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SOUTHEAST ASIA REGIONAL CONFERENCE ON ACCESS TO JUSTICE

SOUTHEAST ASIA REGIONAL CONFERENCE ON ACCESS TO JUSTICE. Discussion on Witness Protection. 1. By DR. PERSIDA V. RUEDA-ACOSTA Chief Public Attorney , Public Attorney’s Office Doctor of Social Development, CSWCD, UP- Diliman , Quezon City Senior Executive Fellow, Harvard Kennedy School

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SOUTHEAST ASIA REGIONAL CONFERENCE ON ACCESS TO JUSTICE

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  1. SOUTHEAST ASIA REGIONAL CONFERENCE ON ACCESS TO JUSTICE Discussion on Witness Protection 1

  2. By DR. PERSIDA V. RUEDA-ACOSTA Chief Public Attorney, Public Attorney’s Office Doctor of Social Development, CSWCD, UP-Diliman, Quezon City Senior Executive Fellow, Harvard Kennedy School Climate Reality Leader, The Climate Reality Project/The Climate Reality Leadership Corps Senior Fellow, Asian Public Intellectuals Fellowships Fellow, Salzburg Global Seminar Fellow, Japan Legal Aid Association International Visitor (IV), International Visitors Program of the United States of America Member, International Legal Aid Group Member, International Association of Bloodstain Pattern Analysts Member, International Corrections and Prisons Association 4th Placer, 1989 Philippine Bar Examinations 2

  3. Witness Protection, Security, and Benefit Program (WPSBP) • Established under Republic Act No. (R.A.) No. 6981 or the Witness Protection Security Act • R.A. No. 6981 - encourages a person who has witnessed or has knowledge or information of the commission of a crime to testify before a judicial or quasi-judicial body, or before any investigating authority, by protecting him from reprisals and from economic dislocation.1 • The WPSBP is formulated and implemented by the Department of Justice (DOJ). 1 Section 3, Republic Act No. 6981; Witness Protection and Security Program, accessed September 5, 2013, http://www.doj.gov.ph/witness-protection,-security-and-benefit-program.html 3

  4. Achievements “By the end of 2013, the total number of witnesses covered by the WPSBP increased to 580 or a 2.4% increase from the number of witnesses covered in 2012. In the same year, a conviction rate of 87.23% were obtained wherein out of 47 cases decided, 41 cases won.” (DOJ 2013 Annual Report p. 27) \4

  5. Best Practice Since 2012 • The WPSBP has leased and developed farm lands for conversion into witness colonies. • The products/proceeds derived therefrom can help address the basic needs of the witnesses. - DOJ 2013 Annual Report p. 27 5

  6. “While the Program endeavors to provide additional financial assistance to witnesses, it also aims to lessen their financial dependence on the government.” ( DOJ 2013 Annual Report p. 27) Challenge 6

  7. PAO: In need of its own Witness Protection Program • Most of the time - the beneficiaries of the current WPP in the Philippines are the witnesses for the prosecution. • Possible witnesses for theaccused choose not to disclose the information out of fear. 7

  8. PAO: In need of its own Witness Protection Program 2Republic Act No. 10071, accessed September 5, 2013, http://www.lawphil.net/statutes/repacts/ra2010/ra_10071_2010.html 8

  9. PAO: In need of its own Witness Protection Program 9

  10. PAO client under the WPP In the cases of Bonita Baran • The PAO is assisting and coordinating with the trial prosecutors. • Bonita is both the complainant and witness in her cases. Issues with the current WPP 10

  11. Bonita is under the current WPP. Challenges: Manning problem, budgetary constraints Issues with the current WPP 11

  12. Former WPP witness who became a PAO client – • Dennis Aranas, a witness in a murder case was found dead in jail located in the Southern part of the Philippines. • The Philippine National Bureau of Investigation said: Dennis died by asphyxia by hanging. Issues with the current WPP 12

  13. Dennis’s wife suspected that there was a foul play. • She requested legal assistance from the PAO and forensic evaluation on his death. • The PAO Forensic Team, led by its Director, Atty. Erwin P. Erfe, M.D. concluded: Dennis’s death was due to asphyxia by manual strangulation. Issues with the current WPP 13

  14. While the PAO entrusts Bonita’s safety to the WPP, the PAO wonders whether it was wise for the WPP to transfer Dennis to a regular detention center where he died. Issues with the current WPP 14

  15. Prisoner-witnesses: To whom they will turn to? – Inmates who want to testify • There is no clear policy as to whether or not they are qualified for the protection and benefits of the current WPP.4 Issues with the current WPP 4 Appendix: Reforms required to protect witnesses in the Philippines,” accessed September 5, 2013, http://www.humanrights.asia/resources/journals-magazines/article2/1001/appendix-reforms-required-to protect-witnesses-in-the-philippines 15

  16. Prisoner-witnesses: To whom they will turn to? – Inmates who want to testify Issues with the current WPP Major concern for the PAO: More or less 60% of the inmates are clients of PAO, and victims of torture (pursuant to R. A. No. 9475/Anti-Torture Law) can seek legal assistance from PAO 16

  17. Advocating for PAO’s Witness Protection Program The PAO actively attends the committee hearings and related activities relative to Senate Bill (S.B.) No. 425, entitled “An Act Providing For Protection, Security and Benefits of Whistleblowers. 17

  18. Advocating for PAO’s Witness Protection Program Philippine Senator Francis G. Escudero: “We are expanding the right of the whistleblower to choose which agency he wants to be admitted, which agency he is more comfortable with. The current witness protection law only empowers the Department of Justice (DOJ).”6 6 Matikas Santos, “Escudero files bill expanding protection of witnesses, whistleblowers,” accessed September 5, 2013, http://newsinfo.inquirer.net/465547/escudero-files-bill-expanding-protection-of-witnesses-whistleblowers 18

  19. Advocating for PAO’s Witness Protection Program • Under Senate Bill No. 425, the PAO is one of the implementing agencies which the witness or whistleblower could seek help and protection. • The bill has already been referred to the Technical Working Group of the Philippine Senate. • The PAO advocates to have its own witness protection program; separate from the current WPP under the DOJ. • Senate Bill No. 425 – only applicable to those who expose graft and corruption. 19

  20. Advocating for PAO’s Witness Protection Program The PAO wants to cater its legal services and protection to those who are witnesses for the accused in civil, criminal, labor, administrative, and other quasi-judicial cases as well as for the witnesses for other mandated clients of the PAO. 20

  21. Thank You! 21

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