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BY AYIN DREAM D. APLASCA
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Thursday, October 26, 2017
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HAVE you heard? One of the members of the Aegis Juris fraternity decided to avail himself of the Department of Justice’s (DOJ) offer of government protection. This means he is submitting himself to provisional acceptance to the Witness Protection Program. He is now considered a state witness.
As reported, the said member of the fraternity, together with his mother and lawyer, met with the Justice secretary and officials of the National Bureau of Investigation (NBI) on Tuesday and gave his testimony on what would-be-rookie fraternity member Atio Castillo went through that led to his death.
Was his admission enough for the government to consider his statement and to provide him with the necessary protection?
Here are some facts to help you understand the situation.
A state witness is a person charged with the commission of a crime but who is discharged with his consent so that he or she may be a witness for the State.
Section 9, Rule 119 of the Rules of Court provides for the requirements: “(a) there is absolute necessity for the testimony of the accused whose discharge is requested; (b) there is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused; (c) the testimony of said accused can be substantially corroborated in its material points; (d) said accused does not appear to be the most guilty; (e) said accused has not at any time been convicted of any offense involving moral turpitude.”
Once the motion to discharge is granted, the evidence in support shall automatically form part of the trial. This means the discharge is equivalent to an acquittal, unless the witness fails or refuses to testify later on.
As a state witness, he is entitled to all benefits under the Witness Protection Security and Benefit Program. The application is filed and approved by the DOJ.
The requirements are enumerated under Section 3 of Republic Act 6981 or the “Witness Protection, Security and Benefit Act.” It has the same requirements as provided in Section 9, Rule 119 of the Rules of Court. However, it has an additional requirement: “the offense in which the accused’s testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws.”
This program was being offered to Aegis Juris fraternity members. However, only one member decided to avail himself of the said offer. But I guess this is a welcome development so that justice may be served in a short period of time.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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