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HuUSE OF REPRESENTATIVES

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES 01 AUG 2016
Quezon City DATE:
TINE: ¥

SEVENTEENTH CONGRESS, by
First Regular Session |

House Bill No. 2218 ———

Introduced by Representative 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 person 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 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

GLORIA MACAPAGAL ARROYO
2” District, Pampanga



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill N&2 LO

Introduced by Representative 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 2016.”

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 this case.

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

(A) “Victims” 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 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;

(c) 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 department 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 victims has the following rights:

(A) The rights 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 court proceedings, a responsible official shall ensure that a
victim is provided a waiting area remove 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

(5) The acceptance of a plea of guilty of the rendering of verdict after trial.

(D) The right to be present at all public court proceeding 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 purpose


be maintained in good condition and returned to the victim as soon it is no
longer needed for evidentiary purpose.

(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 of 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 provision 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) newspaper of general
publication.

Approved,