What if the state witness is the culprit?

By Alex P. Vidal

“Justice will overtake fabricators of lies and false witnesses.”—Heraclitus

CAN a thief turn over himself to authorities and incriminate himself by admitting to the theft but insist the stolen items are not on his possession?

One of the four accused in the twin murders that rocked Iloilo City on January 19, 2020 reportedly had applied for the Witness Protection Program (WPP) in the Department of Justice (DoJ).

Police Corporal Joseph Andrew Joven, released on June 7 pending his WPP application, had reportedly vowed to cooperate with authorities

in the broad daylight killings of Alan Muller, an alleged drug personality, and Delfin Britanico, a businessman and a son of former Banat Partylist Rep. Salvador “Buddy” Britanico.

Previously assigned to the Iloilo City Police Office (ICPO) Holding and Accounting Unit, Joven had been declared as AWOL or absent without official leave for his failure to appear when the ICPO ordered a random drug examination on all cops in the metropolis.

Another accused, Police Corporal Jerry Villanueva, assigned to the PNP Regional Personnel Holding and Accounting Unit (RPHAU) based in Camp Martin Delgado, Iloilo City, had been reportedly placed under restrictive custody.

 

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The National Bureau of Investigation (NBI)-Western Visayas has charged Joven, Villanueva, and two other John Does with murder.

Of the four, only Joven had applied for WPP.

As of this writing, it was not known yet whether his application was approved by the DoJ.

Already so many questions have swirled regarding Joven’s move to turn state witness.

What if he was the triggerman?

Was Muller’s killing “authorized”? (And could this be the reason why Joven wanted to turn state witness?)

Was Britanico killed only for being in the wrong place at the wrong time? (Probers have zeroed in on this angle.)

Did Joven “beat to the draw” fellow accused Villanueva in the WPP?

Will Villanueva back Joven or pin him down? If he will back Joven, against whom?

Initial investigations said the twin killings were related or were done by the same gunman or group of gunmen.

 

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According to the DoJ primer on the Witness Protection, Security and Benefit Program RA 6981–Witness Protection, Security and Benefit Act

Rule 119, Revised Rules of Criminal Procedure, below are some facts on how one can become a state witness, and how one can be admitted to the government’s Witness Protection, Security and Benefits Program.

1. Who is a state witness? A person charged with the commission of a crime but who is discharged with his consent so that he/she may be a witness for the State.
2. Who applies for the discharge of the state witness, and where is the application submitted? The prosecution submits to the court a motion for the discharge of the state witness.

Republic Act 6981 (the Witness Protection, Security and Benefit Act) also states that the Department of Justice (DOJ) can “petition the Court for [the accused’s] discharge in order that he can (be) utilized as State Witness.”

The court will direct the discharge of the accused after all requirements are met.

3. What are the requirements in order for an accused to be discharged as a state witness? Section 9, Rule 119 of the Rules of Court provides for the following requirements:

There is absolute necessity for the testimony of the accused.

There is no other direct evidence available for the proper prosecution of the offense committed, apart from the testimony of the accused.

The testimony of the accused can be substantially corroborated in its material points.

The accused does not appear to be the most guilty.

The accused hasn’t been convicted of any offense involving moral turpitude.

4. What is the procedure for discharging a person as a state witness? The prosecution should file a motion to discharge the accused as state witness with his consent.

The court will require the prosecution to present evidence and the sworn statement of the proposed state witness.

If the court is satisfied, it will discharge the state witness. But if the court denies the motion for discharge, the State can file a petition for certiorari.

5. What are the effects of the discharge? Evidence in support of the discharge shall automatically form part of the trial (unless the court denies the motion to discharge).

The discharge is equivalent to an acquittal, unless the witness fails or refuses to testify later on.

6. How can a state witness be admitted to the Witness Protection, Security and Benefits Program? While the application as state witness is the domain of the court, the application for admission in the program is filed to and approved by DOJ.

An application form may be obtained from the Witness Protection Security and Benefit Program Secretariat (at the DOJ building in Padre Faura, Manila) or from any Regional State Prosecutor.

7. What are the requirements in order for a state witness to be admitted in the program?

RA 6981 states the same requirements listed Section 9, Rule 119 of the Rules of Court (see #3 above), but adds another requirement:

The offense in which the accused testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws

8. Apart from the acquittal, what other benefits may a witness under the program receive?

-Security protection and escort services

-Secure housing facility

-Assistance in obtaining a means of livelihood.

-Reasonable traveling expenses and subsistence allowance while acting as a witness

-Free medical treatment, hospitalization and medicine for any injury or illness incurred or suffered while acting as a witness

-Burial benefits of not less than P10,000 if the witness is killed

-Free education from primary to college level for the minor or dependent children of a witness who dies or is permanently incapacitated

-Non-removal or demotion in work because of absences due to his being a witness, and payment of full salary or wage while acting as witness

(The author, who is now based in New York City, used to be the editor of two local dailies in Iloilo)