Article 85p. 85

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

SECTION 3. The Assistant Program Director. — The

Assistant

Program

Director

(APD)

shall

have

the

following powers and functions:

a. Assist the Program Director in the discharge of his

functions;

b. Recommend action to the Program Director on all

requests for cash advances and other disbursements

and liquidations;

c.

Review

reports

from

the

Evaluators

regarding

applications

for

coverage

under

the

Program,

confirmation of admissions by the Implementors and

recommend

action

to

be

taken

to

the

Program

Director;

d. Supervise and monitor the coverage of witnesses for

the

purpose

of

determining

whether

or

not

the

coverage shall be maintained or terminated;

e. Coordinate with other government agencies and

NGOs involved in the implementation of the Program;

f. Render periodic reports to the Program Director;

g. Prepare referrals of witnesses to various Departments

and agencies;

h. Coordinate with the Implementors regarding actions

on

the

coverage

of

witnesses

i.e. ,

admission,

confirmation,

extension,

termination,

monitoring of

cases and other matters, and render periodic reports

concerning these matters to the Program Director;

i. Prepare the necessary documents for WPP budget

presentation;

j. Review the grant of benefits and recommend action

to the Program Director; and

k. Perform such other functions and duties as may be

assigned by the Chief Implementor and/or Program

Director.

SECTION 4. The Regional Implementors (RI). — Each

region shall have an Implementor who shall exercise

the

following

powers

and

functions

within

his

jurisdiction:

a. Manage and supervise the Program, its personnel,

the witnesses and their dependents;

b. Recommend measures for effective implementation

of the Program;

c. In the exercise of his delegated authority, approve or

deny applications for coverage and termination;

d. Coordinate with other government agencies and civil

society

organizations

concerning

Program

implementation;

e. Recommend to the Program Director personnel

recruitment and disciplinary action;

f. Recommend to the Program Director approval of

contracts,

other

than

those

involving

day-to-day

operations;

g. Act as Special Disbursing Officer, unless the Chief

Implementor provides otherwise;

h. Monitor WPP cases and submit periodic reports to

the Program Director;

i. Direct prosecutors to expedite WPP cases and to

submit periodic reports; and

j. Perform such other functions and duties as may be

assigned by the Chief Implementor and/or Program

Director.

ARTICLE III Program Application

SECTION 1. Requirements. — Applicants for admission

to the Program must submit or comply with the

following:

A. Indispensable Requirements — Unless otherwise

provided in these Rules or by the Chief Implementor, no

application for admission to the Program shall be given

due course without the following:

1. Written application in such form as may be prescribed

by the Program

2. Sworn statement as defined in Section 5, Article I of

these Rules

3. Proof or Certificate of Compliance with R.A. No. 6981:

a. A witness defined in Section 1 (a), Article I of these

Rules may be admitted to the Program upon showing

that:

1.1 The offense in which his testimony will be used is a

grave felony;

1.2 His testimony can be substantially corroborated in its

material points;

1.3 He or any member of his family, within the second

civil degree of consanguinity or affinity, is subjected to

threats to his life or bodily injury or there is a likelihood

that he will be killed, forced, intimidated, harassed or

corrupted to prevent him from testifying, or to testify

falsely, or evasively, because or on account of his

testimony; and,

1.4 He is not a law enforcement officer, even if he would

be

testifying

against

the

other

law

enforcement

officers. In such a case, only the immediate members of

his

family may avail themselves of the protection

provided for under R.A. No.6981.

b. A state witness defined in Section 1 (b.1.), Article I of

these Rules may be admitted to the Program upon

showing that he has been discharged by the Court

pursuant to Section 17, Rule 119 of the Revised Rules of

Criminal Procedure.

c. A state witness defined in Section 1 (b.2.), Article I of

these Rules may be admitted to the Program upon

showing that:

1.1. There is absolute necessity for his testimony;

1.2. There is no other direct evidence available for the

proper prosecution of the offense committed, except

his testimony;

1.3. His testimony can be substantially corroborated in

its material points;

1.4. He does not appear to be the most guilty; and

1.5. He has not at any time been convicted of any

offense involving moral turpitude.

4. Memorandum of Agreement

5. Approval of application by Implementor

B.

Additional

Requirements

—

In addition to the

indispensable

requirements,

the

Implementor

may

require an applicant to submit any of the following as a

condition for his admission:

1. Resolution on the Preliminary Investigation; Report of

the Investigation; Information filed in Court; or, Order of

discharge as state witness;

2.

Medical,

psychological,

drug

test results of the

applicant or those to be placed in the temporary shelter

or safehouse;

3. Threat Assessment by Law Enforcement Agencies;

4. Income Tax Returns of the applicant;

5. Certification of Indigency of the applicant from

DSWD or barangay;

6. Court, Police and NBI Clearance of the applicant or

those who will be placed in the temporary shelter or

safehouse; and,

7. Other similar documents.

C. Legislative Investigation Witness Requirements — In

legislative investigations in aid of legislation, a witness

may be admitted into the Program upon showing that:

(1) he is recommended to be admitted to the Program

by the concerned Legislative Committee where his

© Compiled By RGL

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