DOJ Issuances

of the
Relationship
of Prosecutors
and the Police
Presented by:

PCI Gordy L
Angihan
&
PCI Pilarito R
 Lesson plan

Course: Criminal Investigation Course

Module: 2- Laws and Jurisprudence

Subject: DOJ Issuances on the Relationship of Prosecutors and the Police

Lesson Plan Number: 5

Target Audience:

Time Allocated: 4 hour

Training Aid Required: Overhead projector

Projector screen
Laptop/Desktop computer
Flip charts and markers

Participant Equipment Required: Notebook

Ball pen
Student hand out

Training Reference Used: R.A. No. 9344, R.A. 6981, RA 7610, Executive Order No. 511,
Rationalizing the Public Information Functions and Duties of Executive Branch,
LOI Santinig (PNP Communication Plan).
Introduction:

The subject matter provides the salient features of Supreme Court Writs and
corresponding procedures to be undertaken by law enforcement agencies. It also deals
on DOJ issuances regarding the procedures to be observed by law enforcers and
prosecutors in dealing with the protection of witnesses and victims.

Learning Goal:

The participants will be updated with recent DOJ issuances regarding procedures
to be observed by law enforcers and prosecutors in dealing with the protection of
witnesses and victims.

Learning Objectives:

After the block of Instructions, the participants will be able to:

Know the witness protection program of the DOJ;

Understand the role of prosecutors as partner of law enforcers in the protection
of witnesses and victims;
Aware of the Special Committee for Protection of Children under the DOJ;
Review salient features of the DOJ Media Guidelines; and
Know the rules on inquest of children in conflict with the law.
Order of Presentation:

I. WITNESS PROTECTION, SECURITY AND

BENEFIT PROGRAM
II. PROSECUTORS WORK HAND IN HAND WITH
THE LAW ENFORCEMENT
III. SPECIAL COMMITTEE FOR PROTECTION OF
CHILDREN
IV. DOJ MEDIA GUIDE
V. RULE ON INQUEST OF CHILDREN IN
CONFLICT WITH THE LAW
I. WITNESS PROTECTION, SECURITY AND
BENEFIT PROGRAM

What is a Witness Protection Program?

It is a program established under Republic Act

No. 6981, "The Witness Protection, Security and
Benefit Act", which seeks to encourage a person
who has witnessed or has knowledge of the
commission of a crime to testify before a court or
quasi-judicial body, or before an investigating
authority, by protecting him from reprisals and
from economic dislocation.
Who can be admitted into the Program?

a. Any person who has knowledge of or information

on the commission of a crime and has testified or
is testifying or is willing to testify.
b. A witness in a congressional investigation, upon
the recommendation of the legislative committee
where his testimony is needed and with the
approval of the Senate President or the Speaker
of the House of Representatives, as the case
may be.
c. A witness who participated in the commission of
a crime and who desires to be a State witness.
d. An accused who is discharged from an
information or criminal complaint by the court in
order that he may be a State witness.
 Who are disqualified for admission into the Program?

An applicant will not be admitted into the program if:

a. the offense in which his testimony will be used is not a

grave felony;
b. his testimony cannot be substantially corroborated in its
material points;
c. he or any member of his family within the second
degree of consanguinity or affinity has not been
threatened with death or bodily injury or there is no
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
d. if the applicant is a law enforcement officer even if he
will testify against other law enforcement officers. The
immediate members of the applicant may, however, be
admitted into the program.
 How a person admitted to the Program?

The person who is in danger or his/her family may get

an application form from the Secretariat, Witness Protection
Security and Benefit Program. This is at the Department of
Justice building in Padre Faura, Manila. The applicant may
also get the form from the nearest Regional State
Prosecutor. The proceedings involving the application for
admission, the action taken thereon and the information or
documents submitted in support of the application are
confidential. They cannot be released without the written
order of the Department of Justice or the proper court.
 What happens if an applicant is qualified to be a witness?

The witness is required to enter into a Memorandum of

Agreement with the Government.

What benefits may a witness under the Program receive?

The benefits include the following:

a. Security protection and escort services.

b. Immunity from criminal prosecution and not to be
subjected to any penalty or forfeiture for any
transaction, matter or thing concerning his compelled
testimony or books, documents or writings produced.
c. Secure housing facility.
d. Assistance in obtaining a means of livelihood.
What benefits may a witness under the Program
receive?

e. Reasonable travelling expenses and subsistence

allowance while acting as a witness.
f. Free medical treatment, hospitalization and medicine
for any injury or illness incurred or suffered while
acting as a witness.
g. Burial benefits of not less than Ten Thousand pesos
(P10,000.00) if the witness is killed because of his
participation in the Program.
h. Free education from primary to college level for the
minor or dependent children of a witness who dies or
is permanently incapacitated.
i. Non-removal or demotion in work because of
absences due to his being a witness and payment of
full salary or wage while acting as witness.
What will happen to a witness who refuses or
fails to testify?

He may be arrested or detained and prosecuted for perjury

or contempt.

When is a witness discharged from the

Program?

A witness is discharged

a. when he has already testified or has completed his

witness duty;
b. if he fails or refuses to testify;
c. if he is no longer regarded as a necessary witness; or
if the danger falls away
What benefits are given to a witness who is honourably
discharged from the Program?

After being honourably discharged as a witness, he

and any member of his family within the second civil
degree of consanguinity or affinity may be relocated in
an area where he will be safe and/or given a new
personal identity. He may also be given one-time
financial assistance for his support and that of his
family.
II. PROSECUTORS WORK HAND IN HAND WITH
THE LAW ENFORCEMENT

SEC. 32 R.A. No. 9344.. Duty of the

Prosecutor's Office of

There shall be a specially trained

prosecutor to conduct inquest, preliminary
investigation and prosecution of cases involving a
child in conflict with the law. If there is an allegation
of torture or ill-treatment of a child in conflict with
the law during arrest or detention, it shall be the
duty of the prosecutor to investigate the same.
SEC. 33. Preliminary Investigation and Filing of
Information

1. The prosecutor shall conduct a preliminary

investigation in the following instances:

(a) when the child in conflict with the law does not
qualify for diversion;
(b) when the child, his/her parents or guardian
does not agree to diversion as specified in
Sections 27 and 28; and
(c) when 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.
2. 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 place of detention of
the child in conflict with the law.

3. Upon determination of probable cause by the

prosecutor, the information against the child shall
be filed before the Family Court within forty-five
(45) days from the start of the preliminary
investigation.
Prosecutors guide to police prosecutor relation

Organization of the guide to police prosecutors relation

1. One of the guides asks the prosecutor to assess the Police-

Prosecutor environment within which he she works. It ask
question what are my major problems and what aspect
should I focus on my improvement.

2. The technique used to present materials in the guide is to

first present the problem that are most commonly expressed.
We have presented them as gripe. The comparison and
contrast between police gripes and the prosecutors gripe
have different dimensions of the problem for one particular
aspect of the police prosecutor relation.
3. One alternative to resolved to resolve or reduce gripes
are offer in the form of question starting with the phrase
why not, the technique of offering alternative as a
series of why not is used to let the prosecutor know
that he can accept or reject the alternative.

4. Each of the alternatives are briefly described and

followed by suggestions for action that can be taken to
implement change. All of the suggested actions are
based upon reality. They have been observed in
practice in at least one of the office that participates in
the innovation project. Where appropriate, site
examples are presented to give richer context for the
suggestion directions the prosecutor may want to
pursue.
There are eight (8) steps on how to achieve
good police-prosecutors relationship.

1. First step

Starts with the agreement of the prosecutors, chief

of police to work together in controlling crime and
protecting the public.

2. Second step

Examines ways in which this policy level

agreement can be translated into workable
procedures that educate both police and
prosecutor about the needs and limits of these two
different perspectives.
 8 steps on how to achieve good police-
prosecutors relationship
3. Third step

Present some technique for the improving the quality and

timeliness of police
report.

4. Fourth step

Examine the way to make police contact with prosecutor office

easier and
more effective.

5. Fifth step

Looks how law enforcement can help the prosecutor to their

cases move
toward trial and disposition.
 8 steps on how to achieve good police-
prosecutors relationship

6. Sixth step

Promotes ways to make success with law enforcement

and developing long-
term relationship between the police and prosecutors.

7. Seventh step

Address the power of joint police- prosecutors operation.

8. Eight and final step

Focuses on the improvements that police-prosecutors

together can make in the community if they reach beyond their
traditional duties.
III. SPECIAL COMMITTEE FOR PROTECTION OF
CHILDREN

1.What is the Special Committee for the

Protection of Children?

It is a body charged with monitoring the

implementation of Republic Act No. 7610,
"The Special Protection For a Child Against
Abuse, Exploitation, and Discrimination Act
2. Who is considered a child under R.A. No. 7610?

A child one who is below 18 years of age or one who is over 18

years of age but who cannot take care of himself fully because of
a physical or mental disability or condition.

3. What is child abuse?

It is any act which inflicts physical or psychological injury, cruelty

to or the neglect, sexual abuse of, or which exploits, a child.

4. What is cruelty?

It is any word or action which debases, degrades or demands

the dignity of a child as a human being.
5. Is discipline administered by a parent or legal
guardian on a child considered cruelty?

No, if it is reasonably administered and moderate in

degree and does not cause physical or Psychological
injury.

6. What physical injury is considered as child

abuse?

One that causes severe injury or serious bodily harm

to child, such as lacerations, fractured bones, burns or
internal injuries.
7. What psychological injury is considered as child
abuse?

One that harms a child's psychological or intellectual

functions. This may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive
behaviour or a combination of said behaviours.

8. What is child neglect?

It is failure of a parent or legal guardian to provide, for

reasons other than poverty, adequate food, clothing,
shelter, basic education or medical care so as to
seriously endanger the physical, mental, social and
emotional growth and development of the child.
9. What is child sexual abuse?

It is the employment, use, persuasion, inducement,

enticement or coercion of child to engage in, or assist
another person to engage in sexual intercourse or
lasciviousness conduct or the molestation or
prostitution of, or the commission of incestuous acts,
on, a child.

10. What is child exploitation?

It is hiring, employment, persuasion, inducement, or

coercion of child to perform in obscene exhibitions
and incident shows, whether live, on video or film, or
to pose or act as a model in obscene or pornographic
materials, or to sell or distribute said materials.
11. Where can I report child abuse cases?

You may report the matter to the:

a.Department of Social Welfare & Development or

to the Child Health and Intervention and
Protective Service (CHIPS) Tel. No. 734-4216

b.Anti-Child Abuse, Discrimination, Exploitation

Division (ACADED) National Bureau of
Investigation Tel. Nos. 525-6028/525-8231 loc.
403 & 444
c.Commission on Human Rights Child Rights
Canter Tel. No. 927-4033 (Mon-Fri during office
hours)
You may report the matter to the:

d. Philippine National Police Operation Canter Tel.

Nos. 712- 8613/722-0540 & 724 8749 or nearest
police station

e. DOJ Task Force on Child Protection, Tel. Nos.

523-8481 to 89, loc. 378 or contact the nearest
Provincial, City or Regional Prosecutor

f. Local Barangay Council for the Protection of

Children
12. Do I have a duty to report cases of child abuse?

Yes, it is your civic and moral duty to do so.

13. Who are required by law to report child abuse

cases?

The following must report a child abuse case:

a.The head of a public or private hospital, medical

clinic or similar institution, as well as the
physician and nurse who attended to the needs
of the abused child.

b.Teachers and administrators of public schools

 c. Parole and probation officers

d. Government lawyers

e. Law enforcement officers

f. Barangay officials

g. Correction officers such as jail guards

h. Other government officials and employees

whose work involves dealing with children

14. Can then persons named above may be charged

criminally if they do not report a child abuse
case?
YES
15. Who can file a complaint for child abuse?

a. The child victim

b. The parent or legal guardian of the victim

c. The grandparent, or relative of the child victim up to a first

cousin

d. The Barangay Chairman

e. One of a group of 3 or more persons who have personal

knowledge of the abuse.

16.Where should a complaint for child abuse be filed?

Your compliant should be filed with the Department of Social

Welfare and Development or with the police or other law
enforcement agency.
IV. DOJ MEDIA GUIDELINES

Media rule on interviewing minors:

1.Journalists can no longer interview a minor

involved or victimized in a crime without the
supervision of a child expert or a government
official.

2.The new rule was set by new guidelines released

recently by a special committee formed by the
Department of Justice (DOJ), the Department of
Social Welfare and Development (DSWD), and
other government organizations.
 Media rule on interviewing
minors:
3. The Special Committee for the Protection of
Children released the "Revised Guide for Media
Practitioners on the Reporting and Coverage of
Cases Involving Children" to safeguard the basic
rights of people below the legal age of 18.

4. According to the guidelines, reporters can only

interview underage victims and suspects if the
latter are accompanied by a DSWD
representative or a psychologist.

5. The new guidelines also restrict the media to

divulge private information about minors involved
in a crime, including their addresses and other
information about their parents.
 Contn. Media rule on interviewing
minors:
6. Justice Undersecretary Linda Hornilla said the
guidelines would ensure that minors are able to enjoy
their right to privacy and right to be heard without their
dignity being put on the line.

Memorandum Circular No.2006-022

1.The PNP Media Relations Policy Is consistent with the

policy of rational transparency in all police activities,
and of upholding the right of the people to be informed
on matters of public interest.

2.It is the purposes of this policy to establish the specific

guideline on how every member of the Philippine
national police (PNP) should deal with members of the
media, especially on releasing public information.
 3. This policy also claims aims to re orient and further
motivate every PNP personnel to be cognizant of the
importance of good working relationship with the
media as vital component of the organization over all
police community relation program, but with utmost
awareness of the limit of disclosure of information.

Limit of disclosure

The term limit of disclosure applies only to limit set by

legal requirement (i.e the right of the accuse) in the
absences of the any legal impediment the PIO or
spokesperson must be truthful and honest at all times
.however .the PIO may set the rules with media on what
type of information to reveal to the public (i.e status of
police operation )so that existing effort will not be
jeopardize.
V. RULE ON INQUEST OF CHILDREN IN CONFLICT
WITH THE LAW.

Child in conflict with law - A child who is alleged as,

accused, or adjudged as, having committed an offense
under Philippine law.

Note: For purposes of the crime known as Child

Abuse (R.A. 7610) and Trafficking of Persons (R.A.
9208), the child as the victim, includes:

(i) a person below 18 years old and

(ii) one over 18 years old but is unable to fully take
care of himself/herself or protect himself/herself
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental
disability or condition.
Age of criminal responsibility of children

1.A child fifteen (15) 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 pursuant to
section 20 of this Act.

2. A child above fifteen (15) years but below eighteen

(18) years of age shall likewise be exempt from
criminal liability, unless he/she has acted with
discernment, in which case, such child shall be
subjected to the appropriate proceedings in
accordance with this Act. (Note: He is entitled to a
reduction of his penalty by one degree in case of
conviction)
 3. The exemption from criminal liability herein
established does not include exemption from civil
liability, which shall be enforced in accordance
with existing laws.

Sec. 7. of RA 9344. Determination of Age.- The CICL

shall enjoy the presumption of minority. In case of doubt
as to the age of the child, it shall be resolved in his/her
favour.
 Procedures to be followed for persons 15 and below,
pursuant to section 20.

1.The authority having initial contact shall cause

the immediate release to the custody of his
parent/guardian, or in the absence thereof, the
childs nearest relative.

2. If detention is necessary, the child shall be

secured in quarters separate from that of the
opposite sex and adult offenders.

NOTE: The intent of the law is that as much as

possible, the CICL should not be placed in jail.
Providing for Measures/Programs to address the
welfare of the CICL and to prevent the CICL from
entering the Justice System.

1.Diversion- an alternative, child-appropriate

process of determining the responsibility and
treatment of a child in conflict with the law on the
basis of his/her social, cultural, economic
psychological or educational background without
resorting to formal proceedings.
2. Diversion Program- the program that the CICL is
required to undergo after he/she is found responsible
for an offense without resorting to formal court
proceedings.

3. Intervention- a series of activities which are designed

to address issues that caused the child to commit an
offense. It may take the form of an individualized
treatment program which may include counselling,
skills training, education, and other activities that will
enhance his/her psychological, emotional and
psycho-social well being.
System of Diversion: The Diversion Proceeding (Note that
this presupposes the accused has not yet been formally
tried in court).

Face-to-face initial confrontation with the victim.

1. Where the impossible penalty is not more than 6 years

imprisonment, the following shall be conducted by the law
enforcement officer or Punong Barangay with the
assistance of the local SWDO:

a.Mediation

b.family conferencing and conciliation

c. appropriate indigenous modes of conflict resolution in

accordance with the best interest of the child

The child and his/her family shall be present in these

activities.
2. In victimless crimes where the penalty is not
more than 6 yeas of imprisonment, the local
SWDO shall meet with the child and his/her
parents or guardians for the development of the
appropriate a diversion and rehabilitation
program.

3. Where the impossible penalty for the crime

committed exceeds 6 years imprisonment,
diversion measures may be resorted to only by
the court.
4. If the child voluntarily admits the commission of
the act, a diversion program shall be developed
taking into account the following factors:

a. The childs feelings of remorse for the

offense committed
b. The parents or legal guardians ability to
guide and supervise the child.
c. The victims view about the propriety of the
measures to be imposed.
d. The availability of community-based
programs for rehabilitation and reintegration
of the child.
5. (Privilege character of the admission).The
admission shall not be used against the child in
any subsequent judicial, quasi-judicial or
administrative proceedings.

6. The diversion program shall be reduced into

writing and shall be effective and binding if
accepted by the parties in writing and signed by
the parties and concerned authorities.
The CICL 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.

1.If the CICL fails to comply with the terms and

conditions of the Contract of Diversion, as certified
by the local SWDO, the offended party shall have
the option to institute the appropriate legal action.

2.The period of prescription of the offense shall be

suspended during the effectively of the diversion
program, but not exceeding a period of two years (
Section 26)
 When Diversion maybe availed of?

The CICL may be referred for diversion:

1.when the complaint is filed or referred to the

Barangay Court or
2.when a complaint is filed with and being
investigated by the law enforcement agency or
3.when the complaint is referred to, filed with, or
transmitted to, the Office of the Prosecutor and
4.when the formal complaint is filed with the
court

Note: If the child and his parents/guardian do not

consent to a diversion the case shall be filed according to
the regular process.
H. Kinds of diversion program

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. Counselling for the child and the parents
7. Attendance in trainings, seminars and lectures
on anger management skills
At the level of the Punong Barangay:

9. Problem solving and/or conflict resolution skills

10. Values formation
11. Other skills which will aid the child in dealing
with situations which can lead to repletion of
the offense
12. Participation in available community based
programs, including community service
13. Participation in education, vocation and skills
programs
At the level of the Law Enforcement and the
prosecutor:

1. Same as at the Barangay Level

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

At the level of the appropriate court:

1. Same as above
2. Written or oral reprimand or citation
3. Fine
4. Payment of the cost of the proceedings
5. Institutional care and custody
Automatic suspension of sentence upon conviction

1. If the child is found guilty of the offense

charged, the Court shall determine and
ascertain any civil and instead of pronouncing
the judgment of conviction, the court shall place
the CICL under suspended sentence, without
need of application.

NOTE HOWEVER: Juveniles, who have been

convicted of a crime punishable by reclusion
perpetua, life imprisonment or reclusion perpetua
to death, ( it is the penalty impossible and not the
penalty actually imposed) are disqualified from
having their sentence suspended even in the
advent of R.A. 9344 per the case of Declarador
vs. Gubaton (499 SCRA 431)
 2. The benefits extend to those already 18 of age at
the time of the pronouncement of guilt.

3. Effect of Suspension

a.The child shall then be subjected to such

appropriate measures as provided for by the
Rules on Juveniles in Conflict with the Law
during the period of suspension.

b.The court may order the CICL to undergo any or

combination of disposition measures best suited
to the rehabilitation and welfare of the child in
accordance with the Supreme Court Rule on
Juveniles in Conflict with the Law.
4. Action upon termination of the suspension period:

a.Discharge. Upon recommendation of the social

worker the court shall dismiss the case and
order the final discharge of the child if it finds
that the objective the disposition measures
have been fulfilled.

b.The CICL shall be provided after-care services

by the local social welfare and development
officer for a period of 6 months, to include
counselling and other community-based
services designed to facilitate social
reintegration, prevent re-offending and make
the child productive member of the community
5. Return of the CICL to the court for execution of
judgment

a.If the court finds that the objective of the

disposition measures have not been fulfilled or.

b.The child has wilfully failed to comply with the

conditions of his/her disposition or rehabilitation
program.

Note: If the CICL has reached 18 years of age while

under suspended sentence, the court shall determine
whether to discharge the child or order execution of
sentence or extend the suspended sentence for a
certain specified period or until the CICL reaches 21
years
Privileges upon Conviction

1.Credit of Service of Sentence- The CICL shall

be credited in the service of his/her sentence
with the fulltime spent in actual commitment
and detention

2.Grant of Probation-The court may, at any time,

upon application, place the CICL on probation
taking into account the best interest of the child.
( Note: probation may be granted even if the
appeal to the higher court has been perfected.)
3. Service outside prison- The CICL may, upon
order of the court, be made to serve sentence in
lieu of confinement in a regular penal institution,
in an agricultural camp and other training
facilities that maybe established, maintained
supervised and controlled by the Bureau of
Corrections in coordination with the DSWD.
Confidentiality of the Records
All records and proceedings involving CICL from initial
contact until final disposition shall be considered
privileged and confidential.

The public shall be excluded from the proceedings

QUESTION: When may the record be disclosed?

Answer. Only for the following purposes and no other:

1. To determine if the CICL may have his

sentence be suspended

2. To determine if the CICL may be granted

probation

3. To enforce the civil liability imposed in the

criminal action
QUESTION:

May the records be used in subsequent

proceedings involving the child as an adult?
Answer:

No, except when beneficial for the offender and

upon his/her written consent. (Hence the
previous record cannot be used to prove
recidivism or habitual delinquency)

Non liability for Non-disclosure- A person who

has been in conflict with the law as a child shall
not be held under any provision of law, to be
guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related
QUESTION: May the records be used in
subsequent proceedings involving the child as an
adult?

Answer: No, except when beneficial for the

offender and upon his/her written consent. (Hence
the previous record cannot be used to prove
recidivism or habitual delinquency)

Non liability for Non-disclosure- A person who has

been in conflict with the law as a child shall not be
held under any provision of law, to be guilty of
perjury or of concealment or misrepresentation by
reason of his/her failure to acknowledge the case
or recite any fact related thereto in response to any
inquiry made to him/her for any purpose.
Providing for exemption from criminal liability
of children with respective to the following
crimes:
Status Offenses- Any conduct not considered an
offense or not penalized if committed by an adult shall
not be considered an offense and shall not be
punished if committed by a child.

Note: Status Offenses may thus be explained as:

Acts or omissions which are punished as offenses if
committed by a child but not if committed by an adult.
An example of a Status Offense would be
Violation of Curfew Hours

1. Vagrancy and Prostitution under Article

202 of the RPC

2. Mendicancy under PD. 1563 (i.e. the act

of begging)

3. Sniffing rugby under PD 1619.

SUMMARY:

We have discussed about:

Witness Protection, Security and Benefit Program.
Prosecutors Work hand in hand with Law Enforcement.
Special Committee for Protection of Children.
DOJ Media Guide
Rule on Inquest of Children in Conflict with the Law.