CHAPTER 7

Government Programs for the Welfare of the Victims

A. Victims Compensation Program (Department of Justice)

 What is the law creating the Board of Claims?

Republic Act No. 7309 is the law creating the Board of Claims under the Department of
Justice granting compensation for victims of unjust imprisonment or detention and
victims of violent crimes.
 What is the rationale for the enactment of the law?
One of the more vexing problems in the area of justice and human rights is the
implementation of the constitutional provision against the deprivation of life, liberty and
property without due process of law. Persons have been accused and imprisoned for
crimes they did not commit, only to be subsequently acquitted. Government and society
have become notably indifferent to victims of crimes and criminals. A judicial way of
filing a claim for compensation may be too long. Congress opted for an administrative
procedure of filing the claims by creating the Board of Claims.
 Who may apply for compensation?
1. A person who was unjustly accused convicted and imprisoned and
subsequently released by virtue of a judgment of acquittal;
2. A person who was unjustly detained and released without being charged;

3. A person who is a victim of arbitrary detention by the authorities as

defined in the Revised Penal Code under a final judgment of the court;
or
4. A person who is a victim of a violent crime which includes rape and
offenses committed with malice which resulted in death or serious
physical and/or psychological injuries, permanent incapacity or
disability, insanity, abortion, serious trauma, or committed with
torture, cruelty or barbarity.
 When should a claim be filed?
The claim should be filed with the Board by the person entitled to compensation under
this Act within six (6) months after being released from imprisonment or detention or
from the date he suffered damage or injury; otherwise he is deemed to have waived his
claim.
 How is a claim filed?
A claimant may file a claim with the board by filling up an application form provided for
the purpose with the Secretariat of the Board of Claims, Department of Justice, Padre
Faura Street, Ermita, Manila. Thereafter, he will be interviewed and he will be duly
notified of the action taken by the Board.
  How much is given to a qualified applicant?
For the victims of unjust imprisonment, the compensation shall be based on the
number of months of imprisonment and every fraction thereof shall be considered one
month, but in no case shall such compensation exceed ONE THOUSAND PESOS
(P1,000.00) per month.
In all other cases the maximum for which the Board may approved a claim shall not exceed
TEN THOUSAND PESOS (P10,000.00) or the amount necessary to reimburse the claimant
the expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or
other expenses directly related to the injury, whichever is lower to be determined by the
Board.

 When is the effective date of R.A. 7309 for the purpose of

processing of applications for payment of claims?
Sec. 12 of R.A. No. 7309 provides:

"This Act shall take effect after its publication in two (2) newspapers of general circulation."

R. A. No. 7309 was published on 13 April 1992 in the Philippine Star and
Philippine Daily Inquirer, hence, the effectivity day of R.A. No. 7309 is 14 April
1992. The provisions of the Act shall be applied prospectively. All incidents or
bases for filing an application under Sec. 3 of R.A. 7309 must have happened on
or after 14 April 1992 and within the period provided for in No. 4, to be covered
by the law.
 May the decision of the Board of Claims be appealed?
Yes, Section 8 provides that: "Any aggrieved claimant may appeal, within fifteen (15)
days from receipt of the resolution of the Board, to the Secretary of Justice whose
decision shall be final and executory."
B. Rape Victim Assistance and Protection

 Republic Act 8505: Rape Victim Assistance and Protection Act of 1998

 Rape Crisis Center.— The Department of Social Welfare and

Development (DSWD), the Department of Health (DOH), the
Department of the Interior and Local Government (DILG), the
Department of Justice (DOJ), and a lead non-government organization
(NGO) with proven track record or experience in handling sexual abuse
cases, shall establish in every province and city a rape crisis center
located in a government hospital or health clinic or in any other suitable
place for the purpose of:
 (a) Providing rape victims with psychological counselling,
medical and health services, including their medico-legal
examination;
(b) Securing free legal assistance or service, when necessary,
for rape victims;
 (c) Assisting rape victims in the investigation to hasten the
arrest of offenders and the filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services
whenever necessary for the family of rape victims;
(f) Developing and undertaking a training program for law
enforcement officers, public prosecutors, lawyers, medico-
legal officers, social workers, and barangay officials on
human rights and responsibilities; gender sensitivity and
legal management of rape cases; and
(g) Adopting and implementing programs for the recovery
of rape victims.
The DSWD shall be the lead agency in the establishment and operation of the
Rape Crisis Center
 Duty of the Police Officer.— Upon receipt by the police of the
complaint for rape, it shall be the duty of the police officer to:

(a) Immediately refer the case to the prosecutor for inquest/investigation if the
accused is detained; otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and

(c) Immediately make a report on the action taken.

 It shall be the duty of the police officer or the examining physician, who
must be of the same gender as the offended party, to ensure that only
persons expressly authorized by the offended party shall be allowed inside
the room where the investigation or medical or physical examination is
being conducted.

 A women’s desk must be established in every police precinct throughout

the country to provide a police woman to conduct investigation of
complaints of women rape victims. In the same manner, the preliminary
investigation proper or inquest of women rape victims must be assigned to
female prosecutor or prosecutors after the police shall have endorsed all
the pertinent papers thereof to the same office.
 Protective measures. At any stage of the investigation, prosecution and
trial of a complaint for rape, the police officer, the prosecutor, the court
and its officers, as well as the parties to the complaint shall recognize the
right to privacy of the offended party and the accused. Towards this end,
the police officer, prosecutor, or the court to whom the complaint has been
referred may, whenever necessary to ensure fair and impartial
proceedings, and after considering all circumstances for the best interest of
 the parties, order a closed-door
and that the name and personal
and/or the accused, or any other
identities, and such circumstances
NOT be disclosed to the public.
investigation, prosecution or trial
circumstances of the offended party
information tending to establish their
or information on the complaint shall

The investigating officer or prosecutor shall inform the parties that the
proceedings can be conducted in a language or dialect known or familiar to
them.

 Rape shield. — In prosecutions for rape, evidence of complainant’s

past sexual conduct, opinion thereof or of his/her reputation
shall not be admitted unless, and only to the extent that the court
finds, that such evidence is material and relevant to the case.
C. Child Protection Program

Executive Order No. 53

Strengthening the Committee for the Special Protection of Children, Amending for this
Purpose Executive Order No. 275 (s.1995)

Role of the CSPC

The CSPC is hereby strengthened and reorganized to effectively function as the body
principally responsible for coordinating and monitoring the investigation and prosecution
of cases involving violations of R.A. No. 7610 and other child-related criminal laws.

Vision

All children in the Philippines and Filipino children elsewhere are protected from all
forms of violence, abuse, exploitation and discrimination.

Mission Statement

Guided by the principles of non-discrimination, best interest of the child, respect for the
views of the child, and the right of the child to life, as well as Article 19 of the CRC, as
codified under RA 7610, the SCPC shall ensure that all children in the Philippines are
provided legal protection, within a child sensitive justice system.

Who is considered a child under R.A. No. 7610?

A child one who is below 18 years of age or one who is over 18 years of age but who
cannot take care of himself fully because of a physical or mental disability or
condition.

What is child abuse?

It is any act which inflicts physical or psychological injury, cruelty to or the neglect,
sexual abuse of or which exploits a child.

What is cruelty?

It is any word or action which debases, degrades or demeans the dignity of a child as a
human being.
Is discipline administered by a parent or legal guardian on a child
considered cruelty?

No, if it is reasonably administered and moderate in degree and does not cause
physical or psychological injury.
What physical injury is considered as child abuse?

One that causes severe injury or serious bodily harm to child, such as lacerations,
fractured bones, burns or internal injuries.
What psychological injury is considered as child abuse?

One that harms a child's psychological or intellectual functions. This may be exhibited by
severe anxiety, depression, withdrawal or outward aggressive behavior or a combination
of said behaviors.
What is child neglect?

It is failure of a parent or legal guardian to provide, for reasons other than poverty,
adequate food, clothing, shelter, basic education or medical care so as to seriously
endanger the physical, mental, social and emotional growth and development of the
child.
What is child sexual abuse?

It is the employment, use, persuasion, inducement, enticement or coercion of child to

engage in, or assist another person to engage in sexual intercourse or lasciviousness
conduct or the molestation or prostitution of, or the commission of incestuous acts, on,
a child.
What is child exploitation?

It is hiring, employment, persuasion, inducement, or coercion of child to perform in

obscene exhibitions and incident shows, whether live, on video or film, or to pose or
act as a model in obsence or pornographic materials, or to sell or distribute said
materials.
Where can one report child abuse cases?

 Department of Social Welfare & Development or to the Child Health and

Intervention and Protective Service (CHIPS) Tel. No. 734-4216
 Anti-Child Abuse, Discrimination, Exploitation Division (ACADED) National
Bureau of Investigation Tel. Nos. 525-6028/525-8231 loc. 403 & 444
 Commission on Human Rights Child Rights Center Tel. No. 927-4033 (Mon-Fri
during office hours)
 Philippine National Police Operation Center Tel. Nos. 712-8613/722-0540 & 724
8749 or nearest police station
 DOJ Task Force on Child Protection, Tel. Nos. 523-8481 to 89 or contact the
nearest Provincial, City or Regional Prosecutor
 Local Barangay Council for the Protection of Children

Who are required by law to report child abuse cases?

The following must report child abuse case:

1. The head of a public or private hospital, medical clinic or similar institution, as

well as the physician and nurse who attended to the needs of the abused child.
2. Teachers and administrators of public schools

3. Parole and probation officers

4. Government lawyer

5. Law enforcement officers

6. Barangay officials

7. Correction officers such as jail guards

8. Other government officials and employees whose work involves dealing with children
Can then persons named above be charged criminally if they do not report a
child abuse case?

Yes.
Who can file a complaint for child abuse?

The child victim

1. The parent or legal guardian of the victim

2. The grandparent, or relative of the child victim up to a first cousin

3. The Barangay Chairman

 4. One of a group of 3 or more persons who have personal knowledge of the abuse.
Where should a complaint for child abuse be filed?

Your compliant should be filed with the Department of Social Welfare and Development
or with the police or other law enforcement agency.
Protecting Filipino Children From Abuse, Exploitation and Violence
MAJOR STRATEGIES AND CORE INTERVENTIONS (Comprehensive Programme on
Child Protection, 2006-2010 Building a Protective and Caring Environment for Filipino
Children)
A. Preventive Actions and Early Interventions

1. Sensitizing families, communities and LGUs

2. Facilitating effective access of children at risk to relevant

early and basic education and vocational training
3. Equipping children with knowledge and skills to protect themselves

4. Promoting responsible and effective parenting education for families

5. Supporting livelihood activities and facilitating access to

credit and employment opportunities
6. Organizing, activating and strengthening local councils
for the protection of children
B. Rescue, Recovery, Healing and Reintegration

1. Strengthening monitoring and rescue mechanisms

2. Improved psychosocial recovery and healing services
and reintegration of children into their families and
communities

3. Promoting alternative family care for children deprived of a

family environment
4. Family and community empowerment to facilitate
psychosocial recovery, healing and social reintegration
5. Upgrading technical competencies of program managers,
supervisors, social workers, and other service providers in
helping children
C. Legal and Judicial Protection Measures

1. The review, reform and enactment of laws making them

consistent with the principles, provisions and standards of the
 Convention on the Rights of the Child and other UN standards
on juvenile justice have gained headway with the passage of
Republic Act 9344 or the “Juvenile Justice and Welfare Act” in
April 2006.
2. Specialized and integrated training program for the pillars of
the justice system have been conducted under the auspices of
the Philippine Judicial Academy (PJA) of the Supreme Court,
the Institute of Judicial Administration (IJA) of the University
of the Philippines (UP), the Department of Justice (DOJ), the
National Bureau of Investigation (NBI), the Philippine National
Police (PNP), the Department of Interior and Local
Government (DILG), the Department of Labor and
Employment (DOLE), the Commission on Human Rights (CHR),
and law schools such as the Ateneo and UP, with the support
of NGOs such as the Child Protection Unit (CPU) of the
Philippine General Hospital (PGH), among others.