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

Section 1

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 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

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. Witnesses are deemed admitted to the Program upon the issuance of a Certificate of Admission and Coverage by the Implementor.