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SUBJECT: DOJ PROTECTION PROGRAMS AND SALIENT ISSUANCES

AND FILING OF CRIMINAL COMPLAINT


INSTRUCTOR: SACP MARK ANTHONY M NUGUIT
DATE: 02 OCTOBER 2023

INDIVIDUAL SUMMARY REPORT


SACP Mark Anthony Nuguit lectured about the DOJ Protection Programs and
Salient Issuances. The lesson aims to provide us knowledge and awareness on the
Witness and Children Protection Programs and salient issuances of the Department of
Justice. Republic Act No. 6981, otherwise known as the Witness Protection, Security and
Benefit Act, seeks to encourage a witness a person who has knowledge of the
commission of a crime to testify before a competent court or a quasi-judicial body, or an
investigating authority, by protecting such witness from reprisals and economic
dislocation. Any person who participated in the commission of a crime and desired to be
a witness for the state, provided that he is not the guiltiest person; and an accused who
was discharged from information or criminal complaint may be placed under Witness
Protection Program. A person under Witness Protection Program may be disqualified if
the offense is not a grave felony; or his testimony cannot be substantially corroborated in
the material points; or he or any member of his family within second degree has not been
threatened; or if the applicant is a law enforcement officer who will testify against other
law enforcement officers. SACP Nuguit discussed the rights and benefits of a witness
under Witness Protection Program. Such rights and benefits are enumerated under
Section 8 of Republic Act No. 6981. A witness under Witness Protection Program may be
discharged from the program if such witness has already completed his witness duty; or
failed to testify; or no longer regarded as a necessary witness; or the danger subsided.
Our esteemed instructor then discussed Executive Order No. 53, series of 2011
(Strengthening the Committee for the Special Protection of Children, Amending for this
purpose Executive Order No. 275 (s. 1995)). Committee for the Special Protection of
Children is an interagency body which acts as the coordinating body for the
implementation of Republic Act No. 7610. SACP Nuguit enumerated several related laws
in relation to Committee for the Special Protection of Children and the government
agencies composed of Committee for the Special Protection of Children. The function of
Committee for the Special Protection of Children is to assess, monitor, and implement the
State’s Policy to defend the right of the children to assistance, health and proper nutrition
as well as special protection from all forms of neglect, abuse, cruelty, exploitation and
discrimination, and other conditions prejudicial to children’s development. SACP Nuguit
thoroughly discussed the roles of Committee for the Special Protection of Children.
For Salient Issuances of the Department of Justice, SACP Nuguit extensively
discussed DOJ Circular No. 70, or the Rules on Appeal, DOJ Circular No. 04, or the
Coordination and Cooperation between Prosecutors and Local Enforcement Agencies in
cases of Political and Media Violence; and DOJ Department Circular No. 020, or the
Policy on Pro-active Involvement of Prosecutors in Case Build-up.
For our afternoon class, SACP Nuguit discussed the process of Filing of Criminal
Complaint. The lesson aims to provide us an understanding about the basic principles
and procedures on filing of criminal complaints. Before going straight to the lecture proper,
our instructor discussed first the definition of terms for better understanding of our lesson.
He then discussed the formal requisites of a complaint or an information. A complaint or
an information shall be in the form of writing, in the name of the People of the Philippines
against all persons who appear to be responsible for the criminal offense involved. A
complaint or an information is considered sufficient if it alleged the name of the accused,
the designation of the crime provided by our penal laws; and the acts or omissions
committed. Other rules to be considered with respect to the sufficiency of complaint or
information is also thoroughly discussed. The rules to be considered in the institution of
criminal actions, its effect, and the place where the criminal action should be instituted
are also extensively lectured by our distinguished instructor.
As a general rule, all criminal actions commenced by a complaint, or an information
shall be prosecuted under the direction and control of the prosecutor. However, in the
event of the absence or lack of public prosecutor, a private prosecutor may be authorized
in writing by the Chief of the Prosecution Office or the Regional State Prosecution, subject
to the approval of the court.
Preliminary investigation is thoroughly lectured herein. Preliminary investigation is
an inquiry made to determine if there is sufficient ground to engender a well-founded
belief that a crime has been committed and the respondent is probably guilty thereof. The
procedure in the conduct of preliminary investigation is discussed by our instructor.
An inquest proceeding is a summary inquiry conducted by a prosecutor for the
purpose of determining the validity of the warrantless arrest of a person based on
probable cause.

NAME: TROI BULALACAO, GIELDAN G.


CLASS: CIC CL 976-2023

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