RIGHTS OF VICTIMS

WHAT IS VICTIM
RIGHTS?
Victims’ rights depend on the laws of
the jurisdiction where the crime is
investigated and prosecuted: state,
federal or tribal government, or military
installation.
 Below is a list of basic victims’ rights provided by law in most
jurisdictions.
THE PHILIPPINES HAS
▪ The right to be treated with dignity, respect, and sensitivity.
A VICTIM
COMPENSATION ▪ The right to be informed.
PROGRAM TO ▪ The right to protection.
PROVIDE FINANCIAL
COMPENSATION FOR ▪ The right to apply for compensation.
VICTIMS OF VIOLENT ▪ The right to restitution from the offender.
OR PERSONAL CRIME ▪ The right to prompt return of personal property.
AND UNJUST
IMPRISONMENT OR ▪ The right to a speedy trial.
DETENTION. ▪ The right to enforcement of victims’ rights.
▪
ELIGIBILITY REQUIREMENTS

▪ Report to police. Yes.

▪ Filing period. Within 6 months from when the victim suffered damage or
injury or within 6 months after the victim was released from imprisonment
or detention.
▪ Foreign citizen eligibility. Citizens of foreign countries are eligible to apply
for compensation.
CLAIMANTS

▪ Victims of the crime

▪ Dependents of homicide victims
▪ Victims who were unjustly imprisoned or detained
PROCEDURES

▪ A claimant can obtain an application from the Board of Claims through the
Secretariat of the Board of Claims, Department of Justice, Republic of the
Philippines. Victims should submit copies of all medical records from treating
hospitals and physicians with the application. The Board of Claims is required to
render a decision within 30 days.
BENEFITS AND AWARD LIMITS

▪ The maximum award to victims of crime or the dependents of homicide victims is

PHP10,000. The maximum award to victims of unjust imprisonment or detention is
PHP60,000.
Compensable Costs
Medical expenses
▪ Lost wages
▪ Lost support for dependents of homicide victims
▪ Funeral and burial expenses
▪ Emergency awards. The program does not offer emergency compensation awards;
however, the Board takes into account the urgent needs of applicants from depressed
areas by processing their claim more quickly than the allotted 30-day review.
▪ Funding sources. The program is funded by the government of the Philippines.
▪
 ▪ Access to justice and fair treatment

UNITED NATION ▪ Victims should be treated with compassion and respect for their
dignity. They are entitled to access to the mechanisms of justice
DECLARATION and to prompt redress, as provided for by national legislation, for
OF BASIC the harm that they have suffered.
PRINCIPLES OF ▪ Judicial and administrative mechanisms should be established and
strengthened where necessary to enable victims to obtain redress
JUSTICE FOR through formal or informal procedures that are expeditious, fair,
VICTIMS OF inexpensive and accessible. Victims should be informed of their
rights in seeking redress through such mechanisms.
CRIME AND
ABUSE OF
POWER
 ▪ Access to justice and fair treatment
▪ The responsiveness of judicial and administrative processes to
UNITED NATION the needs of victims should be facilitated by:
DECLARATION (a) Informing victims of their role and the scope, timing and progress of
the proceedings and of the disposition of their cases, especially where
OF BASIC serious crimes are involved and where they have requested such
information;
PRINCIPLES OF (b) Allowing the views and concerns of victims to be presented and
JUSTICE FOR considered at appropriate stages of the proceedings where their personal
interests are affected, without prejudice to the accused and consistent
VICTIMS OF with the relevant national criminal justice system;

CRIME AND (c) Providing proper assistance to victims throughout the legal process;

ABUSE OF (d) Taking measures to minimize inconvenience to victims, protect their

privacy, when necessary, and ensure their safety, as well as that of their
families and witnesses on their behalf, from intimidation and retaliation;
POWER
(e) Avoiding unnecessary delay in the disposition of cases and the
execution of orders or decrees granting awards to victims.
UNITED NATION
DECLARATION
OF BASIC ▪ Access to justice and fair treatment

PRINCIPLES OF ▪ Informal mechanisms for the resolution of disputes, including

mediation, arbitration and customary justice or indigenous
JUSTICE FOR practices, should be utilized where appropriate to facilitate
VICTIMS OF conciliation and redress for victims.
CRIME AND
ABUSE OF
POWER
RESTITUTION

▪ Offenders or third parties responsible for their behaviour should, where

appropriate, make fair restitution to victims, their families or dependants. Such
restitution should include the return of property or payment for the harm or loss
suffered, reimbursement of expenses incurred as a result of the victimization,
the provision of services and the restoration of rights.
▪ Governments should review their practices, regulations and laws to consider
restitution as an available sentencing option in criminal cases, in addition to other
criminal sanctions.
RESTITUTION

▪ In cases of substantial harm to the environment, restitution, if ordered, should

include, as far as possible, restoration of the environment, reconstruction of the
infrastructure, replacement of community facilities and reimbursement of the
expenses of relocation, whenever such harm results in the dislocation of a
community.
▪ Where public officials or other agents acting in an official or quasi-official capacity
have violated national criminal laws, the victims should receive restitution from
the State whose officials or agents were responsible for the harm inflicted. In
cases where the Government under whose authority the victimizing act or
omission occurred is no longer in existence, the State or Government successor in
title should provide restitution to the victims.
COMPENSATION

▪ When compensation is not fully available from the offender or other sources, States
should endeavour to provide financial compensation to:
▪
▪ (a) Victims who have sustained significant bodily injury or impairment of physical or
mental health as a result of serious crimes;
▪
▪ (b) The family, in particular dependants of persons who have died or become physically
or mentally incapacitated as a result of such victimization.
▪
▪ The establishment, strengthening and expansion of national funds for compensation to
victims should be encouraged. Where appropriate, other funds may also be established
for this purpose, including in those cases where the State of which the victim is a national
is not in a position to compensate the victim for the harm.
ASSISTANCE
▪ Victims should receive the necessary material, medical, psychological and social
assistance through governmental, voluntary, community-based and indigenous
means.
▪ Victims should be informed of the availability of health and social services and
other relevant assistance and be readily afforded access to them.
▪ Police, justice, health, social service and other personnel concerned should receive
training to sensitize them to the needs of victims, and guidelines to ensure proper
and prompt aid.
▪ In providing services and assistance to victims, attention should be given to those
who have special needs because of the nature of the harm inflicted or because of
factors such as those mentioned in paragraph 3 above.
ARTICLE III
BILL OF RIGHTS
 ▪ No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection
SECTION 1. of the laws.
▪
 ▪ . The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon
SECTION 2 probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to
be searched and the persons or things to be seized.
 ▪ (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public
SECTION 3. safety or order requires otherwise, as prescribed by law.
▪ (2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.
 ▪ Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of
SECTION 11. poverty.
▪
 ▪
▪ (1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be waived except in writing and in
the presence of counsel.
▪
▪ (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
SECTION 12. free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
▪
▪ (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
▪
▪ (4) The law shall provide for penal and civil sanctions for violations of this section as well
as compensation to and rehabilitation of victims of torture or similar practices, and their
families.
▪