C H A P T E R I I I

G O V E R N M E N TA L P R O G R A M S
FOR THE VICTIMS
CA NIL LO, CAT HE RINE B
PA S A GUE , B E NS UO D
M A C APA N G C AT, Z O B A E R
D U LT R A , A S I E

2023/06/22
LEARNING OBJECTIVES

At the end of the chapter students will be able to:

Enlighten on the concept of victims’

01
compensation program

Gain wisdom on the importance of

02
Protection of Victims’ and Witnesses.

Understand and comprehend the

03 significance of the Restrorative
Justice.
 VI CTI MS
COMPE NS ATION
Part 01
PROGRAM
W H AT I S T H E L AW C R E AT I N G T H E B O A R D O F
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 amd property without due
process of law.

• Persons have been accused and imprison for crimes they did not
commit, only to be subsequently acquitted.

• 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 release 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.

4. A person who is a victim of a violent crime.

 WHEN SHOULD A CLAIM BE FILED?

• The claim should be filed with a 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.
 HOW IS A CLAIM FILED?

• A claimant may file a claim with the board by filing up an

application form provided for the purpose with the
Secretariat of the Board of Claims, Department of Justice.
Thereafter, he will be interviewed and he will be duly notified
of the action taken by the Board.
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. '
PHILIPPINE
ACT ON
CRIMES
AGAINST
INTERNATIONA
L
HUMANITARIAN
LAW,GENOCID
E, AND OTHER
CRIMES
AGAINST
HUMANITY.
SECTION 13. PROTECTION OF VICTIMS AND WITNESSES
(a) The philippine court shall take appropriate
measures to protect the safety, physical and
physiological well-being, dignity and privacy of
victims and witnesses.
(b) as an exemption to the general principle of public
hearings, the court may, to protect the victims and
witnesses of an accused, conduct any part of the
proceedings in camera or allow the presentation of
evidence by electronic or other special means.
(c) when the personal interest of the victims are
affected, the court shall permit their views and
concerns to be presented and consider that stages of
the preceding determined to be appropriate by the
court in manner which is not prejudicial to or
inconsistent with the rights of the accused and a fair
and impartial trial.
(d) where the disclosure of evidence or information
pursuant to this act may lead to the grave
endangerment to the security of a witness for his/her
family, the prosecution may for the purpose of any
proceedings conducted prior to the commencement of
the trial, withhold such evidence or information and
instead submit a summary thereof.
 WHAT IS

RESTORATIVE

JUSTICE?
RESTORATIVE JUSTICE
Restorative justice is an approach to justice
Restorative justice is a process
that aims to get offenders to take
through which remorseful offenders
responsibility for their actions, to understand
accept responsibility for their
the harm they have caused, to give them an
misconduct, particularly to their victim opportunity to redeem themselves, and to
and to the community. discourage them from causing further harm.
For victims, its goal is to give them an active
role in the process and to reduce feelings of
anxiety and powerlessness.
 HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE
PHILIPPINES?

• The commission on Crime Prevention and Criminal Justice, of which the

Philippines is a member-country, through a draft resolution, recommended to
the Economic and Social Council of the United Nation Organization (UNO)
the adoption of the “Basic Principle on the Use of Restorative Justice
Programmes in Criminal Matters.”

• The said document is a formulation of UN Standard in the field of medicine

and restorative justice. The philippines being a signatory member-country
should ensure adoption of this solution.

• The goal of the government is to establish a more enlightened and humane

correctional system that will promote the reformation of offenders and
thereby reduce the incidence of recidivism.
 HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE
PHILIPPINES?

• This is in line with the applicable laws, rules and policies mandating this
agency to administer the Parole and Probation System in the country.

• As such, the Parole and Probation Administration (PPA) is empowered to

create innovative policies, programs and activities to facilitate the integration
of its clientele into the mainstream of society and consequently prevent the
commission of crime.

• As such, the Parole and Probation Administration (PPA) is empowered to

create innovative policies, programs and activities to facilitate the integration
of its clientele into the mainstream of society and consequently prevent the
commission of crime.
 THE EFFECTS OF RESTPRATIVE JUSTICE AS A REHABILITATION OF PPA

• Reintegration of the offenders to the social mainstream and encouraging them to

a show active responsibility for the injuries inflicted to the victims.

• Pro active involvement of the community to support and assist in the rehabilitation
of victims and offenders.

• Healing the effects of the crime or wrong doing suffered by the respective
stakeholders.

• Prevention of further commission of crime and delinquency.

R E S TO R AT I V E J U S T I C E M O D E L S T H AT C A N
B E A P P L I E D I N P PA

 PEACEMAKING ENCOUNTER
• A community-based gathering that brings the
victim, victimized community, the offender together.

• Supports the healing process of victims by

providing a safe and control setting for them to
meet and speak with the offender on a confidential
and strictly voluntary basis.

• As a community based decision model, the agency

piece making encounter is being implemented
through the following processes;
 PEACEMAKING ENCOUNTER

• VICTIM/ OFFENDER MDIATION - Provides an interested victim an

opportunity to meet face to face his/her offender in a secured and
structured setting or atmosphere with the help of a trained mediator.

• CONFERENCING - Involves community of people most affected by the

crime - the victim and offender and their families, the affected
community members and trade facilitators and community strength.

• CIRCLE OF SUPPORT - Process organized by the field office and

participated in by the clients.
O U T C O M E S T H AT C A N B E A G R E E D U P O N D U R I N G T H E
R E S T R O R AT I V E J U S T I C E P R O C E S S .
 RESTITUTION
 COMMUNITY WORK SERVICE
 COUNSELING
 ATTENDANCE TO TRAININGS, SEMINARS AND LECTURES
 PARTICIPATION IN EDUCATION, VOCATION OR LIFE SKILL PROGRAM
 GROUP THERAPY SESSION
 SPIRITUAL DEVELOPMENT SESSION/ FAITH BASED SESSION
 SUBMISSION TO PSYCHOLOGICAL/ PSYCHIATRIC ASSESSMENT
 SUBMISSION TO DRUG TEST/DRUG DEPENDENCY EXAMINATION
 ATTENDANCE TO SKILLS TRAINING/ LIVELIHOOD ASSISTANCE
PROGRAM
 MARITAL ENHANCEMENT PROGRAM
 WRITTEN OR ORAL APOLOGY
 SUBMISSION TO FAMILY THERAPY SESSION
 CONFINEMENT IN DRUG TREATMENT REHABILITATION CENTRE
INCLUDING AFTERCARE
RA NO. 8505
AN ACT PROVIDING ASSISTANCE AND
PROTECTION FOR RAPE VICTIMS,
ESTABLISHING FOR THE PURPOSE A
RAPE CRISIS CENTER IN EVERY
PROVINCE AT CITY, AUTHORIZING THE
APPROPRIATION OF FUNDS
THEREFOR, AND FOR OTHER
PURPOSES.
FEBRUARY 13 , 1998
 THANK YOU

CANILLO, CATHERINE B
PASAGUE, BENSUOD
MACAPANGCAT, ZOBAER
DULTRA, WENDELL ASIE