and potential witnesses and their
families. Any person availing himself of an offer by the Minister of
National Defense to use such facilities may continue to use such
facilities for as long as the Minister of National Defense determines
that there is danger to his life or his person.
c. Upon application of such witnesses, relocate
and/or provide new identities to them and their immediate members of
their families. For all legal purposes, such grant of new domiciles and
new identities as duly certified by the Minister of National Defense,
shall be valid and binding on all courts, ministries, agencies and
instrumentalities of the government as though acquired under the
provisions of existing law.
d. Grant monetary reward to any such witnesses in the
amounts hereinbelow provided:cralaw:red
(1) If the penalty imposable for the crime committed
is life imprisonment to death, the amount of the reward shall be
50,000.00 pesos;chanroblesvirtualawlibrary
(2) If the penalty imposable for the crime committed
is imprisonment of from twelve years and one day to twenty years, the
amount of the reward shall be 40,000.00 pesos;chanroblesvirtualawlibrary
(3) If the penalty imposable for the crime committed
is imprisonment of from six years and one day to twelve years, the
amount of the reward shall be 30,000.00 pesos ;chanroblesvirtualawlibrary
(4) If the penalty imposable for the crime committed
is imprisonment below six years and one day, the amount of the reward
shall be 25,000.00 pesos.
Section 3. Whenever in the judgment of the prosecutor
or fiscal the testimony of any witness, who is provided security by the
Minister of National Defense pursuant to Section 2 above, is necessary,
proper application for his production and appearance shall be filed
with the Ministry of National Defense.
Section 4. Any such informant or witness who shall
testify, or provide vital information, regarding the existence or
activity of a group involved in the commission of crimes against
national security or public order, or of an organized/syndicated crime
or crime group, and/or the culpability of the individual members
thereof in accordance with this Decree shall, upon recommendation of
the state prosecutor, fiscal or military lawyer, as approved by the
Minister of National Defense or the Minister of Justice, as the case
may be, be immune from criminal prosecution for his participation or
involvement in any such criminal activity which is the subject of the
investigation or prosecution, in addition to the benefits under Sec. 2
hereof: Provided, that, immunity from criminal prosecution shall, in
the case of a witness offering to testify, attach only upon his
actually testifying in court in accordance with his undertaking as
accepted by the state prosecutor, fiscal, or military lawyer: Provided,
further, that the following conditions are complied with:cralaw:red
a. There is absolute necessity for the testimony of
the witness and/or the information given by him regarding the existence
or activity of a group involved in crimes against national security or
public order or of an organized/syndicated crime or crime group, and/or
the culpability of individual members thereof;chanroblesvirtualawlibrary
b. That there is no other direct evidence available
for the proper prosecution of the offense committed, except such
testimony and/or such information given by him;chanroblesvirtualawlibrary
c. That such testimony or information can be
substantially corroborated in its material points; and
d. The witness, if he is a suspect, respondent or
defendant in a case either under investigation, or filed in court, does
not appear to be the most guilty. chanroblesvirtualawlibrary
Section 5. In all criminal cases, the fact of the
witness' entitlement to the incentives and other benefits provided for
in this Decree shall not be admissible in evidence to diminish or
effect his credibility.
Section 6. The Minister of National Defense and the
Minister of Justice are authorized to call directly on other
ministries, bureaus, offices and other instrumentalities or agencies of
the government, including government-owned or controlled corporations,
in the accomplishment of the above tasks.
Section 7. The amount of ten million pesos
(P10,000,000.00) is hereby appropriated out of any funds in the
National Treasury not otherwise appropriated to carry into effect the
provisions of this Decree.
Section 8. The Minister of National Defense and the
Minister of Justice shall jointly promulgate the necessary rules and
regulations to effectively implement the provisions of this Decree.
Section 9. All laws, rules and regulations which are
inconsistent with this Decree are hereby repealed and/or modified
accordingly.
Section 10. 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 11. This Act shall take effect upon its
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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