I 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
I "., 2 
I 
I. 
ti L 
JI"* 
-$ : i 2  :4)3 
S E N A T E  
.
.
 . 
Introduced by SENATOR LUISA "LOI" P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Bill of Rights protects persons accused of a commission of a crime. Victims 
are not provided with the same safeguards to minimize damage or injury caused by the 
commission of 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. 
Approval of this bill is earnestly sought. 
- 
LUISA "LOI" \. EJERCITO ESTRADA 
Senator 
.. . 
, 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'li f"2'93 
i' 
S E N A T E  
Introduced by SENATOR LUISA "LQI" Po EJERCITQ ESTRADA 
AN ACT 
PROVIDING THE RIGHTS TO BE ACCORDED VICTMS OF CRIMES, DEFINING 
THE DUTIES OF RESPONSIBLE OFFICERS AND PROVIDING PENALTIES 
THEREFOR 
.
.
 ' 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
Section l.-Short Title. - This Act may be cited as, the "Magna Carta for Crime 
Victims", 
Sec. 2. DecZaration ofPoZicy. - 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 their case. 
Sec. 3. Definition of Terms. - As used in this Act: 
(a) 
The term %ctim" means a person who has suffered direct 
physical, emotional or pecuniary harm as the result of the 
commission of a crime, including: 
(6) 
in the case of a victim that is an institutional entity, an 
authorized representative of the entity; and 
(7) 
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) 
a legal guardian; 
(c) 
aparent; 
(6) 
achild; 
.
.
 


(e) 
a sibling; 
(0 another family member; or 
(8) 
another person designated by the court. 
The term "responsible official" means a person designated pursuant 
to Section 4 of this Act to perform the functions of a responsible 
official. 
(b) 
Sec. 4. Best Efforts tu Accord Rights. - Officers and employees of the 
Department of Justice and other departments and agencies of the government engaged in 
the detection, investigation or prosecution of crime shall exert their best efforts to ensure 
that victims of crimes are accorded the rights described in Section 5. 
Sec. 5. Rights of Crime Victims. - A crime victim has the follo.wing rights: . . 
(1) 
The right to be treated with fairness and with respect for the victims' 
dignity and privacy. In line with this, a responsible official shall - 
, 
inform the victim of the place where the victim may receive 
emergency medical and social services; 
inform the victim of any restitution or other relief to which the 
victim may be entitled under this Act or any other law and the 
manner in which such relief may be obtained; 
inform the victim of public and private programs available for the 
counseling, treatment, and other forms of support to the victim; 
and 
assist the victim in contacting the persons who are responsible for 
providing the services and reliefs described in sub-paragraphs (a), 
(b) and (c). 
(2) 
The right to be reasonably protected from the accused. In line with this, a 
responsible official shall make necessary arrangement 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 
removed from and out of the sight and hearing of the accused and his 
witnesses; 
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 
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 acceptance of a plea of guilty or the rendering of verdict after 
trial; 
.. . 
. 
tight 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. 
The right to confer with government prosecutor handling the case; 
The right to restitution. In line with this, a responsible official shall at all 
times 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. 
The right to information about the conviction, sentencing, imprisonment 
and release of the accused. In line with this, after trial, a responsible 
official shall provide the victim with the earIiest possible notice of- 
(a) 
(b) 
(c) 
the scheduling of parole hearing of the convict; 
the escape or any other form of release from custody of the convict; 
the death of the accused, if the accused dies while in custody; 


. . . 
I i  
.
.
 
the sentence imposed on the accused, including the date on which 
the accused will be eligible for parole; 
the release and detention status of the accused; and 
a general information regarding the corrections process, including 
information about pardon, commutation of service, good time 
allowances, probation and the eligibility for each. 
Sec. 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 be filed against the official. 
Sec. 7. Civil LiabiZity. - A responsible official found guilty of violating this Act 
shall also be civilly liable for any damage that may be suffered by the crime victim as a 
result of the official’s omission to perform duties required under Section 5 of this Act. 
Sec. 8. Separability Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
.. . 
. 
Sec. 9. Repealing CZause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
Sec. 10. Effectivity CZuuse. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,