IMMUNITY OF WITNESS

1. Witness Immunity from Suit.

The Commission may grant immunity from prosecution to any person whose testimony
or whose possession of documents or other evidence is necessary or convenient to
determine the truth in any investigation conducted by it or under its authority involving
civil, political, economic, social or cultural rights. This immunity shall include the
corresponding criminal and administrative prosecution resulting from such, provided:

a) There is absolute necessity for the testimony of the witness;

b) There is no other direct evidence available to establish the involvement of the

principal and other offenders in the human rights violation case subject of the
investigation by the CHR, or under preliminary investigation by the Department of
Justice Prosecutorial Service or by the Office of the Ombudsman, or under trial before
competent fora, except the testimony of said witness;

c) The testimony of the witness can be substantially corroborated on its material points;

d) The witness, if named as a respondent in a human rights investigation or as

respondent in the corresponding administrative or civil case, or as an accused in a
criminal proceeding, does not appear to be the most culpable.

2. How immunity may be availed of

Witness immunity may be granted motu proprio by the Commission or upon application
of the concerned party. Provided, however, that in all cases, the concerned party shall
execute an affidavit reciting the substance of his/her proposed testimony and/or the
nature of the evidence in his/her possession, attaching thereto a written endorsement of
the Regional Director or Investigator or Lawyer handling the case.

3. Extent of immunity from suit.

The immunity granted shall extend to any statement or testimony that may be made by
the witness for the purpose of giving evidence. The statement or testimony may be
made in and out of court proceedings, in oral or written form, or on affidavit/s given by
the witness.

Such immunity from suit may be enjoyed even in cases where the information and
testimony are given against a person who is not the principal, but merely an accomplice
or accessory in the commission of the human rights violations complained of.

The participation and cooperation of said witness shall last until the case shall have
been finally adjudicated by the Commission and competent fora, to ensure that human
rights protection remedies and the ends of justice are served.
 4. Effects of immunity from suit.

The immunity granted to the witness shall amount to his/her absolution as respondent in

the human rights investigation conducted by the CHR, or his/her non-inclusion or

dismissal as a respondent in the corresponding administrative or civil suit, or as an
accused in the criminal case resulting from the human rights violation where he/she was
initially implicated.

The immunity granted shall also be a bar to future prosecution for the same offense, or
any similar offense or elements of such offense arising from the act or omission
constituting the human rights.

5. Limitations of immunity from suit.

The immunity shall not attach in the following cases:

a) The witness fails or refuses to testify in the proceedings conducted by the

Commission;

b) The information and/or testimony is false or malicious;

c) The information and/or testimony was made only for the purpose of harassing,
molesting, or in any way prejudicing the alleged perpetrator/s of human rights
violation/s.

6. Effects of perjury or false testimony.

In the event that the information given under oath by the witness granted immunity was
later on found to be false, fabricated, or designed to harass and falsely accuse the
espondents in the human rights case in consequent criminal and administrative cases,
e/she shall be immediately stripped of such immunity and the corresponding action for
perjury shall be taken against such witness, and the investigation of the human rights
case against him/her shall proceed. Further, if such witness has been admitted under
the CHR witness Protection Program, he/she shall be stripped of such benefits and
released from the CHR Witness Protection Program.

7. Admission to the CHR Witness Protection Program.

Once a witness has been granted immunity, he may be xli admitted to the CHR Witness
Protection Program in accordance with Rule 19.