Article 84p. 84

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

REGULATIONS

OF

R.A.

NO.

6981,

ARE

HEREBY

PROMULGATED:

ARTICLE I Definition of Terms

SECTION 1. Witnesses. —

a. Witness — an individual who has personal knowledge

of

the

commission of a grave felony but has no

participation therein, directly or indirectly.

b. State Witness — an individual who has participated

in the commission of a grave felony and desires to be a

witness for the State and is qualified under Section 17,

Rule 119 of the Revised Rules of Criminal Procedure or

Section 10 of R.A. No. 6981.

b.1. A state witness under Section 17, Rule 119 of the

Revised

Rules

of

Criminal

Procedure

refers to an

individual discharged as an accused by the Court and

admitted into the Program.

b.2. A state witness under Section 10 of R.A. No. 6981

refers to: [a] a respondent who is included in the

criminal complaint, but is excluded from the criminal

information as determined by the Program; or, [b] an

accused admitted to the Program, but who has not

been discharged by the Court under Section 12 of R.A.

No. 6981.

c. Judicial or Quasi-Judicial Body Witness — a witness

admitted to the Program who is about to testify, is

testifying, or has testified relative to the commission of

a grave felony before any judicial or quasi-judicial body.

d. Investigative Authority Witness — a witness admitted

to the Program who is about to testify, is testifying, or

has testified relative to the commission of a grave

felony before any investigative authority.

e.

Legislative

Investigation

Witness

—

a

witness

admitted to the Program who is about to testify, is

testifying, or has testified in any legislative inquiry or

investigation in aid of legislation.

f.

Temporary

Shelter

Witness

(TSW)

—

a

witness

admitted to the Program who, for safety or security

reasons, is relocated to a Program's temporary shelter

or safehouse and is provided with round-the-clock

security protection.

g. Relocated Witness (RW) — a witness admitted to the

Program

who,

for

security

or

safety

reasons,

is

transferred from his residence, or place where he

usually

stays,

to

another

location,

other

than

a

Program's temporary shelter or safehouse, where the

level of threat is manageable, as determined by the

Implementor, and is provided with security protection

only while performing witness duties.

h. Outside Temporary Shelter Witness (OTSW) — a

witness admitted to the Program who refused to be

placed in a temporary shelter or safehouse of the

Program, or to be relocated, and who opts to stay or

reside in his place of preference.

i. Witness under the Custody of Other Government

Agencies — a witness who is under the protective

custody of other government agencies.

SECTION

2.

Program.

—

refers

to

the

Witness

Protection,

Security

and

Benefit

Program,

or

the

WPSBP or WPP for brevity.

SECTION 3. Grave Felony. — a crime to which the law

attaches a penalty of imprisonment above six (6) years

or a fine exceeding PHP6,000 (six thousand pesos).

SECTION 4. Memorandum of Agreement (MOA). — a

document executed by the witness setting forth his

duties and responsibilities to the Program, or such

other

terms

and

conditions

for

his

admission

or

continued coverage.

SECTION 5. Sworn Statement. — a written statement

under

oath

executed

by

an

individual

seeking

admission into the Program, disclosing in detail his

personal

knowledge

and/or

information

about

the

commission of a grave felony.

SECTION 6. Crime Involving Moral Turpitude. — a crime

which involves an act of baseness, vileness, depravity in

the private and social duties which a man owes his

fellow man, or to society in general, contrary to the

accepted

and

customary

rule

of

right

and

duty

between man and man, or conduct contrary to justice,

honesty, modesty and good morals.

SECTION 7. Witness Duty. — Witness duty includes:

a.

Duty

to

attend

and

testify

during

judicial

or

quasi-judicial

hearings,

or

investigative

body

investigations;

b. Duty to meet, confer, and cooperate with prosecutors

or investigating officers;

c.

Duty

to execute affidavits and undertakings or

produce evidence material and relevant to the criminal

investigation or prosecution of a grave felony.

A witness who is relocated to the Program's temporary

shelter or safehouse shall be deemed to be under

witness duty.

SECTION 8. Economic Dislocation. — refers to loss or

reduction of the income of a witness which renders him

incapable of providing for his and his family's daily

subsistence.

ARTICLE II Implementors of the Program

SECTION 1. The Chief Implementor. — The Secretary of

the

Department

of

Justice

(DOJ)

is

the

Chief

Implementor. The Chief Implementor shall have control

and supervision of the implementation of the Program

and shall exercise the following powers and functions:

a. Formulate WPP policies, guidelines and operational

frameworks;

b. Designate Program Implementors;

c. Approve or deny applications or recommendations

for admission to the Program;

d. Approve or deny applications or recommendations

for termination of coverage;

e. Review, confirm, reverse, affirm or modify actions

taken by Implementors; and

f. Exercise other powers and functions as may be

necessary

for

the

effective implementation of the

Program.

SECTION 2. The Program Director. — The Program

Director (PD) shall have the following powers and

functions:

a. Assist the Chief Implementor in the implementation

of the Program;

b. Effectively recommend to the Chief Implementor

WPP policies, guidelines and operational frameworks;

c. Execute Program policies and guidelines;

d. Manage the Program's over-all operations;

e.

Prepare

and

defend

the

Program's

budget

in

Congress;

f. Approve Program fund disbursements;

g.

Approve

recruitment,

movement, discipline and

dismissal of Program personnel;

h. Approve contracts and requests for supply and

equipment

purchases,

except

those

involving

day-to-day operations;

i. Authorize the Program's agents or security officers to

carry firearms; and

j. Perform such other functions and duties as assigned

by the Chief Implementor.

© Compiled By RGL

84 of 98