October 6, 2020

WHEREAS, the Congress passed Republic Act No. 11362 or the Community Service Act which was signed into law by the President on August 8, 2019;

WHEREAS, Republic Act No. 11362 promotes restorative justice and jail decongestion by authorizing the court in its discretion to require community service in lieu of service in jail for offenses punishable by arresto menor and arresto mayor;

WHEREAS, there is a need to adopt the necessary guidelines to instruct magistrates on how apply the provisions of Republic Act No. 11362 together with existing remedies of the accused;

WHEREAS, pursuant to the provisions of Section 5 (5), Article VIII of the 1987 Constitution, the Supreme Court has the power to adopt and promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged;

WHEREAS, the Supreme Court issued Memorandum Order No. 56-2020 dated September 7, 2020 creating a Technical Working Group composed of Chief Justice Diosdado M. Peralta as Chairperson, Supreme Court Associate Justice Alexander G. Gesmundo as the Working Chairperson, Court Administrator Jose Midas P. Marquez, Deputy Court Administrator Raul B. Villanueva, Presiding Judge Lorna Francisca C. Chua-Cheng (Regional Trial Court, Br. 168, Marikina City), Presiding Judge Myra B. Quiambao (Regional Trial Court, Br. 203, Muntinlupa City), Presiding Judge Anne Perpetual S. Rivera-Sia (Metropolitan Trial Court, Br. 12, Manila) and Presiding Judge Kirk M. Aniñon (Metropolitan Trial Court, Br. 44, Pasay City) as members and Atty. Khiel L. Crisostomo (Office of Chief Justice Disodado M. Peralta) and Atty. Rigor R. Pascual (Office of Associate Justice Alexander G. Gesmundo) as members of the Secretariat; and

WHEREAS, the Technical Working Group has submitted to the Supreme Court En Banc its proposed guidelines to implement Republic Act No. 11362 for consideration and approval.

NOW THEREFORE, the Supreme Court En Banc hereby adopts and promulgate the Guidelines in the Imposition of Community Service as a Penalty in lieu of Imprisonment.

Guidelines in the Imposition of Community Service as Penalty in Lieu of Imprisonment

Section 3 of Republic Act No. 11362 which amended Article 88 of Act No. 3815 or the Revised Penal Code reads:

Art. 88a. Community Service. The court in its discretion may, in lieu of service in jail, require that the penalties of arresto menor and arresto mayor be served by the defendant by rendering community service in the place where the crime was committed, under such terms as the court shall determine, taking into consideration the gravity of the offense and the circumstances of the case, which shall be under the supervision of a probation officer: Provided, That the court will prepare an order imposing the community service, specifying the number of hours to be worked and the period within which to complete the service. The order is then referred to the assigned probation officer who shall have responsibility of the defendant.

The defendant shall likewise be required to undergo rehabilitative counseling under the social welfare and development officer of the city or municipality concerned with the assistance of the Department of Social Welfare and Development (DSWD). In requiring community service, the court shall consider the welfare of the society and the reasonable probability that the person sentenced shall not violate the law while rendering the service.

Community service shall consist of any actual physical activity which inculcates civic consciousness, and is intended towards the improvement of a public work or promotion of a public service.

If the defendant violates the terms of the community service, the court shall order his/her re-arrest and the defendant shall serve the full term of the penalty, as the case may be, in jail, or in the house of the defendant as provided under Article 88. However, if the defendant has fully complied with the terms of the community service, the court shall order the release of the defendant unless detained for some other offense.

The privilege of rendering community service in lieu of service in jail shall be availed of only once.

Thus, all judges concerned shall observe these guidelines in allowing rendition of community service in lieu of imprisonment in the service of penalty for arresto menor or arresto mayor:

1. After promulgation of judgment or order where the imposable penalty for the crime or offense committed by the accused is arresto menor or arresto mayor, it shall be the court's duty to inform the accused of and announce in open court his/her options within fifteen (15) calendar days from date of promulgation, to wit: (a) file an appeal; (2) apply for probation as provided by law; or (3) apply that the penalty be served by rendering community service in the place where the crime was committed. It shall further be explained to the accused that if he/she chooses to appeal the conviction, such resort thereto bars any application for community service or probation.

2. In the event accused opts to apply for community service, the application must be filed within the period to perfect an appeal. Likewise, said application shall be resolved within five (5) calendar days from the filing thereof. For this purpose, the court should set a hearing to render or promulgate the ruling on the said application within the said period.

3. If the accused was required to post bail, pending resolution of the application for community service he/she may also move that he/she be allowed on temporary liberty under the same bond he/she posted or be granted recognizance as provided for under Section 15, Rule 114 of the Revised Rules on Criminal Procedure.

4. Upon receipt of the application for community service, the court shall immediately notify the following officers: (a) the barangay chairperson or his/her authorized representative of the barangay where the crime was committed; (b) a representative from the provincial or city's Probation Office; and, (c) the local government unit's Social Welfare Development Officer (SWDO).

The court may resort to electronic service of the notices to the above officers.

5. The notice shall direct the barangay chairperson or his/her authorized representative to submit a proposed community service program for accused on or before the scheduled hearing on the application. The SWDO shall also be directed to recommend a rehabilitative counseling program and schedule for the accused that shall be incorporated in the barangay's proposal. The following programs of the Parole and Probation Office in relation to community service may also be considered:

a. Mentoring and Intergenerational Service;

b. Economic Development;

c. Citizenship and Civic participation-experiential activities which involve solving community problems; and

d. Involvement in Crime Prevention projects.

6. In assessing the recommendations of the barangay chairperson or his/her authorized representative and SWDO, the court shall take into account that the type of program for community service shall (i) consist of actual physical activity which inculcates civic consciousness; (ii) intended towards the improvement of a public work; or, (iii) promotion of public service.

7. In exercising the discretion to allow service of penalty through community service, the following factors may be taken into consideration by the court:

a. The gravity of the offense;

b. The circumstances of the case;

c. The welfare of the society; and

d. The reasonable probability that the accused shall not violate the law while rendering the service.

In no case shall the benefit of the Community Service Law be given to the accused more than once. Also, the period for the community service to be rendered should not be more than the maximum sentence imposed by law, but not less than one-third (1/3) thereof.

If the accused has undergone preventive imprisonment, the period shall be deducted from the term of community service.

8. The court shall resolve the application for community service immediately after the hearing thereon. An order granting or denying the application shall not be appealable.

Failure of the accused to appear at the said hearing, except for justified reasons, shall be a ground to deny the application and a warrant of arrest shall be issued against the accused.

9. In the event the court needs time to resolve the application, the court shall set the order for promulgation within twenty four (24) hours from the hearing thereof and require the presence of accused and his/her counsel, including the representatives from the concerned barangay, city or municipal Probation Office and SWDO.

10. The community service order shall provide for the following:

a. The details of the community service program;

b. The specific number of hours to be accomplished and period within which to complete the service;

c. The referral of accused to the probation office having jurisdiction over the place where the crime was committed for supervision;

d. A statement requiring the concerned probation officer to provide a final report on the accused's compliance with the program within five (5) calendar days from expiration of the period and recommendation for discharge if applicable;

e. A statement requiring the SWDO to submit a report within five (5) calendar days after completion of rehabilitative counseling; and

f. The imposition of additional conditions as may be warranted by the circumstances of the case.

The community service order shall take effect upon its issuance in open court, at which time, the court shall inform the accused of the consequences thereof and explain that failure to comply with the terms or commission of another offense, he/she shall be re-arrested to serve the full term of the penalty.

11. After the period of community service and upon consideration of the report and recommendation of the probation officer and SWDO, the court may order the final discharge of accused upon finding that he/she has fulfilled the terms and conditions of his community service and thereupon, the case is deemed terminated. The accused, probation officer and SWDO shall each be furnished with a copy of such order.

12. If the accused is sentenced with a penalty higher than arresto menor or arresto mayor, and on appeal the penalty was lowered to arresto menor or arresto mayor, which became final and executory, the accused may, upon written application with the court of origin, seek community service in lieu of imprisonment, which may be acted upon subject to the provisions of these guidelines.

With respect hereto, in no case shall community service be allowed if the defendant is a habitual delinquent.

13. In the event the court denies the application for community service, and the period to appeal has not yet lapsed, the accused may still choose to appeal the said judgment or apply for probation.

14. An accused who has applied and was granted probation in a previous case is not disqualified to apply for community service in a subsequent case.

These guidelines shall take effect on November 2, 2020, after publication in two (2) newspapers of general circulation.

Manila, October 6, 2020.

FORM 1 Promulgation Order

FORM 2 Application for Community Service

FORM 3 Notice

FORM 4 Order Setting Application for Hearing and Submission of Reports

FORM 5 Barangay Checklist

FORM 6 Community Service Order

Published in the Philippine Daily Inquirer on October 18, 2020.

January 22, 2019

WHEREAS, the Supreme Court of the Philippines, in the exercise of its rule-making power under the Constitution, promulgated A.M. No. 02-1-18-SC or the Rule on Juveniles in Conflict with the Law to govern the procedure in cases involving juvenile offenders and declared the same to take effect on April 15, 2002;

WHEREAS, the Congress of the Philippines, four years later, approved and passed Republic Act No. 9344 (R.A. No. 9344), entitled the "Juvenile Justice and Welfare Act of 2006," which law became effective on May 20, 2006;

WHEREAS, R.A. No. 9344 declared as a policy that "[t]he State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law";

WHEREAS, the Supreme Court, in light of the passage of R.A. No. 9344, promulgated the Revised Rule on Children in Conflict with the Law, which took effect on December 1, 2009;

WHEREAS, the Congress approved and passed Republic Act No. 10630 (R.A. No. 10630) amending R.A. No. 9344, which became effective on November 7, 2013, by establishing a comprehensive juvenile justice system, strengthening the Juvenile Justice and Welfare Council and placing it under the administrative supervision of the Department of Social Welfare and Development, appropriating funds therefor, among others;

WHEREAS, the Supreme Court, by Memorandum Order No. 20-2014 dated August 13, 2014, created the Committee on Family Courts and Juvenile Concerns (CFCJC) with the mandate, among others, of drafting "a plan for the organization of the family courts" pursuant to the Family Courts Act of 1997 (R.A. No. 8369), and "monito[ring] the implementation of the plan for the creation and organization of Family Courts including identification of procedural rules and court guidelines, as well as legal and judicial forms that must be adopted to increase the effectiveness and efficiency of family courts";

WHEREAS, the CFCJC, upon consultation with statutory Family Courts, designated Family Courts, and other courts handling Family Court cases, as well as other concerned sectors, stakeholders, and government agencies/implementers of R.A. No. 9344, determined that there is a need to further amend the Revised Rule on Children in Conflict with the Law so as to harmonize the same with R.A. No. 9344, and its amendatory law, R.A. No. 10630;

NOW THEREFORE, the Supreme Court, in the exercise of its rule-making power under Article VIII, Section 5 (5) of the 1987 Constitution, hereby PROMULGATES the 2019 Supreme Court Revised Rule on Children in Conflict with the Law.

This Resolution shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of national circulation.

2019 Supreme Court Revised Rule on Children in Conflict with the Law

SECTION 1. Applicability of the Rule. — This Rule shall apply to all criminal cases involving children in conflict with the law.

A child in conflict with the law is a person below 18 years old who is alleged as, accused of, or adjudged as having committed an offense under Philippine Laws. (a)

This Rule shall not apply to a person who at the time of the initial contact as defined in Section 4 (s) of this Rule shall have reached the age of eighteen (18) in which case, the regular rules on criminal procedure shall apply without prejudice to the rights granted under Sections 51, 52, 53 and 54 of this Rule. Nor shall this Rule apply to "children at risk" as defined in Section 4 (g) of this Rule. (a)

SECTION 2. Objective. — The objective of this Rule is to ensure that the justice system treats every child in conflict with the law in a manner that recognizes and upholds human dignity and worth, and instills in the child respect for the fundamental rights and freedom of others. The Rule considers the developmental age of the child and the desirability of the child's reintegration in and assumption of a constructive role in society in accordance with the principles of restorative justice.

To attain this objective, the Rule seeks:

(a) To provide child-appropriate proceedings, including programs and services for crime prevention, diversion, rehabilitation, re-integration and aftercare to ensure the normal growth and development of the child in conflict with the law;

(b) To provide procedural rules dealing with children in conflict with the law that take into account their distinct circumstances, assure all parties of a fair hearing with each party's constitutional and statutory rights recognized and respected, and ensure that appropriate disposition measures are implemented by law enforcers, social services and the courts;

(c) To divert from the formal justice system children in conflict with the law who can be cared for or placed under child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development; (a)

(d) To deal with the child in a family environment whenever possible, and to separate the child from the parents only when necessary for the child's welfare or in the interest of public safety;

(e) To remove from children in conflict with the law, the stigma of criminality and criminal behavior;

(f) To promote, facilitate and implement in administrative and judicial proceedings respect for the views of the child;

(g) To provide for the care, protection and wholesome moral, mental, and physical development of children in conflict with the law; and

(h) To promote and protect the rights and interest of children as zones of peace in situations of armed conflict, but who are alleged to be in conflict with the law. (a)

SECTION 3. Interpretation. — This Rule shall be interpreted liberally to promote the best interest of the child in conformity with Philippine laws, the United Nations' Convention on the Rights of the Child and relevant international treaties and protocols.

SECTION 4. Definitions. — As used in this Rule:

(a) Age of criminal responsibility is the age when a child above fifteen (15) years but below eighteen (18) years of age commits an offense with discernment. (a)

(b) Bail refers to the security given for the release of the child in custody of the law, furnished by the child, the child's parent, guardian, or a bondsman, to guarantee the child's appearance before the court. Bail may be posted in a form such as corporate security, property bond or cash deposit.

(c) Bahay Pag-asa refers to a 24-hour child-caring institution established, funded and managed by local government units and licensed and/or accredited non-government organizations providing short-term residential care for children in conflict with the law who are above 15 but below 18 years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. (n)

(d) Restorative Justice refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the child in conflict with the law, and the community. It seeks to obtain reparation for the victim; reconciliation between and among the victim, the child in conflict with the law, and the community, and the reassurance that the child in conflict with the law can be reintegrated into society. It also enhances public safety by involving the victim, the child in conflict with the law, and the community in prevention strategies. (a)

(e) Best interest of the child refers to the totality of circumstances and conditions that are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development.

(f) Social case study report is a written report prepared by the social worker of the local government unit or the Department of Social Welfare and Development or by the social worker designated by the court on the social, cultural, economic and legal status or condition of the child in conflict with the law. It shall include, among other matters, the child's developmental age; educational attainment; family and social relationships; the quality of the child's peer group; the strengths and weaknesses of the family; parental control; the child's attitude towards the offense; the harm or damage done to others resulting from the offense; record of prior offenses, if any; and the attitude of the parents towards the child's responsibility for the offense. The social worker may also include an initial determination of the child's discernment in the commission of the offense. (a)

(g) Child at risk refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to the following:

(1) Being abused by any person through sexual, physical, psychological, mental, economic or any other means, and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;

(2) Being exploited sexually or economically;

(3) Being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;

(4) Coming from a dysfunctional or broken family, or without a parent or guardian;

(5) Being out of school;

(6) Being a street child;

(7) Being a member of a gang;

(8) Living in a community with a high level of criminality or drug abuse; and

(9) Living in situations of armed conflict.

It covers children who violate ordinances enacted by local governments concerning juvenile status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as light offenses and misdemeanors against public order or safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination and trespassing who shall not be penalized but instead proceeded in accordance with Section 57-A of Republic Act No. 9344, as amended. (n)

(h) Community continuum refers to the aftercare of a child in conflict with the law and is a community-based group therapy process that provides continuous guidance and support to the child in conflict with the law upon release from rehabilitation and subsequent reintegration into society. Community continuum for the child includes timely release, suitable residence, food, clothing, available employment and sufficient means to facilitate successful reintegration in society which shall be provided by the concerned local government unit and other appropriate agencies.

It also includes after-care support provided by the local social welfare and development officer for a period of at least six (6) months for children in conflict with the law whose cases have been dismissed by the proper court because of good behavior as per recommendation of the Department of Social Welfare and Development social worker and/or any accredited non-government organization youth rehabilitation center. The service includes counseling and other community-based services designed to facilitate social reintegration, prevent re-offending and make the children productive members of the community. (n)

(i) Corporal punishment is any kind of physical punishment inflicted on the body as distinguished from pecuniary punishment or fine.

(j) Court refers to a Family Court, a designated family court, or in places where there are no designated family courts, any regional trial court hearing family and youth cases. (a)

(k) Deprivation of Liberty refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will except by order of any judicial or administrative authority.

(l) Discernment means the capacity of the child at the time of the commission of the offense to understand the difference between right and wrong and the consequences of the wrongful act.

(m) Disposition conference is a meeting held by the court with the social worker who prepared the case study report, together with the child in conflict with the law, the parents or guardian, and the child's counsel, as well as the private complainant together with his or her parents or guardian, if a minor, and counsel, for the purpose of determining the disposition measures appropriate to the personal and special circumstances of the child. (a)

(n) Diversion refers to an alternative child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of the child's social, cultural, economic, psychological or educational background without resorting to formal court proceedings. (a)

(o) Diversion programs refer to programs the child in conflict with the law is required to undergo after the child is found by the appropriate authority responsible for an offense, without resorting to formal court proceedings. (a)

(p) Expedited Transfer of a Child is a process where a child who commits an offense is immediately brought by the apprehending officer or private individual to a social worker. It includes the duty of the law enforcement officer to immediately but not later than eight (8) hours after apprehension turn over custody of the child to the social welfare and development office or other accredited non-government organizations, and notify the child's parents/guardians and public attorney's office of the child's apprehension. It also includes the duty of the social welfare and development officer to explain to the child and the child's parents/guardians the consequences of the child's act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate. (n)

(q) Guardian Act Litem is a person appointed by the court to protect the best interest of the child.

(r) In conflict with the law means being taken into custody or charged with the commission of an act defined and punished as a crime or offense under the law, except juvenile status offenses punishable by ordinances enacted by local governments in accordance with Sections 57 and 57-A, and offenses not applicable to children in accordance with Section 58 of Republic Act No. 9344, as amended. (a)

(s) Initial contact refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time the child alleged to be in conflict with the law receives a subpoena under Section 3 (b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6 (a) or Section 9 (b) of the same Rule in cases that do not require preliminary investigation, or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.

(t) Intensive Juvenile Intervention Support Center (IJISC) is a special facility within the youth care facility or "Bahay Pag-asa" that caters to and provides a more intensive multi-disciplinary intervention program for children in conflict with the law in accordance with the provisions of Republic Act No. 9344, as amended. (n)

(u) Intervention programs refer to a series of individualized treatment activities or programs designed to address issues that caused the child to commit an offense. These may include counseling, skills training, education, and other activities that are aimed to improve and enhance the child's psychological, emotional and psychosocial well-being.

(v) Law Enforcement Officer refers to the person in authority or an agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod.

(w) Probation is an alternative disposition, ordered by the court, under which a child in conflict with the law is released after conviction and sentence and permitted to remain at home or with an appropriate custodian, subject to certain terms and conditions imposed by the court.

(x) Recognizance is an undertaking in lieu of a bond, assumed by a mother or father, or appropriate guardian or custodian, or in their absence, the nearest relative, or any responsible member of the community to assume custody of a child in conflict with the law and be responsible for the appearance of the child in court whenever required during the pendency of the case.

(y) Serious crime refers to parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped, or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than 12 years of imprisonment. (n)

(z) Status offenses refer to any conduct not considered an offense or not penalized if committed by an adult, such as curfew violations, truancy, parental disobedience and the like. (a)

(aa) Suspended sentence is the holding in abeyance of the service of the sentence imposed by the court upon a finding of guilt of the child in conflict with the law, whereby the child undergoes rehabilitation within a fixed period under such terms and conditions as may be ordered by the court.

(bb) Victimless Crimes refer to offenses where there is no private offended party. (a)

(cc) Youth rehabilitation center refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development, local government units, licensed and/or accredited non-government organizations monitored by the Department of Social Welfare and Development. The Center provides care, treatment and rehabilitation services for children in conflict with the law under a structured therapeutic environment through the guidance of a trained staff, where the physical mobility of the children may be restricted pending court disposition of their cases. (a)

SECTION 5. Determination of Age. — The child in conflict with the law shall enjoy the presumption of minority and shall enjoy all the rights of a child in conflict with the law until proven to be eighteen (18) years old or older at the time of the commission of the offense. The age of the child shall be determined according to the following rules:

(1) The best evidence to prove the age of a child is an original or certified true copy of the certificate of live birth;

(2) In the absence of a certificate of live birth, similar authentic documents such as baptismal certificates and school records or any pertinent document that shows the date of birth of the child;

(3) In the absence of the documents under paragraphs 1 and 2 of this Section due to loss, destruction or unavailability, the testimony of the child, the testimony of a member of the family related to the child by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the child pursuant to Section 40, Rule 130 of the Rules on Evidence, the testimonies of other persons, the physical appearance of the child and other relevant evidence, shall suffice. (a)

In case of doubt as to the age of the child, it shall be resolved in the child's favor. (n)

SECTION 6. Burden of Proof of Age. — Any person alleging the age of the child in conflict with the law has the burden of proving the age or such child.

If the age or the child is contested prior to the filing of the information in court, a case for determination of age under summary proceeding may be filed before a court which shall render its decision within 24 hours from receipt of the appropriate pleadings of all the parties.

In all cases involving a child, the court shall make a categorical finding as to the age of the child.

SECTION 7. Exemption from Criminal Liability. — A child fifteen years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program as provided for in Republic Act No. 9344, as amended. (a)

A child is deemed to be fifteen years of age on the day of the fifteenth anniversary of his/her birthdate. (n)

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with the law. (n)

Exemption from criminal liability of the child does not include exemption from civil liability of parents and other persons exercising parental authority which shall be enforced in accordance with the provisions of Article 221 of the Family Code in relation to Article 101 of the Revised Penal Code and Rule 111 of the Revised Rules of Criminal Procedure. If the act or omission of the child involves a quasi-delict, Article 2180 of the Civil Code shall apply. (a)

SECTION 8. Procedure for Handling Children Exempted from Criminal Liability. — If it is determined at the initial contact that the child is 15 years of age or below, the procedure provided in Section 20, Republic Act No. 9344, as amended, shall be observed as follows:

(a) The authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. (a)

(b) The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or "Bahay Pag-asa" managed by local governments units or licensed and/or accredited non-government organizations monitored by the Department of Social Welfare and Development. (n)

(c) The local social welfare and development officer shall determine the appropriate programs for the child who has been released, in consultation with the child and the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following:

(1) A duly registered non-governmental or religious organization;

(2) A barangay official or a member of the Barangay Council for the Protection of Children;

(3) A local social welfare and development officer; or, when and where appropriate, the Department of Social Welfare and Development. (n)

(d) If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be placed in a youth care facility or "Bahay Pag-asa":

(1) The child's parents or guardians shall execute a written authorization for the voluntary commitment of the child; or

(2) If the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the Department of Social Welfare and Development or the local social welfare development office pursuant to Presidential Decree No. 603, as amended, otherwise known as "The Child and Youth Welfare Code" and the Supreme Court Rule on Commitment of Children. (n)

The minimum age for children committed to a youth care facility or "Bahay Pag-asa" shall be 12 years old. (n)

SECTION 8-A. Procedure for Handling a Child Exempted from Criminal Liability Who Commits Serious Crimes. — A child who is above 12 years of age up to 15 years of age and who commits a serious crime shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in the Intensive Juvenile Intervention and Support Center (IJISC) of a "Bahay Pag-asa." The procedure provided in Section 20-A, Republic Act No. 9344, as amended, shall be observed as follows:

(a) A petition for involuntary commitment and placement under the IJISC shall be filed by the local social welfare and development officer of the local government unit where the offense was committed, or by the Department of Social Welfare and Development social worker in the local social welfare and development officer's absence, within 24 hours from the time of the receipt of a report on the alleged commission of said child. (n)

(b) The court, where the petition for involuntary commitment has been filed, shall decide on the petition within 72 hours from the time the said petition has been filed by the Department of Social Welfare and Development/Local Social Welfare and Development Office.

(c) The court will determine the initial period of placement of the child within the IJISC which shall not be less than one year.

(d) The multi-disciplinary team of the IJISC will submit to the court:

(1) A case study and progress report, to include a psychiatric evaluation report, and recommend the reintegration of the child to his/her family or the extension of the placement under IJISC; and

(2) A report to the court on the services extended to the parents and family of the child and the compliance of the parents in the intervention program.

(e) The court will decide whether the child has successfully completed the center-based intervention program and is already prepared to be reintegrated with his/her family, or if there is a need for the continuation of the center-based rehabilitation of the child.

(f) The court will determine the next period of assessment or hearing on the commitment of the child. (n)

SECTION 8-B. Procedure for Handling a Child Exempted from Criminal Liability Who Repeats Commission of Offense. — A child who is above 12 years of age up to 15 years of age and who commits an offense for the second time or oftener: Provided, that the child was previously subjected to a community-based intervention program, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall:

(a) Undergo an intensive intervention program supervised by the local social welfare and development officer;

(b) If the best interest of the child requires that he/she be placed in a youth care facility or "Bahay Pag-asa," the child's parents or guardians shall execute a written authorization for voluntary commitment of the child;

(c) If the child has no parents or guardians or if they refuse or fail to execute a written authorization for voluntary commitment under Section 8-B (b), the proper petition for involuntary commitment shall be immediately filed by the Department of Social Welfare and Development or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, as amended. (n)

SECTION 9. Procedure for Children Not Exempted from Criminal Liability. — A child fifteen (15) years and one (1) day old or above but below eighteen (18) years of age at the time of the commission of the offense shall, at the sound discretion of the court and subject to its supervision, be released on recognizance to the care of the willing and responsible mother or father, or appropriate guardian or custodian, or, in their absence, the nearest relative. However, if the prosecution determines that the child acted with discernment, the child shall be proceeded against in accordance with Sections 24 to 27 or, in case of diversion, Sections 29 to 37 of this Rule. (a)

SECTION 10. Determination of Discernment. — Discernment is preliminarily determined by a social worker and finally by the court. (a)

The determination of discernment shall take into account the ability of a child to understand the moral and psychological components of criminal responsibility and the consequences of the wrongful act; and whether a child can be held responsible for essentially antisocial behavior.

SECTION 11. Procedure for Taking the Child into Custody. — From the moment a child is taken into custody, the law enforcement officer shall:

(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense that he/she allegedly committed;

(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her;

(c) Properly identify himself/herself and present proper identification to the child;

(d) Refrain from using vulgar or profane words, and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law;

(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed;

(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension;

(g) Avoid violence or unnecessary force;

(h) Determine the age of the child pursuant to Section 7 of Republic Act No. 9344, as amended;

(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social Welfare and Development Office or other accredited non-government organizations, and notify the child's parents/guardians and Public Attorney's Office of the child's apprehension. The social welfare and development officer shall explain to the child and the child's parents/guardians the consequences of the child's act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;

(j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The examination results shall be kept confidential unless otherwise ordered by the family court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same;

(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult offenders;

(l) Record the following in the initial investigation:

(1) Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;

(2) That the parents or guardian of a child, the Department of Social Welfare and Development, and the Public Attorney's Office have been informed of the apprehension and the details thereof; and

(3) The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to submit a child to such examination; and

(m) Ensure that all statements signed by the child during the investigation shall be witnessed by the child's parents or guardian, social worker or legal counsel in attendance who shall affix his/her signature to the said statement.

A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell. (n)

SECTION 12. Rights of a Child under Custody. — At the custodial investigation, a child who has been taken into custody shall have the following rights:

(a) At the police station, to be immediately assisted by a lawyer and a social worker who shall make sure that the child is effectively informed of his/her rights, as far as the child's maturity and discernment allow;

(b) To demand that the questioning or interrogation take place in conditions that respect the rights of the child and are compliant with child-sensitive procedural rules;

(c) To have the child's family located and notified with dispatch;

(d) To be informed, together with the parents, guardians or custodians or nearest relatives, by the social welfare and development officer of the local government unit or of the Department of Social Welfare and Development of the consequences of the offense alleged to have been committed with a view towards counseling and rehabilitation, diversion from criminal justice system and reparation if appropriate;

(e) To have the results of the child's medical and dental examination kept confidential, unless otherwise ordered by the court;

Whenever medical treatment for any physical or mental defect is necessary, to demand that steps must be immediately taken by the medical officer to provide the child with the necessary and proper treatment;

(f) To have the right of privacy respected and protected at all times, including the utilization of all measures necessary to promote this right, including the exclusion of the media; and

(g) While under investigation, not to be fingerprinted or photographed in a humiliating and degrading manner.

SECTION 13. Taking Custody of a Child without a Warrant. — The law enforcement officer or a private person taking into custody a child in conflict with the law without a warrant shall observe the provisions in Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall forthwith deliver the child to the nearest police station. The child shall be proceeded against in accordance with Section 7 of Rule 112 of the Rules of Criminal Procedure.

SECTION 14. Duties during Initial Investigation. — The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred.

The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare officer. In the absence of the child's parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of a non-government organization, religious group, or member of the Barangay Council for the Protection of Children.

The social worker shall conduct an initial assessment to determine the appropriate interventions and whether the child acted with discernment, using the discernment assessment tools developed by the Department of Social Welfare and Development. The initial assessment shall be without prejudice to the preparation of a more comprehensive study report. The local social worker shall do either of the following:

(A) Proceed in accordance with Section 8 if the child is fifteen (15) years old or below, or above fifteen (15) but below eighteen (18) years old, who acted without discernment; and

(B) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to diversion in accordance with Sections 28-36 of this Rule. (n)

SECTION 15. Intake Report/Initial Assessment by the Social Welfare Officer. (a) — Upon the taking into custody of a child in conflict with the law, the social welfare officer assigned to the child shall immediately undertake a preliminary background investigation of the child and, should a case be filed in court, submit to the court the corresponding Intake Report prior to the arraignment.

An Intake Report is the initial written report containing the personal and other circumstances of the child in conflict with the law prepared by the social worker assigned to assist the child entering the justice system. (n)

The social worker shall conduct an initial assessment to determine the appropriate interventions and whether the child acted with discernment, using the discernment assessment tools developed by the Department of Social Welfare and Development. The initial assessment shall be without prejudice to the preparation of a more comprehensive case study report. The local social worker shall do either of the following:

(a) Proceed in accordance with Sections 8, 8-A or 8-B of this Rule if the child is fifteen (15) years or below, or above fifteen (15) years but below eighteen (18) years old, who acted without discernment; or

(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed with diversion under this Rule. (n)

SECTION 16. Filing of Criminal Action. — A criminal action may be instituted against a child in conflict with the law by filing a complaint with the prosecutor.

All criminal actions commenced by complaint or information shall be prosecuted under the direction and control of the public prosecutor assigned to the court. Petitions for confinement of a child drug dependent shall be filed under Section 21 of the Rule on Children Charged under Republic Act No. 9165.

SECTION 17. Prosecution of Civil Action. — When a criminal action is instituted against a child in conflict with the law, the action for recovery of civil liability arising from the offense charged shall be governed by Rule 111 of the Revised Rules of Criminal Procedure.

SECTION 18. Preliminary Investigation. — As far as consistent with this Rule, the preliminary investigation of a child in conflict with the law shall be governed by Section 3 of Rule 112 of the Revised Rules of Criminal Procedure. A specially trained prosecutor shall be assigned to conduct the inquest, preliminary investigation and prosecution of the case involving a child in conflict with the law. The child, on the other hand, shall be assisted by a private lawyer or, if none, a lawyer from the Public Attorney's Office. If there is an allegation or evidence of torture or ill-treatment of a child in conflict with the law during custody or detention, it shall be the duty of the prosecutor to investigate the same.

SECTION 19. Conduct of Preliminary Investigation. — Preliminary investigation shall be conducted in the following instances:

(a) when the child in conflict with the law does not qualify for diversion;

(b) when the child, the parents or guardian do not agree to diversion as provided in Sections 27 and 28 of Republic Act No. 9344, as amended; or

(c) when, after considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law. (a)

In all instances, a certification from the Barangay, police or local social welfare and development officer, as the case may be, that the child does not qualify for diversion or that diversion is not appropriate or the diversion failed at their level, shall be required before the conduct of preliminary investigation.

At the preliminary investigation, should there arise a need for clarificatory questions to be propounded on the child, the Rule on Examination of a Child Witness shall apply. (a)

SECTION 20. Filing of Information. — If the investigating prosecutor finds probable cause to hold the child in conflict with the law for trial, there being discernment, and certifies that the child does not qualify for diversion, or that diversion is not appropriate, or the diversion failed at their level, the corresponding Resolution and Information shall be prepared for the approval by the provincial or city prosecutor, as the case may be. The child and the mother or father, or guardian, or in the absence thereof, the nearest relative, and the child's private counsel or lawyer from the Public Attorney's Office shall be furnished forthwith a copy of the approved resolution and the Information. ETHIDa

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office of such service, as well as the personal information, and the name and address of the guardian of the child in conflict with the law. The Information shall be filed with the court within forty-five (45) days from the start of the preliminary investigation and must allege that the child acted with discernment.

No Information shall be filed against a child for the commission of the following:

(a) status offenses, light offenses and misdemeanors against public order or safety as provided in Section 4 (g) of this Rule;

(b) vagrancy and prostitution under Section 202 of the Revised Penal Code;

(c) mendicancy under Presidential Decree No. 1563; and

(d) sniffing of rugby under Presidential Decree No. 1619.

Children taken into custody for the foregoing shall instead undergo appropriate counseling and treatment program. (a)

SECTION 21. Duties of the Clerk of Court upon Receipt of Information. — The Clerk of Court, upon receipt of the Information, shall:

(1) Maintain a separate case docket or logbook for cases involving children in conflict with the law. Whenever possible, the Clerk of Court shall use color coding or other method to easily distinguish the records of children in conflict with the law from the other case records;

(2) Determine whether the offense charged qualifies for diversion, that is, it is punishable by imprisonment of not more than twelve (12) years, regardless of fine, or fine alone regardless of the amount;

(3) If the crime charged is punishable by such imprisonment, immediately assign a temporary case number in accordance with Section 22 of this Rule and raffle off the case to a court so that its Diversion Committee can immediately undertake the appropriate action under Section 32 of this Rule; and

(4) If the crime charged does not quality for diversion because it is punishable by imprisonment of more than twelve (12) years, the case shall be assigned a regular criminal case docket number raffled off to a court for formal proceedings. (a)

SECTION 22. Docketing of the Case. — A case that qualifies for diversion under paragraph 3 of the preceding Section shall not be docketed as a regular criminal case but instead shall be assigned a temporary case number as follows: CICL-(no.) ___- (year) ____-D (which means diversion), before the same is raffled off to the appropriate court.

SECTION 23. Venue. — Subject to the provisions of Section 15, Rule 110 of the Revised Rules of Criminal Procedure, any criminal or civil action involving a child in conflict with the law shall be instituted and tried in the appropriate court nearest the place where the offense was committed or where any of its essential elements occurred.

SECTION 24. Release of Children on Recognizance to the Parents, Guardian, Custodian or Nearest Relative. — The release of a child from custody during the pendency of the case involving an offense not punishable by death, reclusion perpetua or life imprisonment may be ordered by the court only after a hearing for that purpose, and upon favorable recommendation of the social worker assigned to the child with due notice to the public prosecutor, the Sanggunian where the accused resides, and the private complainant. The child shall be released to the custody of a willing and responsible mother or father, or appropriate guardian or custodian, or in their absence, the nearest relative, who shall be responsible for the child's good behavior and appearance in court whenever required.

No child shall be ordered detained in jail pending trial or hearing of the child's case.

(Incorporated from A.M. No. 02-1-18 Re: Rule on Juveniles in Conflict with the Law issued on June 26, 2018)

SECTION 25. Commitment and Transfer to a Bahay Pag-asa. — A child charged with an offense, unless released on bail or recognizance, may be transferred to a "Bahay Pag-asa" or rehabilitation center or other appropriate facility operated or accredited by the Department of Social Welfare and Development which shall ensure the implementation of appropriate intervention programs, as well as the safety and appearance of the child in court.

In the absence of a "Bahay Pag-asa" established by the local government pursuant to Section 8 of the Family Courts Act, and Republic Act No. 9344, as amended, in the city or municipality where the child resides, or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the court, or the Department of Social Welfare and Development, or other appropriate local rehabilitation center, detention pending trial may be replaced by alternative measures such as close supervision, intensive care or replacement with a family or in an educational setting or home. Institutionalization or detention of a child pending trial should be used only as a last resort and for the shortest possible time. (a)

(Incorporated from A.M. No. 02-1-18 Re: Rule on Juveniles in Conflict with the Law issued on June 26, 2018)

SECTION 26. Bail as a Matter of Right. — For purposes of bail, the privileged mitigating circumstance of minority shall be considered.

(Incorporated from A.M. No. 02-1-18 Re: Rule on Juveniles in Conflict with the Law issued on June 26, 2018)

SECTION 27. Care of Child in Bahay Pag-asa or Rehabilitation Centers. — The child in conflict with the law who has been transferred to a youth rehabilitation center or "Bahay Pag-asa" shall be provided with a healthy environment and adequate quarters separate from the opposite sex depending on the age, sex, sexual orientation, and such other circumstances and needs of the child.

Part of the features of a "Bahay Pag-asa" is an intensive juvenile intervention and support center. This will cater to children in conflict with the law in accordance with Sections 8, 8-A and 8-B of this Rule.

A multi-disciplinary team composed of a social worker, a psychologist/mental health professional, a medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of Children member shall operate the "Bahay Pag-asa." The team will work on the individualized intervention plan with the child and the child's family.

(Incorporated from A.M. No. 02-1-18 Re: Rule on Juveniles in Conflict with the Law issued on June 26, 2018)

SECTION 28. Case Study Report. — After the institution of the criminal action, the social worker assigned to the child shall immediately undertake a social case inquiry of the child and the child's family, the child's environment and such other matters relevant to aid the court in the proper disposition of the case. The report shall be submitted to the court preferably before arraignment. If not available at that time, the Report must be submitted to the court as soon as possible.

SECTION 29. Diversion Committee. — In each court, there shall be organized a Diversion Committee composed of its Branch Clerk of Court, as chairperson; the prosecutor, a lawyer of the Public Attorney's Office assigned to the court, and the social worker assigned by the court to the child, as members. In the absence of a Branch Clerk of Court, the chairperson shall be designated by the judge. (a)

SECTION 30. Proceedings Before Arraignment. — The Diversion Committee shall determine if the child can be diverted and referred to alternative measures or services. Subject to pertinent provisions of this Rule and pending determination of diversion by the Committee, the court shall release the child on recognizance to the parents, guardian, or nearest relative; or if this is not advisable, commit the child to a "Bahay Pag-asa" or youth rehabilitation center which shall be responsible for the presence of the child during the diversion proceedings. If the Diversion Committee determines that diversion is not proper, or when the child objects to the diversion, or when there is failure of the diversion program if undertaken by the child, it shall submit a report to the court recommending that the case be subjected to formal criminal proceedings.

The court in turn shall direct the transmittal of the records of the case to the Office of the Clerk of Court for the assignment of a regular criminal docket number to the case as follows: CICL Crim. Case No. ____-____ (year). The Office of the Clerk of Court shall thereafter return the case to the court for arraignment and formal proceedings. (a)

SECTION 31. Proceedings Before the Diversion Committee. — Upon receipt by the Committee of a case for diversion from the Office of the Clerk of Court, the chairperson shall call for a conference with notice to the child, the mother or father, or guardian, or in their absence, the nearest relative, the child's counsel, and the private complainant, his or her mother or father, or guardian, or in their absence, the nearest relative, if a minor, and counsel, to determine if the child can undergo diversion program and aftercare and community continuum services instead of subjecting the child to formal court proceedings. In determining whether diversion is appropriate for the child, the Committee shall consider the following factors:

(a) The nature and circumstances of the offense charged;

(b) The frequency and the severity of the act;

(c) The circumstances of the child (e.g., age, maturity, intelligence, etc.);

(d) The influence of the family and environment on the growth of the child;

(e) The reparation of injury to the victim;

(f) The weight of the evidence against the child;

(g) The safety of the community; and

(h) The best interest of the child.

If the Committee finds that diversion is appropriate, it shall design a diversion program in accordance with Section 33 of this Rule for the consideration and approval of the court. Should the Committee determine that diversion is not appropriate, it shall make the corresponding report and recommendation in accordance with Section 29 of this Rule. The Committee cannot recommend diversion in case the child objects.

The diversion proceedings shall be completed within forty-five (45) days from the initial diversion conference. (a)

SECTION 32. Diversion Programs. — The Committee shall design a diversion program taking into consideration the individual characteristics and peculiar circumstances of the child in conflict with the law.

The following factors shall be considered in formulating a diversion program for the child:

(a) The child's feelings of remorse for the offense he/she committed;

(b) The parents' or legal guardian's ability to guide and supervise the child;

(c) The victim's view about the propriety of the measures to be imposed;

(d) The availability of community-based programs for rehabilitation and reintegration of the child;

(e) The past records, if any, involving the child in conflict with the law; and

(f) The likelihood that the child will be an obvious threat to himself/herself and the community.

The diversion program shall include adequate socio-cultural and psychological responses and services for the child. At the different stages where diversion may be resorted to, the following diversion programs may be agreed upon, such as, but not limited to:

(a) At the level of the Punong Barangay:

(1) Restitution of property;

(2) Reparation of the damage caused;

(3) Indemnification for consequential damages;

(4) Written or oral apology;

(5) Care, guidance and supervision orders;

(6) Counseling for the child in conflict with the law and the child's family;

(7) Attendance in trainings, seminars and lectures on:

i. Anger management skills;

ii. Problem solving and/or conflict resolution skills;

iii. Values formation; and

iv. Other skills which will aid the child in dealing with situations which can lead to repetition of the offense.

(8) Participation in available community-based programs, including community service; or

(9) Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:

(1) Diversion programs specified under paragraphs (a) (1) to (a) (9) herein; and

(2) Confiscation and forfeiture of the proceeds or instruments of the crime.

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs (a) and (b) above;

(2) Written or oral reprimand or citation;

(3) Fine;

(4) Payment of the cost of the proceedings; or

(5) Institutional care and custody.

The Committee shall also include in the program a plan that will secure satisfaction of the civil liability of the child in accordance with Article 2180 of the Civil Code.

The parents shall be liable for damages unless they prove, to the satisfaction of the court, that they were exercising reasonable supervision over the child at the time the child committed the offense and exerted reasonable effort and utmost diligence to prevent or discourage the child from committing another offense. (a)

SECTION 33. Hearing of Diversion Program. — The court shall set the Committee's diversion report and recommendation for hearing with notice to all parties, their counsel and members of the Committee within ten (10) days from receipt of such report. The court shall act on the recommendation within five (5) days from the termination of the hearing.

SECTION 34. Contract of Diversion. — If, during the conferencing, mediation or conciliation, the child voluntarily admits the commission of the act, a diversion program shall be developed when appropriate and desirable as determined under Section 30 of Republic Act No. 9344, as amended.

Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities. The local social welfare and development officer shall supervise the implementation of the diversion program. The diversion proceedings shall be completed within forty-five (45) days. The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed forty-five (45) days.

The child shall present himself/herself to the competent authorities that imposed the diversion program at least once a month for reporting and evaluation of the effectiveness of the program.

Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare and development officer, shall give the offended party the option to institute the appropriate legal action. The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of two (2) years. (n)

SECTION 35. Report of Social Worker. — The court social worker shall conduct regular monthly visits to the child undergoing diversion proceedings and shall submit the corresponding reports about the status of the diverted child to the Committee. At any time before or at the end of the diversion period, the Committee shall file with the court a report recommending termination or extension of diversion, as the case may be. The report and recommendation shall be heard by the court within fifteen (15) days from receipt, with notice to the members of the Committee, the child, the mother or father, or the appropriate guardian or custodian, or in the absence thereof, the nearest relative, the child's counsel, and the complainant, his or her father or mother, or guardian, or in the absence thereof the nearest relative, if a minor, and his or her counsel. The court shall thereafter determine whether the diversion program has been fully and satisfactorily complied with. (a)

SECTION 36. Post-Diversion Order. (a) — On the basis of the report and recommendation of the Committee, the court may:

(a) Issue a closure order terminating the case if it is convinced that the child has complied satisfactorily with the diversion program; or

(b) Extend the period of diversion if it is convinced that the child may still be rehabilitated; or

(c) Order the case to undergo formal court proceedings if it finds that the child has not complied with the diversion program, is incorrigible, or that the program is not serving its purpose. In case of a judicially-approved transfer of residence of the child in conflict with the law, the court to which supervision of the diversion program was transferred shall make the proper finding. If it finds that diversion has been successful, it shall order the closure of the case. However, if it determines that diversion has failed, it shall return the case to the original court for formal criminal proceedings.

SECTION 37. Rights of the Child in Conflict with the Law. — In all criminal proceedings, the child in conflict with the law shall have the following rights which shall be respected and protected by the court:

(a) To be presumed innocent until guilt is proved beyond reasonable doubt;

(b) To be informed promptly and directly of the nature and cause of the charge and if appropriate, through the child's mother, father, or legal guardian;

(c) To be present at every stage of the proceedings, from arraignment to promulgation of judgment. The child may, however, waive presence at the trial pursuant to the stipulations set forth in the bail bond, unless presence at the trial is specifically ordered by the court for purposes of identification. The absence of the child without justifiable cause at the trial of which there was due notice shall be considered a waiver of the right of the child to be present. Escape by the child under custody shall be deemed a waiver of the right to be present in all subsequent hearings until custody over such child is regained;

(d) To have legal and other appropriate assistance in the preparation and presentation of the child's defense; in case of a child arrested for reasons related to armed conflict, to have immediate free legal assistance;

(e) If in custody, to be released (i) on recognizance to the willing and responsible mother or father or guardian, or in the absence thereof, the nearest relative; (ii) on bail; or (iii) by commitment to a "Bahay Pag-asa" or youth rehabilitation center;

(f) Not to be detained in a jail or transferred to an adult facility pending trial or hearing of the case, unless detention is used as a last resort which must be done for the shortest time possible, and only upon order by the court;

(g) In case the child has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy: (i) To be segregated and have separate detention quarters from adults except where families are accommodated as family units; (ii) To immediate free legal assistance in the absence of private counsel; (iii) To immediate notice of such arrest to the parents, guardians or nearest relatives of the child; and, (iv) To be released on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court;

(h) To testify as a witness in his/her own behalf, subject to cross-examination only on matters covered by direct examination. The child shall not be compelled to be a witness against himself/herself, and the child's silence shall not in any manner prejudice him/her;

(i) To confront and cross-examine the witnesses against him/her;

(j) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in the child's behalf;

(k) To have speedy and impartial trial, with legal or other appropriate assistance and preferably in the presence of the child's parents or legal guardian, unless such presence is considered not to be in the best interest of the child taking into account the latter's age or other peculiar circumstances;

(l) To be accorded all the rights under the Rule on Examination of a Child Witness;

(m) To have the child's privacy fully protected in all stages of the proceedings; and

(n) To appeal in all cases allowed and in the manner prescribed by law;

(o) Other rights as provided for under existing laws, rules and regulations. (a)

SECTION 38. Rights of Victims of Offenses Committed by Children in Conflict with the Law. — In any case involving a child in conflict with the law, the victim has the following rights:

(1) To be reasonably protected from the child in conflict with the law;

(2) To timely notice of any hearing involving the crime or of any release or escape of the child in conflict with the law;

(3) Not to be excluded from any public proceeding, unless the court, after receiving clear and convincing evidence, determines that the testimony by the victim would be materially altered if the victim heard other testimony in that proceeding;

(4) To be reasonably heard at any administrative or public proceeding involving diversion, release, plea, suspension of sentence and determination of disposition measures, or any parole proceeding;

(5) To confer with the prosecutor in the case;

(6) To avail of legal assistance from the Public Attorney's Office, Integrated Bar of the Philippines, any other legal aid office, or any law practitioner;

(7) To be informed of the availability of compensation from the Department of Justice Board of Claims in accordance with the provisions of Republic Act No. 7309 (1992);

(8) To be entitled to support services from the Department of Social Welfare and Development and local government units;

(9) To be entitled to all legal remedies and support as provided for under the Family Code;

(10) To be informed of the rights and the services available to victims of offenses including the right to apply for a protection order;

(11) To full and timely restitution as provided by law;

(12) To proceedings that are free from unreasonable delay;

(13) To be treated with fairness and with respect for the victim's dignity and privacy; and

(14) To be provided with the appropriate assistance and psychological intervention by the local social welfare and development office, the Department of Social Welfare and Development and other concerned agencies. (a)

SECTION 39. Responsibilities of the Court. — For the protection of the rights of the child in the conflict with the law, the court shall have the following responsibilities:

(1) To monitor the status of a child whose case is pending in its court placed in a "Bahay Pag-asa" or other institution during the pendency of the child's case;

(2) To receive and refer to the proper agency complaints concerning violations of the rights of the child whose case is pending in its court;

(3) To require all professionals working for the welfare of the child, such as barangay captains, teachers, social workers, medical professionals, and law enforcers, to render regular monthly reports to the court;

(4) To order access to adequate services for rehabilitation, counseling and other forms of reintegration for the child;

(5) To ensure that the child who is capable of forming his or her own views has the right to express those views freely in all matters affecting the child, and that such views be accorded due weight in accordance with the developmental age and maturity of the child;

(6) To ensure that the child, either directly or through a representative, is provided the opportunity to be heard in all proceedings affecting such child;

(7) To ensure communication at all times between the judge and the child;

(8) To ensure that the child sits with close family members and other persons of the child's choice during the court proceedings;

(9) To ensure that the child can communicate freely with counsel at all times;

(10) To ensure that the child is informed in age-appropriate language of all stages of the judicial proceeding affecting such child;

(11) To ensure that a child placed in a "Bahay Pag-asa" or Youth Rehabilitation Center or in any child facility be given appropriate medical examination in order to determine and put on record any evidence of ill-treatment; to identify any physical or mental condition requiring medical attention; and thereafter make sure that the child is provided adequate treatment and medical attention;

(12) To ensure that a child is informed as soon as possible of the death, serious illness or injury of any immediate family member and be allowed to visit the ill family member or attend the funeral, when appropriate and advisable;

(13) To ensure that if a child dies during the pendency of the case or within six (6) months from release, an independent inquiry is conducted on the circumstances of the death and a report thereof, including the child's death certificate, be made available to the child's mother or father, guardian, custodian or nearest relative;

(14) When appropriate and advisable, to allow the child to temporarily leave the detention home or rehabilitation center by means of an "out-on-pass" order to attend special family occasions such as Christmas and New Year celebrations. The "out-on-pass" order shall contain reasonable restrictions to ensure safety, security and timely return to detention as may be determined by the court;

(15) To allow at all times, and from the moment of initial contact, any member of the family or the guardian of the child to visit the child, unless prejudicial to the latter's best interest;

(16) To allow the appointment of a Guardian Ad Litem if available and advisable, to enable the child to raise concerns and complaints without fear of retribution; and

(17) To undertake all other appropriate measures to ensure the promotion of the best interest of the child and the child's eventual reintegration in society. (a)

SECTION 40. Determination of the Bests Interests of the Child. — The following factors may be considered in determining the best interests of a child in conflict with the law: the child's age and sex, the child's mental and physical health, the mental and physical health of the parents, their lifestyle and other social factors; the emotional ties between the parents and the child, the ability of the parents to provide the child with food, shelter, clothing and medical care; the established living pattern for the child concerning school, home, community and religious institution, quality of schooling, the existence of other relatives who may be in a better position to be with the child and the child's relationship with these relatives; the child's background, maturity and level of understanding, sexual orientation, lifestyle and any other characteristics and needs of the child that the court may deem relevant.

SECTION 41. Arraignment and Plea. — The provisions of Rules 116 and 117 of the Revised Rules of Criminal Procedure shall apply to the arraignment of the child in conflict with the law. The arraignment shall be scheduled within three (3) days from the date of receipt of the complaint or Information by the court, unless a shorter period is provided for by law. In case the child is not assisted by a private counsel, the court shall immediately appoint its Public Attorney as the child's counsel de officio.

Arraignment shall be held in chambers and conducted by the judge by furnishing the child and counsel a copy of the complaint or Information, reading the same in a language or dialect known to and understood by the child, explaining the nature and consequences of a plea of guilty or not guilty and asking the child's plea.

SECTION 42. Pre-Trial. — The provisions of Rule 118 of the Revised Rules of Criminal Procedure shall govern the pre-trial of the child in conflict with the law. Agreements or admissions made during the pre-trial conference shall be in writing and signed by the child, the mother, father or duly appointed guardian, and counsel; otherwise, the agreements or admissions shall not be admissible against the child. Whenever possible and practicable, the court shall explore all possibilities of settlement of the case, except its criminal aspect. Plea bargaining shall be resorted to when it shall serve the best interest of the child and the demands of truth and restorative justice. (a)

SECTION 43. Trial. — All hearings shall be conducted in a manner conducive to the best interest of the child and in an environment that will allow the child to participate fully and freely in accordance with the Rule on Examination of a Child Witness.

SECTION 44. Guiding Principles in Judging the Child. — Subject to the provisions of the Revised Penal Code, as amended, and other special laws, the judgment against a child in conflict with the law shall be guided by the following principles:

(1) The judgment shall be in proportion to the gravity of the offense, and shall consider the circumstances and the best interest of the child, the rights of the victim, and the needs of society in line with the demands of restorative justice. (a)

(2) Restrictions on the personal liberty of the child shall be limited to the minimum. Where discretion is given by law to the judge to determine whether the penalty to be imposed is fine or imprisonment, the imposition of fine should be preferred as the more appropriate penalty.

(3) No corporal punishment shall be imposed. acEHCD

(4) In case of the presence of any exculpatory evidence or doubt in the prosecution's evidence, the doubt shall be resolved in favor of the child.

SECTION 45. Promulgation of Sentence. — If, after the trial, the court should find the child in conflict with the law guilty beyond reasonable doubt of the offense charged, it shall impose the proper penalty, including any civil liability which the child may have incurred, and promulgate the sentence in accordance with Section 6, Rule 120 of the Revised Rules of Criminal Procedure.

SECTION 46. Automatic Suspension of Sentence and Disposition Orders. — If the child is found guilty of the offense charged, the court, instead of executing the judgment of conviction, shall place the child in conflict with the law under suspended sentence, without need of application. Suspension of sentence can be availed of even if the child is already eighteen years (18) of age or more but not above twenty-one (21) years old, at the time of the pronouncement of guilt, without prejudice to the child's availing of other benefits such as probation, if qualified, or adjustment of penalty, in the interest of justice.

The benefits of suspended sentence shall not apply to a child in conflict with the law who has once enjoyed suspension of sentence, but shall nonetheless apply to one who is convicted of an offense punishable by reclusion perpetua or life imprisonment pursuant to the provisions of Republic Act No. 9346 prohibiting the imposition of the death penalty and in lieu thereof, reclusion perpetua, and after application of the privileged mitigating circumstance of minority. If the child in conflict with the law reaches eighteen (18) years of age while under suspended sentence, the court shall determine, upon the recommendation of the social worker assigned to the child and after considering the various circumstances, whether to discharge the child in accordance with the provisions of Republic Act No. 9344, as amended, or to extend the suspended sentence for a maximum period of up to the time the child reaches twenty-one (21) years of age, or to order service of sentence. (a)

SECTION 47. Disposition Conference. — In case of suspended sentence, the court shall set the case for disposition conference within fifteen (15) days from the promulgation of sentence with notice to the social worker of the court, the child and the parents or guardian of the child and the child's counsel, the victim and counsel. At the conference, the court shall proceed to determine and issue any or a combination of the following disposition measures best suited to the rehabilitation and welfare of the child:

(1) Care, guidance, and supervision orders;

(2) Community service orders;

(3) Drug and alcohol treatment;

(4) Participation in group counseling and similar activities; and

(5) Commitment to the Youth Rehabilitation Center of the Department of Social Welfare and Development or other centers for children in conflict with the law authorized by the Secretary of the Department of Social Welfare and Development.

SECTION 48. Compliance with Disposition Measures. — The social worker assigned to the child shall monitor the compliance by the child in conflict with the law with the disposition measures and shall submit regularly to the court a status and progress report on the matter. The court may set a conference for the evaluation of such report in the presence, if practicable, of the child, the parents or guardian, counsel and other persons whose presence may be deemed necessary.

SECTION 49. Discharge of Child Subject of Disposition Measure. — Upon the recommendation of the social worker assigned to the child, the court shall, after due notice to all parties and hearing, dismiss the case against the child who has been issued disposition measures, even before reaching eighteen (18) years of age, and order a final discharge if it finds that the child has been rehabilitated and has shown the capability to be a useful member of the community. If the court finds that the child (a) is incorrigible; or (b) has not shown the capability of becoming a useful member of society; or (c) has willfully failed to comply with the conditions of the disposition or rehabilitation program; (d) or the child's continued stay in the training institution is not in the child's best interest, the child shall be brought before the court for execution of the judgment. The final release of the child shall not extinguish the civil liability. The parents and other persons exercising parental authority over the child shall be civilly liable for the injuries and damages caused by the acts or omissions of the child living in their company and under the parental authority subject to the appropriate defenses provided by law.

SECTION 50. Probation as an Alternative to Imprisonment. — The court may, after it shall have convicted and sentenced a child in conflict with the law and upon application at any time, place the child on probation if qualified, in lieu of service of sentence taking into account the best interest of the child.

SECTION 51. Credit in Service of Sentence. — The child in conflict with the law shall be credited in the service of his/her sentence with the full time spent in actual commitment and detention under Republic Act No. 9344, as amended.

Any form of physical restraint imposed on the child in conflict with the law, including community service and commitment to a rehabilitation center, shall be considered preventive imprisonment. (a)

SECTION 52. Confidentiality of Proceedings and Records. — All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case by the court shall be considered privileged and confidential. The public shall be excluded during the proceedings and pursuant to the provisions of Section 31 of the Rule on Examination of a Child Witness, the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the child may have the sentence suspended under Section 38 of this Rule or if the child may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action.

The court shall employ other measures to protect confidentiality of proceedings including non-disclosure of records to the media, the maintenance of a separate police blotter for cases involving children in conflict with the law and the adoption of a system of coding to conceal material information, which will lead to the child's identity. The records of children in conflict with the law shall not be used in subsequent proceedings or cases involving the same offender as an adult, except when beneficial for the offender and upon his/her written consent. (a)

SECTION 53. Non-Liability for Perjury or Concealment or Misrepresentation. — Any person who has been in conflict with the law as a child shall not be held guilty of perjury or of concealment or misrepresentation by reason of failure to acknowledge the case or recite any fact related thereto in response to any inquiry.

SECTION 54. Sealing of Records. — The court, motu proprio or upon application of a person who has been adjudged a child in conflict with the law, or if still a minor, on motion of the parents or legal guardian, shall, upon notice to the prosecution and after hearing, order the sealing of the records of the case if it finds that two (2) years have elapsed since the final discharge of the child after suspension of sentence or probation, or from the date of the closure order and the child has no pending case of an offense or a crime involving moral turpitude. Upon entry of the order, the case shall be treated as if it never occurred. All index references shall be deleted and in case of inquiry, the court, prosecution, law enforcement officers and all other offices and agencies than dealt with the case shall reply that no record exists with respect to the child concerned. Copies of the order shall be sent to these officials and agencies named in the order. Inspection of the sealed records thereafter may be permitted only by order of the court upon petition of the child who is the subject of the records or of other proper parties. This procedure shall be without prejudice to the rule on destruction of video or audio tapes under Section 31 of the Rule on the Examination of a Child Witness.

SECTION 55. Prohibition of Labeling. — In the conduct of proceedings from initial contact with the child in conflict with the law to the final disposition of the case, there shall be no branding or labeling of the child as a young criminal, juvenile delinquent, prostitute, vagrant, or attaching to the child in any manner any derogatory description or name. Likewise, no discriminatory statements, conduct and practices shall be allowed, particularly with respect to the child's social or economic status, physical or mental disability or ethnic origin.

SECTION 56. Contempt Powers. — A person who directly or indirectly disobeys any order of the court or obstructs or interferes with its proceedings or the enforcement of its orders issued under this Rule shall be liable for contempt of court.

SECTION 57. Effectivity. — This 2019 Revised Rule on Children in Conflict with the Law shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of national circulation.

Proposed Rule on Precautionary Hold Departure Order

SECTION 1. Precautionary Hold Departure Order. — is an order in writing issued by a court commanding the Bureau of Immigration to prevent any attempt by a person suspected of a crime to depart from the Philippines, which shall be issued ex-parte in cases involving crimes where the minimum of the penalty prescribed by law is at least six (6) years and one (1) day or when the offender is a foreigner regardless of the imposable penalty.

SECTION 2. Where Filed. — The application for a precautionary hold departure order may be filed by a prosecutor with any regional trial court within whose territorial jurisdiction the alleged crime was committed: Provided, that for compelling reasons, it can be filed with any regional trial court within the judicial region where the crime was committed if the place of the commission of the crime is known; Provided, further, that the regional trial courts in the City of Manila, Quezon City, Cebu City, Iloilo City, Davao City, and Cagayan de Oro City shall also have the authority to act on applications filed by the prosecutor based on complaints instituted by the National Bureau of Investigation, regardless where the alleged crime was committed.

SECTION 3. Finding of Probable Cause. — Upon motion by the complainant in a criminal complaint filed before the office of the city or provincial prosecutor, and upon a preliminary determination of probable cause based on the complaint and attachments, the investigating prosecutor may file an application in the name of the People of the Philippines for a precautionary hold departure order (PHDO) with the proper regional trial court. The application shall be accompanied by the complaint-affidavit and its attachments, personal details, passport number and a photograph of the respondent, if available.

SECTION 4. Grounds for Issuance. — A precautionary hold departure order shall not issue except upon determination by the judge, in whose court the application is filed, that probable cause exists, and there is a high probability that respondent will depart from the Philippines to evade arrest and prosecution of crime against him or her. The judge shall personally examine under oath or affirmation, in the form of searching questions and answers in writing, the applicant and the witnesses he or she may produce on facts personally known to them and attaching to the record their sworn statements.

If the judge finds that probable cause exists and there is a high probability that the respondent will depart, he or she shall issue the PHDO and direct the Bureau of Immigration to hold and prevent the departure of the respondent at any Philippine airport or ports. Otherwise, the judge shall order the dismissal of the application.

SECTION 5. Preliminary Finding of Probable Cause. — Since the finding of probable cause by the judge is solely based on the complaint and is specifically issued for the purpose of issuing the PHDO, the same shall be without prejudice to the resolution of the prosecutor of the criminal complaint considering the complaint-affidavit, counter-affidavit, reply-affidavit, and the evidence presented by both parties during the preliminary investigation. If the prosecutor after preliminary investigation dismisses the criminal complaint for lack of probable cause then the respondent may use the dismissal as a ground for the lifting of the PHDO with the regional trial court that issued the order. If the prosecutor finds probable cause and files the criminal information, the case with the court that issued the PHDO, on motion of the prosecutor shall be consolidated with the court where the criminal information is filed.

SECTION 6. Form and Validity of the Precautionary Hold Departure Order. — The precautionary hold departure order shall indicate the name of the respondent, his or her alleged crime, the time and place of its commission, and the name of the complainant. (See Annex "A" herein). A copy of the application, personal details, passport number, photograph of the respondent, if available, shall be appended to the order. The order shall be valid until lifted by the issuing court as may be warranted by the result of the preliminary investigation.

The court shall furnish the Bureau of Immigration with a duly certified copy of the hold departure order within twenty-four (24) hours from issuance.

SECTION 7. Lifting of the Order. — The respondent may file a verified motion before the issuing court for the temporary lifting of PHDO on meritorious ground; that, based on the complaint-affidavit and the evidence that he or she will present, there is doubt that probable cause exists to issue the PHDO or it is shown that he or she is not a flight risk: Provided, that the respondent posts a bond; Provided, further, that the lifting of the PHDO is without prejudice to the resolution of the preliminary investigation against the respondent.

SECTION 8. Bond. — Respondent may ask the issuing court to allow him or her to leave the country upon posting of a bond in an amount to be determined by the court subject to the conditions set forth in the Order granting the temporary lifting of the PHDO.

SECTION 9. Effectivity. — This Rule shall take effect within fifteen (15) days following its publication in two (2) newspapers of general circulation in the Philippines.

ANNEX A

REPUBLIC OF THE PHILIPPINES

Regional Trial Court

PHDO NO. 18-______

PEOPLE OF THE PHILIPPINES, plaintiff, vs. A.B., respondent.

PRECAUTIONARY HOLD DEPARTURE ORDER

The above-entitled petition having been filed against the respondent;

SURNAME —

GIVEN NAME —

ALIAS —

MIDDLE NAME —

DATE OF BIRTH —

PLACE OF BIRTH —

RESIDENCE/S —

NATIONALITY —

PASSPORT NUMBER —

COMPLETE TITLE/DOCKET NUMBER OF CASE * —

WHERE PENDING —

NATURE OF THE CASE —

and appears to the satisfaction of the court after examining under oath (name of applicant), his/her witness/es, supporting affidavits and documents, that there is probable cause to believe that respondent will depart from the Philippines to evade arrest and prosecution of crime against him or her, HEREBY ORDERS, the Commissioner of the Bureau of Immigration and Deportation to hold the departure from the Philippines of the above-named respondent and to include his/her name in the Hold Departure List of the said office.

Let copy of this Order be furnished to the Commissioner of the Bureau of Immigration and Deportation.

SO ORDERED.

August _____, 2018

RTC Judge

July 3, 2018

RESOLUTION

WHEREAS, Republic Act No. 10175, otherwise known as the "Cybercrime Prevention Act of 2012," defines acts constituting cybercrime offenses; prescribes penalties therefor; and provides procedures facilitating their detection, investigation, and prosecution;

WHEREAS, the detection, investigation, and prosecution of cybercrime offenses necessitate a rule of procedure therefor, especially for the application, issuance, and implementation of court warrants technically-suited to the nature of cybercrime offenses;

WHEREAS, pursuant to Section 5 (5), Article VIII of the 1987 Constitution, the Supreme Court is vested with the power to promulgate rules concerning the pleading, practice, and procedure in all courts;

WHEREAS, the Supreme Court, through Memorandum Order No. 11-17 dated February 2, 2017, tasked the Sub-Committee on Commercial Courts to draft the rules of procedure "that shall respond to the technical requirements of cybercrime prosecution and aid the cybercrime courts in the exercise of their special jurisdiction" through a Technical Working Group created for the purpose;

WHEREAS, the Supreme Court, through A.M. No. 17-11-03-SC dated July 3, 2018, approved the Rule on Cybercrime Warrants.

NOW, THEREFORE, acting on the recommendation of the Sub-Committee on Commercial Courts, the Court resolved to APPROVE the "Rule on Cybercrime Warrants."

The Rule on Cybercrime Warrants shall take effect on August 15, 2018 following its publication in the Official Gazette or in two newspapers of national circulation not later than July 30, 2018.

SECTION 1 Preliminary Provisions

SECTION 1.1. Title. — This Rule shall be known and cited as the "Rule on Cybercrime Warrants."

SECTION 1.2. Scope and Applicability. — This Rule sets forth the procedure for the application and grant of warrants and related orders involving the preservation, disclosure, interception, search, seizure, and/or examination, as well as the custody, and destruction of computer data, as provided under Republic Act No. (RA) 10175, otherwise known as the "Cybercrime Prevention Act of 2012."

SECTION 1.3. Supplementary Nature of this Rule to the Existing Rules of Procedure and Remedies. — This Rule supplements the existing Rules of Criminal Procedure, which provisions shall continue to govern the preliminary investigation and all stages of prosecution of criminal actions involving violations of RA 10175, including all crimes defined and penalized by the Revised Penal Code, as amended, and special laws, committed by, through, and with the use of information and communications technologies.

Remedies provided under existing procedural rules shall, whenever applicable, be made available to any party who seeks relief against any of the orders provided under this Rule.

SECTION 1.4. Definition of Terms. — For purposes of this Rule:

a) Communication — refers to the transmission of information through information and communications technology (ICT) media, including voice, video, and other forms of data;

b) Computer — refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device;

c) Computer data — refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function, and includes electronic documents and/or electronic data messages whether stored in local computer systems or online;

d) Computer system — refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data;

e) Content data — refers to the content of the communication, the meaning or purported meaning of the communication, or the message or information being conveyed by the communication, other than traffic data;

f) Cybercrime court — refers to any of the Regional Trial Courts which are designated as special cybercrime courts;

g) Forensic image — also known as a forensic copy, refers to an exact bit-by-bit copy of a data carrier, including slack, unallocated space, and unused space;

h) Forensics — refers to the application of investigative and analytical techniques that conform to evidentiary standards for use in court;

i) Hash value — refers to the mathematical algorithm produced against digital information (a file, a physical disk or a logical disk) thereby creating a "digital fingerprint" or "digital DNA" for that information;

j) Information and Communications Technology (ICT) — refers to the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information;

k) Interception — refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content data, either directly, through access and use of a computer system, or indirectly through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring;

l) Item — is a general term used to refer to objects of the warrant application and/or the warrant itself, such as the subject computer data, the related computer device/s, and/or other parts of the computer system;

m) Offense — is a general term used to refer to either a violation of Section 4 (Cybercrime Offenses), Section 5 (Other Offenses), or Section 6 (all crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, if committed by, through, and with the use of ICT), Chapter II of RA 10175;

n) Off-site search — refers to the process whereby law enforcement authorities, by virtue of a warrant to search, seize, and examine, are allowed to bring the computer device/s and/or parts of the computer system outside the place to be searched in order to conduct the forensic examination of the computer data subject of the warrant;

o) On-site search — refers to the process whereby law enforcement authorities, by virtue of a warrant to search, seize, and examine, obtains the computer data subject thereof for forensic examination, without the need of bringing the related computer device/s and/or parts of the computer system outside the place to be searched;

p) Preservation — refers to the keeping of data that already exists in a stored form, protected from anything that would cause its current quality or condition to change or deteriorate;

q) Service provider — refers to: (a) any public or private entity that provides users of its service the ability to communicate by means of a computer system; and (b) any other entity that processes or stores computer data on behalf of such communication service or users of such service;

The term service provider as used in this Rule is understood to include any service provider offering its services within the territory of the Philippines, regardless of its principal place of business;

r) Subscriber's information — refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services, other than traffic or content data, and by which any of the following can be established:

1. The type of communication service used, the technical provisions taken therewith, and the period of service;

2. The subscriber's identity, postal or geographic address, telephone and other access number, any assigned network address, billing and payment information that are available on the basis of the service agreement or arrangement; or

3. Any other available information on the site of the installation of communication equipment that is available on the basis of the service agreement or arrangement; and

s) Traffic data — refers to any computer data other than the content of the communication, including, but not limited to, the communication's origin, destination, route, time, date, size, duration, or type of underlying service.

SECTION 2 General Provisions

SECTION 2.1. Venue of Criminal Actions. — The criminal actions for violation of Section 4 (Cybercrime offenses) and/or Section 5 (Other offenses), Chapter II of RA 10175, shall be filed before the designated cybercrime court of the province or city where the offense or any of its elements is committed, or where any part of the computer system used is situated, or where any of the damage caused to a natural or juridical person took place: Provided, that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of the other courts.

All other crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, committed by, through, and with the use of ICT, as provided under Section 6, Chapter II of RA 10175, shall be filed before the regular or other specialized regional trial courts, as the case may be.

SECTION 2.2. Where to File an Application for a Warrant. — An application for a warrant under this Rule concerning a violation of Section 4 (Cybercrime Offenses) and/or Section 5 (Other Offenses), Chapter II of RA 10175 shall be filed by the law enforcement authorities before any of the designated cybercrime courts of the province or the city where the offense or any of its elements has been committed, is being committed, or is about to be committed, or where any part of the computer system used is situated, or where any of the damage caused to a natural or juridical person took place. However, the cybercrime courts in Quezon City, the City of Manila, Makati City, Pasig City, Cebu City, Iloilo City, Davao City and Cagayan De Oro City shall have the special authority to act on applications and issue warrants which shall be enforceable nationwide and outside the Philippines.

On the other hand, an application for a warrant under this Rule for violation of Section 6, Chapter II of RA 10175 (all crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, if committed by, through, and with the use of ICT) shall be filed by the law enforcement authorities with the regular or other specialized regional trial courts, as the case may be, within its territorial jurisdiction in the places above-described.

SECTION 2.3. Incidents Related to the Warrant When a Criminal Action is Instituted. — Once a criminal action is instituted, a motion to quash and other incidents that relate to the warrant shall be heard and resolved by the court that subsequently acquired jurisdiction over the criminal action. The prosecution has the duty to move for the transmittal of the records, as well as the transfer of the items' custody to the latter court, which procedure is set forth in Section 7.2 of this Rule.

SECTION 2.4. Examination of Applicant and Record. — Before issuing a warrant, the judge must personally examine in the form of searching questions and answers, in writing and under oath, the applicant and the witnesses he may produce, on facts personally known to them and attach to the record their sworn statements, together with the judicial affidavits submitted.

SECTION 2.5. Effective Period of Warrants. — Any warrant issued under this Rule shall only be effective for the length of time as determined by the court, which shall not exceed a period of ten (10) days from its issuance. The court issuing the warrant may, upon motion, extend its effectivity based only on justifiable reasons for a period not exceeding ten (10) days from the expiration of the original period.

SECTION 2.6. Contempt. — Failure to timely file the returns for any of the issued warrants under this Rule or to duly turn-over to the court's custody any of the items disclosed, intercepted, searched, seized, and/or examined as prescribed hereunder, shall subject the responsible law enforcement authorities to an action for contempt, which procedures shall be governed by Rule 71 of the Rules of Civil Procedure, insofar as they are applicable.

SECTION 2.7. Obstruction of Justice for Non-Compliance; Where to File. — Pursuant to Section 20, Chapter IV of RA 10175, failure to comply with the provisions of Chapter IV, specifically the orders from law enforcement authorities, shall be punished as a violation of Presidential Decree No. 1829, entitled "Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders."

The criminal charge for obstruction of justice shall be filed before the designated cybercrime court that has jurisdiction over the place where the non-compliance was committed.

SECTION 2.8. Extraterritorial Service of Warrants and Other Court Processes. — For persons or service providers situated outside of the Philippines, service of warrants and/or other court processes shall be coursed through the Department of Justice-Office of Cybercrime, in line with all relevant international instruments and/or agreements on the matter.

SECTION 3 Preservation of Computer Data

SECTION 3.1. Preservation of Computer Data. — Pursuant to Section 13, Chapter IV of RA 10175, the integrity of traffic data and subscriber's information shall be kept, retained, and preserved by a service provider for a minimum period of six (6) months from the date of the transaction. On the other hand, content data shall be preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6) months: Provided, that once computer data that is preserved, transmitted or stored by a service provider is used as evidence in a case, the receipt by the service provider of a copy of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the final termination of the case and/or as ordered by the court, as the case may be.

The service provider ordered to preserve computer data shall keep the order and its compliance therewith confidential.

SECTION 4 Disclosure of Computer Data

SECTION 4.1. Disclosure of Computer Data. — Pursuant to Section 14, Chapter IV of RA 10175, law enforcement authorities, upon securing a Warrant to Disclose Computer Data (WDCD) under this Rule, shall issue an order requiring any person or service provider to disclose or submit subscriber's information, traffic data or relevant data in his/her or its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.

SECTION 4.2. Warrant to Disclose Computer Data (WDCD). — A WDCD is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to issue an order to disclose and accordingly, require any person or service provider to disclose or submit subscriber's information, traffic data, or relevant data in his/her or its possession or control.

SECTION 4.3. Contents of Application for a WDCD. — The verified application for a WDCD, as well as the supporting affidavits, shall state the following essential facts:

1. The probable offense involved;

2. Relevance and necessity of the computer data or subscriber's information sought to be disclosed for the purpose of the investigation;

3. Names of the individuals or entities whose computer data or subscriber's information are sought to be disclosed, including the names of the individuals or entities who have control, possession or access thereto, if available;

4. Particular description of the computer data or subscriber's information sought to be disclosed;

5. Place where the disclosure of computer data or subscriber's information is to be enforced, if available;

6. Manner or method by which the disclosure of the computer data or subscriber's information is to be carried out, if available; and

7. Other relevant information that will persuade the court that there is a probable cause to issue a WDCD.

SECTION 4.4. Issuance and Form of WDCD. — If the judge is satisfied that there is probable cause to believe that the facts upon which the application for WDCD exists, he/she shall issue the WDCD, which must be substantially in the form prescribed in "Annex A" of this Rule.

SECTION 4.5. Return on the WDCD; Retained Copy. — Within forty-eight (48) hours from implementation or after the expiration of the effectivity of the WDCD, whichever comes first, the authorized law enforcement officer shall submit a return on the WDCD to the court that issued it and simultaneously turn over the custody of the disclosed computer data or subscriber's information thereto as provided under Section 7.1 of this Rule.

It is the duty of the issuing judge to ascertain if the return has been made, and if none, to summon the law enforcement officer to whom the WDCD was issued and require him to explain why no return was made, without prejudice to any action for contempt as provided under Section 2.6 of this Rule.

Law enforcement authorities are allowed to retain a copy of the disclosed computer data or subscriber's information subject of the WDCD which may be utilized for case build-up or preliminary investigation purposes, without the need of any court intervention; Provided, that the details thereof are kept strictly confidential and that the retained copy shall be labelled as such.

The retained copy shall be turned over upon the filing of a criminal action involving the disclosed computer data or subscriber's information to the court where such action has been instituted, or if no criminal action has been filed, upon order of the issuing court under the procedure set forth in paragraph 3 of Section 8.2 of this Rule.

Upon its turn-over, the retained copy shall always be kept, destroyed, and/or returned together with the computer data or subscriber's information that was originally turned over to the issuing court under the first paragraph of this Section.

SECTION 4.6. Contempt. — Non-compliance with the order to disclose issued by law enforcement authorities shall be deemed non-compliance with the WDCD on which the said order is based, and shall likewise give rise to an action for contempt under Section 2.6 of this Rule.

SECTION 5 Interception of Computer Data

SECTION 5.1. Interception of Computer Data. — Interception, as defined under Section 3 (m), Chapter I of RA 10175, may be carried out only by virtue of a court issued warrant, duly applied for by law enforcement authorities.

SECTION 5.2. Warrant to Intercept Computer Data (WICD). — A WICD is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to carry out any or all of the following activities: (a) listening to, (b) recording, (c) monitoring, or (d) surveillance of the content of communications, including procuring of the content of computer data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.

SECTION 5.3. Contents of Application for WICD. — The verified application for a WICD, as well as the supporting affidavits, shall state the essential facts similar to those in Section 4.3 of this Rule, except that the subject matter is the communication or computer data sought to be intercepted.

SECTION 5.4. Issuance and Form of WICD. — If the judge is satisfied that there is probable cause to believe that the facts upon which the application for WICD exists, he shall issue the WICD, which must be substantially in the form prescribed in "Annex B" of this Rule.

SECTION 5.5. Return on the WICD. — Within forty-eight (48) hours from implementation or after the expiration of the effectivity of the WICD, whichever comes first, the authorized law enforcement officers shall submit a return on the WICD to the court that issued it and simultaneously turn-over the custody of the intercepted communication or computer data thereto as provided under Section 7.1 of this Rule.

It is the duty of the issuing judge to ascertain if the return has been made, and if none, to summon the law enforcement officer to whom the WICD was issued and require him to explain why no return was made, without prejudice to any action for contempt as provided under Section 2.6 of this Rule.

SECTION 5.6. Notice after Filing of Return. — Within thirty (30) days from the filing of the return, or, if no return is filed, from the lapse of the forty-eight (48)-hour period to file the return, the authorized law enforcement officer has the duty to notify the person whose communications or computer data have been intercepted of the activities conducted pursuant to the WICD. If a return has been filed, a copy of the same shall be attached to the notice. On the other hand, if no return has been filed, the notice shall state the details of the interception activities, including the contents of the intercepted communication or computer data.

Within ten (10) days from notice, the person whose communications or computer data have been intercepted may challenge, by motion, the legality of the interception before the issuing court.

SECTION 6 Search, Seizure and Examination of Computer Data

SECTION 6.1. Warrant to Search, Seize and Examine Computer Data (WSSECD). — A Warrant to Search, Seize and Examine Computer Data (WSSECD) is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to search the particular place for items to be seized and/or examined.

SECTION 6.2. Contents of Application for a WSSECD. — The verified application for a WSSECD, as well as the supporting affidavits, shall state the essential facts similar to those in Section 4.3 of this Rule, except that the subject matter is the computer data sought to be searched, seized, and examined, and all other items related thereto. In addition, the application shall contain an explanation of the search and seizure strategy to be implemented, including a projection of whether or not an off-site or on-site search will be conducted, taking into account the nature of the computer data involved, the computer or computer system's security features, and/or other relevant circumstances, if such information is available.

SECTION 6.3. Issuance and Form of WSSECD. — If the judge is satisfied that there is probable cause to believe that the facts upon which the application for WSSECD exists, he shall issue the WSSECD, which must be substantially in the form prescribed under "Annex C" of this Rule.

SECTION 6.4. Off-Site and On-Site Principle; Return of Items Seized Off-Site. — Law enforcement authorities shall, if the circumstances so allow, endeavor to first make a forensic image of the computer data on-site as well as limit their search to the place specified in the warrant. Otherwise, an off-site search may be conducted, provided that a forensic image is, nevertheless, made, and that the reasons for the said search are stated in the initial return.

A person whose computer devices or computer system have been searched and seized off-site may, upon motion, seek the return of the said items from the court issuing the WSSECD: Provided, that a forensic image of the computer data subject of the WSSECD has already been made. The court may grant the motion upon its determination that no lawful ground exists to otherwise withhold the return of such items to him.

SECTION 6.5. Allowable Activities during the Implementation of the WSSECD. — Pursuant to Section 15, Chapter IV of RA 10175, the interception of communications and computer data may be conducted during the implementation of the WSSECD: Provided, that the interception activities shall only be limited to communications and computer data that are reasonably related to the subject matter of the WSSECD; and that the said activities are fully disclosed, and the foregoing relation duly explained in the initial return.

Likewise, law enforcement authorities may order any person, who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein, to provide, as is reasonable, the necessary information to enable the undertaking of the search, seizure and examination.

SECTION 6.6. Initial Return. — Within ten (10) days from the issuance of the WSSECD, the authorized law enforcement officers shall submit an initial return that contains the following information:

1. A list of all the items that were seized, with a detailed identification of: (a) the devices of the computer system seized, including the name, make, brand, serial numbers, or any other mode of identification, if available; and (b) the hash value of the computer data and/or the seized computer device or computer system containing such data;

2. A statement on whether a forensic image of the computer data was made on-site, and if not, the reasons for making the forensic image off-site;

3. A statement on whether the search was conducted on-site, and if not, the reasons for conducting the search and seizure off-site;

4. A statement on whether interception was conducted during the implementation of the WSSECD, together with (a) a detailed identification of all the interception activities that were conducted; (b) the hash value/s of the communications or computer data intercepted; and (c) an explanation of the said items' reasonable relation to the computer data subject of the WSSECD;

5. List of all the actions taken to enforce the WSSECD, from the time the law enforcement officers reached the place to be seized until they left the premises with the seized items and reached the place where the items seized were stored and secured for examination; and

6. A reasonable estimation of how long the examination of the items seized will be concluded and the justification therefor.

It is the duty of the issuing judge to ascertain if the initial return has been made, and if none, to summon the law enforcement authority to whom the WSSECD was issued and require him to explain why no initial return was made, without prejudice to any action for contempt as provided under Section 2.6 of this Rule.

SECTION 6.7. Period to Examine and Order to Return. — After the initial return is submitted to the court pursuant to the WSSECD, the court shall issue an order fixing the period to conclude the examination of all the items seized, which period may be extended not exceeding thirty (30) days, upon motion, for justifiable reasons.

SECTION 6.8. Final Return on the WSSECD. — Within forty-eight (48) hours after the expiration of the period to examine as provided under Section 6.7 of this Rule, the authorized law enforcement officers shall submit a final return on the WSSECD to the court that issued it, and simultaneously turn-over the custody of the seized computer data, as well as all other items seized and/or the communications or computer data intercepted in relation thereto, following the procedure under Section 7.1 of this Rule.

It is the duty of the issuing judge to ascertain if the final return has been made, and if none, to summon the law enforcement officer to whom the WSSECD was issued and require him to explain why no final return was made, without prejudice to any action for contempt as provided under Section 2.6 of this Rule.

SECTION 6.9. Examination Where Lawful Possession of Device is Obtained; Warrant to Examine Computer Data (WECD). — Upon acquiring possession of a computer device or computer system via a lawful warrantless arrest, or by any other lawful method, law enforcement authorities shall first apply for a warrant before searching the said computer device or computer system for the purpose of obtaining for forensic examination the computer data contained therein. The warrant therefor shall be denominated as a Warrant to Examine Computer Data (WECD).

The verified application for a WECD, as well as the supporting affidavits, shall state the essential facts similar to those in Section 4.3 of this Rule, except that the subject matter is the computer data sought to be examined. In addition, the application shall disclose the circumstances surrounding the lawful acquisition of the computer device or computer system containing the said computer data.

If the judge is satisfied that there is probable cause to believe that the facts upon which the application for WECD exists, he shall issue the WECD, which must be substantially in the form prescribed under "Annex D" of this Rule.

The initial and final returns, as well as the period to examine under a WECD, shall be similarly governed by the procedures set forth in Sections 6.6 to 6.8 of this Rule.

Interception of communications and computer data may be likewise conducted during the implementation of the WECD under the same conditions stated in Section 6.5 of this Rule.

SECTION 7 Custody of Computer Data

SECTION 7.1. Deposit and Custody of Seized Computer Data. — Upon the filing of the return for a WDCD or WICD, or the final return for a WSSECD or WECD, all computer data subject thereof shall be simultaneously deposited in a sealed package with the same court that issued the warrant. It shall be accompanied by a complete and verified inventory of all the other items seized in relation thereto, and by the affidavit of the duly authorized law enforcement officer containing:

1. The date and time of the disclosure, interception, search, seizure, and/or examination of the computer data, as the case may be. If the examiner or analyst has recorded his/her examination, the recording shall also be deposited with the court in a sealed package and stated in the affidavit;

2. The particulars of the subject computer data, including its hash value;

3. The manner by which the computer data was obtained;

4. Detailed identification of all items seized in relation to the subject computer data, including the computer device containing such data and/or other parts of the computer system seized, indicating the name, make, brand, serial numbers, or any other mode of identification, if available;

5. The names and positions of the law enforcement authorities who had access to the computer data from the time of its seizure until the termination of the examination but prior to depositing it with the court, and the names of officers who will be delivering the seized items to the court;

6. The name of the law enforcement officer who may be allowed access to the deposited data. When the said officer dies, resigns of severs tie with the office, his/her successor may, upon motion, be granted access to the deposit; and

7. A certification that no duplicates or copies of the whole or any part thereof have been made, or if made, all such duplicates or copies are included in the sealed package deposited, except for the copy retained by law enforcement authorities pursuant to paragraph 3 of Section 4.5 of this Rule.

The return on the warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the description of the sealed package deposited, the name of the affiant, and other actions of the judge.

SECTION 7.2. Duty of the Prosecutor When Criminal Action is Instituted. — Once a criminal action is instituted, it shall be the duty of the prosecutor, or his/her duly authorized representatives, to move for the immediate transmittal of the records as well as the transfer of the intercepted, disclosed, searched, seized and/or examined computer data and items, including the complete and verified inventory thereof, to the court that subsequently acquired jurisdiction over the criminal action. The motion for the purpose shall be filed before the court that issued the warrant and has custody of the computer data within ten (10) days from the time the criminal action is instituted and shall be acted upon by the court within a period of five (5) days.

SECTION 7.3. Access to and Use of Computer Data. — The package containing the computer data so deposited under Section 7.1 of this Rule shall not be opened, or the recordings replayed, or its contents revealed, or, in any manner, used as evidence, except upon motion duly granted by the court. The motion for the purpose shall state:

1. The relevance of the computer data sought to be opened, replayed, revealed, or used as evidence; and

2. The names of the persons who will be allowed to have access thereto, if the motion is granted.

The motion shall further include proof of service of copies sent to the person or persons whose computer data is the subject of the motion. The said person or persons shall be given ten (10) days from receipt of notice thereof to file a comment, after which the court shall rule on the motion, unless it finds it necessary to conduct a clarificatory hearing for the purpose.

SECTION 8 Destruction of Computer Data

SECTION 8.1. Duty of Service Providers and Law Enforcement Authorities to Destroy. — Pursuant to Section 17 of RA 10175, upon expiration of the periods as provided in Sections 13 and 15 of the said law, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of preservation and examination.

SECTION 8.2. Destruction and Return of Computer Data in the Custody of the Court. — Upon motion and due hearing, the court may, for justifiable reasons, order the complete or partial destruction, or the return to its lawful owner or possessor, of the computer data or any of the related items turned over to its custody.

Likewise, the court may, motu proprio, and upon written notice to all the parties concerned, order the complete or partial destruction, or return to its lawful owner or possessor, of the computer data or any of the related items turned over to its custody if no preliminary investigation or case involving these items has been instituted after thirty-one (31) days from their deposit, or if preliminary investigation has been so instituted within this period, upon finality of the prosecutor's resolution finding lack of probable cause. In its sound discretion, the court may conduct a clarificatory hearing to further determine if there is no reasonable opposition to the items' destruction or return.

If the court finds the destruction or return of disclosed computer data or subscriber's information subject of a WDCD to be justified under this Section, it shall first issue an order directing the law enforcement authorities to turn-over the retained copy thereof as described in paragraph 3 of Section 4.5 of this Rule. Upon its turn-over, the retained copy shall be simultaneously destroyed or returned to its lawful owner or possessor together with the computer data or subscriber's information that was originally turned over to the issuing court. HEITAD

SECTION 8.3. Destruction of Computer Data; How Made. — The destruction of computer data and related items, if so allowed under Section 8.2 of this Rule, shall be made in the presence of the Branch Clerk-of-Court, or in his/her absence, in the presence of any other person duly designated by the court to witness the same. The accused or the person/s from whom such items were seized, or his/her representative or counsel, as well as the law enforcement officer allowed access to such items as indicated in the inventory, or his/her duly authorized representative, may also be allowed to witness the said activity; Provided, that they appear during the scheduled date of destruction upon written notice to them by the Branch Clerk-of-Court at least three (3) days prior to the aforementioned date.

Within twenty-four (24) hours from the destruction of the computer data, the Branch Clerk-of-Court or the witness duly designated by the court shall issue a sworn certification as to the fact of destruction and file the said certificate with the same court.

The storage device, or other items turned over to the court's custody, shall be destroyed by shredding, drilling of four holes through the device, prying the platters apart, or other means in accordance with international standards that will sufficiently make it inoperable.

ANNEX A

Warrant to Disclose Computer Data

ANNEX B

Warrant to Intercept Computer Data

ANNEX C

Warrant to Search, Seize, and Examine Computer Data

ANNEX D

Warrant to Examine Computer Data

Published in the Philippine Daily Inquirer and The Philippine Star on July 28, 2018.

In all other cases where the imposable penalty is life imprisonment or life imprisonment to death, plea bargaining is not allowed. Plea bargaining is also not allowed under Section 5 (Sale, Trading, etc. of Dangerous Drugs) involving all other kinds of dangerous drugs, except shabu and marijuana.

The Office of the Court Administrator is DIRECTED to ISSUE a Circular for dissemination to all concerned.

(b) Evidence in petition for bail

The resolution of petition for bail shall be based solely on the evidence presented during the bail proceedings by the prosecution. The prosecution shall present only pieces of evidence that are essential in establishing that the evidence of guilt is strong. The accused need not present evidence to contradict or rebut the prosecution's evidence.

(c) Non-suspension of the presentation of evidence

The court shall not suspend the presentation of the evidence in chief while awaiting resolution of the petition for bail or the motion for reconsideration.

11. Form of Testimony

(a) For First Level Courts

In all criminal cases, including those covered by the Rule on Summary Procedure, the testimonies of witnesses shall consist of the duly subscribed written statements given to law enforcement or peace officers or the affidavits or counter-affidavits submitted before the investigating prosecutor, and if such are not available, testimonies shall be in the form of judicial affidavits, subject to additional direct and cross-examination questions.

The trial prosecutor may dispense with the sworn written statements submitted to the law enforcement or peace officers and prepare the judicial affidavits of the affiants or modify or revise the said sworn statements before presenting it as evidence.

(b) For Second Level Courts, Sandiganbayan and Court of Tax Appeals

In criminal cases where the demeanor of the witness is not essential in determining the credibility of said witness, such as forensic chemists, medico-legal officers, investigators, auditors, accountants, engineers, custodians, expert witnesses and other similar witnesses, who will testify on the authenticity, due execution and the contents of public documents and reports, and in criminal cases that are transactional in character, such as falsification, malversation, estafa, or other crimes where the culpability or innocence of the accused can be established through documents, the testimonies of the witnesses shall be the duly subscribed written statements given to law enforcement or peace officers or the affidavits or counter-affidavits submitted before the investigating prosecutor, and if such are not available, testimonies shall be in the form of judicial affidavits, subject to additional direct and cross-examination questions.

In all other cases where the culpability or the innocence of the accused is based on the testimonies of the alleged eyewitnesses, the testimonies of these witnesses shall be in oral form.

12. Stipulations

During pre-trial/preliminary conference, the court shall require the parties to enter into stipulations on the subject of both direct and cross-examinations of witnesses who have no personal knowledge of the material facts constituting the crimes, such as forensic chemists, medico-legal officers, investigators, auditors, accountants, engineers, custodians, expert witnesses and other similar witnesses, who will testify on the authenticity, due execution and the contents of public documents and reports; corroborative witnesses; and those who will testify on the civil liability.

This rule is without prejudice to allowing additional direct and cross-examination questions.

If stipulations cannot be had in full, where the adverse party does not waive the right to cross-examination, the subject of the direct testimony of these witnesses should be stipulated upon, without prejudice to additional direct and cross-examination questions.

13. Trial

(a) The court shall encourage the accused and the prosecution to avail of:

i. For the accused — Secs. 12 and 13, Rule 119 on the application for examination of witness for accused before trial and how it is made; and

ii. For the prosecution — Sec. 15, Rule 119 on the conditional examination of witness for the prosecution.

(b) Absence of counsel de parte. — In the absence of counsel de parte, the hearing shall proceed upon appointment by the court of a counsel de officio.

(c) Offer of evidence. — The offer of evidence, the comment/objection thereto, and the court ruling shall be made orally. A party is required to make his/her oral offer of evidence on the same day after the presentation of his/her last witness, and the opposing party is required to immediately interpose his/her oral comment/objection thereto. Thereafter, the court shall make a ruling on the offer of evidence in open court.

In making the offer, the counsel shall cite the specific page numbers of the court record where the exhibits being offered are found, if attached thereto. The court shall ensure that all exhibits offered are submitted to it on the same day of the offer.

If the exhibits are not attached to the record, the party making the offer must submit the same during the offer of evidence in open court.

(d) Demurrer to Evidence. — After the prosecution has rested its case, the court shall inquire from the accused if he/she desires to move for leave of court to file a demurrer to evidence, or to proceed with the presentation of his/her evidence. (See Annex 9)

If the accused orally moves for leave of court to file a demurrer to evidence, the court shall orally resolve the same. If the motion for leave is denied, the court shall issue an order for the accused to present and terminate his/her evidence on the dates previously scheduled and agreed upon, and to orally offer and rest his/her case on the day his/her last witness is presented.

If despite the denial of the motion for leave, the accused insists on filing the demurrer to evidence, the previously scheduled dates for the accused to present evidence shall be cancelled.

The demurrer to evidence shall be filed within a non-extendible period of ten (10) calendar days from the date leave of court is granted, and the corresponding comment shall be filed within a non-extendible period of ten (10) calendar days counted from date of receipt of the demurrer to evidence. The demurrer shall be resolved by the court within a non-extendible period of thirty (30) calendar days from date of the filing of the comment or lapse of the ten (10)-day period to file the same.

If the motion for leave of court to file demurrer to evidence is granted, and the subsequent demurrer to evidence is denied, the accused shall likewise present and terminate his/her evidence (one day apart, morning and afternoon) and shall orally offer and rest his/her case on the day his/her last witness is presented. The court shall rule on the oral offer of evidence of the accused and the comment or objection of the prosecution on the same day of the offer. If the court denies the motion to present rebuttal evidence because it is no longer necessary, it shall consider the case submitted for decision. (See Annex 10)

(e) Presentation of Rebuttal and Sur-rebuttal Evidence. — If the court grants the motion to present rebuttal evidence, the prosecution shall immediately proceed with its presentation after the accused had rested his/her case, and orally rest its case in rebuttal after the presentation of its last rebuttal witness. Thereafter, the accused shall immediately present sur-rebuttal evidence, if there is any, and orally rest the case in sur-rebuttal after the presentation of its last sur-rebuttal witness. Thereafter, the court shall submit the case for decision. (See Annexes 11 to 13)

(f) One-day examination of witness rule. — The court shall strictly adhere to the rule that a witness has to be fully examined in one (1) day.

14. Memoranda

The submission of memoranda is discretionary on the part of the court, which in no case shall exceed twenty-five (25) pages in length, single-spaced, on legal size paper, using size 14 font. The period to submit memoranda shall be non-extendible and shall not suspend the running of the period of promulgation of the decision; thus, with or without memoranda, the promulgation shall push through as scheduled.

15. Lack of Stenographic Notes

Judges who conducted the trial and heard the testimonies of some or all of the witnesses shall not defer the submission of the case for decision on the ground of incomplete or missing transcript of stenographic notes. If the case was heard completely by another judge, not the judge tasked to write the decision, the latter shall direct the stenographers concerned to submit the complete transcripts within a period of thirty (30) calendar days from date of his/her assumption to office.

16. Promulgation

(a) Schedule of promulgation. — The court shall announce in open court and include in the order submitting the case for decision, the date of the promulgation of its decision which shall not be more than ninety (90) calendar days from the date the case is submitted for decision, 2 except when the case is covered by Special Rules and other laws which provide for a shorter period. 3

(b) Resolution of motion for reconsideration of judgment of conviction or motion for new trial. — A motion for reconsideration of judgment of conviction or motion for new trial under Rule 121 filed within the reglementary period of fifteen (15) days from promulgation shall be resolved within a non-extendible period of ten (10) calendar days from the submission of the comment of the prosecution. With or without comment, the court shall resolve the motion within the ten (10)-day period.

17. Inventory of Criminal Cases

The one (1) week of each semester devoted for the conduct of annual and semi-annual physical inventory of cases and preparation of the semestral docket inventory report pursuant to Administrative Circular No. 76-2007 shall not suspend court hearings.

18. Posting

The Revised Guidelines shall be posted at all floors of the covered halls of justice, the Sandiganbayan, the Court of Tax Appeals and the offices of their respective Clerks of Court, including all offices of the Integrated Bar of the Philippines and other Bar associations.

IV. Monitoring, Evaluation and Training

The application of and adherence to the Revised Guidelines shall be subject to periodic monitoring by the Committee and its Technical staff by visitation and submission of data.

For this purpose, all courts covered by the Revised Guidelines shall accomplish and submit a periodic report of data in a form to be generated and distributed by the Committee.

Training of judges and court personnel shall be undertaken by the PHILJA in coordination with the Committee and its Technical staff.

V. Effect of Non-Compliance

Non-compliance with the Revised Guidelines, including failure to observe the timelines and deadlines herein provided, is a ground for disciplinary action.

VI. Repealing Clause

Existing rules and guidelines inconsistent with the Revised Guidelines are deemed amended or repealed.

VII. Effectivity

The Revised Guidelines shall take effect on 1 September 2017, after publication for two (2) consecutive weeks in two (2) newspapers of general circulation.

ANNEX 1 Template; Waiver of Reading of Informations:

"I hereby voluntarily waive the reading of the Informations with full comprehension of the consequences thereof, and that I understand the nature of the charges against me as alleged in the Informations, as the same were read and explained to me earlier by the court and my counsel in a language or dialect known and understood by me.

Accused

Signed in the presence of:

Public Prosecutor Counsel de parte/de officio"

ANNEX 2 Template Judgement; Plea to a Lesser Offense; Non-Detention Prisoners:

"When the accused was arraigned for the lesser crime of ______________, by reading the Information in a language or dialect known and understood by the accused, assisted by his/her counsel de officio/de parte (name of counsel), accused, entered a plea of guilty. The private complainant (name of complainant) consented to* and the public prosecutor (name of prosecutor) conformed with the accused pleading guilty to a lesser offense.

WHEREFORE, judgment is hereby rendered finding the accused (name of the accused) guilty beyond reasonable doubt of the crime of __________, defined and penalized under ___________, and is hereby sentenced to suffer the penalty** of ___________.

The accused is further ordered to pay (name of private complainant/s or heirs of private complainant/s) the amount/s of ________________ (as civil indemnity, actual, moral, and/or exemplary damages) with legal interest at the rate of six percent (6%) per annum on all damages awarded from finality of this judgment until fully paid.***

SO ORDERED."

* If victimless crime, the consent should be given by the arresting officer.

** It may be a straight penalty if imposed by the First Level Court and the penalty is one (1) year or less. But, if imposed by the Second Level Court, the penalty must provide for a minimum period and a maximum period, unless the applicable penalty is one (1) year or less.

*** Delete if civil liability is waived or when it is a victimless crime.

ANNEX 3 Template Judgment; Plea to a Lesser Offense; Detention Prisoner:

"When the accused was arraigned for the lesser crime of ____________, by reading the Information in a language or dialect known and understood by the accused, assisted by his/her counsel de officio/de parte (name of counsel), accused entered a plea of guilty. The private complainant (name of complainant) consented* to and the public prosecutor (name of prosecutor) conformed with the accused pleading guilty to a lesser offense.

WHEREFORE, judgment is hereby rendered finding the accused (name of the accused) guilty beyond reasonable doubt of the crime of _________, defined and penalized under ________________, and is hereby sentenced to suffer the indeterminate penalty** of _______________.

The accused is further ordered to pay (name of private complainant/s or heirs of private complainant/s) the amount/s of _________________ (as civil indemnity, actual, moral, and/or exemplary damages), with legal interest at the rate of six (6%) per annum on all damages awarded from finality of this judgment until fully paid.***

The period within which the accused was detained shall be credited to him in full, as long as he abides by and follows strictly the rules and regulations of the institution where he is detained or confined.****

SO ORDERED."

* If victimless crime, the consent should be given by the arresting officer.

** It may be a straight penalty if imposed by the First Level Court and the penalty is one (1) year or less. But, if imposed by the Second Level Court, the penalty must provide for a minimum period and a maximum period, unless the applicable penalty is one (1) year or less.

*** Delete if civil liability is waived or when it is a victimless crime.

**** Applicable to detention prisoner.

ANNEX 4 Template Judgment; Plea of Guilty to the Crime Charged; Detention Prisoner:

"When the accused was arraigned by reading the Information in the language or dialect known and understood by him/her, assisted by his/her counsel de officio/de parte (name of counsel), the accused entered a plea of guilty. When queried, the accused and his/her counsel informed the court that the accused fully understands the nature and consequence of his entering a plea of guilty to the crime charged in the Information.

WHEREFORE, judgment is hereby rendered finding the accused (name of the accused) guilty beyond reasonable doubt of the crime _____________, as defined and penalized under ___________, and there being one (1) mitigating circumstance of plea of guilty as provided for in Paragraph 7 of Article 13 of the Revised Penal Code,* is hereby sentenced to suffer the indeterminate penalty** of _____________.

The accused is further ordered to pay (name of private complainant/s or heirs of private complainant/s) the amount/s of ____________ (as civil indemnity, actual, moral, and/or exemplary damages), with legal interest at the rate of six (6%) per annum on all damages awarded from finality of this judgment until fully paid.***

The period within which the accused was detained shall be credited to him in full, as long as he abided by and strictly followed the rules and regulations of the institution where he was detained or confined.****

SO ORDERED."

* Only in those crimes where plea of guilty is allowed as a mitigating circumstance.

** It may be a straight penalty if imposed by the First Level Court and the penalty is one (1) year or less. But, if imposed by the Second Level Court, the penalty must provide for a minimum period and a maximum period.

*** Delete if civil liability is waived or when it is a victimless crime.

**** Delete if accused is not a detention prisoner.

ANNEX 5 Template Order When there is No Plea Bargaining or Plea of Guilty but the case is referred for mediation:

"When the accused (name of accused), assisted by his/her counsel de parte/de officio (name of counsel), was arraigned by reading to him/her the Information in a language or dialect known and understood by him/her, said accused entered the plea of Not Guilty.

Thereafter, pre-trial proceeded and the parties took up the following matters:

(Indicate matters taken up in line with Rule 118 on Pre-Trial, including the form of testimony as provided under subheading III, item no. 11, par. (b) of the Revised Guidelines)

Trial shall proceed on _________, all at 8:30 in the morning and 2:00 in the afternoon, for the prosecution to present and terminate its evidence; and on ________, all at 8:30 in the morning and 2:00 in the afternoon, for the defense to present and terminate its evidence.*

The trial dates are final and intransferrable, and no motions for postponement that are dilatory in character shall be entertained by the court. If such motions are granted in exceptional cases, the postponement/s by either party shall be deducted from such party's allotted time to present evidence.

The parties are hereby ordered to immediately proceed and personally appear at the Philippine Mediation Center located at ___________________ (PMC Unit) today, (date today), with or without their counsel/s, for mediation proceedings. The assigned Mediator is ordered to submit a report to this court on the results of the mediation based on the factual and legal issues to be resolved within a non-extendible period of thirty (30) calendar days from the date of the court's referral of this case to the PMC Unit.

Should mediation fail after the lapse of the said 30-day period, the parties are ordered to appear before the court so that the trial shall proceed on the trial dates indicated above.

Failure of the party or his/her counsel to comply with the aforementioned schedule of hearings and deadlines shall be a ground for the imposition of fines and other sanctions by the court.

The accused (name of accused), his counsel (name of counsel), public prosecutor (name of prosecutor), and the witness (name of witness) are hereby notified of this Order in open court. The court shall no longer issue a subpoena to the parties present today.

SO ORDERED."

* This will depend on the number of witnesses listed in the information. It is suggested that for every witness, two (2) trial dates should be allotted. The trial dates should likewise be one (1) day apart.

ANNEX 6 Template Order When there is No Plea Bargaining or Plea of Guilty and the case is not referred for mediation:

"When the accused (name of accused), assisted by his/her counsel de parte/de officio (name), was arraigned by reading to him/her the Information in a language or dialect known and understood by him/her, said accused entered the plea of Not Guilty.

Thereafter, pre-trial proceeded and the parties took up the following matters:

(Indicate matters taken up in line with Rule 118 on Pre-trial, including the form of testimony as provided under subheading III, Item No. 11, par. (b) of the Revised Guidelines)

Trial shall proceed on ___________, all at 8:30 in the morning and 2:00 in the afternoon, for the prosecution to present and terminate its evidence; and on __________, all at 8:30 in the morning and 2:00 in the afternoon, for the defense to present and terminate its evidence.*

The trial dates are final and intransferrable, and no motions for postponement that are dilatory in character shall be entertained by the court. If such motions are granted in exceptional cases, the postponements/s by either party shall be deducted from such party's allotted time to present evidence.

Failure of the party or his/her counsel to comply with the aforementioned schedule of hearings and deadlines shall be a ground for the imposition of fines and other sanctions by the court.

The accused (name of accused), his counsel (name of counsel), public prosecutor (name of prosecutor), and the witness (name of witness) are hereby notified of this Order in open court. The court shall no longer issue a subpoena to the parties present today.

SO ORDERED."

* This will depend on the number of witnesses listed in the information. It is suggested that for every witness, two (2) trial dates should be allotted. The trial dates should likewise be one (1) day apart, morning and afternoon.

ANNEX 7 Template Order; No Plea Bargaining or Plea of Guilty; Case Covered by the Rule on Summary Procedure is referred for mediation:

"When the accused (name), assisted by his/her counsel de parte/de officio (name), was arraigned by reading to him/her the Information in a language or dialect known and understood by him/her, said accused entered the plea of Not Guilty.

Thereafter, preliminary conference proceeded and the parties took up the following matters:

(Indicate matters taken up in line with Section 14 of the Rule on Summary Procedure)

Trial will proceed on __________, all at 8:30 in the morning and 2:00 in the afternoon, for the prosecution of present and terminate its evidence; and on ________, all at 8:30 in the morning and 2:00 in the afternoon, for the defense to present and terminate its evidence.*

The trial dates are final and intransferrable, and no motions for postponement that are dilatory in character shall be entertained by the court. If such motions are granted in exceptional cases, the postponement/s by either party shall be deducted from such party's allotted time to present evidence.

The parties are hereby ordered to immediately proceed and personally appear at the Philippine Mediation Center located at ___________ (PMC Unit) today, (date today), with or without their counsel/s, for mediation proceedings. The assigned Mediator is ordered to submit a report to this court on the results of the mediation based on the factual and legal issues to be resolved within a non-extendible period of thirty (30) calendar days from the date of the court's referral of this case to the PMC Unit.

Should mediation fail after the lapse of the said 30-day period, the parties are ordered to appear before the court so that the trial shall proceed on the trial dates indicated above.

Failure of the party or his/her counsel to comply with the aforementioned schedule of hearings and deadlines shall be a ground for the imposition of fines and other sanctions by the court.

The accused (name), his/her counsel (name), public prosecutor (name), and the witness (name) are hereby notified of this Order in open court. The court shall no longer issue subpoena to the parties present today.

SO ORDERED."

* This will depend on the number of witnesses listed in the information. It is suggested that for every witness, two (2) trial dates should be allotted. The trial dates should likewise be one (1) day apart.

ANNEX 8-A Template Order; Petition for Bail: Ordinary Cases

"When the accused (name), assisted by his/her counsel de parte/de officio (name), was arraigned by reading to him/her the Information in a language or dialect known and understood by him/her, said accused entered the plea of Not Guilty.

Thereafter, pre-trial proceeded and the parties took up the following matters:

(Indicate matters taken up in line with Rule 118 on Pre-trial, including the form of testimony as provided under subheading III, item no. 11 (b) of the Revised Guidelines)

The petition for bail shall be heard summarily on ____________. (Within 30 days from conclusion of the arraignment and pre-trial, 1 day apart each, both at 8:30 in the morning and 2:00 in the afternoon, and must be terminated within the 30 days from the first hearing date.)

The trial for the presentation and reception of the Prosecution's evidence-in-chief shall proceed on ___________. (The first trial date shall be immediately after the expiration of the 30-day period to hear and resolve the petition for bail, and next trial dates shall be 1 day apart each, but shall in no case exceed 60 days.)

The accused shall present and terminate its evidence on ____________. (Trial dates shall likewise be 1 day apart each, but not to exceed 90 days.)

The hearing and trial dates are final and intransferrable, and no motions for postponement that are dilatory in character shall be entertained by the court. If such motions are granted in exceptional cases, the postponement/s by either party shall be deducted from such party's allotted time to present evidence.

Failure of the party or his/her counsel to comply with the aforementioned schedule of hearings and deadlines shall be a ground for the imposition of fines and other sanctions by the court.

The accused (name of accused), his counsel (name of counsel), public prosecutor (name of prosecutor), and the witness (name of witness) are hereby notified of this Order in open court. The court shall no longer issue a subpoena to the parties present today.

SO ORDERED."

ANNEX 8-B Template Order; Petition for Bail: Drug Cases

"When the accused (name), assisted by his/her counsel de parte/de officio (name), was arraigned by reading to him/her the Information in a language or dialect known and understood by him/her, said accused entered the plea of Not Guilty.

Thereafter, pre-trial proceeded and the parties took up the following matters:

(Indicate matters taken up in line with Rule 118 on Pre-trial, including the form of testimony as provided under subheading III, item no. 11 (b) of the Revised Guidelines)

The petition for bail shall be heard summarily on ____________. (The hearing and the resolution of the petition shall be within 20 days from arraignment and pre-trial, and the hearing dates shall be 1 day apart each, both at 8:30 in the morning and 2:00 in the afternoon.)

The trial for the presentation and reception of the Prosecution's evidence-in-chief shall proceed on __________. (The first trial date shall be immediately after the expiration of the 20-day period to hear and resolve the petition for bail, and next trial dates shall be 1 day apart each, but shall in no case exceed 5 days.)

The accused shall present and terminate its evidence on _______________. (Trial dates shall likewise be 1 day apart each, but not to exceed 25 days.)

The hearing and trial dates are final and intransferrable, and no motions for postponement that are dilatory in character shall be entertained by the court. If such motions are granted in exceptional cases, the postponement/s by either party shall be deducted from such party's allotted time to present evidence.

Failure of the party or his/her counsel to comply with the aforementioned schedule of hearings and deadlines shall be a ground for the imposition of fines and other sanctions by the court.

The accused (name of accused), his counsel (name of counsel), public prosecutor (name of prosecutor), and the witness (name of witness) are hereby notified of this Order in open court. The court shall no longer issue a subpoena to the parties present today.

SO ORDERED."

ANNEX 9 Template Order on Resting the Case of the Prosecution:

"After the prosecution rested its case today, trial shall proceed on __________, as previously scheduled for the accused to present and terminate his evidence, of which dates and time, the accused, his/her counsel and the prosecutor are already notified in open court.

SO ORDERED."

ANNEX 10 Template Order on Resting the Case of the Accused; Case is Submitted for Decision:

"After the presentation of its last witness, the defense rested its case. There being no rebuttal evidence to be presented by the prosecution, the court considers the case submitted for decision. The promulgation of the decision of this case is hereby set on ________________, of which date and time,* the accused, his/her counsel, and the prosecution are already notified of this order in open court this morning.

SO ORDERED."

* Should not be more than ninety (90) days from the submission of the case for decision for regular cases; fifteen (15) days from the date of submission of the case for resolution for drug cases; sixty (60) days counted from the last day of the 30-day period to file the memoranda for environmental cases; 60 days from the time the case is submitted for decision, with or without the memoranda for intellectual property cases; and others that may be provided in new Rules and Laws.

ANNEX 11 Template Order on Resting the Case of the Accused when Motion to File Memoranda is Granted; Case is Submitted for Decision:

"After the accused rested his/her case today and there being no rebuttal evidence to be presented by the prosecution, the court considers the case submitted for decision.

As prayed for, the parties are hereby given thirty (30) days from today within which to submit their respective memoranda.

With or without memoranda, the promulgation of the decision of this case is hereby set on ____________, of which date and time,* the accused, his/her counsel and the public prosecutor, are already notified of this order in open court.

SO ORDERED."

* Should not be more than ninety (90) days from the submission of the case for decision for regular cases.

ANNEX 12 Template Order on Presentation and Offer of Rebuttal Evidence of Prosecution:

"After the accused rested his/her case today, the presentation of rebuttal evidence of the prosecution is hereby set on _________, and the presentation of surrebuttal evidence of the accused is hereby set on __________, as previously scheduled.

SO ORDERED."

• After the presentation of the rebuttal witness, the prosecution should orally offer its evidence in rebuttal and the counsel for the accused should immediately raise his objections or comments, the court shall resolve the offer and respective objection or comment, and thereafter, start with the presentation of the surrebuttal witness.

ANNEX 13 Template Order on Presentation and Offer of Surrebuttal Evidence of the Accused:

"After the accused rested his/her evidence on surrebuttal, the court considers the case submitted for decision. The promulgation is hereby set on _____________, * of which date and time, accused and his/her counsel and the prosecution are already notified of this order in open court this morning.

SO ORDERED."

* Should not be more than ninety (90) days from the submission of the case for decision for regular cases.

Footnotes

1. Comprehensive Dangerous Drugs Act of 2002, Cybercrime Prevention Act of 2012, Rules of Procedure for Environmental Cases, Rules of Procedure for Intellectual Property Rights Cases, and Criminal Cases cognizable by Family Courts and Commercial Courts.

4.n For those covered by Regular Rules, including Sandiganbayan and Court of Tax Appeals.

5. For those covered by Special Laws and Rules:

a) Drug cases — fifteen (15) days from the date of submission for resolution of the case;

b) Environmental cases — sixty (60) days from the last day of the 30-day period to file the memoranda;

c) Intellectual Property Rights cases — 60 days from the time the case is submitted for decision, with or without the memoranda; and

d) Others that may be provided in other Rules and Laws.

Published in The Philippine Star on May 7, 2017.

March 18, 2014

GUIDELINES FOR DECONGESTING HOLDING JAILS BY ENFORCING THE RIGHTS OF ACCUSED PERSONS TO BAIL AND TO SPEEDY TRIAL

WHEREAS, the Constitution provides in Section 13, Article III, that all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction be bailable by sufficient sureties or released on recognizance as the law may provide and further, that excessive bail shall not be required;

WHEREAS, the Supreme Court has allowed the summary hearing of applications for bail of persons charged with offenses punishable by death, reclusion perpetua, or life imprisonment;

WHEREAS, there is a need to effectively implement existing policies laid down by the Constitution, the laws and the rules respecting the accused's rights to bail and to speedy trial in the context of decongesting our detention jails and humanizing the conditions of detained persons pending the hearing of their cases;

WHEREAS, the Supreme Court Committee for the Decongestion of Provincial, City, and Municipal Jails has recommended for the adoption of guidelines for decongesting holding jails by enforcing the rights of accused persons to bail and to speedy trial; and

WHEREAS, the Supreme Court En Banc, finds merit in the recommendation.

NOW, THEREFORE, all trial courts, public prosecutors, public attorneys, private practitioners, and other persons involved in protecting and ensuring the grant to the accused of his rights to bail and to speedy trial are enjoined as follows:

A. The Right to Bail

SECTION 1. Duty of the Court to Fix the Appropriate Bail. — (a) The court shall, after finding sufficient cause to hold the accused for trial, fix the amount of bail that the latter may post for his provisional release, taking into account the public prosecutor's recommendation and any relevant data that the court may find from the criminal information and the supporting documents submitted with it, regarding the following:

(1) Financial ability of the accused to give bail;

(2) Nature and circumstances of the offense;

(3) Penalty for the offense charged;

(4) Character and reputation of the accused;

(5) Age and health of the accused;

(6) Weight of the evidence against the accused;

(7) Probability of the accused appearing in trial;

(8) Forfeiture of other bonds;

(9) Fact that accused was a fugitive from justice when arrested; and

(10) Pendency of cases in which the accused is under bond.

The Department of Justice's Bail Bond Guide shall be considered but shall not be controlling. In no case shall the court require excessive bail.

SECTION 2. Fixing of the Amount of Bail. — Pending the raffle of the case to a regular branch of the court, the accused may move for the fixing of the amount of bail, in which event, the Executive Judge shall cause the immediate raffle of the case for assignment and the hearing of the motion.

SECTION 3. When Amount of Bail may be Reduced. — If the accused does not have the financial ability to post the amount of bail that the court initially fixed, he may move for its reduction, submitting for that purpose such documents or affidavits as may warrant the reduction he seeks. The hearing of this motion shall enjoy priority in the hearing of cases.

SECTION 4. Order Fixing the Amount of Bail Inappealable. — The order fixing the amount of the bail shall not be subject to appeal.

SECTION 5. Release After Service of Minimum Imposable Penalty. — The accused who has been detained for a period at least equal to the minimum of the penalty for the offense charged against him shall be ordered released, motu proprio or on motion and after notice and hearing, on his own recognizance without prejudice to the continuation of the proceedings against him. [Sec. 16, Rule 114 of the Rules of Court and Sec. 5 (b) of R.A. 10389]

SECTION 6. Bail in Offenses Punishable by Death, Reclusion Perpetua or Life Imprisonment. — a) The hearing of the accused's motion for bail in offenses punishable by death, reclusion perpetua or life imprisonment shall be summary, with the prosecution bearing the burden of showing that the evidence of guilt is strong. The accused may at his option, if he wants the court to consider his evidence as well, submit in support of his motion the affidavits of his witnesses attesting to his innocence.

b) At the hearing of the accused's motion for bail, the prosecution shall present its witnesses with the option of examining them on direct or adopting the affidavits they executed during the preliminary investigation as their direct testimonies.

c) The court shall examine the witnesses on their direct testimonies or affidavits to ascertain if the evidence of guilt of the accused is strong. The court's questions need not follow any particular order and may shift from one witness to another. The court shall then allow counsels from both sides to examine the witnesses as well. The court shall afterwards hear the oral arguments of the parties on whether or not the evidence of guilt is strong.

d) Within forty-eight (48) hours after hearing, the court shall issue an order containing a brief summary of the evidence adduced before it, followed by its conclusion of whether or not the evidence of guilt is strong. Such conclusion shall not be regarded as a pre-judgment on the merits of the case that is to be determined only after a full-blown trial.

SECTION 7. Frivolous Complaints Against Judges. — A party or a lawyer who is guilty of filing a frivolous administrative complaint or a petition for inhibition against a judge arising from the latter's action on the application for bail may be appropriately sanctioned.

B. The Right to Speedy Trial

SECTION 8. Observance of Time Limits. — It shall be the duty of the trial court, the public or private prosecutor, and the defense counsel to ensure, subject to the excluded delays specified in Rule 119 of the Rules of Court and the Speedy Trial Act of 1998, compliance with the following time limits in the prosecution of the case against a detained accused:

(a) The case of the accused shall be raffled and referred to the trial court to which it is assigned within three days from the filing of the information;

(b) The court shall arraign the accused within ten (10) days from the date of the raffle;

(c) The court shall hold the pre-trial conference within thirty (30) days after arraignment or within ten (10) days if the accused is under preventive detention; provided, however, that where the direct testimonies of the witnesses are to be presented through judicial affidavits, the court shall give the prosecution not more than twenty (20) days from arraignment within which to prepare and submit their judicial affidavits in time for the pre-trial conference;

(d) After the pre-trial conference, the court shall set the trial of the case in the pre-trial order not later than thirty (30) days from the termination of the pre-trial conference; and

(e) The court shall terminate the regular trial within one hundred eighty (180) days, or the trial by judicial affidavits within sixty (60) days, reckoned from the date trial begins, minus the excluded delays or postponements specified in Rule 119 of the Rules of Court and the Speedy Trial Act of 1998.

SECTION 9. Dismissal on Ground of Denial of the Right to Speedy Trial. — The case against the detained accused may be dismissed on ground of denial of the right to speedy trial in the event of failure to observe the above time limits.

SECTION 10. Provisional Dismissal. — (a) When the delays are due to the absence of an essential witness whose whereabouts are unknown or cannot be determined and, therefore, are subject to exclusion in determining compliance with the prescribed time limits which caused the trial to exceed one hundred eighty (180) days, the court shall provisionally dismiss the action with the express consent of the detained accused.

(b) When the delays are due to the absence of an essential witness whose presence cannot be obtained by due diligence though his whereabouts are known, the court shall provisionally dismiss the action with the express consent of the detained accused provided:

(1) the hearing in the case has been previously twice postponed due to the non-appearance of the essential witness and both the witness and the offended party, if they are two different persons, have been given notice of the setting of the case for third hearing, which notice contains a warning that the case would be dismissed if the essential witness continues to be absent; and

(2) there is proof of service of the pertinent notices of hearings or subpoenas upon the essential witness and the offended party at their last known postal or e-mail addresses or mobile phone numbers.

(c) For the above purpose, the public or private prosecutor shall first present during the trial the essential witness or witnesses to the case before anyone else. An essential witness is one whose testimony dwells on the presence of some or all of the elements of the crime and whose testimony is indispensable to the conviction of the accused.

SECTION 11. Service of Subpoena and Notices Through Electronic Mail or Mobile Phones. — Subpoena and notices may be served by the court to parties and witnesses through electronic mails (e-mail) or through mobile phone either through phone calls or through short messaging service (SMS).

SECTION 12. Proof of Service of Notice of Hearing or Subpoena. — To ascertain the proper service of notice of hearing or subpoena:

(a) The public prosecutor shall, during inquest or preliminary investigation, require the complainant and his witnesses and, in proper cases, the police officers who witnessed the commission of the crime subject of the investigation, to leave with him their postal and e-mail addresses and mobile phone numbers for use in summoning them when they need to appear at the hearings of the case.

(b) When requesting the court to issue a subpoena or subpoena duces tecum for their witnesses, the parties shall provide the court with the postal and e-mail addresses and mobile phone numbers of such witnesses.

(c) The service of notice of hearing or subpoena at the postal address, e-mail address, or through mobile phone number shall be proved by any of the following:

(1) an officer's return or affidavit of service if done by personal service, or by registry return card;

(2) printouts of sent e-mail and the acknowledgment by the recipient;

(3) printouts of electronic messages transmitted through the court's equipment or device and the acknowledgment by the recipient; or

(4) reports of phone calls made by the court.

(d) The postal and e-mail addresses as well as the mobile phone numbers supplied by the parties and their witnesses incident to court cases shall be regarded as part of the judicial processes in those cases. Consequently, any person who uses the same without proper authority or for purposes other than sending of court notices shall be deemed guilty of indirect contempt and accordingly punished.

(e) In cases of police officers whose testimonies are essential to the prosecution of the case, service of the notice of hearing or subpoena on them shall be made through the police unit responsible for the arrest and prosecution of the accused, copy furnished the Personnel Department of the Philippine National Police. It shall be the responsibility of the head of that police unit to ensure the transmission of the notice or subpoena to the addressee. Service upon the police unit shall be deemed service upon such police officers.

(f) The court shall cause the service of a copy of the order of provisional dismissal upon the offended party in the manner provided above.

SECTION 13. Report of Government Expert Witnesses. — A certified copy of the report of a government medical, chemical, or laboratory expert relating to a criminal case shall be admissible as prima facie evidence of the truth of its contents. The personal appearance in court of a witness who prepared the report shall be unnecessary unless demanded by the accused for the purpose of cross-examination.

SECTION 14. Revival of Cases Provisionally Dismissed. — The one or two-year period allowed for reviving a criminal case that has been provisionally dismissed shall be reckoned from the issuance of the order of dismissal. The dismissal shall become automatically permanent if the case is not revived within the required period. Such permanent dismissal shall amount to an adjudication of the case on the merits.

SECTION 15. Local Task Force Katarungan at Kalayaan. — (a) The Court shall establish a Task Force Katarungan at Kalayaan in appropriate places for the purpose of eliminating unnecessary detention. It shall be chaired by a Regional Trial Court (RTC) Judge, with a Metropolitan or Municipal Trial Court Judge as vice-chairman, both to be appointed for a term of two years by the Executive Judge of the place. The city or provincial prosecutor of the place or his representative and the local head of the Public Attorney's Office or his representative shall be members of the Task Force. The assistance of the local Bureau of Jail Management and Penology and the Office of the Provincial Governor may be enlisted.

(b) The Task Force shall track and keep a record of the progress of the criminal cases of all detained persons within their jurisdiction and ensure that such persons are accorded the rights and privileges provided by law, the rules, and these guidelines.

(c) Each court shall maintain a "Detainees Notebook," that shall be supplied free by the Office of the Court Administrator and shall contain (i) the full name of the accused; (ii) the docket number and title of the case (iii) the kind of crime charged; (iv) the date his detention began; (v) the date when his detention becomes equal to the minimum of the imposable penalty; (vi) the date when his detention becomes equal to the maximum imposable penalty; (vii) the date of arraignment; (viii) the date of pre-trial hearing or conference; (ix) the first day of trial; (x) the statutory last day of trial if no excluded delays or postponements are incurred; (xi) sufficient space for entering the progress of the hearing of the case; and (xii) such other data as may be essential to the monitoring of his or her case. One (1) copy of the notebook shall be attached to the record of the case and other copy kept by the jail warden which copy shall be brought with the accused at the hearing. The branch clerk of court shall update the two copies of the notebook at every hearing by stating what action the court has taken in it, the next scheduled hearing, and what action the court will further take on the case.

(d) The Task Force shall have access to all case records and information relating to detained persons and shall advise the judges hearing their cases, when warranted, of the need for them to act on any incident or situation that adversely affects the rights of detained persons or subject them to undue or harsh treatment.

(e) The Office of the Chief Justice shall exercise direct supervision over all such Task Forces.

These guidelines shall take effect on May 1, 2014 after publication in a newspaper of general circulation in the Philippines and shall apply to all accused persons under preventive detention.

Manila, Philippines, March 18, 2014.

December 16, 2012

PURSUANT TO SECTION 18 OF REPUBLIC ACT NO. 6981, THE FOLLOWING RULES AND REGULATIONS, KNOWN AS THE 2012 IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 6981, ARE HEREBY PROMULGATED:

ARTICLE I Definition of Terms

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

Section 3. Grave Felony. — 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. Memorandum of Agreement (MOA). — 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. Sworn Statement. — 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. Crime Involving Moral Turpitude. — 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. — 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. Economic Dislocation. — 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.

ARTICLE II Implementors of the Program

Section 1. The Chief Implementor. — The Secretary of the Department of Justice (DOJ) is the Chief Implementor. The Chief Implementor shall have control and supervision of the implementation of the Program and shall exercise the following powers and functions:

a. Formulate WPP policies, guidelines and operational frameworks;

b. Designate Program Implementors;

c. Approve or deny applications or recommendations for admission to the Program;

d. Approve or deny applications or recommendations for termination of coverage;

e. Review, confirm, reverse, affirm or modify actions taken by Implementors; and

f. Exercise other powers and functions as may be necessary for the effective implementation of the Program.

Section 2. The Program Director. — The Program Director (PD) shall have the following powers and functions:

a. Assist the Chief Implementor in the implementation of the Program;

b. Effectively recommend to the Chief Implementor WPP policies, guidelines and operational frameworks;

c. Execute Program policies and guidelines;

d. Manage the Program's over-all operations;

e. Prepare and defend the Program's budget in Congress;

f. Approve Program fund disbursements;

g. Approve recruitment, movement, discipline and dismissal of Program personnel;

h. Approve contracts and requests for supply and equipment purchases, except those involving day-to-day operations;

i. Authorize the Program's agents or security officers to carry firearms; and

j. Perform such other functions and duties as assigned by the Chief Implementor.

Section 3. The Assistant Program Director. — The Assistant Program Director (APD) shall have the following powers and functions:

a. Assist the Program Director in the discharge of his functions;

b. Recommend action to the Program Director on all requests for cash advances and other disbursements and liquidations;

c. Review reports from the Evaluators regarding applications for coverage under the Program, confirmation of admissions by the Implementors and recommend action to be taken to the Program Director;

d. Supervise and monitor the coverage of witnesses for the purpose of determining whether or not the coverage shall be maintained or terminated;

e. Coordinate with other government agencies and NGOs involved in the implementation of the Program;

f. Render periodic reports to the Program Director;

g. Prepare referrals of witnesses to various Departments and agencies;

h. Coordinate with the Implementors regarding actions on the coverage of witnesses i.e., admission, confirmation, extension, termination, monitoring of cases and other matters, and render periodic reports concerning these matters to the Program Director;

i. Prepare the necessary documents for WPP budget presentation;

j. Review the grant of benefits and recommend action to the Program Director; and

k. Perform such other functions and duties as may be assigned by the Chief Implementor and/or Program Director.

Section 4. The Regional Implementors (RI). — Each region shall have an Implementor who shall exercise the following powers and functions within his jurisdiction:

a. Manage and supervise the Program, its personnel, the witnesses and their dependents;

b. Recommend measures for effective implementation of the Program;

c. In the exercise of his delegated authority, approve or deny applications for coverage and termination;

d. Coordinate with other government agencies and civil society organizations concerning Program implementation;

e. Recommend to the Program Director personnel recruitment and disciplinary action;

f. Recommend to the Program Director approval of contracts, other than those involving day-to-day operations;

g. Act as Special Disbursing Officer, unless the Chief Implementor provides otherwise;

h. Monitor WPP cases and submit periodic reports to the Program Director;

i. Direct prosecutors to expedite WPP cases and to submit periodic reports; and

j. Perform such other functions and duties as may be assigned by the Chief Implementor and/or Program Director.

ARTICLE III Program Application

Section 1. Requirements. — 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. Where to File. — 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.

ARTICLE IV Effectivity of Admission

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

ARTICLE V Types of Admission

Section 1. Regular Admission. — A witness who has submitted or complied with all indispensable requirements and such other additional documents required by the Implementor, and whose application has been approved, shall be granted regular admission.

Section 2. Provisional Admission. — A witness who has complied with all indispensable requirements for admission, but lacks the additional requirements required by the Implementor, may be granted provisional or conditional admission.

A state witness defined under Sec. 1 (b.2. [b]), Article I of these Rules who has not been discharged by the Court, may be granted provisional admission. Such provisional admission shall become regular upon submission of the Order of discharge by the Court.

ARTICLE VI Memorandum of Agreement

Section 1. Nature. — A Memorandum of Agreement (MOA) is not a contract, but an undertaking which primarily describes what the witness should do or not do while he is under the Program's coverage.

Section 2. Obligations of Witnesses. — Before a person is admitted to the Program, he shall execute a MOA which shall set forth his duties and responsibilities to the Program and such other terms and conditions for his admission or continued coverage which shall include, among others, the following:

a) to testify before, and provide information to, all appropriate law enforcement officials concerning all appropriate proceedings in connection with, or arising from, the activities involved in the offense charged;

b) to avoid the commission of a crime;

c) to take all necessary precautions for his own security and to avoid detection by others of the facts concerning the protection provided him under this Act;

d) to comply with legal obligations and civil judgments against him;

e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act;

f) to regularly inform the appropriate Program official of his current activities and address; and

g) such other duties and responsibilities and terms and conditions as the Implementor may impose.

ARTICLE VII Assistance to Witnesses

Witnesses admitted to the Program may be entitled to the following assistance:

Section 1. Financial Assistance. — is the monetary assistance given to witnesses for their subsistence in such amount as may be determined by the Program.

Only witnesses who suffer economic dislocation by reason of his relocation for security or safety reasons, or inability to earn for daily subsistence as a consequence of his admission to the Program, shall be entitled to financial assistance.

Section 2. Dependent's Allowance. — is the monetary assistance given to an economically dislocated witness for their minor children not exceeding four (4) in number.

Section 3. Medical Assistance. — is the monetary assistance given to a witness for medical treatment, hospitalization and medicines for injury or illness incurred or suffered by him while performing witness duties.

Section 4. Security Protection. — The Program may provide the following security protection:

a. Round-the-clock security protection, for witnesses and their family members, within the second degree of consanguinity or affinity, staying in the Program's temporary shelter or safehouse;

b. Security protection while performing witness duty only, for relocated witness or those outside the Program's temporary shelter or safehouse; and

c. Limited security protection while not performing witness duty, for relocated witnesses or those outside the Program's temporary shelter or safehouse. Limited security protection may take the form of security monitoring of the witnesses and/or endorsement or coordination with law enforcement agencies concerning the security and safety of the witnesses.

Section 5. Livelihood Assistance. — is the assistance provided to the witness in obtaining a means of livelihood, which may include skills training, employment, or assistance for any employment or business opportunities.

Section 6. Termination Assistance. — is the relocation or monetary assistance, in an amount determined by 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.

ARTICLE XIII Action to Protect Witnesses and Implementors

If a witness is admitted to the Program, or is being assessed for possible coverage, the Chief Implementor may take such action as he considers necessary and reasonable to protect the witness' safety and welfare, while also protecting his own safety and that of the PD, APD, RI, Program personnel and handling prosecutors to the extent that is authorized by law.

ARTICLE XIV Confidentiality

All matters involving the application to, and coverage under, the Program shall be confidential in nature. No information or document relative thereto shall be disclosed or released except upon written order of the Chief Implementor or the Court.

ARTICLE XV Violations and Penalty

The following acts shall be penalized according to law:

SECTION 1. Violation of the confidentiality of the proceedings involving coverage in the Program and the action taken thereon.

SECTION 2. Failure or refusal to testify or to continue to testify, without just cause when lawfully obliged to do so. If a witness testifies falsely or evasively or fails or refuses to testify, or violates any condition accompanying such immunity without just cause, the enjoyment of all rights and benefits under R.A No. 6981 shall be deemed terminated.

SECTION 3. Giving false testimony or producing false evidence.

SECTION 4. Harassment of witness thereby hindering, delaying, preventing or dissuading him from:

a. attending or testifying before any judicial or quasi-judicial body or investigating authority;

b. reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions of probation, parole, or release pending judicial proceedings;

c. seeking the arrest of another person in connection with the offense;

d. causing a criminal prosecution, or a proceeding for the revocation of a parole or probation;

e. performing and enjoying the rights and benefits under this Act or attempts to do so.

ARTICLE XVI Effectivity

These Implementing Rules and Regulations shall become effective after fifteen (15) days following their publication in two (2) newspapers of general circulation.

DONE this 16th day of December, 2012 in the City of Manila.

PART I. Prosecution of Offenses

SEC. 1 Criminal action. - A criminal action is one by which the state prosecutes a person for an act or omission punishable by law.^[1]

SEC. 2. How and where commenced. - A criminal action is commenced by the filing of a complaint with the City/Provincial Prosecution Office or with the Municipal Trial Court or Municipal Circuit Trial Court. However, a criminal action for an offense committed within Metro Manila, may be commenced only by the filing of the complaint with the Prosecutor's Office.

SEC. 3. Complaint. - A complaint is a sworn written statement charging a person with an offense and subscribed by the offended party, any peace officer or public officer charged with the enforcement of the law violated.^[2]

To discourage the filing of harassment charges, the prosecutor shall warn the complainant that any false statement in the complaint may give rise to a finding of a prima facie case for perjury before the same office.

SEC. 4. Offended party, defined. - The offended party is the person against whom or against whose property the crime was committed.^[3]

SEC. 5. Information. - An information is the accusation in writing charging a person with an offense, subscribed by the prosecutor, and filed with the court. The information need not be placed under oath by the prosecutor signing the same. The prosecutor must, however, certify under oath that -

• he has examined the complainant and his witnesses;

• there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof;

• the accused was informed of the complaint and of the evidence submitted against him; and

• the accused was given an opportunity to submit controverting evidence.^[4]

SEC. 6. Sufficiency of complaint or information. - A complaint or information shall be considered sufficient if it states -

• the name of the accused;

• the designation of the offense committed;

• the act or omission complained of;

• the name of the offended party;

• the approximate time of the commission of the offense; and

• the place where the offense was committed.^[5]

SEC. 7. Other essential matters to be alleged in complaint or information. -The following shall also be alleged in a complaint or information:

• every essential element of the offense;

• the criminal intent of the accused and its relation to the act or omission complained of;

• all qualifying and generic aggravating circumstances which are integral pans of the offense;

• all matters that are essential to the constitution of the offense, such as the ownership and/or value of the property robbed or destroyed; the particular knowledge to establish culpable intent; or the particular intention that characterizes the offense;

• age of the minor accused, and whenever applicable, the fact that he acted with discernment; and

• age of the minor complainant, when age is material.

SEC. 8. Additional contents of a complaint - In addition to the matters listed above, a complaint or information shall contain a certification that the recitals therein are true and correct and not in the nature of a countercharge to avoid conflict in the appreciation of the facts and evidence.

SEC. 9. Name of accused. - The complaint or information shall state the name and surname of the accused, if known, or any appellation or nickname by which he -has been or is known. If his name is not known, the accused shall be mentioned under a fictitious name such as "John Doe'1 or "Jane Doe."

SEC. 10. Designation of offense. - To properly inform the accused of the nature and cause of the accusation against him, the complaint or information shall state, whenever possible, -

• the designation given to the offense by the statute;

• the statement of the act or omission constituting the same, and if there is no such designation, reference shall be made to the section or subsection of the law punishing it.^[6]

SEC. 11. Cause of accusation. - The act or omission complained of as constituting the offense shall be stated in an ordinary and concise language without repetition. The statement need not use the terms of the statute defining the offense so long as a person of common understanding is able to know what offense was intended to be charged and to enable the court to pronounce proper judgment.^[7]

SEC. 12. Place of the commission of offense. - The complaint or information is sufficient if it states that the crime charged was committed or some of the ingredients thereof occurred at some place within the jurisdiction of the court, unless the particular place in which the crime was committed is an essential element of the crime e.g. in a prosecution for violation of the provision of the Election Code which punishes the carrying of a deadly weapon in a polling place, or if it is necessary to identify the offense charged e.g., the domicile in the offense of "violation of domicile." ^[8]

SEC. 13. Time of commission of offense. - The precise time of the commission of the offense shall be stated in the complaint or information if time is a material ingredient of the offense e.g. ,treason, infanticide. Otherwise, it is sufficient that it be alleged that the offense was committed at any time as near to the actual date at which the offense was committed.^[9]

SEC. 14. Title of complaint or information. - The title of the complaint or information shall be in the name of the "People of the Philippines" as Plaintiff against all persons who appear to be responsible for the offense involved.^[10]

SEC. 15. Contents of caption of an information. - The caption of an information shall, in addition to the name of the Plaintiff, indicate the following:

• the complete names i.e., given name, maternal name, surname, and addresses, of all the accused. In the case of accused minors, their age shall be indicated in the caption;

• the case number; and

• the offense charged. The denomination of the offense and the specific law and provision violated shall be specified.

SEC. 16. List of prosecution witnesses. - The information shall contain the complete names and addresses of all identified witnesses for the prosecution. In cases for violation of B. P. Blg. 22 and estafa cases, the list of witnesses shall include the complainant, the bank representative with specific reference to the check and account numbers involved and in the proper cases, the company auditor; and in physical injuries cases, the attending physician with specific reference to the medical report and date of the incident.

SEC. 17. Number of offenses charged. - A complaint or information shall charge only one offense so as not to confuse the accused in his defense, except in those cases in which existing laws prescribe a single punishment for various offenses, e.g., complex crimes under Article 48 of the Revised Penal Code.^[11]

SEC. 18. Amendment of information or complaint. - An information or complaint may be amended before the accused pleads, after the accused has pleaded, and during the trial.

Before plea, amendment of the information or complaint, in substance or form, is a matter of right.

After plea and during trial, amendment may be made only with leave of court and only as to matters of form wherein the same can be done without prejudice to the rights of the accused.

At any time before judgment, if there has been a mistake in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with Rule 119, Section 11,^[12] provided the accused would not be placed thereby in double jeopardy. The court may also require the witnesses to give bail for their appearance at the trial. ^[13]

SEC. 19. Mistake in form and substance. - A mistake in form refers to clerical errors, matters which are not essential to the charge, and those which will not mislead or prejudice the accused as when a defense under the original information can be used after the amendment is made and any evidence that the accused may have would be equally applicable to the one form as in the other.

A mistake in substance is any omission or misstatement which prevents an information from showing on its face that an offense has been committed, or from showing what offense is intended to be charged.^[14]

SEC. 20. How Period of Prescription Computed and Interrupted. - For an offense penalized under the Revised Penal Code, the period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted:

• by the filing of the complaint with the Office of the City/Provincial Prosecutor;^[15] or wit the Office of the Ombudsman;^[16] or

• by the filing of the complaint or information with the court even if it is merely for purposes of preliminary examination or investigation, or even if the court where the complaint or information is filed cannot try the case on its merits.^[17]

However, for an offense covered by the Rules on Summary Procedure, the period of prescription is interrupted only by the filing of the complaint or information in court.^[18]

The prescription of an offense filed before the Prosecutor or Ombudsman shall commence to run again when such proceedings terminate; while the prescription of an offense filed in court starts to run again when the proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.^[19]

For violation of a special law or ordinance, the period of prescription shall commence to run from the day of the commission of the violation, and if the same is not known at the time, from the discovery and the institution of judicial proceedings for its investigation and punishment. The prescription shall be interrupted only by the filing of the complaint or information in court and shall begin to run again if the proceedings are dismissed for reasons not constituting double jeopardy.^[20]

For cases falling within the jurisdiction of the Katarungang Pambarangay, the period of prescription is likewise interrupted by the filing of the complaint with the punong barangay; but shall resume to run again upon receipt by the complainant of the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary; Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay.^[21]

Prescription shall not run when the offender is absent from the country.^[22]

In cases where the imposable penalty is imprisonment and/or a fine, the greater penalty shall be the basis for the computation of prescription.

PART II. INQUEST^[23]

SECTION 1. Concept. - Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court.

SEC. 2. Designation of In quest Officer. – The City or Provincial Prosecutor shall designate the Prosecutors assigned to inquest duties and shall furnish the Philippine National Police (PNP) a list of their names and their schedule of assignments. If, however, there is only one Prosecutor in the area, all inquest eases shall be referred to him for appropriate action.

Unless otherwise directed by the City or Provincial Prosecutor, those assigned to inquest duties shall discharge their functions during the hours of their designated assignments and only at the police stations/headquarters of the PNP in order to expedite and facilitate the disposition of inquest eases.

SEC. 3. Commencement and termination of inquest.- The inquest proceedings shall be considered commenced upon receipt by the Inquest Officer from the law enforcement authorities of the complaint/referral documents which should include:

• the affidavit of arrest;

• the investigation report;

• the statement of the complainant and witnesses; and

• other supporting evidence gathered by the police in the course of the latter's investigation of the criminal incident involving the arrested or detained person.

The Inquest Officer shall, as far as practicable, cause the affidavit of arrest and statements/affidavits of the complainant and the witnesses to be subscribed and sworn to before him by the arresting officer and the affiants.

The inquest proceedings must be terminated within the period prescribed under the provisions of Article 125 of the Revised Penal Code, as amended.^[24]

SEC. 4. Documents required in specific cases. - The Inquest Officer shall, as far as practicable, require the submission/presentation of the documents listed below, to wit:

Murder, Homicide and Parricide

• certified true/machine copy of the certificate of death of the victim; and

• necropsy report and the certificate of post-mortem examination, if readily available.

Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries

• medical certificate of the complaining witness showing the nature or extent of the injury;

• certification or statement as to duration of the treatment or medical attendance; and

• certificate or statement as to duration of incapacity for work.

Violation of the Dangerous Drugs Law (R.A. No.6425, as amended)

• chemistry report or certificate of laboratory examination duly signed by the forensic chemist or other duly authorized officer. If the foregoing documents are not available, the Inquest Officer may temporarily rely on the field test results on the seized drug, as attested to by a PNP Narcotics Command operative or other competent person, in which event, the Inquest Officer shall direct the arresting officer to immediately forward the seized drug to the crime laboratory for expert testing and to submit to the prosecutor's office the final forensic chemistry report within five (5) days from the date of the inquest;

• machine copy or photograph of the buy-bust money; and

• affidavit of the poseur-buyer, if any.

Theft and Robbery, Violation of the Anti-Piracy and Anti-Highway Robbery Law (P.D. No.532) and Violation of the Anti-Fencing Law (P.D. No.1612)

• a list/inventory of the articles and items subject of the offense; and b) statement of their respective values.

Rape, Seduction and Forcible Abduction with Rape

• the medico-legal report (living case report), if the victim submitted herself for medical or physical examination.

Violation of the Anti-Carnapping Law (R.A. No.6539)

• machine copy of the certificate of motor vehicle registration;

• machine copy of the current official receipt of payment of the registration fees of the subject motor vehicle; and

• other evidence of ownership.

Violation of the Anti-Cattle Rustling Law (P.D. No.533)

• machine copy of the cattle certificate of registration; and

• photograph of the cattle, if readily available.

Violation of Illegal Gambling Law (P.D. No.1602)

• gambling paraphernalia; and

• cash money, if any.

Illegal Possession of Explosives (P.D. No.1866)

• chemistry report duly signed by the forensic chemist; and

• photograph of the explosives, if readily available.

Violation of the Fisheries Law (P.9. No.704)

• photograph of the confiscated fish, if readily available; and

• certification of the Bureau of Fisheries and Aquatic Resources.

Violation of the Forestry Law (P.9. No.705)

• scale sheets containing the volume and species of the forest products confiscated, number of pieces and other important details such as estimated value of the products confiscated;

• certification of Department of Environment and Natural Resources/Bureau of Forest Management; and

• seizure receipt.

The submission of the foregoing documents shall not be absolutely required if there are other forms of evidence submitted which will sufficiently establish the facts sought to be proved by the foregoing documents.

SEC. 5. Incomplete documents. - When the documents presented are not complete to establish probable cause, the Inquest Officer shall direct the law enforcement agency to submit the required evidence within the period prescribed under the provisions of Article 125 of the Revised Penal Code, as amended.^[25] Otherwise, the Inquest Officer shall order the release of the detained person^[26] and, where the inquest is conducted outside of office hours, direct the law enforcement agency concerned to file the case with the City or Provincial Prosecutor for appropriate action.

SEC. 6. Presence of detained person. - The presence of the detained person who is under custody shall be ensured during the proceedings.

However, the production of the detained person before the Inquest Officer may be dispensed with in the following cases:

• if he is confined in a hospital;

• if he is detained in a place under maximum security;

• if production of the detained person will involve security risks; or

• if the presence of the detained person is not feasible by reason of age, health, sex and other similar factors.

The absence of the detained person by reason of any of the foregoing factors shall be noted by the Inquest Officer and reflected in the record of the case.

SEC. 7. Charges and counter-charges.- All charges and counter-charges arising from the same incident shall, as far as practicable, be consolidated and inquested jointly to avoid contradictory or inconsistent dispositions.

SEC. 8. Initial duty of Inquest Officer. - The Inquest Officer shall first determine if the arrest of the detained person was made in accordance with paragraphs (a) and (b) of Section 5, Rule 113 of the 1985 Rules on Criminal Procedure, as amended, which provide that arrests without a warrant may be effected:^[27]

• when, in the presence of the arresting officer, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; or

• when an offense has in fact just been committed, and the arresting officer has personal knowledge of facts indicating that the person to be arrested has committed it.

For this purpose, the Inquest Officer may summarily examine the arresting officers on the circumstances surrounding the arrest or apprehension of the detained person.

SEC. 9. where arrest not properly effected. - Should the Inquest Officer find that the arrest was not made in accordance with the Rules, he shall;

• recommend the release of the person arrested or detained;

• note down the disposition on the referral document;

• prepare a brief memorandum indicating the reasons for the action taken; and

• forward the same, together with the record of the case, to the City or Provincial Prosecutor for appropriate action.

Where the recommendation for the release of the detained person is approved by the City or Provincial Prosecutor but the evidence on hand warrants the conduct of a regular preliminary investigation, the order of release shall be served on the officer having custody of said detainee and shall direct the said officer to serve upon the detainee the subpoena or notice of preliminary investigation, together with the copies of the charge sheet or complaint, affidavits or sworn statements of the complainant and his witnesses and other supporting evidence.^[28]

SEC. 10. where arrest properly effected. - Should the inquest Officer find that the arrest was properly effected, the detained person shall be asked if he desires to avail himself of a preliminary investigation and, if he does, he shall be made to execute a waiver of the provisions of Article 125 of the Revised Penal Code, as amended^[29], with the assistance of a lawyer and, in case of non-availability of a lawyer, a responsible person of his choice.^[30] The preliminary investigation may be conducted by the Inquest Officer himself or by any other Assistant Prosecutor to whom the case may be assigned by the City or Provincial Prosecutor, which investigation shall be terminated within fifteen (15) days from its inception.

SEC. 11. Inquest preliminary investigation Inquest Officer shall statements/affidavits of evidence submitted to him. proper.- Where the detained person does not opt for or otherwise refuses to execute the required waiver, the proceed with the inquest by examining the sworn the complainant and the witnesses and other supporting

If necessary, the Inquest Officer shall require the presence of the complaining witnesses and subject them to an informal and summary investigation or examination for purposes of determining the existence of probable cause.

SEC. 12. Meaning of probable cause.- Probable cause exists when the evidence submitted to the Inquest Officer engenders a well-founded belief that a crime has been committed and that the arrested Or detained person is probably guilty thereof.

SEC. 13. Presence of probable cause.- If the Inquest Officer finds that probable cause exists, he shall forthwith prepare the corresponding complaint/information with the recommendation that the same be filed in court. The complaint/information shall indicate the offense committed and the amount of bail recommended, if bailable.

Thereafter, the record of the case, together with the prepared complaint/information, shall be forwarded to the City or Provincial Prosecutor for appropriate action.

The complaint/information may be filed by the Inquest Officer himself or by any other Assistant Prosecutor to whom the case may be assigned by the City or Provincial Prosecutor.

SEC. 14. Contents of Information.- The information shall, among others, contain:

• a certification by the filing Prosecutor that he is filing the same in accordance with the provisions of Section 7, Rule 112, Rules on Criminal Procedure, in cases cognizable by the Regional Trial Court;^[31]

• the full name and aliases, if any, and address of the accused;

• the place where the accused is actually detained;

• the full names and addresses of the complainant and witnesses;

• a detailed description of the recovered items, if any;

• the full name and address of the evidence custodian;

• the age and date of birth of the complainant or the accused, if eighteen (18) years of age or below; and

• the full names and addresses of the parents, custodians or guardians of the minor complainant or accused, as the case may be.

SEC. 15. Absence of probable cause.- If the Inquest Officer finds no probable cause, he shall:

• recommend the release of the arrested or detained person;^[32]

• note down his disposition on the referral document;

• prepare a brief memorandum indicating the reasons for the action taken; and

• forthwith forward the record of the case to the City or Provincial Prosecutor for appropriate action.

If the recommendation of the Inquest Officer for the release of the arrested or detained person is approved, the order of release shall be served on the officer having custody of the said detainee.

Should the City or Provincial Prosecutor disapprove the recommendation of release, the arrested or detained person shall remain under custody, and the corresponding complaint/information shall be filed by the City or Provincial Prosecutor or by any Assistant Prosecutor to whom the case may be assigned.

SEC. 16. Presence at crime scene. - Whenever a dead body is found and there is reason to believe that the death resulted from foul play, or from the unlawful acts or omissions of other persons and such fact has been brought to his attention, the Inquest Officer shall:

• forthwith proceed to the crime scene or place of discovery of the dead person;

• cause an immediate autopsy to be conducted by the appropriate medico-legal officer in the locality or the PNP medico-legal division or the NBI medico-legal office, as the case may be;

• direct the police investigator to cause the taking of photographs of the crime scene or place of discovery of the dead body;

• supervise the investigation to be conducted by the police authorities as well as the recovery of all articles and pieces of evidence found thereat and see to it that the same are safeguarded and the chain of the custody thereof properly recorded; and

• submit a written report of his finding to the City or Provincial Prosecutor for appropriate action.

SEC. 17. Sandiganbayan cases.- Should any complaint cognizable by the Sandiganbayan be referred to an Inquest Officer for investigation, the latter shall, after conducting the corresponding inquest proceeding, forthwith forward the complete record to the City or Provincial Prosecutor for appropriate action.

SEC. 18. Recovered articles.- The Inquest Officer shall see to it that all articles recovered by the police at the time of the arrest or apprehension of the detained person are physically inventoried, checked and accounted for with the issuance of corresponding receipts by the police officer/investigator concerned.

The said articles must be properly deposited with the police evidence custodian and not with the police investigator.

The Inquest Officer shall ensure that the items recovered are duly safeguarded and the chain of custody is properly recorded.

SEC. 19. Release of recovered articles.- The Inquest Officer shall, with the prior approval of the City or Provincial Prosecutor or his duly authorized representative, order the release^[33] of recovered articles to their lawful owner or possessor, subject to the conditions that:

• there is a written request for their release;^[34]

• the person requesting the release of said articles is shown to be the lawful owner or possessor thereof;

• the requesting party undertakes under oath to produce said articles before the court when so required;

• the requesting party, if he is a material witness to the case, affirms or reaffirms his statement concerning the case and undertakes under oath to appear and testify before the court when so required;

• the said articles are not the instruments, or tools in the commission of the offense charged nor the proceeds thereof; and

• photographs of said articles are first taken and duly certified to by the police evidence custodian as accurately representing the evidence in his custody.

PART III. PRELIMINARY INVESTIGATION

SECTION 1. Concept of preliminary investigation - A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof and should be held for trial.^[35]

A preliminary investigation is essentially a judicial inquiry since there is the opportunity to be heard, the production and weighing of evidence, and a decision rendered on the basis of such evidence. In this sense, the investigating prosecutor is a quasi-judicial officer.^[36]

SEC. 2. Purpose of preliminary investigation. - A preliminary investigation is intended:

• to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation of a crime and from the trouble, expense and anxiety of a public trial;^[37] and

• to protect the State from having to conduct useless and expensive trials.^[38]

SEC. 3. Nature of preliminary investigation. - The conduct of a preliminary investigation is a substantive right which the accused may invoke prior to or at least at the time of plea, the deprivation of which would be a denial of his right to due process.

SEC. 4. Effect of amendment of information. - In case an information is amended, a new preliminary investigation shall be conducted if the amended charge is not related to the crime originally charged; if there is a change in the nature of the crime charged; or if the information on its face is null and void for lack of authority to file the same.

SEC. 5. where right of preliminary investigation may he invoked. - The right to a preliminary investigation may be invoked only in cases cognizable by the Regional Trial Court. The right is not available in cases triable by inferior courts.

SEC. 6. Officers Authorized to Conduct Preliminary Investigation. - The following may conduct a preliminary investigation;^[39]

• Provincial or City Prosecutors and their assistants;

• Judges of Municipal Trial Courts and Municipal Circuit Trial Courts;

• National and Regional State Prosecutors; and

• Other officers as may be authorized by law.^[40]

Their authority to conduct preliminary investigation shall include all crimes cognizable by the proper court in their respective territorial jurisdiction.^[41]

SEC. 7. Commencement of Preliminary Investigation.- A preliminary investigation proceeding is commenced:

• by the filing of a complaint by the offended party or any competent person^[42] directly with the Office of the Investigating Prosecutor or Judge;

• by referral from or upon request of the law enforcement agency that investigated a criminal incident;

• upon request of a person arrested or detained pursuant to a warrantless arrest who executes a waiver of the provisions of Article 125 of the Revised Penal Code, as amended;

• by order or upon directive of the court or other competent authority; or

• for election offenses, upon the initiative of the Commission on Elections, or upon written complaint by any citizen, candidate, registered political party, coalition of registered parties or organizations under the party-list system or any accredited citizen arm of the Commission on Elections.^[43]

SEC. 8. Complaint. - For purposes of preliminary investigation, the complaint filed with the prosecutor's office shall, as far as practicable, be accompanied or covered by an Information Sheet and shall state, among others -

• the full and complete names and exact home, office or postal addresses of the complainant and his witnesses;

• The full and complete name and exact home, office or postal address of the respondent;

• The offense charged and the place and exact date and time of its commission; and

• Whether or not there exists a related case and, if so, the docket number of said case and the name of the Investigating Prosecutor thereof.

SEC. 9. Supporting affidavits.- The complaint shall be accompanied by the affidavits of the complainant and his witnesses, as well as other supporting proofs or documents, if any. The affidavits shall be sworn to before a Provincial, City or State Prosecutor, or other government official authorized to administer oaths or, in their absence or unavailability, a notary public, who must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.^[44]

When the preliminary investigation is commenced by referral from or upon request of the law enforcement agency that investigated the incident, the affidavits of the complainant and his witnesses to be submitted by the said agency shall consist of the original or duplicate original or certified machine copies thereof.

SEC. 10. Number of copies of affidavits. - The complaint and supporting affidavits shall be in such number of copies as there are respondents, plus four (4) copies for the court/official file.

Where a complaint charges multiple offenses which cannot be the subject of one indictment or information, the complainant may be required to submit such additional copies of the complaint and supporting affidavits as there are offenses charged in the complaint.

SEC. 11. Barangay certification . - If the offense charged is punishable by imprisonment not exceeding one (1) year or a fine not exceeding Five Thousand Pesos (5,000.00) and the parties to the case are all residents of the same city or municipality, the complaint shall be accompanied by the certification required under Section 412 (a) of R.A. Act No.7160, "The Local Government Code of 1991.^[45]

SEC. 12. Lack of barangay certification.- The absence of a barangay certification shall not be a ground for the dismissal of the complaint. The Investigating Prosecutor shall, however, make the corresponding referral of the complaint to the proper Lupong Tagapamayapa for appropriate action pursuant to the provisions of Chapter 7, Book III of R.A. No.7160. In connection therewith, the complainant may be summoned for the purpose of delivering the referral to the Chairman of the appropriate barangay and to secure the necessary certification within thirty (30) days.

In any of the following cases. the Investigating Prosecutor shall proceed to take cognizance of the complaint for purposes of preliminary investigation^[46] even if there is no Barangay Certification:

• where the respondent is under detention; or

• where the respondent has been deprived of personal liberty calling for habeas corpus proceedings; or

• where the case may be barred by the Statute of Limitations.

SEC. 13. Initial/ action on the Complaint.- Within ten (10) days after the filing of the complaint, the Investigating Prosecutor shall either dismiss the same if he finds no ground to continue with the inquiry, or issue a subpoena to the respondent, attaching thereto a copy of the complaint together with the affidavits of witnesses and other supporting documents. ^[47]

SEC. 14. Dismissal of complaint. - The following, among others, shall constitute sufficient basis for the outright dismissal of a complaint:

• that the offense charged in the complaint was committed outside the territorial jurisdiction of the Office of the Investigating Officer;^[48]

• that, at the time of the filing of the complaint, the offense charged therein had already prescribed;

• that the complainant is not authorized under the provisions of pertinent laws to file the complaint;

• that the acts and/or omissions alleged in the complaint and/or the supporting affidavits do not sufficiently show that a criminal offense or violation of a penal law has been committed; or

• that the complaint and the supporting affidavits are unsigned and/or have not been duly subscribed and sworn to as prescribed under the Rules on Criminal Procedure.

SEC. 15. Personal service of documents by investigating prosecutor. -Whenever circumstances warrant and to prevent the loss of documents in the course of the service of a subpoena through ordinary modes, the Investigating Prosecutor may require the respondent or other parties to appear before him on a designated date, time and place and then and there personally furnish them with copies of the complaint, supporting affidavits and other documents.

At the said or any other setting, the respondent shall have the right to examine all other evidence submitted by the complainant.

Failure on the part of the respondent or his counsel/representative to appear before the Investigating Prosecutor to obtain copies of the complaint, supporting affidavits and other documents despite receipt of notice or subpoena shall be considered a waiver or forfeiture of respondent’s right to be furnished copies of the complaint, supporting affidavits and other documents, as well as to examine all other evidence submitted by the complainant.

For the purposes specified in the first paragraph hereof, the Investigating Prosecutor shall not require the appearance before him of the respondent or other parties who are residing in distant places. In such cases, the Investigating Prosecutor shall issue and send the subpoena, together with copies of the complaint, supporting affidavit and other documents, by registered special delivery mail with return card.

SEC. 16. Service of subpoena in preliminary investigation. - To expedite the conduct of a preliminary investigation, the following guidelines shall be observed in the service of subpoenas-

• Service of subpoena and all papers/documents required to be attached thereto shall be b'~- personal service by regular process servers. In their absence, the cooperation of the Provincial City/Municipal Station Commanders of the Philippine National Police (PNP) may be requested for the purpose.

• Under other circumstances, where personal service cannot be effected but the respondent cannot be considered as incapable of being subpoenaed as when he continues to reside at his known address but the return states that he "has left his residence and his return is uncertain" or words of similar import, service of subpoena and its attachments shall be effected by registered mail with return card at respondent's known home/office address. On the face of the envelope shall be indicated

• the name and return address of the sender and the Typewritten/printed phrase "First Notice Made on______________", thus instructing the postmaster/postal employee of the necessity of informing the sender of the date the first notice was made on the addressee; and

• the typewritten/printed request: "If not claimed within five (5) days from first notice, please return to sender."

• Upon receipt of the unclaimed/returned envelope, the Investigating Prosecutor may then proceed to resolve the complaint on the basis of the evidence presented by the complainant.^[49]

SEC. 17. Where Respondent cannot be subpoenaed - If a respondent cannot be subpoenaed, as, for instance, he transferred residence without leaving any forwarding address, the Investigating Prosecutor shall base his resolution on the evidence presented by the complainant.

SEC. 18. Counter-Affidavits.- In cases where the respondent is subpoenaed, he shall within ten (10) days from receipt of the complaint and other documents, submit his counter-affidavit and other supporting documents which shall be sworn to and certified as prescribed in the second sentence of par. 1 of Section 9 this Part, copies of which shall be furnished by the respondent to the complainant.^[50]

Only a counter-affidavit subscribed and sworn to by the respondent before the Public Prosecutor can dispute or put at issue the allegations in the complaint. A memorandum, manifestation or motion to dismiss signed by the counsel cannot take the place of a counter-affidavit. Thus, a respondent relying on the manifestation, memorandum or motion to dismiss of his counsel is deemed to have not controverted complainant's evidence. ^[51]

However, if such memorandum, manifestation or motion to dismiss is verified by the respondent himself, the same may be considered a counter-affidavit.

SEC. 19. Motion for dismissal of bill of particulars.-The filing of a motion for the dismissal of the complaint or for the submission of a bill of particulars shall not suspend or interrupt the running of the period for the submission of counter-affidavits and other supporting documents.

All the grounds for the dismissal of the complaint, as well as objections to the sufficiency thereof, shall be alleged or incorporated in the counter-affidavit and shall be resolved by the Investigating Prosecutor jointly on the merits of the case.

The Investigating Prosecutor may grant a motion to dismiss filed by a respondent who is yet to file or has not filed his counter-affidavit if the said motion is verified and satisfactorily establishes, among others:

• the circumstances specified in sub-paragraphs (a), (b)9 (c) and (d) and (e) of Section 14 of this Part;

• the fact that the complaint, or one similar thereto or identical therewith, has previously been filed with the Office and has been fully adjudicated upon on the merits after due preliminary investigation proceedings; or

• the extinction of respondents criminal liability by reason of death, pardon, amnesty, repeal of the law under which prosecution is sought, or other legal causes.

SEC. 20. Consolidation.- The following cases shall, as far as practicable, be consolidated for preliminary investigation purposes and assigned to and jointly heard by one Investigating Officer:

• charges and counter-charges;

• cases arising from one and the same incident or transaction or series of incident or transactions; and

• cases involving common parties and founded on factual and/or legal issues of the same or similar character.

SEC. 21. Extension of time. - No motion or request for extension of time to submit counter-affidavits shall be allowed or granted by the Investigating Prosecutor except when the interest of justice demands that the respondent be given reasonable time or sufficient opportunity to:

• engage the services of counsel to assist him in the preliminary investigation proceedings;

• examine or verify the existence, authenticity or accuracy of voluminous records, files, accounts or other papers or documents presented or submitted in support of the complaint; or

• undertake studies or research on novel, complicated or technical questions or issues of law and of facts attendant to the case under investigation.

Extensions of time to submit a counter-affidavit for any of the reasons stated above shall not exceed ten (10) days. Additional extensions may be authorized by the Provincial/City Prosecutor concerned.

SEC. 22. Suspension of proceedings.- Upon motion of a party, or when raised in a counter-affidavit, the Investigating Prosecutor may suspend the preliminary investigation proceedings if the existence of a prejudicial question is satisfactorily established.^[52]

The existence of a prejudicial question shall, however, not be a ground for the dismissal of the complaint.

SEC. 23. Concept of prejudicial question.- A prejudicial question is one the resolution of which is a logical antecedent of the issue involved in a case and the cognizance of which pertains to another tribunal.^[53] It is based on a fact distinct and separate from the crime charged but so intimately connected with it that it determines the guilt or innocence of the accused. To suspend the criminal action, it must not only appear that said case involves facts intimately related to those upon which the criminal prosecution would be based but also that in the resolution of the issue or issues raised in the civil case, the guilt or innocence of the accused would necessarily be determined.^[54]

SEC. 24. Elements of prejudicial question. - The essential elements of a prejudicial question are:

• the civil action involves an issue similar or intimately related to the issue raised in the criminal action;

• the resolution of such issue determines whether or not the criminal action may proceed ;^[55] and

• the cognizance of the said issue pertains to another tribunal.^[56]

SEC. 25. Issuance of orders of suspension of proceedings.- No resolution or order suspending the preliminary investigation based on the existence of a prejudicial question shall be issued by the Investigating Prosecutor without the written approval of the Provincial/City Prosecutor concerned or his duly designated assistant.

SEC. 26. Reply-affidavits and rejoinders.- The Investigating Prosecutor shall not require or allow the filing or submission of reply-affidavits and/or rejoinders, except where new issues of fact or questions of law which are material and substantial in nature are raised or invoked in the counter-affidavit or subsequent pleadings and there exists a need for said issues or questions to be controverted or rebutted, clarified or explained to enable the Investigating Prosecutor to arrive at a fair and judicious resolution of the case. In such a case, the period for the submission of reply affidavits or rejoinders shall in no case exceed five (5) days unless a longer period is authorized by the Provincial/City Prosecutor concerned.

SEC. 27. Clarificatory questions. - The Investigating Prosecutor may set a hearing to propound clarificatory questions to the parties or their witnesses if he believes that there are matters which need to be inquired into personally by him. In said hearing, the parties shall be afforded the opportunity to be present but without the right to examine or cross-examine. If they so desire, they may submit written questions to the Investigating Prosecutor who may propound such questions to the parties or witnesses concerned.^[57]

The Investigating Prosecutor shall make a record of the questions asked and answers given during the clarificatory questioning which shall be signed by the parties concerned and/or their respective counsel. Said notes shall form part of the official records of the case. Parties who desire to file a petition for review of the Investigating Officer's resolution may, at their option, cite specific portions of the oral testimony by reference to the transcript of stenographic notes. Said notes shall only be transcribed in cases of appeal and shall be obtained at the expense of the interested party.

SEC. 28. Submission of case for resolution. - The Investigating Prosecutor shall case submitted for resolution:

• when the respondent cannot be subpoenaed or, if subpoenaed, does not submit his counter-affidavit within the reglementary period. In such a case, the Investigating Prosecutor shall base his resolution on the evidence presented by the complainant;^[58] or

• upon submission by the parties of their respective affidavits and supporting proof or documents, in which event, he shall, upon the evidence thus adduced, determine whether or not there is sufficient ground to hold the respondent for trial ^[59]

SEC. 29. Lack of probable cause.- If the Investigating Prosecutor does not find sufficient basis for the prosecution of the respondent, he shall prepare the resolution recommending the dismissal of the complaint.

SEC. 30. Finding of probable cause. - If the Investigating Prosecutor finds that probable cause exists, he shall prepare the resolution and the corresponding information or complaint in the appropriate cases.

Where the respondent is a public officer or employee or a member of the Philippine National Police (PNP), the Investigating Prosecutor shall also determine whether or not the offense with which he is charged was committed in relation to his office and, if so committed, such fact should be alleged in the information to be filed with the Sandiganbayan through the Ombudsman ^[60]

SEC. 31. Reopening of investigation.- After a case under preliminary investigation has been submitted for resolution under the provisions of the preceding Section but before promulgation of the resolution, the preliminary investigation may be reopened for the purpose of receiving new and/or additional evidence upon the prior authorization given by the Provincial/City Prosecutor concerned or upon motion of the interested party, Provided, That in the latter case, it shall be subject to the following conditions:

• the motion is verified and a copy thereof furnished the opposing party;

• the motion is accompanied with the new and/or additional evidence; and

• the motion sufficiently and satisfactorily shows valid and justifiable reason for the failure of the movant to submit the new and/or additional evidence during the preliminary investigation proceedings.

SEC. 32. Cases Transmitted by the Municipal Trial Judge. - Upon receipt of the records of the case from the Municipal Trial Court or Municipal Circuit Trial Court which conducted the Preliminary Investigation, the Prosecution Office shall review the case based on the existing records, without requesting the parties to submit memorandum of authorities,^[61] and may affirm, modify or reverse the finding of the Municipal Trial Court judge. However, if the interest of justice so requires, the prosecutor may conduct a full blown reinvestigation giving the parties the opportunity to submit additional evidence, and thereafter, resolve the case on the basis of the totality of the evidence thus adduced.

SEC. 33. Memoranda. - The Investigating Prosecutor shall not require nor allow the filing or submission by the parties of memoranda unless the case involves difficult or complicated questions of law or of fact. In any event, the filing of memoranda by the parties shall be done simultaneously and the period therefore shall not exceed ten (10) days, unless a longer period is authorized by the Provincial/City Prosecutor concerned.

SEC. 34. Period for resolving a case. - The Investigating Prosecutor shall resolve the case within ten (10) days from the time the case is deemed submitted for resolution,^[62] unless otherwise provided herein or a longer period is authorized by the Provincial/City Prosecutor concerned.

SEC. 35. Form of resolution and number of copies.- The resolution shall be written in the official language, personally and directly prepared and signed by the Investigating Prosecutor. It shall be prepared in as many copies as there are parties, plus three (3) additional copies.

SEC. 36. Contents of the resolution. - A resolution shall contain a caption and a body.

SEC. 37. Caption of resolution. - The caption of the resolution shall indicate the:

• names of all the complainants and all of the respondents;

• Case Number, otherwise known as the Investigation Slip Number or 1.8. No.;

• the offense charged;

• the date of the filing of the complaint with the office;

• the date of the assignment of the case to or receipt of the case record by the Investigating Officer; and

• the date the case was submitted for resolution.

SEC. 38. Names of parties. - The complete names of all the complainants and respondents in the case shall be set out in the caption of the resolution. It is not proper to use the phrase "et. al." to refer to other complainants and respondents.

The name of the victim or injured party, not their representative, shall appear in the caption. In cases referred to the prosecution by the police where there is no identified victim, as in prohibited drugs cases, the complainant shall be the police station involved, followed by the name and designation of the police officer representing the police station. In homicide or murder cases, the name of the victim or of the complainant shall be in the caption. The heirs or relatives of the slain victim shall be indicated as "Legal heirs of deceased (name or person killed)", represented by "(either the surviving spouse, father or mother)".

In the case of a corporation or judicial entity, its corporate name or identity shall be indicated and written as follows. " 'X' Corporation, represented by its (position title), (name of corporate officer)".

SEC. 39. Case number. - The number of a case shall indicate the year and month; it was filed and its entry number in the log book of the office, e.g. 97 (year)A(month)-024(entry number).

SEC. 40. Designation of offense charged. - For offenses that are punishable under the Revised Penal Code, the caption shall set forth the denomination of the offense and the specific article and paragraph of the statute violated.

Where there is another charge or countercharge in the same case having one case number or in case of a consolidated resolution involving two or more criminal cases with two or more docket numbers, the caption shall also contain said information.

SEC. 41. Contents of body of resolution. - In general, the body of resolution should contain:

• a brief summary of the facts of the case;

• a concise statement of the issues involved; and

• the findings and recommendations of the Investigating Prosecutor.

All material details that should be found in the information prepared by the Investigating Prosecutor shall be stated in the resolution.

SEC. 42. Parts of a resolution. - As a rule, the body of a resolution is made up of four parts, namely:

• Part 1 shall state the nature of the case as disclosed in the evidence presented by the complainant such as his affidavit-complaint, the affidavit of witnesses and documentary and physical evidence. The affidavits shall be numbered in the order of the presentation of the prosecution witnesses as disclosed in the list of witnesses appearing in the information. As for the documentary evidence, they shall be alphabetically marked as they would be marked during the pre-trial and trial stages of the case.

• Part 2 shall contain the version of complainant of the incident. The presentation of the complainant's case should be concise and shall not be cluttered with details that are not necessary to show the elements of the offense.

• Part 3 shall allege the respondent’s version of the incident. This must also be concise.

• Part 4 shall contain the discussion, analysis and evaluation by the prosecutor of the evidence presented by the complainant and the respondent, without relying on the weakness of the defense of the respondent. It shall also contain the conclusion of the prosecutor. The complainant's and respondent's versions of the incident need not be repeated in this part except to point out excerpts relating to the existence or absence of the elements of the crime. Citations of pertinent laws and jurisprudence should support the conclusions reached. Where numerical values are important, the number shall be written in words and figures.

SEC. 43. How recommended hail is written. - The bail recommended in the resolution shall be written in words and figures.

SEC. 44. Recommended bail. - The bail recommended in the resolution shall be stated in the information, written in words and figures, and initialed by the investigating prosecutor.

SEC. 45. Parties to be furnished with a copy of the resolution. - The complete names and addresses of the complainant and the respondent shall be set out at the end of the resolution after the signature of the investigating prosecutor and the head of the Prosecutor's Office concerned under the phrase: "Copy furnished:".

If the parties are represented by counsel and the latter's appearance is entered formally in the record,^[63] the counsel, not the party, shall be given a copy of the resolution.

SEC. 46. Signature and initials of investigating prosecutor. - The investigating prosecutor shall sign the resolution and if the resolution consists of two or more pages, the prosecutor shall initial all of said pages, excluding the signature page.

SEC. 47. Records of the case. - The investigating fiscal shall forward his resolution, together with the complete records of the case, to the Provincial or City Prosecutor or Chief State Prosecutor concerned within five (5) days from the date of his resolution.^[64]

SEC. 48. Action of the Provincial or City Prosecutor or Chief State Prosecutor on resolution. - The Provincial or City Prosecutor or Chief State Prosecutor concerned shall act on all resolutions within ten (10) days from receipt thereof by either approving or disapproving the resolution or returning the same to the investigating prosecutor for further appropriate action.' 'immediately after approving or disapproving the resolution, the Provincial or City Prosecutor or Chief State Prosecutor concerned shall transmit a copy of the resolution to the parties.

SEC. 49. Reversal by the Provincial or City Prosecutor or Chief State Prosecutor of resolution of investigating prosecutor. - If the Provincial or City Prosecutor or Chief State Prosecutor reverses the recommendation in the resolution of the investigating prosecutor, the former may, by himself, file the corresponding information or direct any other assistant prosecutor or state prosecutor, as the case may be, to do so without need of conducting another preliminary investigation.

SEC. 50. Approval of pleading by head of prosecution office. - A pleading prepared by the trial prosecutor, including ex parte motions, shall not be filed in court without the prior written approval by the Provincial or City Prosecutor or Chief State Prosecutor, as the case may be, of said pleading.

SEC. 51. Motion for reinvestigation, where filed. - Before the arraignment of the accused, a motion for reinvestigation of the case may be filed with the City/Provincial Prosecutor, Provided, That when the case has been appealed to the Regional State Prosecutor or the Department of Justice, such motion may be filed, respectively, with the said offices. After arraignment, said motion may only be filed with the judge hearing the case.

SEC. 52. Confidentiality of resolutions. - All resolutions prepared by an Investigating Prosecutor after preliminary investigation, whether his recommendation be for the filing or dismissal of the case, shall be held in strict confidence and shall not be made known to the parties, their counsel and/or to any unauthorized person until the same shall have been finally acted upon by the Provincial/City Prosecutor or his duly authorized assistant and approved for promulgation and release to the parties.

Violation of the foregoing shall subject the Investigating Prosecutor or the employee of the office concerned to severe disciplinary action.

SEC. 53. Information/Complaint.- The information/complaint shall be personally and directly prepared by the Investigating Prosecutor or such other prosecutor designated for the purpose and signed by him or the complainant, as the case may be. It shall state and contain, in addition to the requirements of the Rules of Court on the sufficiency of the allegations in an information or complaint, the following:

• the full name and aliases, if any, and address of the accused;

• the age and date of birth of the complainant or the accused, if eighteen (18) years of age or below;

• the full names and addresses of the parents, custodian or guardian of the minor complainant or accused, as the case may be;

• the place where the accused is actually detained;

• the full names and addresses of the complainant and witnesses;

• a detailed description of the recovered items, if any;

• the full name and address of the evidence custodian; and

• the bail recommended, if the charge is bailable.

The Investigating Prosecutor shall certify under oath that he or, as shown by the record, an authorized officer, had personally examined the complainant and his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence; and that he is filing the complaint or information with the prior authority and approval of the Provincial/City Prosecutor concerned.^[65]

SEC. 54. Documents to be attached to information/complaint. - An information/complaint that is filed in court shall, as far as practicable, be accompanied by a copy of the resolution of the Investigating Prosecutor, the complainant's affidavit, the sworn statements of the prosecution's witnesses, the respondent's counter-affidavit and the sworn statements of his witnesses and such other evidence as may have been taken into account in arriving at a determination of the existence of probable cause.^[66]

SEC. 55. Promulgation of resolution.- The result of the preliminary investigation shall be promulgated by furnishing the parties or their counsel a copy of the resolution by:

• personal service;

• registered mail with return card to the complainant, and by ordinary mail to the respondent, if the resolution is for the dismissal of the complaint; or

• registered mail with return card to the respondent, and by ordinary mail to the complainant, if the resolution is for the indictment of the respondent.

SEC. 56. Motion for reconsideration. - A motion for reconsideration may be filed within ten (10) days from receipt of the resolution. The motion shall be verified, addressed to the Provincial/City Prosecutor or the Chief State Prosecutor, and accompanied by proof of service of a copy thereof on the opposing party and must state clearly and distinctly the grounds relied upon in support of the motion.

A motion for reconsideration is still part of due process in the preliminary investigation. The denial thereof is a reversible error as it constitutes a deprivation of the respondent's right to a full preliminary investigation preparatory to the filing of the information against him.^[67] The court therefore may not proceed with the arraignment and trial pending resolution of the motion for reconsideration.

SEC. 57. Inhibition. - A Prosecutor shall inhibit himself from conducting a preliminary investigation in a case wherein -

• he or his wife or child is interested as heir, legatee, creditor or otherwise; or

• he is related to either affinity or to counsel

• he has been named counsel. party within the 6th degree of consanguinity or within the 4th degree; or executor, administrator, guardian, trustee or

A motion to disqualify or inhibit the Investigating Prosecutor may be filed with the City/Provincial or Chief State Prosecutor concerned for just or valid reasons other than those mentioned above.

SEC. 58. Period to resolve cases under preliminary investigation. - The following periods shall be observed in the resolution of cases under preliminary investigation:

• The preliminary investigation of complaints charging a capital offense shall be terminated and resolved within ninety (90) days from the date of assignment to the Investigating Prosecutor.

• The preliminary investigation of all other complaints involving crimes cognizable by the Regional Trial Courts shall be terminated and resolved within sixty (60) days from the date of assignment.

• In cases of complaints involving crimes cognizable by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, the preliminary investigation - should the same be warranted by the circumstances - shall be terminated and resolved within sixty (60) days from the date of assignment to the Investigating Prosecutor.

In all instances, the total period (from the date of assignment to the time of actual resolution) that may be consumed in the conduct of the formal preliminary investigation shall not exceed the periods prescribed herein.^[68]

PART IV. PETITION FOR REVIEW^[69]

SECTION 1. Subject of petition for review.- Only resolutions of the Chief State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor dismissing a criminal complaint may be the subject of a Petition for Review to the Secretary of Justice except as otherwise provided in Section 4 hereof.

A petition from the resolution of a Provincial/City Prosecutor where the penalty prescribed for the offense charged does not exceed prision correccional, regardless of the imposable fine, shall be made to the Regional State Prosecutor who shall resolve the petitions with finality. Such petitions shall also be governed by these rules.

The provision of the preceding paragraph on the finality of the resolution of the Regional State Prosecutor notwithstanding, the Secretary of Justice may, in the interest of justice and pursuant to his residual authority of supervision and control over the prosecutors of the Department of Justice, order the automatic review by his office of the resolution of the Regional State Prosecutors in the cases appealed to the latter.

SEC. 2. Period to file petition.- The petition must be filed within a period of fifteen (15) days from receipt of the questioned resolution by the party or his counsel. The period shall be interrupted only by the filing of a motion for reconsideration within ten (10) days from receipt of the resolution and shall continue to run from the time the resolution denying the motion shall have been received by the movant or his counsel.

SEC. 3. Form and contents. - The petition shall be verified by the petitioner and shall contain the following:

• date of receipt of the questioned resolution; date of filing of the motion for reconsideration; if any; and date of receipt of the resolution on the motion for reconsideration;

• names and addresses of the parties;

• the Investigation Slip Number or I.S. No. and/or criminal case number and the title of the case;

• the venue of the preliminary investigation;

• a clear and concise statement of the facts, the assignment of errors, and the legal basis of the petition;

• in case of a finding of probable cause, that petitioner has filed in court a motion to defer further proceedings; and

• proof of service of a copy of the petition to the adverse party or his counsel and the prosecutor either by personal delivery or registered mail evidenced by the registry receipts and affidavit of mailing.

The petitioner shall append to his petition copies of the material and pertinent affidavits/sworn statements (including their translations, if any, duly certified by the city/provincial prosecutor) and evidence submitted in the preliminary investigation by both parties and the questioned resolution.

The prosecutor concerned shall immediately inform the Department or the Regional State Prosecutor of the action of the court on the motion to defer further proceedings. If the accused is arraigned during the pendency of the petition, the prosecutor concerned shall likewise immediately inform the Department or the Regional State Prosecutor of such arraignment.

SEC. 4. Cases not subject to review; exceptions.- No petition may be allowed from a resolution of the Chief State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor finding probable cause except upon showing of manifest error or grave abuse of discretion. Either complainant/offended party or respondent/accused may file a petition. Notwithstanding the showing of manifest error or grave abuse of discretion no petition shall be entertained where the accused had already been arraigned. Once arraigned, the petition shall be dismissed motu proprio by the Secretary of Justice.

SEC. 5. Answer.- Within a non-extendible period of fifteen (15) days from receipt of a copy of the petition, the respondent may file a verified answer indicating therein the date that the copy of the petition was received with proof of service of the answer to the petitioner. If no answer is filed, the case shall be resolved on the basis of the petition.

SEC. 6. Withdrawal of petition.- The petition may be withdrawn at any time before it is finally resolved, in which case the questioned resolution shall stand.

SEC. 7. Motion for reinvestigation.- At any time after the filing of the petition and before its resolution, the petitioner may, with leave of court, file a motion for reinvestigation on the ground that new and material evidence has been discovered which petitioner could not, with reasonable diligence, have discovered during the preliminary investigation and which if produced and admitted would probably change the resolution. The Department or the Regional State Prosecutor, as the case may be, shall then issue a resolution directing the reinvestigation of the case, if still legally feasible. When reinvestigation is granted, it shall take place in the Office of the Prosecutor from which the petition was taken.

SEC. 8. Disposition of petition.- The Secretary of Justice or the Regional State Prosecutor may reverse, affirm or modify the questioned resolution. They may, motu proprio or on motion of the petitioner, dismiss outright the petition on any of the following grounds:

• that the offense has prescribed;

• that there is no showing of any reversible error;

• that the procedure or requirements herein prescribed have not been complied with;

• that the questioned resolution is interlocutory in nature, except when it suspends the proceedings based on the alleged existence of a prejudicial question; or

• that other legal or factual grounds exist to warrant a dismissal.

SEC. 9. Motion for Reconsideration.- The aggrieved party may file a motion for reconsideration within a non-extendible period of ten (10) days from receipt of the resolution on the petition, furnishing the adverse party or his counsel and the prosecutor with copies thereof. No second motion for reconsideration shall be entertained.

SEC. 10. Effect of filing of petition. - A petition for review, motion for reconsideration/reinvestigation from a resolution finding probable cause shall not hold the filing of the information in court.

Pending resolution of the Petition for review, the accused is entitled to a suspension of the proceedings, to the holding in abeyance of the issuance of warrant of arrest, and deferment of the arraignment.^[70]

PART V. BAIL^[71]

SECTION 1. Bail defined. - Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.

SEC. 2. Nature of right to bad.- The right to bail is guaranteed by the Constitution. It is the duty of the prosecutor to recommend such amount of bail to the courts of justice as, in his opinion, would ensure the appearance of an accused person when so required by the court.^[72]

SEC. 3. Non-bailable offense. - No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is strong, shall be admitted to bail regardless of the stage of the criminal prosecution.

SEC. 4 Criteria in recommending amount of bail. - In recommending the amount of bail to be granted by the court, the prosecutor shall take into consideration the following standards and criteria:

• financial ability of the respondent/accused to post bail;

• nature and circumstances of the offense;

• penalty for the offense charged;

• age, state of health, character and reputation of the respondent/accused under detention;

• weight of the evidence against the respondent/accused under detention;

• forfeiture of other bonds and pendency of other cases wherein the respondent/accused under detention is under bond;

• the fact that respondent/accused under detention was a fugitive from justice when apprehended; and

• other factors affecting the probability of the accused appearing at the trial.^[73]

SEC. 5. Burden of proof in bail application. - At the hearing of an application for admission to bail filed by any person who is in custody for the commission of an offense punishable by death, reclusion perpetua or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearings shall be considered automatically reproduced at the trial, but upon motion of either party, the court may recall any witness for additional examination unless the witness is dead, outside of the Philippines or otherwise unable to testify.

SEC. 6. Recognizance. - Whenever allowed pursuant to law or these Rules, the court may release a person in custody on his own recognizance or that of a responsible person.

SEC. 7. Bail, when not required; reduced bail or recognizance. - No bail shall be required when the law or the Rules issued by the Supreme Court so provide^[74].

When a person has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceedings on appeal. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.

A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the court.

SEC. 8. Notice of application for hail to prosecutor. - In an application for bail, the court shall give reasonable notice of the hearing to the prosecutor or require him to submit his recommendation.

SEC. 9. Cancellation of hail bond. - Upon application filed with the court and after due notice to the prosecutor, the bail bond may be canceled upon surrender of the accused or proof of his death.

The bail bond shall be deemed automatically canceled upon acquittal of the accused or dismissal of the case or execution of the final judgment of conviction.

In all instances, the cancellation shall be without prejudice to any liability on the bond.

SEC. 10. Arrest of accused out on hail. - For the purpose of surrendering the accused, the bondsmen may arrest him, or on written authority endorsed on a certified copy of the undertaking may cause him to be arrested by any police officer or any other person of suitable age and discretion.

An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without prior permission of the court where the case is pending.

SEC. 11. No had after final judgment, exception. - An accused shall not be allowed bail after the judgment has become final, unless he has applied for probation before commencing to serve sentence, the penalty and the offense being within the purview of the Probation Law. In case the accused has applied for probation, he may be allowed temporary liberty under his bail bond, but if no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance under the custody of a responsible member of the community. In no case shall bail be allowed after the accused has commenced to serve sentence.

SEC. 12. Rules in computing the bail to be recommended. - To achieve uniformity in the amount of bail to be recommended, the following rules shall be observed:

• Where the penalty is reclusion perpetua, life imprisonment, reclusion perpetua to death or death, bail is not a matter of right; hence, it shall not be recommended.

• Where bail is a matter of right and the imposable penalty is imprisonment and/or fine, the bail shall be computed on the basis of the penalty of imprisonment applying the following rules:

• where the penalty is reclusion temporal (regardless of period) to reclusion perpetua, bail shall be computed based on the maximum of reclusion temporal.

• where the imposable penalty is correccional or afflictive, bait shall be based on the maximum of the penalty, multiplied by P2,000.00. A fraction of a year shall be rounded-off to one year.

• for crimes covered by the Rules on Summary Procedure and Republic Act No. 6036, bail is not required except when respondent/accused is under arrest, in which case, bail shall be computed in accordance with this guideline.

• iv for crimes of reckless imprudence resulting in homicide arising from violation of the Land Transportation and Traffic Code, bail shall be P30,000.00 per deceased person.

• for violation of Batas Pambansa Blg. 22, bail shall be 50% of the amount of check but should not be less than P2,000.O0nor more than P30,000.00.

Where the imposable penalty is only a fine, bail shall be computed as follows:

• fine not exceeding P2,000.00,bail is not required.

• fine of more than P2,000.00,bail shall be 50% of the fine but should not exceed P30,000.00.

• in case of reckless imprudence resulting to damage to property, bail shall be three-eighths (3/8) of the value of the damage but not exceeding P30,OOO.OO except when covered by the Rules on Summary Procedure.

• Bail based on the maximum penalty, multiplied by P1O,OOO.OO,shall be applied to the following offenses under the following laws:

• Republic Act No.6425 (Dangerous Drugs Act), as amended by RA 7659;

• Republic Act No.6539 (Anti-Carnapping Act), as amended by RA 7659;

• Republic Act No.7659 (for other crimes covered by it);

• Presidential Decree No. 186 (Illegal Possession of Firearms, Ammunition or Explosives), as amended by RA 8294;

• Republic Act No. 1937 (Tariff and Customs Code), as amended; or

• Rebellion, insurrection or Coup d'etat as amended by Republic Act No.6968.

SEC. 13. Petition for bail in a continuous trial. - In case a petition for bail is filed by the accused and the court orders a continuous trial of the case, the public prosecutor shall be prepared with his principal witnesses. Where there are several accused and one or two filed a petition to bail, the trial prosecutor shall, before the presentation of his first witness, manifest in open court that the evidence to be presented in the hearing of the petition for bail shall be adopted as its evidence-in-chief.

PART VI. ARREST

SECTION 1. Definition of probable cause as a ground for an arrest or issuance of a warrant of arrest. - Probable cause is such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.^[75]

SEC. 2. Remedy if no warrant of arrest is issued by the investigating judge. -If the investigating judge is satisfied that there is probable cause but did not issue the warrant of arrest contrary to the prosecutor's belief that there is a need to place the accused under custody, the speedy and adequate remedy of the prosecutor is to immediately file the information so that the Regional Trial Court judge may issue the warrant for the arrest of the accused.^[76]

SEC. 3. Request for a copy of the return. - If a warrant of arrest has been issued, the prosecutor may request the warrant officer that he be furnished with the officer's return relative thereto. The prosecutor shall, as far as practicable, coordinate with the witnesses from time to time to ascertain the whereabouts of the accused pending the latter's arrest.

PART VII. ARRAIGNMENT AND PLEA

SECTION 1. Concept of arraignment. - Arraignment is a mandatory requirement that seeks to give the accused the opportunity, at the first instance, to know why the prosecuting arm of government has been mobilized against him and to plead. At the arraignment, the accused may enter a plea of guilty or not guilty.

SEC. 2. Duties of trial prosecutor. -

• Before the arraignment of the accused, the trial prosecutor shall examine the information vis-a-vis the resolution of the investigating prosecutor in order to make the necessary corrections or revisions and to ensure that the information is sufficient in form and substance.

• After arraignment, the trial prosecutor shall prepare his witnesses for trial. Government witnesses, e.g. medico-legal officer, chemist, forensic experts, examiners etc. should, as much as practicable, be presented in accordance with the logical and chronological sequence of the technical aspects to be proved.

SEC. 3. Effect of filing a petition for review. - When an aggrieved party manifests in court that he has a pending petition for review with the Department of Justice and moves for a deferment of the arraignment pending resolution of his petition, the Trial Prosecutor may conform thereto once proof of said petition has been presented by the petitioner to his satisfaction.

SEC. 4. Concept of plea. - The plea is the reply of the accused to the charge. It raises the issue to be tried and on which the judgment/sentence of the court can be properly based.

PART VIII. PRE-TRIAL^[77]

SECTION 1. Concept of pre-trial. - A pre-trial is a process whereby the accused and the prosecutors in a criminal case work out, usually at the arraignment stage, a naturally satisfactory disposition of a case subject to court approval in order to expedite the trial of the case. ^[78]

The prosecutor shall enter into a pre-trial only when the accused and counsel agree and upon order of the court.

SEC. 2. Duties of prosecutor before and after the pre-trial conference. -Before the pre-trial conference, the prosecutor should know every fact and detail of the case. This can be accomplished by interviewing the complainant and other witnesses and after a thorough examination of the available documentary and other physical evidence. The prosecutor should place importance on the testimony of the expert witness. The knowledge that the prosecutor will gain from said witness will help him determine the procedures undertaken in the examination of a subject or thing; the scientific or technical terms applied, and the reason/s in arriving at a certain conclusion.

During the pre-trial process, the prosecutor shall bear in mind that he has to prove his case beyond a reasonable doubt and that every act or incident should be proved by the testimony of qualified and competent witnesses.

After the pre-trial conference, the prosecutor shall ensure that any agreement or admission made or entered therein is in writing and signed by the accused and his counsel.

SEC. 3. Subject matters of pre-trial. - The pre-trial conference shall consider the following:

• Plea bargaining - This is a process where the defendants usually plead guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge^[79];

• Stipulation of facts- This is the agreement of the parties on some facts admitted, some facts covered by judicial notice (Sec. 1, Rule 129), judicial admissions (Sec. 2 Rule 129), or on matters not otherwise disputed by them. In cases requiring the presentation of government witnesses or evidence, the Trial Prosecutor should exert every effort to secure a waiver by the accused of objections to the admissibility of certain documentary evidence, e.g., medical or death certificate, necropsy report, forensic chemistry report, ballistics report, Philippine Overseas and Employment Administration (POEA) Certification, and the like, if such evidence has no relevance whatsoever to the theory of the defense, in order to dispense with the presentation and testimony in court of government witnesses. Whenever appropriate or necessary, the counter-affidavit of the accused submitted luring the preliminary investigation may be resorted to or availed of to denions~rate or establish the defense theory;

• Marking of documentary evidence in advance for identification;

• Waiver in advance of objections to admissibility of evidence;

• List of witnesses to be presented which should be qualified by the following statement: "that other witnesses may be presented in the course of the trial"; and

• Such other matters as will promote a fair and expeditious trial.

SEC. 4. Plea of guilty to a lesser offense. - The following rules shall apply to cases where the accused pleads guilty to a lesser offense:

• The Trial Prosecutor shall immediately move for the suspension of the proceedings whenever the accused manifests his intention in court to plead guilty to a lesser offense. This will enable the Trial Prosecutor to evaluate the implications of the offer.

• If the lesser offense to which the accused will plead guilty is not a capital offense, the Trial Prosecutor may dispense with the presentation of evidence unless the court directs otherwise.

• The Trial Prosecutor, with the consent of the offended party, may motu proprio agree to the offer of the accused to plead guilty to a lesser offense if the penalty imposable therefor is prision correccional (maximum of six [61 years) or less or a fine not exceeding P12,000.00.

• When the penalty imposable for the offense charged is prision mayor (at least six [6] years and one [11 day or higher) or a fine exceeding ~12,000.00, the Trial Prosecutor shall first submit his comment/recommendation to the City or Provincial Prosecutor or to the Chief State Prosecutor, as the case may be, for approval. If the recommendation is approved in writing, the Trial Prosecutor, may, with the consent of the offended party, agree to a plea of guilty to a lesser offense. For this purpose, the Chief State Prosecutor or the Provincial or City Prosecutor concerned shall act on the recommendation of the Trial Prosecutor within forty-eight (48) hours from receipt thereof. In no case shall the subject plea to a lesser offense be allowed without the written approval of the above respective heads of office.

• In all cases, the penalty for the lesser offense to which the accused may be allowed to plead guilty shall not be more than two (2) degrees lower than the imposable penalty for the crime charged, notwithstanding the presence of mitigating circumstances. The lesser offense shall also be one that is necessarily related to the offense charged or the offense must belong to the same classification or title under the Revised Penal Code or the relevant special laws.^[80]

However, the plea of guilty to a lesser offense may not be allowed where it so contravenes lo~ nd common sense as to be unconscionable, thereby resulting in us, where the offense charged is homicide, a plea of guilty to a lesser offense of frustrated or attempted homicide, may not be allowed, since the fact of death cannot be reconciled with the plea of guilty to frustrated or attempted homicide. Homicide necessarily produces death, while frustrated or attempted homicide does not.^[81]

SEC. 5. when accused pleads guilty to a capital offense. - If the accused pleads guilty to a capital offense, the Trial Prosecutor must present evidence to prove the guilt of the accused and the precise degree of his culpability. This is mandatory.

PART IX. TRIAL

SECTION 1. Definition of trial. - A trial is a judicial examination of the claims at issue in a case which are presented by the prosecution and defense to enable the court to arrive at a judgment pronouncing either the guilt or innocence of the accused.

SEC. 2. Concept of trial. - The object of a trial is to mete out justice, and to convict the guilty and protect the innocent. Thus, the trial should be a search for the truth and not a contest over technicalities and must be conducted under such rules as will protect the innocent.

SEC. 3. Expeditious prosecution of criminal cases filed with the courts. -The Trial Prosecutor shall always be prepared to conduct the prosecution with his witnesses who shall be subpoenaed well in advance of the scheduled trial dates. No postponement of the trial or other proceedings of a criminal case shall be initiated or caused by the Trial Prosecutor except in instances where the postponement is occasioned by the absence of material witnesses or for other causes beyond his control or not attributable to him.

SEC. 4. Order of presentation of witnesses. -

• The order in the presentation of witnesses will be left to the discretion of the Trial Prosecutor. However, the prosecutor should take into consideration the order of events as established by the evidence of the prosecution.

• Witnesses who will testify for the first time shall be afforded the opportunity to be advised to observe criminal proceedings in court to help them overcome their anxiety, excitement and tension.

SEC. 5. Preparation of formal offer of exhibits. - The Trial Prosecutor shall safely keep his documentary and other physical evidence and prepare a list thereof in the order they have been marked as exhibits, identifying each by letter or number, describing it briefly, and stating its specific purpose or purposes.

SEC. 6. Defense evidence. -

• Before reception of evidence for the defense starts, the Trial Prosecutor shall ask from the adverse counsel the number of witnesses he intends to present.

• If the names of defense witnesses are disclosed the Trial Prosecutor shall elicit from reliable sources the whereabouts of these witnesses, their moral character, background, reasons for testifying and relationship with the accused, among other things, to enable him to have a clear view of the defense of the accused.

SEC. 7. Discharge of accused to be state witness. - When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state provided the court, after hearing, is satisfied that:

• There is absolute necessity for the testimony of the accused whose discharge is requested.

• There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused,6 as when he alone has knowledge of the crime, and not when his testimony would simply corroborate or otherwise strengthen the evidence in the hands of the prosecution;

• The testimony of said accused can be substantially corroborated in its material points. This is an indispensable requirement because it is a notorious fact in human nature that a culprit, confessing to a crime, is likely to put the blame on others rather than himself. Thus, even though a court may get the statement of a discharged accused that other particular persons were engaged in the crime, it is unsafe to accept without corroborating evidence, his statements concerning the relative blame to be attached to different members of his gang;

• Said accused does not appear to be the most guilty.9 The mere fact that the witness sought to be discharged had pleaded guilty In the crime charged does not violate the rule that the discharged defendant must not "appear to be the most guilty”. And even if the witness should lack some of the qualifications enumerated by Sec. 9, Rule 119, his testimony will not, for that reason alone, be discarded or disregarded.10 The ground underlying the rule is not to let a crime that has been committed go unpunished; so an accused who is not the most guilty is allowed to testify against the most guilty, in order to achieve the greater purpose of securing the conviction of the more or most guilty and the greatest number among the accused permitted to be convicted for the offense they committed.' However, although an accused did not commit anv of the stabbing, it is a mistake to discharge him as a state \witness where he is bound in a conspiracy. All the perpetrators of the offense bound in conspiracy are equally guilty.

Said accused has not at any time been convicted of any offense involving moral turpitude.

Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence.

SEC. 8. Witness protection. - An accused who is discharged from an information or criminal complaint in order that he may be a state witness as provided in the preceding section may, upon his petition, be admitted to the Witness Protection Program under R.A. No.6981, "The Witness Protection, Security and Benefit Act" if he complies with the other requirements of said Act.

SEC. 9. Other persons who may avail of the Witness Protection Program. -The following may also avail of the Witness Protection Program under R.A. No. 6981:

• Any person who has witnessed or has knowledge of or information on the commission of a crime and has testified or is testifying or is about to testify before any judicial or quasi-judicial body, or before any investigating authority, Provided, that:

• the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws;

• his testimony can be substantially corroborated on its material points;

• 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

• he is not a law enforcement officer, even if he would be testifying against other law enforcement officers. In such a case, only the immediate members of his family may avail themselves of the protection provided for under the Act.

• Any person who has participated in the commission of a crime and desires to be a witness for the State, whenever the following circumstances are present:

• the offense in which testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws;

• there is absolute necessity for his testimony;

• there is no other direct evidence available for the proper prosecution of the offense committed;

• his testimony can be substantially corroborated on its material points;

• he does not appear to be the most guilty; and

• he has not at any time been convicted of any crime involving moral turpitude.

SEC. 10. Motions for postponement of accused. - Motions for postponement that are initiated by the accused should be vigorously opposed by the Trial Prosecutor and he should make of record his objections thereto, leaving to the court's discretion the disposition of the subject motions.

SEC. 11. Discontinuance of proceedings. - During the presentation of the prosecution's evidence, the Trial Prosecutor shall not cause or allow the discontinuance of the proceedings except for other similarly compelling reasons not attributable to him.

SEC. 12. Presentation of evidence. - Each party is bound to complete the presentation of his evidence within the trial dates assigned to him. After the lapse of said dates, the party is deemed to have completed his evidence presentation. However, upon verified motion based on serious reasons, the judge may allow the party additional trial dates in the afternoon; provided that said extension will not go beyond the three-month limit computed from the first trial date.

Where a Trial Prosecutor, without good cause, secures postponements of the trial over the objections of a defendant beyond a reasonable period of time, the accused is entitled to relief by a proceeding in mandamus to compel a dismissal of the information, or if he be restrained of his liberty, by habeas corpus to obtain his freedom.

SEC. 13. Order of trial.- Upon receipt of the notice of trial, the prosecutor shall review the record of the case for trial and complete his preparation therefore bearing in mind that trial, once commenced, may continue from day to day until terminated, and that trial shall proceed in the following order pursuant to Sec. 3, Rule 119 of the Rules of Criminal Procedure:

• The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.

• The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of any provisional remedy in the case.

• The parties may then respectively present rebutting evidence only, unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.

• Upon admission of the evidence, the case shall be deemed submitted for decision unless the court directs the parties to argue orally or to submit memoranda.

• However, when the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified accordingly.

SEC. 14. Presentation of witnesses.- The order in the presentation of witnesses shall, as far as practicable, conform to the logical sequence of events obtaining in the case on trial in order to present a clear, organized and coherent picture to the court of the prosecution's evidence.

For example, in the case of prosecution under the Dangerous Drugs Law, the Trial Prosecutor should present the forensic chemist who examined the dangerous drug ahead of the other witnesses in order that the court may at once have a view of the real evidence (either the prohibited or regulated drug subject of the case) and so that such evidence may immediately identified by the other witnesses thus avoiding the recall of witnesses later on.

The rule of logical sequencing notwithstanding, a witness whose testimony is vital to the case and whose life is in danger or who may be sick/injured arid may possibly die, should be made to testify as early as practicable.

SEC. 15. Examination of witnesses for the prosecution.-Where it shall satisfactorily appear that the witness for the prosecution is too sick or infirm to appear at the trial as directed by order of the court, or has to leave the Philippines with no definite date of returning thereto, he may forthwith be conditionally examined before the judge or the court where the case is pending. Such examination in the presence of the accused, or after reasonable notice to attend the examination has been served on him, will be conducted in the same manner as an examination at the trial. Failure or refusal on the part of the accused to attend the examination after notice herein before provided, shall be considered a waiver. The statement thus taken may be admitted on behalf of or against the accused.

SEC. 16. Cross-Examination of defense witnesses. The prosecutor shall endeavor to secure well in advance all available information about a defense witness in order to prepare for an effective cross-examination. Where the testimony of a defense witness bears no effect on the evidence of the prosecution, a cross-examination need not be conducted.

SEC. 17. Rebuttal evidence.- The presentation and nature of rebuttal evidence will depend on the effect which the defense evidence may have caused on the prosecution's evidence-in-chief. The recall of a witness who already testified during the evidence-in-chief presentation merely to refute what a defense witness may have stated during his defense testimony is not generally a rebuttal evidence. \Where there is nothing to refute, rebuttal evidence is unnecessary.

[1] Sec. 3 (b), Rule 1, 1997 Rules of Civil Procedure.

[2] Sec. 3, Rule 110, Rules on Criminal Procedure; Example of public officer charged with the enforcement of the law violated: Bureau of Customs officials for violation of the customs law; Bureau of Forest Development officials for violation of forestry laws; chief of police of a municipality for violation of a municipal ordinance which constitutes a criminal offense.

The sworn complaint referred to usually refers to a complaint filed in court and not in the prosecutor's office. It is not necessary to file a sworn complaint with the prosecutor before the latter can conduct a preliminary investigation. A mere unsworn letter suffices to start an investigation, except if the offense charged is one which cannot be prosecuted de oficio or is private in nature i.e., where the law requires that it be started by a complaint sworn to by the offended party.

In a case involving a private offense, the phrase "complaint filed by the offended party" as used in Section 5, Rule 110 should be given a liberal or loose interpretation, meaning a "charge, allegation, grievance or accusation" rather than a strict construction for often than not the offended party who files it is unschooled in law The purpose of the complaint in Section 5, Rule 110, is merely to initiate or commence the prosecution of the accused. Thus, the "Sinumpaang Salaysay" of the victim of a private offense is already deemed a complaint" required in the aforesaid Sec. 5. (People vs. Sangil, 208 SCRA 696 [1992]).

[3] Sec. 12, par. 1, Rules on Criminal Procedure

[4] Sec. 4, Rule 112, ibid.

[5] Sec. 6, Rule 110, ibid.

[6] Sec. 8, ibid.

[7] Sec. 9, ibid.

[8] Sec. 10, ibid.

[9] 9.Sec. 11, ibid. Sec. 2, ibid.

[10] Sec. 2, ibid.

[11] Sec. 13, ibid; " Penalty for complex crimes. - When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period". (An. 48, Revised Penal Code).

[12] "when mistake has teen made in charging the proper offense. - When it becomes manifest at any time before judgment, that a mistake has been made in charging the proper offense, and the accused cannot be convicted of the offense charged, or of any offense necessarily included therein, the accused shall not be discharged, if there appears to be good cause to detain him. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information."

[13] Sec. 14, Rule 110, ibid.

[14] 42 C.J.S.,Sec. 240 at pp.1249-1250.

[15] Sec. 1, par. 2, Rule 110, Rules on Criminal Procedure.

[16] Llenes vs. Dicdican, 260 SCRA 207 (1996).

[17] Ibid.

[18] Ibid.

[19] An. 91 Revised Penal Code.

[20] Sec. 2, Act No.3326, as amended.

[21] Sec. 40 par.,Local Govt. Code.

[22] Art. 91, par. 2, Revised Penal Code.

[23] Department of Justice Circular No.61 dated 21 December 1993.

[24] 12 Hours for light offenses; 18 hours for less grave offenses; and 36 hours for grave offenses.

[25] NPS Form No.1.

[26] NPS Form No.2.

[27] Go vs. Court of Appeals, 206 SCRA 138 [1992]; Umil, et.al. vs. Ramos, 202 SCRA 251 [1991] and companion cases People vs. Malmstedt, 198 SCRA 401 and People vs. Aminudin, 163 SCRA 402 [1988].

[28] See NPS Form No.2.

[29] See NPS Form No.3.

[30] Such responsible person may be a parent, elder brother or sister, spouse, the municipal mayor, the municipal judge, district school supervisor, or priest/minister of the gospel as chosen by him (Sec. 2 (d) RA 7438, An Act Defining Rights of Person Arrested, Detained or under Custodial Investigation)

[31] NPS Form No.2.

[32]NPS Form No.4.

[33] See NPS Form No.5.

[34] See NPS Form No.6.

[35] Section 1, Rule 112, Rules on Criminal Procedure.

[36] Cruz, Jr. vs. People, 233 SCRA 439 [1994].

[37] People vs. Poculan, 167 SCRA 176 [1988]; Rodis, Sr. vs. Sandiganbayan, Second Division, 166 SCRA 618 [19881; Salonga vs. Pano, 134 SCRA 438 [1985]; Trocio vs. Manta, 118 SCRA 241 [1982]; Sausi vs. Querubin, 62 SCRA 155 [1975]; and Hashim vs.

Boncan, 71 Phil. 216 [1941].

[38] Tandoc vs. Resultan, 175 SCRA 37 [1989].

[39] Par. 1, Sec. 2, Rule 112, supra.

[40] The Special Prosecution Officers and Graft Investigation Officers in

cases cognizable by the Office of the Ombudsman and the COMELEC officials in cases involving violations of the Election Code, PCGG Officers

[41] Par. 2, Section 2, Rule 112, supra.

[42]Ebarle vs. Sucaldito, 156 SCRA 803 [1987].

[43] Sections 3 & 5, Rule 34, COMELEC Rules of Procedure.

[44] Sec. 3(a), Rule 112, Rules on Criminal Procedure.

[45] See Appendix "0", List of Offenses cognizable by the Lupong Tagapamayapa (Crimes Covered by the Katarungang Pambarangay).

[46] Sec. 412(b), R.A. No.7160.

[47] Section 3(b), Rule 112, Rules of Criminal Procedure.

[48] The resolution of dismissal should include a statement that the entire record of the case is being forwarded to the office having jurisdiction over the same.

[49] Sec 3(d), Rule 112, Rules on Criminal Procedure; Department of Justice Memorandum Circular No.25 dated 2 October 1989.

[50] Secs. 3(b) & (c), Rule 112, supra.

[51] DOJ Resolution No.109, Series of 1990. (I. S. NO.89-243, "Bulacan Garden Corporation vs. Filomena", OPP, Bulacan).

[52] Sec.6, Rule 111, ibid.

[53] Ras vs. Rasul, 100 SCRA 125 [1980]; Quiambao vs. Osono, G. R. No.48157, March 16, 1988; and Appendix “P”

[54] Donato vs. Luna, G.R. No.53642, April 15, 1988; Prado vs. People, 133 SCRA 602 [1984]; and Librodo vs. Coscolluela, Jr., 116 SCRA 303 [1982].

[55] Sec. 5, Rule 111, supra.

[56] Cf. Ras vs. Rasul, supra; Quiambao vs. Osono, supra.

[57] Sec. 3(e), Rule 112, supra.

[58] Secs. 3 (d) & (f), Rule 112, ibid.

[59] Sections 3(d) & (f), Rule 112, ibid.

[60] Republic vs. Maximiano Asuncion, G.R. No. L-108208, March 1994.

[61] Department of Justice Memorandum Circular No.7, s.1988.

[62] Sec. 3(f), Rule 112, supra.

[63] Note: A special appearance does not qualify.

[64] Sec. 4, par.1,Rule 112, supra.

[65] Section 4 (2) Rule 112, supra.

[66] Lim V. Felix, G. R. No.94054-57, and Fernandez V. Felix, G.R. No.94266-57, 194 SCRA 292 [1991]; See also Allado V. Diokno, 232 SCRA 192 [1994].

[67] Torralba vs. Sandiganbayan, 230 SCRA 33 [1994].

[68] Department of Justice Circular No.24 dated 24 March 1995.

[69] Department Order No.223 dated June 30,1993 as amended by DO No.359 dated October 17, 1995.

[70] Like a motion for reconsideration of the resolution of the City/Provincial Prosecutor, the right to a petition for review is a part of due process. Notwithstanding the ruling in Crespo vs. Mogul (151 SCRA 463 [1987]), the Court may not proceed with the criminal proceedings until after the resolution of the Regional Prosecutor or of the Secretary of Justice shall have become final, and the corresponding motion has been filed in Court by the trial prosecutor to withdraw or dismiss the information or to proceed with the trial as the case may be, per findings in the petition for review. (See Roberts; Jr. et al. vs. C.A. et al., 254 SCRA 307 [1996]).

[71] Rule 114, Rules on Criminal Procedure, as amended by Supreme Court Administrative Circular No.12-94 dated August 16, 1994.

[72] Department of Justice Circular No.36, Sept. 1, 1981.

[73] Sec. 6, Rule 114, supra; Department of Justice Circular No.4, series of 1996, effective 1 February 1996.

[74] See RA 6036 and Rules on Summary Procedure; Art. 29, Revised Penal Code; BP BIg 85 [1980]; Sec. 13, Rule 114, ibid.

[75] Bemas, The Constitution of the Republic of the Philippines, a Commentary, Vol. I, First Ed., 1987, pp.86-87 cited in Department Circular No.24, dated March 24 1995.

[76] Samulde vs. Salvani,Jr., 165 SCRA 724 [1988].

[77] Rule 118, Rules on Criminal Procedure.

[78] Black's Law Dictionary, 5th Ed. 1979, p.1037.

[79] ibid, p.1037.

[80] Department of Justice Circular No.55, dated 31 July 1990.

[81] Amatan vs. Aujero 248 SCRA 511(1995).

September 11, 2007

Section 1. Applicability. — This Rule, together with the pertinent provisions of the Rule on Juveniles in Conflict with the Law, the Rule on the Examination of a Child Witness, and Republic Act No. 9344 or The Juvenile Justice and Welfare Act of 2006, applies to all cases involving children charged under Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

The Rules of Court shall apply suppletorily.

Section 2. Objectives. — It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry, particularly children, from the harmful effects of dangerous drugs on their physical and mental well-being and to defend them against acts or omissions detrimental to their development and preservation.

Pursuant to this policy and the mandate of Republic Act No. 8369, also known as The Family Courts Act of 1997, vesting exclusive jurisdiction in Family Courts to hear and decide cases against minors charged with drug-related offenses, the objective of this Rule is to ensure that the rights of children charged with violation of any of the offenses under The Comprehensive Dangerous Drugs Act of 2002 are well protected, and that their interests and those of their family and the community are adequately balanced. Towards this end, the Rule aims to:

(a) provide a rule of procedure in the Family Courts or the Regional Trial Courts, as the case may be, for children charged with any of the acts penalized under The Comprehensive Dangerous Drugs Act of 2002, taking into consideration their developmental age and potential to recover from dependence on drugs and to stop substance abuse, so that they can live productive, substance-free and crime-free lives;

(b) ensure a more active and continuous judicial supervision and monitoring of the compliance by and progress of the child and family members in the treatment programs and rehabilitation services provided; and

(c) establish greater coordination among the courts, the treatment community and other community-based support agencies, the faith community, the school system and the family in responding to the needs of the child under a holistic intervention and integration policy focused on changing problem behavior rather than merely punishing criminal conduct.

Section 3. Interpretation. — This Rule shall be construed and interpreted liberally in favor of the child in conflict with the law, consistent with the best interest of the child, the declared state policy, the rights of the child in conflict with the law and the principle of balanced and restorative justice.

Section 4. Definitions. — As used in this Rule:

(a) Act — means Republic Act No. 9165 or The Comprehensive Dangerous Drugs Act of 2002.

(b) Administer — means any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself, unless administered by a duly licensed practitioner for purposes of medication.

(c) Board — refers to the Dangerous Drugs Board under Section 77, Article IX of Republic Act No. 9165.

(d) Center — means any of the treatment and rehabilitation centers for drug dependents referred to in Section 75, Article VIII of Republic Act No. 9165.

(e) Child — refers to any person above 15 years of age but below 18 under Section 6 of Republic Act No. 9344.

(f) Confirmatory Test — means an analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test.

(g) Controlled precursors and essential chemicals — include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the annex attached to Republic Act No. 9165.

(h) Dangerous drugs — refer to those listed in the Schedules annexed to the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 United Nations Single Convention on Psychotropic Substances, attached as annexes to and made an integral part of Republic Act No. 9165.

(i) Deliver — refers to any act of knowingly passing a dangerous drug or controlled precursor and essential chemical to another, personally or otherwise, and by any means, with or without consideration.

(j) Dispense — means any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.

(k) Drug Dependence — as based on the Word Health Organization definition means a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of a psychoactive drug takes on a high priority, thereby involving, among others, a strong desire or a sense of compulsion to take the substance; and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or level of use.

(l) Drug Syndicate — means any organized group of two or more persons forming or joining together, with the intention of committing any offense prescribed under Republic Act No. 9165.

(m) Illegal Trafficking — means the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.

(n) Instrument — means anything that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses.

(o) PDEA — refers to the Philippine Drug Enforcement Agency.

(p) Pusher — means any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of Republic Act No. 9165.

(q) Rehabilitation — refers to the dynamic process, including after-care and follow-up treatment, directed towards the physical, emotional/psychological, vocational, social and spiritual well-being, change or enhancement of a child drug dependent to enable him/her to live without dangerous drugs, enjoy the fullest life compatible with the child's capabilities and potentials and enable him/her to become a law-abiding and productive member of the community.

(r) Screening Test — means a rapid drug test performed to establish potential/presumptive positive result.

(s) Sell — means any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration.

(t) Use — means any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, any of the dangerous drugs or controlled precursors and essential chemicals.

Section 5. Mandatory Drug Test. — A child charged before the prosecutor's office with a criminal offense not penalized by the Act, but with an imposable penalty of imprisonment of not less than six years and one day, shall be subjected to a mandatory drug test.

Section 6. Screening Laboratory Test and Confirmatory Test. — A child taken into custody for alleged violation of the Act shall be subjected to a screening laboratory test within twenty-four hours from the time the child was taken into custody. The apprehending officer must have reasonable grounds to believe that the child, on account of physical signs or symptoms or other visible or outward manifestation, is under the influence of dangerous drugs. If the result of the test is positive, it shall be challenged by the child personally or through his/her parents, guardian, custodian or any relative within the fourth degree of consanguinity or affinity, within fifteen days after receipt thereof, through a confirmatory test conducted in any accredited analytical laboratory equipped with gas chromatograph/mass spectrometry equipment or some other modern accepted method. If confirmed, the same shall be prima facie evidence that the child has used dangerous drugs, which shall be without prejudice to prosecution for other violations of the Act.

A positive screening laboratory test must be confirmed for the positive finding to be valid in court.

Section 7. Intake Report. — An Intake Report shall be prepared by the social welfare officer assigned to the child, as soon as the child is taken into custody by the apprehending officer pursuant to Section 10 of the Rule on Juveniles in Conflict with the Law. The report shall describe the results of a preliminary background investigation of the child, and shall form part of the records of the case to aid the proper authorities in properly addressing the substance abuse problem of the child.

Section 8. Voluntary Submission of a Child Drug Dependent to Confinement, Treatment and Rehabilitation. — A child who is a drug dependent or suspected to be one may — personally or through the parent, guardian or relative within the fourth degree of consanguinity or affinity — apply to the Board or its duly recognized representative for treatment and rehabilitation of the drug dependency. The Board shall then submit the matter to the court, which shall immediately order that the child be examined for drug dependency.

Section 9. Case Study Report. — The court shall likewise direct the court social worker to prepare and submit to it a Case Study Report for its consideration pursuant to Section 19 of the Rule on Juveniles in Conflict with the Law. The case study report shall identify the child's environmental, family and psychosocial functioning problems, including a strengths-based biophysical assessment done on the child by a Department of Health (DOH)-accredited physician, to help the court in properly addressing the substance abuse problem of the child.

Section 10. Examination for Drug Dependency. — The examination for drug dependency shall be conducted by an accredited physician of the DOH. If the results show that the child is a drug dependent, the court shall order that the child undergo treatment and rehabilitation in a Center designated by the Board for a period of not less than six months.

Section 11. Treatment and Care by a DOH-Accredited Physician. — A child drug dependent may be placed under the care of a DOH-accredited physician if:

(a) no Center is near or accessible to the residence of the child; or

(b) where the child is a first-time offender and non-confinement in a Center will not pose a serious danger to his/her family or community.

Section 12. Treatment Program Design. — The court shall direct the Center or DOH-accredited physician to ensure that the treatment program designed for the child shall consider the following factors:

(a) Family history of drug or substance abuse;

(b) Personality characteristics such as low self-esteem, sensation-seeking attitude, lower intellectual achievement and aggressive behavior;

(c) Gender-based violence;

(d) Lack of family or relational attachments;

(e) Peer pressure; or

(f) School or education environment.

The court shall also direct that the intervention treatment program include the active participation and collaboration of the child's family, the law enforcers, the child's school, if any, various community organizations dealing with at-risk youths, and the court system itself.

Section 13. Period of Confinement in a Center or Under the Care of DOH-Accredited Physician. — Confinement in a Center for treatment and rehabilitation or under the care of a DOH-accredited physician shall not exceed one year, after which time the head of the Center or the said physician, as the case may be, shall apprise the court, as well as the Board, of the status of the treatment and rehabilitation of the child. The court, together with the Board, shall determine whether further confinement or care will be for the welfare and best interest of the child drug dependent and his/her family or the community.

Section 14. Discharge Under the Voluntary Submission Program. — A child drug dependent under the voluntary submission program who is finally discharged from confinement shall be exempt from criminal liability under Section 15 of this Act, subject to the following conditions:

(a) He/she has complied with the rules and regulations of the Center or those imposed by the DOH-accredited physician, the applicable rules and regulations of the Board, including the after-care and follow-up program for at least eighteen months following temporary discharge from confinement in the Center or, in the case of a drug dependent placed under the care of the DOH-accredited physician, the after-care program and follow-up schedule formulated by the Department of Social Welfare and Development (DSWD) and approved by the Board;

(b) He/she has never been charged with or convicted of any offense punishable under the Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended, the Revised Penal Code, as amended, or any other special penal law;

(c) He/she has no record of escape from a Center or, if an escapee, has surrendered personally or through the parents, guardian or relative within the fourth degree of consanguinity or affinity, within one week from the date of the escape; and

(d) He/she poses no serious danger to his/her person, family or community.

Should the child fail to comply with any of the above conditions, the case shall be referred to the prosecutor for regular preliminary investigation.

Section 15. Temporary Release from the Center, After-Care and Follow-up Treatment Under the Voluntary Submission Program. — Upon certification by the Center or the DOH-accredited physician that the child drug dependent under the voluntary submission program may be temporarily released, the court shall order such release on condition that the child shall report to the DOH for after-care and follow-up treatment, including urine testing, for a period not exceeding eighteen months under such terms and conditions that the court may impose.

The DOH-accredited physician can recommend to the court the temporary release of the child drug dependent at least forty-five days after initial admission to a facility and may likewise prescribe a comprehensive after-care and follow-up program approved by the court to which the child drug dependent should adhere in order to complete at least eighteen months.

If at any time during the period of after-care and follow-up program, the child is certified to be rehabilitated, the court shall order his/her final discharge, subject to the provisions of Section 12 of this Rule, without prejudice to the outcome of any pending case filed in court.

Section 16. Recommitment. — Should the DOH find that during the initial after-care and follow-up program of eighteen months, the child requires further treatment and rehabilitation in the Center or by the DOH-accredited physician, he/she shall be so recommitted. Thereafter, he/she may again be certified for temporary release and ordered released for another after-care and follow-up program pursuant to Section 13 of this Rule.

Section 17. Probation and Community Service Under the Voluntary Submission Program. — A child drug dependent under the voluntary submission program who is discharged as rehabilitated by the Center or DOH-accredited physician, but does not qualify for exemption from criminal liability under Section 55 of the Act, may be charged under the provisions of the Act. However, the court upon its discretion may order that the child be placed on probation and that he/she undergo community service in lieu of imprisonment and/or fine, without prejudice to the outcome of any pending case filed in court.

The child drug dependent shall undergo community service as part of his/her after-care and follow-up program which may be done in coordination with non-governmental civic organizations accredited by the DSWD, with the recommendation of the Board.

Both the after-care and follow-up programs shall employ a strengths-based approach which shall focus on reinforcing the positive internal resources of the child, such as his/her innate talents or skills, what he/she is good at, as well as what his/her life goals are and what may be done to achieve them.

Section 18. Filing of Charges Against a Child Drug Dependent Who is not Rehabilitated Under the Voluntary Submission Program. — A child drug dependent under the voluntary submission program who is not rehabilitated after a second commitment to the Center or a DOH-accredited physician under the voluntary submission program shall be charged and prosecuted, upon recommendation of the Board, with violation of Section 15 of the Act. If convicted, the child shall be credited for the period of confinement and rehabilitation in the Center or by the DOH-accredited physician, in the service of the sentence. In addition thereto, the child shall enjoy all the rights provided under the Rule on Juveniles in Conflict with the Law that are not inconsistent with the provisions of the Act.

Section 19. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program. — A child under the voluntary submission program who escapes from the Center or from the custody and care of a DOH-accredited physician may submit himself/herself for recommitment and rehabilitation within one week from such escape. The parent, guardian or relative within the fourth degree of consanguinity or affinity may, within this period, also surrender the child for recommitment and rehabilitation in which case the corresponding order shall be issued by the Board.

If the child fails to submit himself/herself or is not surrendered for recommitment or rehabilitation after one week from his/her escape, the Board shall apply to the court for a recommitment and rehabilitation order. Upon proof of previous commitment or voluntary submission of the child to the Board, the court shall issue an order for recommitment and rehabilitation within one week from submission of such proof.

If, subsequent to a recommitment, the child once again escapes from confinement, he/she shall be charged with violation of Section 15 of the Act and be subjected to compulsory confinement upon order of the Board or upon order of the court, as the case may be.

Section 20. Confidentiality of Records Under the Voluntary Submission Program. — The judicial and medical records of a child drug dependent under the voluntary submission program shall be confidential and shall not be used against him/her for any purpose, except to determine how many times the child by himself/herself, or through his/her parent, guardian, or relative within the fourth degree of consanguinity or affinity underwent voluntary submission for confinement, treatment and rehabilitation or commitment to a Center or to the custody and care of a DOH-accredited physician under the program.

Where the child is not exempt from criminal liability under Section 55 of the Act, or when he/she is not rehabilitated under the voluntary submission program, or when he/she escapes again from confinement after recommitment, the records mentioned in the immediately preceding provisions that are necessary for conviction may be utilized in court as evidence against such child.

Section 21. Compulsory Confinement of a Child Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program. — Notwithstanding any law, rule and regulation to the contrary, any child found to be dependent on dangerous drugs who refuses to apply under the voluntary submission program shall, upon petition by the Board or any of its authorized representatives, be confined for treatment and rehabilitation in any Center duly designated or accredited by the DOH.

A petition for the confinement to a Center of a child alleged to be drug dependent may be filed by any person authorized by the Board with the Family Court, or, in the absence thereof, the Regional Trial Court of the province or city where such person is found.

After the petition is filed, the court shall immediately order a hearing, fix a date therefor, and serve a copy of such order on the child and his/her parents, guardian or custodian.

If the facts established at the hearing so warrant, the court shall order the child to be examined by two physicians accredited by the Board. If both physicians conclude that the child is not a drug dependent, the court shall order his/her discharge. If either physician finds the child to be a dependent, the court shall conduct a hearing and consider all relevant evidence which may be offered. If the court finds the child to be drug dependent, it shall issue an order for his/her commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event, the order of discharge or order of confinement or commitment shall be issued by the court not later than fifteen days from the filing of the appropriate petition.

Section 22. Compulsory Submission to Treatment and Rehabilitation of a Child Drug Dependent Charged with an Offense. — If a child charged with an offense where the imposable penalty is imprisonment of less than six years and one day is found by the prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the prosecutor or the court, as the case may be, shall suspend all further proceedings and transmit copies of the records of the case to the Board.

In the event the Board determines, after the medical examination, that public interest requires that such child drug dependent be committed to a Center for treatment and rehabilitation, it shall file a petition for commitment with the Family Court or, in the absence thereof, the Regional Trial Court of the province or city where the child is being investigated or tried: Provided, that where a criminal case is pending court, the petition shall be filed in such court. The court shall take judicial notice of the prior proceedings in the case and shall proceed to hear the petition. If the court finds the child to be a drug dependent, it shall order his/her commitment to a Center for treatment and rehabilitation. The head of the Center shall submit to the court every four months, or as often as the court may require, a written report on the progress of the treatment. If the child drug dependent is rehabilitated, as certified by the Center and the Board, he/she shall be returned to the court, which committed him/her, for discharge therefrom.

Thereafter, the prosecution of the child for any offense punishable by law shall be instituted or shall continue, as the case may be. In case of conviction and the child has been certified by the treatment and rehabilitation center to have maintained good behavior, the judgment shall indicate that the child shall be given full credit for the period he/she was confined in the Center: Provided, however, that when the offense is for violation of Section 15 of the Act and the child is not a recidivist, the penalty therefor shall be deemed to have been served in the Center upon the release of the child therefrom after certification by the Center and the Board that the child has been rehabilitated.

Section 23. Prescription of the Offense Charged Against a Child Drug Dependent Under the Compulsory Submission Program. — The period of prescription of the offense charged against a child drug dependent under the compulsory submission program shall not run during the time that said child is under confinement in a Center or otherwise under the treatment and rehabilitation program approved by the Board.

Section 24. Temporary and Final Discharge of the Child from Treatment and Rehabilitation in Compulsory Submission; Recommitment. — Upon certification by the Center that the child may temporarily be discharged therefrom, the court shall order the release of the child on the condition that he/she shall report to the Board through the DOH for after-care and follow-up treatment for a period not exceeding eighteen months under such terms and conditions as may be imposed by the Board.

If at any time during the aftercare and follow-up period the Board certifies to the complete rehabilitation of the child, the court shall order his/her final discharge and the immediate resumption of the trial of the case for which the child has been originally charged. Should the Board through the DOH find at any time during the after-care and follow-up period that the child requires further treatment and rehabilitation, it shall file a petition in court for his/her recommitment.

Section 25. Recommitment for Confinement and Rehabilitation Under the Compulsory Submission Program in Case of Escape. — A child who escapes from the Center may submit himself/herself to the Board for reconfinement within one week from the date of his escape. The child may likewise be surrendered for recommitment within the same period by the parent, guardian or relative within the fourth degree of consanguinity or affinity.

If the child does not resubmit for confinement or is not surrendered for recommitment, the Board may apply with the court for the issuance of a recommitment order.

Upon proof of previous commitment of the child, the court shall issue an order for recommitment. If, subsequent to such recommitment, the child should escape again, he/she shall no longer be exempt from criminal liability for use of any dangerous drug, in which case, the corresponding charge for violation of Section 15 of the Act shall be filed against him/her.

Section 26. Effect of Final Discharge. — A child committed under Sections 20, 22 and 23 of this Rule who is finally discharged from confinement shall be exempt from criminal liability for the use of a dangerous drug under Section 15 of the Act, without prejudice to the outcome of any pending case filed in court.

Section 27. Non-rehabilitation After Recommitment. — A child who is not rehabilitated after a second commitment to the Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under Section 15 of the Act, without prejudice to the outcome of any pending case filed in court.

Section 28. Confidentiality of Records Under the Compulsory Submission Program. — The provisions of Section 18 of this Rule regarding Confidentiality of Records Under the Voluntary Submission Program shall apply to a child who is rehabilitated and discharged under a compulsory submission program, or is charged with violation of Section 15 of the Act. However, the records of a child who has not been rehabilitated or who escaped but has not surrendered within the prescribed period shall be forwarded to the court and the use of those records shall be determined by the court, taking into consideration the best interest of the child and public safety.

Section 29. Automatic Suspension of Sentence. — If a child is under eighteen years of age at the time of the commission of the offense and is found guilty thereof, the court shall determine and ascertain any civil liability. However, instead of pronouncing the judgment of conviction, the court shall place the child under suspended sentence, without need of application. Suspension of sentence shall still be applied even if the child is already eighteen years of age at the time of the conviction.

Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures under the Rule on Juveniles in Conflict with the Law.

While under suspended sentence, the child shall be under the supervision and rehabilitation surveillance of the Board, under such conditions that the court may impose for a period ranging from six to eighteen months.

Upon recommendation of the Board, the court may commit the child under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six months, with after-care and follow-up program for not more than eighteen months.

Section 30. Discharge After Compliance with Conditions of Suspended Sentence. — If the child under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center or care of a DOH-accredited physician, the court, upon a favorable recommendation of the Board or the physician, shall discharge him and dismiss all proceedings under Section 11 of the Act.

Section 31. Confidentiality of Records. — Upon the dismissal of the proceedings against the child, the court shall enter an order to expunge all official records, other than the confidential record to be retained by the Department of Justice relative to the case. Such order, which shall be kept confidential, shall restore the child to his/her status prior to the case.

Section 32. Non-liability for Perjury, Concealment or Misrepresentation. — The child so discharged shall not be held thereafter to be guilty of perjury, concealment or misrepresentation by reason of failure to acknowledge the case or recite any fact related thereto in response to any inquiry made for any purpose.

Section 33. Promulgation of Sentence. — If the child violates any of the conditions of the suspended sentence, the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance, including the rules and regulations of the Center should confinement be required, he/she shall be returned to the court which, after due notice and hearing and after finding sufficient basis therefor, shall execute the judgment of conviction.

Section 34. Probation in Lieu of Imprisonment. — In cases involving violations of Sections 11 and 15 of the Act, the court, upon application and in its discretion, may place the child under probation. Probation may still be availed of even if the sentence provided under the Act is higher than that provided under the Probation Law.

The supervision and rehabilitative surveillance of the child who is placed under probation shall be undertaken by the Board or the DOH-accredited physician through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board or the DOH-accredited physician shall submit a written report to the court recommending termination of probation and final discharge of the probationer. Thereupon, the court shall issue such an order.

Section 35. Compliance with Community Service Orders. — In cases involving violations of Section 15 of the Act, the court may impose community service in lieu of imprisonment. When so imposed, the order of the court shall be complied with under such conditions, time and place as it may determine according to its discretion, and upon the recommendation of the Board or the DOH-accredited physician.

The completion of the community service by the child shall be under the supervision and rehabilitative surveillance of the Board or the DOH-accredited physician during the period required by the court. Thereafter, the Board or physician shall tender a report to the court on the manner of compliance with the community service. The court in its discretion may order the extension of the community service or issue an order of final discharge.

In both cases, the confidentiality of the judicial records shall be maintained.

Section 36. Credit in Service of Sentence. — If the sentence promulgated by the court for the child requires imprisonment, the period spent by the child in the Center or under the care of the physician during the suspended sentence shall be deducted from the sentence to be served.

Section 37. Records to be kept by the Department of Justice (DOJ). — The DOJ shall keep a confidential record of the proceedings on suspension of sentence, and the record shall not be used for any other purpose unless beneficial to the child and ordered by the Court that handled the case.

Section 38. Liability of a Parent or Guardian Who Refuses to Cooperate with the Board or any Concerned Agency. — Any parent or guardian who, without valid reason, refuses to cooperate with the Board or any concerned agency in the treatment and rehabilitation of a child, or in any manner prevents or delays the after-care, follow-up or other programs for the welfare of the child drug dependent, whether under a voluntary or a compulsory submission program, may be cited for contempt by the court.

Section 39. Gender-Sensitivity Training. — No personnel of rehabilitation and training facilities shall handle children in conflict with the law without having undergone gender-sensitivity training.

Section 40. Effectivity. — This Rule shall take effect on November 5, 2007, after its publication in a newspaper of general circulation not later than October 5, 2007.

October 19, 2004

Section 1. Applicability. - This Rule shall apply to petitions for protection orders in cases of violence against women and their children under R.A. No. 9262, otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004."

The Rules of Court shall apply suppletorily.

SEC. 2. Construction. - This Rule shall be liberally construed to promote its objectives pursuant to the principles of restorative justice.

SEC. 3. Objectives. - The objectives of this Rule are:

(a) To protect the rights of the family and its members particularly women and children from violence and threats to their personal safety and security;

(b) To enable the courts to manage and monitor cases involving violence against women and children and the members of their family or household;

(c) To prevent any disruption in the daily lives of the offended parties and assist them to regain control of their lives;

(d) To ensure that treatment is provided for the offended parties and offenders; and

(e) To hold the offenders accountable for their acts.

SEC. 4. Definitions. - As used in this Rule:

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or a woman with whom the person has or had a dating or sexual relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

(b) "Children" refers to persons below eighteen years of age or older but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. It includes the biological children of the offended party and other children under her care.

(c) "Members of the family" shall include husband and wife, parents and children, the ascendants or descendants, brothers and sisters, whether of the full or half blood, whether living together or not.

(d) "Members of the household" shall include:

(1) Spouses, common-law spouses, former spouses, whether living together or not, and their children;

(2) Relatives by consanguinity or affinity up to the sixth civil degree, including stepparents and stepchildren living together in the same house; and

(3) Domestic helpers in the service of the employer, whose services are usually necessary or desirable for the maintenance and enjoyment of the home, who attend to the personal comfort and convenience of the members of the household.

(e) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting in physical and psychological or emotional distress.

(f) "Sexual violence" refers to an act which is sexual in nature committed against a woman or her child. It includes the following:

(1) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing the offended party to watch obscene publications and indecent shows or to do indecent acts or make films thereof, forcing the wife and mistress or lover to live in the conjugal home or sleep together in the same room with the abuser;

(2) acts causing or attempting to cause the offended party to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; and

(3) prostitution of the woman or her child.

(g) "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the offended party such as intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the offended party to witness the physical, sexual or psychological abuse; of a member of the family to which the offended party belongs, or to witness pornography in any form or .to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody or visitation of common children.

(h) "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes the following:

(1) withdrawing of financial support or preventing the offended party from engaging in any legitimate profession, occupation, business or activity, except in cases where the other spouse or partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

(2) depriving or threatening to deprive financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

(3) destroying household property; and

(4) controlling the offended party's own money or property or solely controlling the conjugal money or property.

(i) "Stalking" refers to an intentional act of knowingly and without lawful justification, following the woman or her child or placing the woman or her child under surveillance directly or indirectly or through a combination thereof.

(j) "Sexual relationship" refers to a single sexual act which may or may not result in the bearing of a common child;

(k) "Program of intervention for offended parties" refers to a specialized program that provides advocacy, shelter, crisis intervention, social services, treatment, counseling, education, or training.

(I) "Program of intervention for offenders" refers to court-ordered treatment of offenders given by agencies or persons who have demonstrated expertise and experience in anger control, management of alcohol, substance abuse; and other forms of intervention to stop violence,

(m) "Safe Place or Shelter" refers to any home or institution managed by the Department of Social Welfare and Development (DSWD) or by any agency or voluntary organization accredited by the DSWD or any other suitable place the resident of which is willing to receive the offended party temporarily.

(n) "Safety plan" refers to a written plan of action prepared by a social worker and approved by the court to secure the protection of the offended party.

(o) "Protection order" is an order issued by the court to prevent further acts of violence against women and their children, their family or household members, and to grant other necessary relief. Its purpose is to safeguard the offended parties from further harm, minimize any disruption in their daily life and facilitate the opportunity and ability to regain control of their life.

(p) "Barangay protection order" (BPO) refers to the protection order issued by the Punong Barangay, or in his absence the Barangay Kagawad, ordering the perpetrator to desist from committing acts of violence against the family or household members particularly women and their children under Sections 5a and 5b of R.A. No. 9262.

(q) "Temporary protection order" (TPO) refers to the protection order issued by the court on the filing of the application and after ex parte determination of its need. It may also be issued in the course of a hearing, motu proprio or upon motion.

(r) "Permanent protection order" (PPO) refers to the protection order issued by the court after notice and hearing.

(s) "Live-link television testimony" refers to the testimony of a child, who is an eyewitness or offended party in violence against women and their children, taken in a room outside the courtroom and televised to the courtroom by live-link television, as provided for in Section 25 of the Rule on Examination of a Child Witness. It may also refer to the live-link testimony of an adult female victim of violence, which may be allowed at the discretion of the court.

SEC. 5. Acts of violence against women and their children under R.A. No. 9262. - Violence against women and their children is committed through any of the following acts:

(a) Causing, threatening or attempting to cause physical harm to the woman or her child;

(b) Placing the woman or her child in fear of imminent physical harm;

(c) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict .or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical on other harm, or intimidation directed against the woman or her child.

This shall include, but is not limited to, the following acts committed with the purpose or effect of controlling or restricting the movement or conduct of the woman or her child:

(1) Threatening to deprive or actually depriving the woman or her child of custody or access to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right; and

(4) Preventing the woman from engaging in any legitimate profession, occupation, business or activity except in cases where the spouse or partner on valid, serious and moral grounds, or controlling the victim's own money or property, or solely controlling the conjugal or common money or property;

(d) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

(e) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

(f) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.

This shall include, but is not limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or child; and

(5) Engaging in any form of harassment or violence; or

(g) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of a minor child or denial of access to the woman's child.

SEC. 6. Remedies of offended party. - The offended party may file a separate petition for protection order without claiming damages. The offended party may also pursue other remedies in accordance with Part II of this Rule by the filing of any of the following:

(a) Criminal action;

(b) Criminal action with reservation of a separate civil action; or

(c) Civil action for damages.

Part I PETITION FOR PROTECTION ORDER

SEC. 7. Form of petition. - A petition for protection order shall be in writing, signed and verified by the petitioner. It shall be accompanied by a certificate of non-forum shopping which the petitioner must sign personally.

SEC. 8. Who may file petition. - A petition for protection order may be filed by any of the following:

(a) The offended party;

(b) Parents or guardians of the offended party;