PROVIDING FOR REWARDS AND INCENTIVES TO GOVERNMENT WITNESSES AND INFORMANTS AND OTHER PURPOSES.

• Number: Presidential Decree No. 1731
• Sections: 11

Preamble

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;

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 underlined the general

welfare of its citizens;

WHEREAS, said criminal activities continue to grow because

of the inadequate evidence-gathering process of the law and the seeming, apathy

of the citizens in testifying against entrenched and feared malefactors;

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 power in me vested by the Constitution do hereby

order and decree the following:

SECTION l. Definition of Terms. – The following

terms shall mean and be 'understood/ construed as follows:

Government – means the Republic of the Philippines, any political

subdivision, or any department, agency, or instrumentality thereof.

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 croups.

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.

Witness – shall refer to any person who, having organs of sense,

can perceive and, perceiving, can make known his perception to others.

Vital Informations – shall mean any information, document, book,

writing, or any other evidence necessary to build up the people's dase and/or

secure the conviction of criminals.

Section 2

SEC. 2. Whenever in the Judgement of the Minister of

National Defense testimony from, or a willingness to testify by a witness, would

place in danger the witness life or person, or the life or person of a merger 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:

Provide for the security of such witness who testified/ is willing to

testify, or who provided/is willing to provide 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.

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.

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 acquired under the

provisions of existing law.

Grant monetary reward to any such witnesses in the amounts hereinbelow

provided:

(1) If the penalty imposable for the crime committed is life imprisonment to

death, the amount of the reward shall be 50,000 pesos;

(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 pesos;

(3) If 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

pesos;

(4) If the penalty imposable for the crime committed is imprisonment below

six years shall be 25,000 pesos.

Section 3

SEC. 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 filled with the Ministry of National

Defense.

Section 4

SEC. 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

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 the 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:

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 the culpability of

individual members thereof;

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;

That such testimony or information can be substantially corroborated in its

material points; and

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.

Section 5

SEC 5. In all criminal cases, the fact of the witness1

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

SEC. 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

SEC. 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

SEC. 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

SEC. 9. All laws, rules and regulations which are

inconsistent with, this Decree are hereby repealed and/or modified

accordingly,

Section 10 Separability clause.

SEC. 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

SEC. 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.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JOAQUIN T. VENUS, JR.

Presidential

Assistant