Article 86p. 86

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

testimony is needed; (2) The recommendation of the

concerned Legislative Committee is duly approved by

the Senate President or by the Speaker of the House of

Representatives, as the case may be; and, (3) he has

submitted a duly accomplished application form.

SECTION 2. Where to File. — Applications for admission

to the Program may be filed in the following:

a. Regional Implementor's Office

b. WPP Central Office in Manila

SECTION 3. Processing of Applications. —

a. As soon as the application accompanied by the

supporting requirements (hereafter collectively called

"application

records")

are

filed,

they

shall

be

immediately placed in a folder conspicuously marked

"confidential", docketed and, without delay, forwarded

to the Implementor for assignment to an Evaluator.

b. Upon receipt of the application records, the Evaluator

shall immediately examine the same and, if necessary,

interview the applicant. Unless the Implementor or

Program

Director

requires

a

shorter

period,

the

Evaluator within two (2) days from the interview, which

shall be completed within twenty (24) hours, shall

submit his recommendation to the Implementor.

c.

The

Implementor

shall

act

on

the

Evaluator's

recommendation immediately upon receipt thereof

and shall notify in writing the applicant of any action

taken thereon.

d. In the event the Implementor decides to admit the

applicant, he shall require the applicant to execute a

MOA.

e.

Any

action

taken

by

the

Implementor

on the

application shall be final, without prejudice to the Chief

Implementor's power of review. For this purpose, all

approved

applications

shall

be

forwarded

to

the

Program's Central Office within three (3) days from

approval.

f.

Applicants

whose

applications

are

denied

or

witnesses

whose

coverage

are

terminated

by

Implementors, may appeal to the Chief Implementor

within fifteen (15) days from receipt of the notice of

denial of their application and/or termination of their

coverage on the ground of grave abuse of discretion on

the part of the Implementor.

ARTICLE IV Effectivity of Admission

Witnesses are deemed admitted to the Program upon

the issuance of a Certificate of Admission and Coverage

by the Implementor.

ARTICLE V Types of Admission

SECTION 1. Regular Admission. — A witness who has

submitted

or

complied

with

all

indispensable

requirements and such other additional documents

required by the Implementor, and whose application

has been approved, shall be granted regular admission.

SECTION 2. Provisional Admission. — A witness who has

complied

with

all

indispensable

requirements

for

admission,

but

lacks

the

additional

requirements

required

by

the

Implementor,

may

be

granted

provisional or conditional admission.

A state witness defined under Sec. 1 (b.2. [b]), Article I of

these Rules who has not been discharged by the Court,

may be granted provisional admission. Such provisional

admission shall become regular upon submission of

the Order of discharge by the Court.

ARTICLE VI Memorandum of Agreement

SECTION 1. Nature. — A Memorandum of Agreement

(MOA) is not a contract, but an undertaking which

primarily describes what the witness should do or not

do while he is under the Program's coverage.

SECTION 2. Obligations of Witnesses. — Before a person

is admitted to the Program, he shall execute a MOA

which shall set forth his duties and responsibilities to

the Program and such other terms and conditions for

his

admission

or

continued

coverage

which

shall

include, among others, the following:

a) to testify before, and provide information to, all

appropriate law enforcement officials concerning all

appropriate proceedings in connection with, or arising

from, the activities involved in the offense charged;

b) to avoid the commission of a crime;

c) to take all necessary precautions for his own security

and to avoid detection by others of the facts concerning

the protection provided him under this Act;

d) to comply with legal obligations and civil judgments

against him;

e) to cooperate with respect to all reasonable requests

of officers and employees of the Government who are

providing protection under this Act;

f) to regularly inform the appropriate Program official of

his current activities and address; and

g) such other duties and responsibilities and terms and

conditions as the Implementor may impose.

ARTICLE VII Assistance to Witnesses

Witnesses admitted to the Program may be entitled to

the following assistance:

SECTION 1. Financial Assistance. — is the monetary

assistance given to witnesses for their subsistence in

such amount as may be determined by the Program.

Only witnesses who suffer economic dislocation by

reason of his relocation for security or safety reasons, or

inability to earn for daily subsistence as a consequence

of his admission to the Program, shall be entitled to

financial assistance.

SECTION 2. Dependent's Allowance. — is the monetary

assistance given to an economically dislocated witness

for their minor children not exceeding four (4) in

number.

SECTION 3. Medical Assistance. — is the monetary

assistance given to a witness for medical treatment,

hospitalization

and

medicines

for

injury

or

illness

incurred or suffered by him while performing witness

duties.

SECTION 4. Security Protection. — The Program may

provide the following security protection:

a. Round-the-clock security protection, for witnesses

and their family members, within the second degree of

consanguinity

or

affinity, staying in the Program's

temporary shelter or safehouse;

b. Security protection while performing witness duty

only,

for

relocated

witness

or

those

outside

the

Program's temporary shelter or safehouse; and

c. Limited security protection while not performing

witness duty, for relocated witnesses or those outside

the Program's temporary shelter or safehouse. Limited

security

protection may take the form of security

monitoring of the witnesses and/or endorsement or

coordination

with

law

enforcement

agencies

concerning the security and safety of the witnesses.

SECTION 5. Livelihood Assistance. — is the assistance

provided

to the witness in obtaining a means of

livelihood,

which

may

include

skills

training,

employment, or assistance for any employment or

business opportunities.

SECTION 6. Termination Assistance. — is the relocation

or monetary assistance, in an amount determined by

© Compiled By RGL

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