What if the state witness is the culprit?

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

By Alex P. Vidal

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 double 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)

Bad timing

“Think of the earth as a living organism that is being attacked by billions of bacteria whose numbers double every forty years. Either the host dies, or the virus dies, or both die.”

—Gore Vidal

By Alex P. Vidal

INSTEAD of staying calm and enjoying the repackaged 2020 Dinagyang Festival, many sensitive Ilonggos are in a state of panic following the reported “arrival” from China of the deadly novel coronavirus.

The timing of this unique virus was bad; it’s a killjoy. 

It exploded in national consciousness at a time when many people will be mixing in the crowd to celebrate the feast of the infant Jesus in the month of January.

The same celebration is held annually in Cebu, Aklan, and other parts of the country where Senior Santo Nino is venerated.

During this celebration, many tourists and locals will make physical contacts with each other in whatever circumstance and breath approximately the same quality of air.

No one knows who came from China, or in places where the novel coronavirus is believed to have spread.

Thus the paranoia of those who will be in the large crowd during the festival is already at fever pitch.

Even if the country’s health officials couldn’t yet categorically confirm if this virus has already started to transfer from one human being to another, worries and fears have started to hound the Ilonggos.

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To exacerbate the horror, Department of Health (Doh) Undersecretary Eric Domingo announced on January 23 that the virus “has already gone to several countries so that (the) idea of international spread is no longer theoretical. There is a confirmed case in the US, which is farther (from China) and supposedly has lower risk. There is higher risk within the Asian region.”

Chinese authorities, meanwhile, had confirmed 571 cases of the novel coronavirus, or 2019-nCoV, by the end of Wednesday aside from a report earlier report of another 393 suspected cases.

Of eight known cases outside China, Thailand has confirmed four, while Japan, South Korea, Taiwan and the United States have reported one each.

Domingo added: “Realistically, the strategy now of WHO (World Health Organization) is really to make sure that when it does spread and when it happens, we’re able to isolate and contain the cases and manage them well.”

Flight attendants have been advised to closely observe passengers who appear to be ill. Only two airlines—Pan Air and Royal Air—have direct flights between Kalibo, Aklan and Wuhan, which began last year. 

The last flight from Wuhan to Kalibo arrived on Thursday morning, and all passengers were determined to be healthy.

The Civil Aviation Authority of the Philippines and the Philippine Ports Authority also said they were implementing stricter screening of travelers in coordination with the DOH and the Bureau of Quarantine (BOQ).

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Buddy Britanico Jr., oldest son of Banat Partylist Rep. Salvador Britanico and Dr. Lita Celestial, sent to me this statement on January 24:

BRITANICO AND LAO FAMILIES STATEMENT ON THE MURDER OF DELFIN BRITANICO

We the members of the Britanico and Lao families condemn the broad daylight shooting and murder of our dearest husband, father, son, brother and family member Delfin Celestial Britanico in Barangay Nabitasan, Lapaz, Iloilo City last Sunday, 19 January 2020.

Del was killed at the young age of 36 years old.

The families trust that the law enforcement agencies supported by the local and national government will catch those responsible for this gruesome act and swiftly bring them to justice.

We are appealing to those who have knowledge or information that may lead to the arrest of the perpetrators to share these with the law enforcement agencies and to mobile number Globe 09369181307

#JusticeForDel

Ilonggo: Kami nga himata sang familia Britanico kag Lao, amon gid ginakondenar ang pagluthang kag pagpatay kay Delfin Celestial sa Barangay Nabitasan, Lapaz, Iloilo sang nagligad nga Domingo, 19 Enero 2020.

Kami naga pangabay, sa sin-o man nga may nahibal-an ukon impormasyon para sa madasig nga pagdakop sa mga kriminal. Palihog lang ipalab-ot sa mga awtoridad kag sa telepono 09369181307.

Gapangadi kami sang lubos nga maangkon namon ang hustisya, kag sa may responsable sang makangilidlis nga krimen kabay pa nga mahatagan kamo sang gakaigo nga silot. #JusticeForDel

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