Period to Hear, Try, and Decide Cases Involving Those under the Witness Protection, Security and Benefit Program
OCA Circular No. 83-2023 outlines the procedures for handling cases involving participants in the Witness Protection, Security, and Benefit Program in the Philippines. It mandates that courts prioritize these cases, requiring them to be heard and decided within specific non-extendable timeframes based on how long the cases have been pending. Witnesses under the Program are entitled to various protections and benefits, including security, housing assistance, and medical care. Testimonies from these witnesses should primarily be taken via videoconferencing to ensure their safety. Compliance with these directives is required to facilitate a speedy judicial process.
February 27, 2023
OCA CIRCULAR NO. 83-2023
| TO | : | All Regional Trial Courts |
| SUBJECT | : | Period to Hear, Try, and Decide Cases Involving Those under the Witness Protection, Security and Benefit Program |
Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority, may be admitted into the "Witness Protection, Security and Benefit Program" (Program) implemented by the Department of Justice. 1 Also, a witness in legislative investigations in aid of legislation, with his/her express consent and upon the required recommendation, 2 and any person who has participated in the commission of a crime and desires to be a witness for the State, can apply for and, if qualified, be admitted into the Program. 3
The Program provides, among other things, security and protection, a secure housing facility/relocation, assistance in obtaining a means of livelihood, free medical treatment, hospitalization and medicines, and burial benefit. 4 Owing to the delicate circumstances of such witnesses and/or their families, there is a need to give priority to cases involving them and decide the same expediently.
As such, and in accordance with the mandate of the law to assure a speedy hearing or trial, 5 all concerned courts are DIRECTED to HEAR, TRY, and DECIDE cases involving those under the Program within the following non-extendible periods:
|
YEARS PENDING |
PERIOD TO DECIDE |
|
Cases pending for less than five (5) years |
Within three (3) months |
|
Cases pending for five (5) years or more but less than ten (10) years |
Within nine (9) months |
|
Cases pending for ten (10) years or more |
Within twelve (12) months or one (1) year |
An inventory of the above stated cases shall be electronically submitted within fifteen (15) calendar days from the date of this Circular through this link https://forms.office.com/r/0qs2SNqVZd or by using the QR code below:
INSERT BITMAP P. 2
Once the case/s have been decided within the prescribed periods, the same link shall be accessed to update the status of the case/s.
More importantly, priority should be given to the testimonies of witnesses under the Program to be taken primarily thru or via videoconferencing hearing. 6 Thus, in-person or face-to-face hearings should not be resorted to just to complete the taking of the testimonies of witnesses under the Program.
For strict and immediate compliance.
(SGD.) RAUL B. VILLANUEVACourt Administrator
Footnotes
1. Republic Act No. 6981, April 24, 1991, An Act Providing for a Witness Protection, Security and Benefit Program and for other Purposes, Sec. 3. Admission into the Program.
2. Sec. 4. Witness in Legislative Investigations, ibid.
3. Sec. 10. State Witness, ibid.
4. Sec. 8. Rights and Benefits, ibid.
5. Sec. 9. Speedy Hearing or Trial, ibid.
6. Following the guidelines in Administrative Matter No. 20-12-01-SC (Re: Proposed Guidelines on the Conduct of Videoconferencing).