Article 87p. 87

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

the Program, given to a witness whose coverage is

terminated without his fault.

SECTION 7. Educational Assistance. — Witnesses are

primarily responsible for the education of their children.

However, if the witness becomes incapacitated or is

killed due to witness duty, his dependent children shall

be

entitled

to

educational

assistance

as

may

be

determined by the Program.

SECTION 8. Burial Assistance. — In case the witness is

killed while performing witness duty, his heirs shall be

entitled to burial benefits as may be determined by the

Program.

SECTION 9. Change of Identity. — The personal identity

of the witness may be changed as may be provided by

law.

ARTICLE VIII Waiver of Benefits

A witness may waive, in writing, any of his benefits

under R.A. No. 6981, such as, but not limited to, financial

assistance, temporary shelter and security protection. A

waiver absolves the Program completely of whatever

responsibility it may have over the witness' safety and

security.

ARTICLE IX Custody by Other Government

Agencies

SECTION 1. Witness Under Detention. — The Program

shall not take into its protective custody a witness who

is under detention for any lawful cause. However, it shall

direct the custodian of the witness to take necessary

measures to ensure the safety and security of the

witness.

SECTION 2. Child Witness. — As far as practicable, a

child witness shall remain under the protective custody

of the DSWD pursuant to the provisions of R.A. No. 7610.

If

the

DSWD

cannot

adequately secure the child

witness,

or

if his parents refuse DSWD protective

custody, the Program shall determine whether the

child witness should be transferred to a temporary

shelter or shall remain with his parents.

SECTION 3. Witness Under the Protective Custody of

Other Government Agencies. — The Program may

allow its witnesses to be under the protective custody

of

other

government

agencies

provided

that

the

following requirements are fulfilled:

a. The government agency or the witness requests in

writing for the transfer of protective custody from the

WPP to the concerned agency.

b.

There

is

a

written

agreement

between

the

government

agency

to

which

custody

will

be

transferred and the witness on the transfer of protective

custody.

c. The government agency to which the custody is

transferred undertakes to provide adequate security to

the

witness

and

complies

with

the

Program's

guidelines.

d.

The

Program

is

satisfied with the government

agency's capacity to secure the witness.

e. The government agency shall closely coordinate and

regularly consult with the concerned Implementor on

the safety and security of the witness.

Witnesses under the custody of other government

agencies or non-governmental organizations shall be

classified as relocated witnesses.

ARTICLE X Grounds for Termination of

Coverage

The

Program's

coverage

of

the

witness

may

be

terminated upon written notice based on the following:

SECTION 1. Completion of Witness Duty/Manageable

Threat Level. — After completion of witness' testimony

and after the threat has been assessed to be at a

manageable

level,

coverage

may

be

terminated,

without

prejudice

to

re-admission

in

case serious

threats re-appear.

Termination of the coverage shall take effect thirty (30)

days from receipt by the witness of the notice of

termination, unless a different date is agreed upon.

SECTION

2.

Accused-at-Large/Case

Archived.

—

In

cases where none of the accused has been arrested, the

coverage of the witness shall be terminated two years

after

the

case

has been archived. On meritorious

grounds, the Program may extend the coverage for a

maximum period of one year. Such termination shall be

without

prejudice

to

the

witness'

re-admission or

reinstatement

in

the

event

that

any

of

the

accused-at-large is arrested.

SECTION

3.

Violation/Breach/Noncompliance

with

Witness Obligation. — Coverage may be terminated by

written

notice

if

a

witness

breaches

any

MOA

stipulation, violates any Program rules or any other

condition for his coverage. Termination shall take effect

five (5) days from receipt of notice. However, in case of

serious breach or violation of the MOA or the Program

rules or guidelines, such as those involving security,

confidentiality or similar matters, termination of the

coverage shall be effective immediately.

SECTION 4. Personal Request of the Witness. — The

coverage of the witness may be terminated upon his

written request. Such termination will be effective upon

approval by the Implementor or on such a date as may

be agreed upon.

ARTICLE XI Periodic Evaluation of Coverage

The coverage of a witness who has been granted

regular admission shall be effective until terminated.

Provisional coverage is effective for a period not to

exceed

ninety

(90)

days,

without

prejudice

to

an

extension.

For the purpose of monitoring and determining the

basis

for

continued

coverage,

Implementors

shall

submit a quarterly report on the status of all cases

involving

covered

witnesses

which should contain,

among others, these information:

1. Stage of proceedings;

2. Whether or not witness has testified;

3. Next hearing dates;

4. Level of threats/intimidation; and

5. Other relevant information.

ARTICLE XII Re-instatement and Re-admission

SECTION 1. Re-instatement. — The handling prosecutor

or the witness may, within six (6) months from the

termination of the coverage, request in writing for the

reinstatement of the coverage of the witness should

the need therefor arise.

A reinstatement to the Program shall be reported to

the Program Director and subject to the confirmation

by the Chief Implementor.

SECTION 2. Re-admission. — After the lapse of six (6)

months from the termination of a coverage, and the

need

arises

to

cover

the

witness,

the

handling

prosecutor or the witness may request in writing for the

re-admission of the witness. A request for re-admission

shall be treated as a new application, and shall be

subject to the requirements for a new applicant.

© Compiled By RGL

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