Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial

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

refers to the Witness Protection, Security and Benefit Program, or the WPSBP or WPP for brevity.

Section 3

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

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

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

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 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

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.