REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No._7663

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Crime has a harmful impact on victims and the fabric of society. It threatens not only the life
of one individual, but the lives of countless others. Many a time, we have come across such
devastating news of victims of heinous crimes leaving behind grief-stricken families that will most
likely have to endure the languid justice system of our country.

In light of such problems and while necessary reforms to improve the Philippine criminal
jjustice system is yet to be fully implemented, it is important that the country’s criminal justice
system address these insufficiencies by considering and respecting the rights of Filipino victims of
crime. They and their families deserve to be treated with courtesy, compassion, and respect for their
dignity. The Government should stop overlooking the innocent victims of such crimes and the
physical, emotional, and financial injuries they suffered.

Under this Act, the State shall guarantee the protection of the rights of victims and
strengthen their role in the overall processes of the Philippine criminal justice system.

In view of the foregoing, approval of this measure is earnestly sought.
.
ARY &:. ALEJANO

Representative
Magdalo Parsa sa Pilipino Party-List


29

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 7663

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
PROVIDING FOR THE RECOGNITION OF THE RIGHTS OF VICTIMS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled,

SECTION 1. Short Title—This Act shall be known as the “Filipino Victims’ Bill of Rights
Act.”

SEC. 2. Declaration of Policy.—It is hereby declared the policy of the State to guarantee
the protection of the rights of victims in the interest of a more equitable administration of justice.
‘Toward this end, this Act shall establish the fundamental rights of Filipino victims in the overall
administration of justice in the Philippine criminal justice system.

SEC. 3. Definitions.—For the purposes of this Act:

Offense means an offense under the Revised Penal Code, the Juvenile Justice and
Welfare Act of 2006, or the Philippine Act on Crimes Against International Humanitarian
Law, Genocide, and Other Crimes Against Humanity and a designated offenses as provided
for in Article Il of the Comprehensive Dangerous Drugs Act of 2002.

Victim means an individual who has suffered physical or emotional harm, property
damage or economic loss as the result of the commission or alleged commission of an
offense.

SEC. 4. Acting on Victim’s Behalf.—Any of the following individuals may exercise a
victim’s rights under this Act if the victim is dead or incapable of acting on their own behalf:
a. the victim’s spouse or the individual who was at the time of the victim’s death
their spouse;


b. the individual who is or was at the time of the victim's death, cohabiting with
them in a conjugal relationship, having so cohabited for a period of at least one year;

c. arelative or dependent of the vi

d. an individual who has in law or fact custody, or is responsible for the care or
support, _of the victim;
support,

. an individual who has in law or fact custody, or is responsible for the care or
of a dependent of the victim;

SEC. 5. Exception.—An individual is not a victim in relation to an offense, or entitled to
exercise victim’s rights under this Act, if the individual is charged with the offense, found guilty of
the offense or found not criminally responsible on account of mental disorder or unfit to stand trial
in respect of the offense.

SEC. 6. Criminal Justice System.—For the purpose of this Act, the criminal justice system
consists of
a. the investigation and prosecution of offenses in the Philippines;
. the corrections process and the conditional release process in the Philippines; and
. the proceedings of courts and the Board of Pardons and Parole.

‘SEC. 7. Victim Rights. —
a. General Information—Every victim has the right, on request, to information
1. the criminal justice system and the role of victims in it;
2. the services and programs available to them as a victim, including
restorative justice programs; and
3. their right to file a complaint for an infringement or denial of any of their

rights under this Act.

b. Investigation and Proceedings—Every victim has the right, on request, to
information about:

1. the status and outcome of the investigation into the offense; and


2. the location of proceedings in relation to the offense, when they will take
place and their progress and outcome.

c. Information about offender or accused—Every victim has the right, on request,
to information about:

1. reviews under the Board of Pardons and Parole relating to the offender's
conditional release and the timing and conditions of that release; and
2. hearings held for the purpose of making dispositions, in relation to the
accused, if the accused is found not criminally responsible on account of
mental disorder or unfit to stand trial, and the dispositions made at those
hearings.

c. Security—Every victim has the right to have their security considered by the
appropriate authorities in the criminal justice system.
d. Protection from intimidation and retaliation—Every victim has the right to

have reasonable and necessary measures taken by the appropriate authorities in the criminal
{justice system to protect the victim from intimidation and retaliation.

¢. Privacy—Every victim has the right to have their privacy considered by the
appropriate authorities in the criminal justice system.

£. Identity protection—Every victim has the right to request that their identity be
protected if they are a complainant to the offense or a witness in proceedings relating to the
offense.

g. Testimonial Aids—Every victim has the right to request testimonial aids when
appearing as a witness in proceedings relating to the offense.

h. Views to be comsidered—Every victim has the right to convey their views about
decisions to be made by appropriate authorities in the criminal justice system that affect the
victim’s rights under this Act and to have those views considered.

i. Vietim impact statement—Every victim has the right to present a victim impact
statement to the appropriate authorities in the criminal justice system and to have it
considered.

_j. Restitution Order—Every victim has the right to have the court consider making
restitution order against the offender.

k. Emforcement—Every victim in whose favor a restitution order is has the right, if
they are not paid, to have the order entered as a civil court judgment that is enforceable

against the offender.


SEC. 8. General Provisions. —

1

2

3

4 a. Application—This Act applies in respect of a victim of an offense in their
5 interactions with the criminal justice system:

6 1. while the offense is investigated or prosecuted;

7 2. while the offender is subject to the corrections process or the conditional
8 release process in relation to the offense; and

9 3. while the accused is, in relation to the offense, under the jurisdiction of a
0 court or the Board of Pardons and Parole if they are found not criminally

ul responsible on account of mental disorder or unfit to stand trial.

13 b. Reporting of Offense—For the purpose of subsection (a), if an offense is reported
4 to the appropriate authorities in the criminal justice system, the investigation of the offense
15 is deemed to begin at the time of the reporting.

7 SEC. 9. Exercise of Rights. —
18

19 a. The rights of victims under this Act are to be exercised through the mechanisms
20 provided by law.

2 b. A victim is entitled to exercise their rights under this Act only if they are a Filipino
2 citizen or a permanent resident of the Philippines.

23

4 SEC. 10. Interpretation of this Act—This Act is to be construed and applied in a manner

25 that is reasonable in the circumstances, and in a manner that is not likely to
26

27 a. interfere with the proper administration of justice, including
28 1. by causing interference with police discretion or causing excessive delay
29° in, ‘or compromising or hindering, the investigation of any offense, and

30 2. by causing interference with prosecutorial discretion or causing excessive
31 delay in, or compromising or hindering, the prosecution of any offense;

32 b. interfere with judicial discretion;

33 cc. interfere with the discretion that may be exercised by any person or body
34 authorized to release an offender into the community;

35 d. endanger the life or safety of any individual; or


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¢. cause injury to international relations or national defense or national security.

‘SEC. 11. Interpretation of Other Acts, Regulations, etc.—To the extent it is possible to do
$0, all Philippine acts, statutes, orders, rule or regulation made under such an Act—before, on or
after the day on which this Act comes into force must be construed and applied in a manner that is
‘compatible with the rights under this Act.

SEC. 12. Primacy in event of inconsistency.—If, after the application of sections 10 and
11, there is an inconsistency between any provision of this Act and any provision of any Act, order,
rule or regulation referred to in section 11, the provision of this Act prevails to the extent of

SEC. 13. No adverse inference.—No adverse inference is to be drawn against a person who
is charged with an offense from the fact that and individual has been identified as a victim in
relation to the offense.

SEC. 14. Entering or remaining in the Philippines. —Nothing in this Act is to be construed
0 as to permit any individual to:

1. enter the Philippines or to remain in the Philippines beyond the end of period for
which they are authorized to so remain;
. delay any removal proceedings or prevent the enforcement of any removal order:

¢. delay any extradition proceedings or prevent the extradition of any person to or
from the Philippines.

SEC. 15. Remedies.—

a. Complaint to goverament entity—Every victim who is of the opinion that any of

their rights under this Act have been infringed or denied by a government department,

‘agency ‘or body has the right to file a complaint in accordance with its complaints
mechanism.

b. Complaint to authority—Every victim who has exhausted their recourse under

the complaints mechanism and who is not satisfied with the response of the government


department, agency, or body may file a complaint with any authority that has jurisdiction to
review complaints in relation to that department, agency or body.

c. Complaints mechanism—Every government department, agency or body that is
involved in the criminal justice system must have a complaints mechanism that provides for:

1. a review of complaints involving alleged infringements or denials of rights
under this Act;

2. the power to make recommendations to remedy such infringements and
denials; and

. the obligation to notify victims of the result of those reviews and of the
recommendations, if any were made.

SEC. 16. Status.—Nothing in this Act is to be construed as granting to, or removing from,
any victim or any individual acting on behalf of a victim the status of party, intervenor or observer
in any proceedings.

SEC. 17. No cause of action—No cause of action or right to damages arises from an
infringement or denial of a right under this Act.

SEC. 18. No appeal—No appeal lies from any decision or order solely on the grounds that
a right under this Act has been infringed or denied.

SEC. 19. Implementing Rules and Regulations—Within six (6) months from the date of
effectivity of this Act, the Department of Justice shall formulate the necessary rules and regulations
for the implementation of the provisions of this Act.

SEC. 20. Separability Clause.—If any section or provision of this Act shall be held
unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain

valid.

SEC. 21. Effectivity—This Act shall take effect fifteen (15) days following its publication
iin at least two (2) newspapers of general circulation.

Approved,