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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
First Regular Session 
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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 safegnards to minimize damage or injury caused 
by the commission of the 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. 
MIRIAM DEFENSOR SANTIAGO 


"
I
 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
'OR 
JlJL 14 ? 3 2 2  
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING THE RIGHTS TO BE ACCORDED VICTIMS 
OF CRIMES, DEFINING THE DUTES OF RESPONSIBLE OFFICERS 
AND PROVIDING PENALTIES THEREFOR 
Be it enacted by the Senate and the House of Representatives in Congress 
assembled 
SECTION 1. Short Title. - This Act may be cited as the "Magna Carta for Crime 
Victims" 
SECTION 2. Declaration off'olicy. - 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 ofTerms. - As used in this Act: 
(A) The term "victim" means a person who has suffered direct physical, 
emotional, or pecuniary harm as a result of the commission of a crime, including: 
(i) 
in the case of the victim that is an institutional entity, an authorized 
representative of the entity; and 
in the case of a victim who is under 18 years of age, incompetent, 
(ii) 
incapacitated, or deceased, one of the follovving (in order of preference): 
(a) spouse; 
(b) legal guardian; 
(c) parent; 
(d) a child 


(e) a sibling 
(0 another family member; or 
(g) another person designated by the court. 
(B) The term “responsible official” means a person designated pursuant to 
Section 4 ofthis Act t perform the functions of a responsible official. 
SECTION 4. Best Efforts to Accovd 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 OfCvime Victims. - A crime victim has the following rights: 
(A) The right to be treated with respect for the victims’ dignity and privacy. 
In liue with this, a responsible official shall - 
(i) inform the victim of the place where the victim may receive emergency 
medical and social services; 
(ii) 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; 
inform the victim of private and public programs available for the 
counseling, treatment, and other forms of support to the victim; and 
(iv) assist the victim in contacting the persons who are responsible for 
providing the services and reliefs described in subparagraphs (I), (2), 
(iii) 
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: 
(i) 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; 
(ii) the arrest of the accused; 
(iii) the filing of charges against the accused; 
(iv) the scheduling of each court proceeding that the witness is either required 
to attend or is entitled to attend; and 
a. 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 
(i) 
the scheduling of parole hearing of the convict; 
(ii) the escape or any other form of release of the convict from custody; 
(iii) the death of the accused, if the accused dies while in custody; 
(iv) 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 
.(v) 


(vi) a general information regarding the correction process, iiiciudiiig 
information about pardon, commutation of service, good time 
allowances, .probation, and the eligibility for each. 
SECTION 6. PenaZ 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 that 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 uuder 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 at least two (2) newspapers of general publication. 
Approved. 
FN 316