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.