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

Section 1

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

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

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. The Program's coverage of the witness may be terminated upon written notice based on the following: