Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No,_3036

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO.

AN ACT
PROVIDING RIGHTS TO BE ACCORDED VICTIMS OF CRIMES, DEFINING THE
DUTIES OF RESPONSIBLE OFFICERS AND PROVIDING PENALTIES THEREFOR

EXPLANATORY NOTE

The 1987 Constitution expressly provides that “The State values the dignity of
every human person and guarantees full respect for human rights." The existence of
the Bill of Rights guarantees this and protects persons accused of an alleged crime.

But crime victims, on the other hand, are not provided with the same safeguards
so that damage and injury is minimized. Most of the time, these victims suffer physical
and psychological trauma. They should be treated with respect, compassion, and
dignity throughout the criminal justice process.

This humble proposal seeks to codify certain rights of crime victims, prescribes
the duties of responsible officers and provides penalties for violations of its provisions
as protection to those most severely affected by crime, the helpless victim

In view of the foregoing, immediate passage of this bill into law is earnestly
requested.

roamed SAL ARROYO GLORJA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BillNo.__ 3036

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROVIDING RIGHTS TO BE ACCORDED VICTIMS OF CRIMES, DEFINING THE
DUTIES OF RESPONSIBLE OFFICERS AND PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be called the "Magna Carta for Crime
Victims Act of 2013.”

SECTION 2. Declaration of Policy. — It is the policy of the State to provide
protection and assistance to victims of crime and ensure that no further harm and
damage is inflicted on them during the entire prosecution of his case.

SECTION 3. Definition of Terms. — As used in this Act, the term:

(A) "Victim" means a person who has suffered direct physical, emotional, or
pecuniary harm as a result of the commission of a crime, including

(1) In the case of the victim that is an institutional entity, an authorized
representative of the entity; and

(2) In the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, one of the following (in order of preference)

(a) Spouse;


(b) Legal guardian;

(0) Parent;

(d) A child;

(e) A sibling;

(f) Another family member; or

(g) Another person designated by the court

(B) "Responsible official" means a person designated pursuant to Section of this
Act performs the functions of a responsible official.

SECTION 4. Best Efforts to Accord Rights. - Officers and employees of the
Department of Justice and other departments and agencies of the government engaged
in the detention, investigation, or prosecution of crime shall exert their best efforts to
ensure that victims of crimes are accorded the rights described in Section 5.

SECTION 5. Rights of Crime Victims. — A crime victim has the following rights:

(A) The right to be treated with respect for the victims’ dignity and privacy. In line
with this, a responsible official shall -

(1) Inform the victim of the place where the victim may receive emergency
medical and social services;

(2) Inform the victim of any restitution or other relief to which the victim
may be entitled under this or any other law and the manner in which such
relief may be obtained;

(3) Inform the victim of private and public programs available for the
counseling, treatment, and other forms of support to the victim; and

(4) Assist the victim in contacting the persons who are responsible for
providing the services and reliefs described in subparagraphs (1), (2), and

(3)

(B) The right to be reasonably protected from the accused. In line with this, a
responsible official shall arrange for a victim to receive reasonable protection
from the accused and persons acting in concert with or at the behest of the
accused. During the court proceedings, a responsible official shall ensure that a
victim is provided a waiting area removed from and out of sight and hearing of
the accused and his witnesses.


(C) The right to be notified of the status of the investigation and prosecution of
the crime. During the investigation and prosecution of a crime, a responsible
official shall provide the victim the earliest possible notice of
(1) The status of the investigation of the crime to the extent it is
appropriate to inform the victim and to the extent that it will not interfere
with the investigation;
(2) The arrest of the accused;
(3) The filing of charges against the accused;

(4) The scheduling of each court proceeding that the witness is either
required to attend or is entitled to attend; and

(6) The acceptance of a plea of guilty or the rendering of verdict after trial
(D) The right to be present at all public court proceedings related to the offense,
unless the court determines that testimony by the victim would be materially
affected if the victim heard other testimony at trial
(E) The right to confer with the attorney for the government in the case.
(F) The right to restitution. In line with this, at all times, a responsible official shall
ensure that any property of a victim that is being held for evidentiary purposes be
maintained in good condition and returned to the victim as soon as it is no longer
needed for evidentiary purposes.
(G) The right to information about the conviction, sentencing, imprisonment, and
release of the accused. In line with this, after trial, responsible official shall
provide the victim with the earliest possible notice of:

(1) The scheduling of parole hearing of the convict;

(2) The escape or any other form of release of the convict from custody;

(3) The death of the accused, if the accused dies while in custody;

(4) The sentence imposed on the accused, including the date when the
accused will be eligible for parole;

(5) The release and detention status of the accused; and


(6) General information regarding the correction process, including
information about pardon, commutation of service, good time allowances,
probation, and the eligibility for each.

SECTION 6. Penal Liability. — Any responsible official, as defined in Section 4 of
this Act, who fails, either willfully or negligently, and regardless of good faith, to perform
the duties imposed by Section 5 of this Act, shall be penalized with not less than six (6)
months imprisonment and not more than one (1) year imprisonment. This is without
prejudice to any administrative case which may be filed against the official

SECTION 7. Civil Liability. - A responsible official found guilty of violating this Act
shall also be civilly liable for any damage that may be suffered by the same victim as a
result of the official's omission to perform duties required under Section 5 of this Act.

SECTION 8. Separability Clause. — If any provision or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 9. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to
or is inconsistent with the provisions of this Act is hereby repealed, modified, or
amended accordingly.

SECTION 10. Effectivity Clause. — This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in at least two (2) newspapers of general
publication

Approved,