of the Philippines the criminal justice system is - Article 2

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(b) The Department shall, whenever practicable, assist the Witness in obtaining a means of livelihood. The Witness relocated pursuant to this Act shall be entitled to a financial assistance from the Program for his support and that of his family in such amount and for such duration as the Department shall determine. (c) In no case shall the Witness be removed from or demoted in work because or on account of his absences due to his attendance before any judicial or quasijudicial body or investigating authority, including legislative investigations in aid of legislation, in going thereto and in coming therefrom: Provided, That his employer is notified through a certification issued by the Department, within a period of thirty (30) days from the date when the Witness last reported for work: Provided, further, That in the case of prolonged transfer or permanent relocation, the employer shall have the option to remove the Witness from employment after securing clearance from the Department upon the recommendation of the Department of Labor and Employment. Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or wages corresponding to the number of days of absence occasioned by the Program. For purposes of this Act, any fraction of a day shall constitute a full day salary or wage. This provision shall be applicable to both government and private employees. (d) To be provided with reasonable traveling expenses and subsistence allowance by the Program in such amount as the Department may determine for his attendance in the court, body or authority where his testimony is required, as well as conferences and interviews with prosecutors or investigating officers. (e) To be provided with free medical treatment, hospitalization and medicines for any injury or illness incurred or suffered by him because of witness duty in any private or public hospital, clinic, or at any such institution at the expense of the Program. (f) If a Witness is killed, because of his participation in the Program, his heirs shall be entitled to a burial benefit of not less than Ten thousand pesos (P10,000.00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws. (g) In case of death or permanent incapacity, his minor or dependent children shall be entitled to free education, from primary to college level in any state, or private school, college or university as may be determined by the Department, as long as they shall have qualified thereto. Sec. 9. Speedy Hearing or Trial. — In any case where a Witness admitted into the Program shall testify, the judicial or quasi-judicial body, or investigating authority shall assure a speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing of the case. Sec. 10. State Witness. — Any person who has participated in the commission of a crime and desires to be a witness for the State, can apply and, if qualified as determined in this Act and by the Department, shall be admitted into the Program whenever the following circumstances are present: (a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws; (b) there is absolute necessity for his testimony; (c) there is no other direct evidence available for the proper prosecution of the offense committed: (d) his testimony can be substantially corroborated on its material points; (e) he does not appear to be most guilty; and 184 article 2 • February 2007 Vol. 6, No. 1
(f) he has not at any time been convicted of any crime involving moral turpitude. An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so that he can be used as a State Witness under Rule 119 of the Revised Rules of Court. Sec. 11. Sworn Statement. — Before any person is admitted into the Program pursuant to the next preceding Section he shall execute a sworn statement describing in detail the manner in which the offense was committed and his participation therein. If after said examination of said person, his sworn statement and other relevant facts, the Department is satisfied that the requirements of this Act and its implementing rules are complied with, it may admit such person into the Program and issue the corresponding certification. If his application for admission is denied, said sworn statement and any other testimony given in support of said application shall not be admissible in evidence, except for impeachment purposes. Sec. 12. Effect of Admission of a State Witness into the Program. — The certification of admission into the Program by the Department shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or information and if included therein, to petition the court for his discharge in order that he can utilized as a State Witness. The Court shall order the discharge and exclusion of the said accused from the information. Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which his testimony will be given or used and all the rights and benefits provided under Section 8 hereof. Sec. 13. Failure or Refusal of the Witness to Testify. — Any Witness registered in the Program who fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so, shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable to prosecution for perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any condition accompanying such immunity without just cause, as determined in a hearing by the proper court, his immunity shall be removed and he shall be subject to contempt or criminal prosecution. Moreover, the enjoyment of all rights and benefits under this Act shall be deemed terminated. The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings. Sec. 14. Compelled Testimony. — Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot refuse to testify or give evidence or produce books, documents, records or writings necessary for the prosecution of the offense or offenses for which he has been admitted into the Program on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for any transaction, matter or thing concerning his compelled testimony or books, documents, records and writings produced. In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or writings, on the ground of the right against selfincrimination, and the state prosecutor or investigator believes that such evidence is absolutely necessary for a successful prosecution of the offense or offenses charged or under investigation, he, with the prior approval of the department, shall file a petition with the appropriate court for the issuance of an order requiring said Witness to testify, give evidence or produce the books, documents, records, and writings described, and the court shall issue the proper order. article 2 • February 2007 Vol. 6, No. 1 185
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Vol. 6, No. 1 February 2007 ISSN 18
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Contents SPECIAL REPORT: THE CRIMIN
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Burma. But where are these laws fou
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The ALRC is acutely aware that thes
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The criminal justice system of the
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When Alberto Yadan (story 12) was m
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A Statement by the Asian Human Righ
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the policemen who killed Baria afte
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In his 21 February 2007 comments on
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sufficiently adept at creating lawl
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In his letter, Chief Superintendent
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cannot excuse themselves of their f
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Rotten to the core: Unaddressed kil
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Prof. Jose Ma Cui: Shot dead in cla
Page 35 and 36:
Later, the village chief, Carlito C
Page 37 and 38:
Jesus Servida: Killed for the union
Page 39 and 40:
Roderick Aspili: Shot dead watching
Page 41 and 42:
professors at the Eastern Samar Sta
Page 43 and 44:
a fresh investigation for this purp
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Badilla, Palawan.... jurisdiction,
Page 47 and 48:
Bishop Ramento also openly opposed
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Napoleon Bautista: Abducted, tortur
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The perpetrators questioned Pastor
Page 53 and 54:
Eladio Dasi-an: Gunned down on way
Page 55 and 56:
However, Fr. Geremia was informed t
Page 57 and 58:
Noel Capulong: Shot and killed afte
Page 59 and 60:
Jose Doton: Tailed and shot on moto
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one of the gunmen came close to the
Page 63 and 64:
Enrico had just finished a meeting
Page 65 and 66:
After several questions, the police
Page 67 and 68:
Elpidio de la Victoria: No empty th
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Amante hid behind a tree some 70 me
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Melanio Evangelista: Murdered in be
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found surrounding the house. That e
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Jose Manegdeg: Same job, new victim
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the spot. Those who were seriously
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Diosdado Fortuna: “Is there anybo
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Dacut and a companion were on their
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On October 1, 2004, 327 farm-worker
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The AHRC highlighted the case in a
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The couple had left Padre Burgos at
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It has also been learned that altho
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with rifles and the others had .45-
Page 93 and 94:
They warned that they would be shot
Page 95 and 96:
of the 7th Infantry Division, gave
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unnecessarily delayed. Like other l
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wore civilian clothes. The men’s
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companion, Rahim, after Ed’l Fit
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that the remaining equipment of the
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esidents about the noise from the c
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following us?” He replied, “Ban
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The victims, represented by six law
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The absence of a law on torture mea
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to the detachment, where he was fur
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While it is acknowledged that there
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Fr. Rolando de Leon: Church service
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suggestions from the victims’ fam
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police who initially conducted the
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While the constitution guarantees t
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Take the case of 11 persons, two of
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The Philippines is a signatory to t
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3. The strengthening of agencies fo
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permit outside scrutiny, and a very
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conviction before one can conclude
Page 135 and 136: (c) The need to restore accountabil
Page 137 and 138: Appendix II: The Melo Commission Re
Page 139 and 140: More importantly, it is also undisp
Page 141 and 142: 5. TFU did not investigate Gen. Pal
Page 143 and 144: 5. Reaction to Gen. Palparan’s st
Page 145 and 146: ... 21. Summary/Notable Matters: a.
Page 147 and 148: My order to my soldiers is that, if
Page 149 and 150: No witness came forward to testify
Page 151 and 152: It being well-nigh obvious that som
Page 153 and 154: (b) With respect to superior and su
Page 155 and 156: Likewise, the utterance of statemen
Page 157 and 158: towards the greater ideals of democ
Page 159 and 160: There should be no requirement that
Page 161 and 162: Even assuming that these victims an
Page 163 and 164: esponding to ensure their protectio
Page 165 and 166: provided in all cases where require
Page 167 and 168: homicide against Buisan. We were in
Page 169 and 170: uniformed policemen, reportedly fro
Page 171 and 172: for fear of the lives due to contin
Page 173 and 174: members of the armed forces, police
Page 175 and 176: For the time being we must withhold
Page 177 and 178: The activists and leaders facing th
Page 179 and 180: 7. The national information agency
Page 181 and 182: 8. Retract statement justifying kil
Page 183 and 184: 5. Questionable evidence The police
Page 185: knowledge or information on the com
Page 189 and 190: Appendix V: Online Petition— Stop
Page 191 and 192: article 2 • February 2007 Vol. 6,
Page 193 and 194: The State party should ensure that
Page 195 and 196: Other special reports published in
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