SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 9 8 5 
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INTRODUCED BY SEN. JINGGOY 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. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 985 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING THE 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 may be cited as the "Magna Carta for 
Crime Victims". 
SEC. 2. Declaration of Policy. - It is the policy of the State to provide 
protection and assistance to victims of orime 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 Aot: 
a) The term "victim" means a person who has suffered direct physical, 
emotional or pecuniary harm as the result of the oommission of a crime, 
in<~luding: 
1) in the case of a 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) a legal guardian; 
(c) a parent; 
(d) a child; 
(e) a sibling; 
(f) another family member; or 
(g) another person designated by the court 
b) The term "responsible official" means a person deSignated pursuant to 
Seotion 4 of this Act to perform the funotions of a responsible official. 


SEC. 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 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 following 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 -
(a) inform the victim of the place where the victim may receive 
emergency medical and social services; 
(b) 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; 
(c) inform the victim of public and private programs available for the 
counseling, treatment, and other forms of support to the victim; and 
(d) assist the victim in contacting the persons who are responsible 
for providing the services and relief 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; 
(3) 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-
(a) 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; 
(b) the arrest of the accused; 
(c) the filing of charges against the accused; 
(d) the scheduling of each court proceeding that the witness is 
either 
(e) the acceptance of a plea of guilty or the rendering of verdict 
after required to attend or is entitled to attend; and trial; 
(4) 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. 


(5) The right to confer with government prosecutor handling the case; 
(6) 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. 
(7) 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 earliest possible notice of-
(a) the scheduling of parole hearing of the convict; 
(b) the escape or any other form of release from custody of the 
convict; 
(c) the death ofthe accused, If the accused dies while in custody; 
(d) the sentence imposed on the accused, including the date on 
which the accused will be eligible for parole; 
(e) the release and detention status of the accused; and 
(f) 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 Liability. - 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 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. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved,