PROVIDING IMMUNITY FROM CRIMINAL PROSECUTION TO GOVERNMENT WITNESSES AND FOR OTHER PURPOSES

WHEREAS, reports of law enforcement agencies reveal that
activities of criminal elements in the country have become sophisticated,
diversified and widespread;

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;

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 or reprisal;

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 witnesses 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:

SECTION 1. As used in this Act, the following terms shall
mean or be interpreted and construed as hereunder defined:

1. ‘Witnesses’ shall refer to any person who, having organs of sense, can
   perceive, and perceiving, can make known his perceptions to others.
2. ‘Court’ shall refer to any military or civil court, quasi-judicial body or
   special court/tribunal.
3. ‘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.
4. ‘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.
5. 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.
6. 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.

SEC. 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.

SEC. 3. Whenever in the judgment of the state prosecutor,
fiscal, special counsel, investigator, or military lawyer, the testimony of any
witnesses, or the production of documents papers, books, records, writings or
other evidence by such witnesses in any case or proceedings before any court or
investigate 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 a penalty of at least prision mayor,
is absolutely necessary, and such witnesses has refused to testify or produce
the 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, taking into consideration the following:

1. The absolute necessity of the testimony of the witness and/or the production
   of documents, papers, books, records, writings, or other evidence so requested;
2. That there is no other direct evidence available for the proper prosecution
   of the offense committed, except the testimony of said witnesses and/ or the
   production of the documents, papers, books, records, writings, or other evidence
   so requested;
3. That the testimony of said witnesses or the other evidence requested can be
   substantially corroborated in its material points; and
4. The witnesses, if he is a 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 resolved 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.

SEC. 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.

SEC. 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.

SEC. 6. Whenever a witness in any case or proceeding before
any court, quasi-judicial body, special court/tribunal, or agency refuses to
comply with an 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 temporarily 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.

SEC.7. The Committee formed pursuant to this Decree shall
promulgate rules and regulations for the effective implementation hereof.

SEC.8. The provision of any law, decree, order, rule and
regulation inconsistent with the provisions of this Act are hereby or
modified.

SEC.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.

SEC. 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.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JOAQUIN T. VENUS, JR.
		Presidential Assistant