, 
, 
SENAF::' 
GI'F'lOE 0;: ;;" .. :;I'CH"TA":V 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No: 
2201 
(t . 
fU;'~EMm 'v ; -'t"'" 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Bill of Rights protects persons accused of the commission of a crime. Victims are not 
provided with the same safeguards to minimize damage or injury caused by the commission ofthe 
crimes. These victims usually suffer physical and psychological trauma. Hence, they should be 
treated with respect, compassion, and dignity throughout the criminal justice process. 
This bill implements the constitutional mandate that: "The State values the dignity of every 
human person and guarantees full respect for human rights." It codifies certain rights of crime 
victims, prescribes the duties of responsible officers and provides penalties for violations of its 
.. 
* 
provIsions. 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 
I 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
19 
All; -2 A9 :23 
SENATE 
S. No: 
2201 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
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PROVIDING THE RIGHTS TO BE ACCORDED VICTIMS OF CRIMES, DEFINING THE 
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DUTIES OF RESPONSIBLE OFFICERS AND PROVIDING PENALTIES THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act may be cited as the "Magna Carta for Crime Victims." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to provide protection and 
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assistance to victims of crime and ensure that no further harm and damage is inflicted on them 
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during the entire prosecution of his case. 
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SECTION 3. Definition of Terms. -As used in this Act, the term: 
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(A) 
"Victim" means a person who has suffered direct physical, emotional, or pecuniary 
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harm as a result of the commission of a crime, including: 
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(1) 
In the case of the victim that is an institutional entity, an authorized 
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representative of the entity; and 
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(2) 
In the case of a victim who is under 18 years of age, incompetent, 
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incapacitated, or deceased, one of the following (in order of preference): 
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(a) Spouse; 
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(b) Legal guardian; 
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(c) Parent; 
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(d) A child; 
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(e) A sibling; 
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(f) Another family member; or 
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(g) Another person designated by the court. 
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(B) 
"Responsible official" means a person designated pursuant to Section 4 of this Act 
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performs the functions of a responsible official. 
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SECTION 4. Best Efforts to Accord Rights. - Officers and employees of the Department of 
, 
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Justice and other departments and agencies of the government engaged in the detention, 
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investigation, or prosecution of crime shall exert their best efforts to ensure that victims of crimes 
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are accorded the rights described in Section 5. 
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SECTION 5. Rights of crime Victims. -A crime victim has the following rights: 
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(A) 
The right to be treated with respect for the victims' dignity and privacy. In line with 
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this, a responsible official shall -
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(1) 
Inform the victim of the place where the victim may receive emergency 
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medical and social services; 
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(2) 
Inform the victim of any restitution or other relief to which the victim may 
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be entitled under this or any other law and the manner in which such relief 
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may be obtained; 
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(3) 
Inform the victim of private and public programs available for the 
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counseling, treatment, and other forms of support to the victim; and 
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(4) 
Assist the victim in contacting the persons who are responsible for providing 
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the services and reliefs described in subparagraphs (1), (2), and (3) 
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(B) 
The right to be reasonably protected from the accused. In line with this, a 
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responsible official shall arrange for a victim to receive reasonable protection from 
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the accused and persons acting in concert with or at the behest of the accused. 
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During the court proceedings, a responsible official shall ensure that a victim is 
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provided a waiting area removed from and out of sight and hearing of the accused 
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and his witnesses. 
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• 
(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) 
(2) 
(3) 
(4) 
(5) 
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; 
The arrest of the accused; 
The filing of charges against the accused; 
The scheduling of each court proceeding that the witness is either required 
to attend or is entitled to attend; and 
The acceptarice of a plea of guilty or the rendering of verdict after trial. 
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(D) 
The right to be present at all public court proceedings related to the offense, unless 
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(E) 
(F) 
the court determines that testimony by the victim would be materially affected ifthe 
victim heard other testimony at trial. 
The right to confer with the attorney for the government in the case. 
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. 
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(G) 
The right to information about the conviction, sentencing, imprisonment, and 
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release of the accused. In line with this, after trial, responsible official shall provide 
, the victim with the earliest possible notice of: 
(1) 
(2) 
(3) 
(4) 
(5) 
The scheduling of parole hearing of the convict; 
The escape or any other form of release of the convict from custody; 
The death ofthe accused, if the accused dies while in custody; 
The sentence imposed on the accused, including the date when the accused 
will be eligible for parole; 
The release and detention status of the accused; and 
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• 
1 
(6) 
General information regarding the correction process, including information 
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about pardon, commutation of service, good time allowances, probation, and 
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the eligibility for each. 
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SECTION 6. Penal Liability. - Any responsible official, as defined in Section 4 of this Act, 
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who fails, either willfully or negligently, and regardless of good faith, to perform the duties 
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imposed by Section 5 of this Act, shall be penalized with not less than six (6) months 
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imprisonment and not more that one (1) year imprisonment. This is without prejudice to any 
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administrative case which may be filed against the official. 
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SECTION 7. Civil Liabiliby. - A responsible official found guilty of violating this Act shall 
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also be civilly liable for any damage that may be suffered by the same victim as a result of the 
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official's omission to perform duties required under Section 5 of this Act. 
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SECTION 8. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive order, 
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letter of instruction, administrative order, rule or regulation contrary to or is inconsistent with the 
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provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general publication. 
Approved, 
5