MANILA, Philippines - The administration of the witness protection program (WPP) should remain with the Department of Justice (DOJ) and not be transferred to the lower courts, according to Senate President Franklin Drilon.
“They are the ones who know the requirements for a successful prosecution under our law,” Drilon said, referring to DOJ prosecutors and lawyers.
He was reacting to a proposal from Deputy Speaker Sergio Apostol who argued that letting the courts administer the WPP would help insulate the program from politics.
But Drilon stressed there are standards that the DOJ has to follow in enrolling a witness into its WPP and that “politics is definitely not a consideration.”
“The primary considerations are the relevance of the testimony and the threat to the life of the state witness. Politics does not and should not play any role in determining who qualifies as state witness,” the Senate president said.
A former justice secretary, Drilon noted that the WPP has been an effective government mechanism for administering justice in the country.
“It is the duty of the DOJ, being the lead prosecutor, to gather credible witnesses who have knowledge about the crimes committed. But to persuade a witness to speak out is not an easy task,” he said.
“It is where the WPP plays an important role because it is being used by prosecutors to convince a witness to testify against a criminal offender,” he added.
“The WPP is a factor that convinces witnesses to cooperate with the DOJ in its duty to prosecute criminal offenders and provide justice. It is also therefore the obligation of the DOJ to give 24-hour protection to the lives of state witnesses and provide for their needs while they are in government’s custody,” he pointed out.
Justice Secretary Leila de Lima earlier called Apostol’s proposal illogical.
“Prosecution is indubitably an executive function. It’s therefore quite illogical and unwarranted to divest the executive, through the DOJ, of the powers and prerogatives relating to WPP,” De Lima said.
Yes to special division
Meanwhile, the executive director of the Transparency and Accountability Network has started an online petition asking the Supreme Court to designate a special division to hear the cases filed in connection with the pork barrel fund scam
“Compelling reasons and the interest of justice require the designation of a special division for the PDAF (priority development assistance fund) cases,” read the petition started by Vincent Lazatin.
According to Lazatin, a special division in Sandiganbayan is needed “because of the historic and unprecedented nature of the PDAF cases which are imbued with public interest.”
“These are high profile corruption cases involving some of the highest and most powerful people in the country. They deserve a special division that will try the cases continuously and without unnecessary delay,” he added.
Three sets of plunder and graft cases have already been filed by the ombudsman before the Sandiganbayan.
The cases against Sen. Bong Revilla and his co-accused have since been raffled to the first division, while the third division handles the cases against Sen. Juan Ponce Enrile. The fifth division handles the cases against Senator Jinggoy Estrada.