UNIT III.

Governmental Programs For

The Victims
 WITNESS PROTECTION, SECURITY
AND BENEFITS PROGRAM

Governmental VICTIMS COMPENSATION PROGRAM

Programs For The RA 10368

Victims
 introduction
 A unique and indigenous way of settling disputes and treating both
offenders and victims at the village ("barangay") level is called
Katarungan Pambarangay or the “Village Justice System”.
 A complaint is reported or an unresolved conflict or dispute from the
barangay level is elevated to the jurisdiction of the police, the victim is
viewed as a complainant.
 If a criminal charge progresses up to the courts, the victim continues to
act in the role of prosecution witness in the case against the offender.
 Under the Rules of Court, the victim may seek restitution for damages
from the crime by filing a civil suit against the offender. A victim/witness
who believes himself/herself to be in danger from an offender can apply
for admission into the WITNESS PROTECTION, SECURITY, and
BENEFIT PROGRAM OF THE DEPARTMENT OF JUSTICE

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 introduction
 The “Compensation of Victims” was created in the year 1992 under the
DOJ, for unjust imprisonment or detention & victims of violent crimes.
 The “Commission on Human Rights” exists under a constitutional
mandate to act as an independent office to protect and promote human
rights. It also provides financial assistance to victims of human rights
violations or their families, so as to help alleviate suffering and sustain
their basic needs within a specified period.

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1. WITNESS PROTECTION, SECURITY
AND BENEFITS PROGRAM
• It is a program established under Republic
Act No. 6981, "The Witness Protection,
Security and Benefit Act", which seeks to
encourage a person who has witnessed or
has knowledge of the commission of a
crime to testify before a court or quasi-
judicial body, or before an investigating
authority, by protecting him from reprisals
and from economic dislocation.

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Who can be admitted
to this program?
o Any person who has knowledge of or information on the commission of a
crime and has testified or is testifying or is willing to testify.
o A witness in a congressional investigation, upon the recommendation of the
legislative committee where his testimony is needed and with the approval of
the Senate President or the Speaker of the House of Representatives, as the case
may be.
o A witness who participated in the commission of a crime and who desires to be
a State witness.
o An accused who is discharged from an information or criminal complaint by
the court in order that he may be a State witness.

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Who are disqualified for admission
into the Program?
AN APPLICANT WILL NOT BE ADMITTED INTO THE PROGRAM IF:

•THE OFFENSE IN WHICH HIS TESTIMONY WILL BE USED IS NOT A GRAVE FELONY;
• HIS TESTIMONY CANNOT BE SUBSTANTIALLY CORROBORATED IN ITS MATERIAL POINTS;
•HE OR ANY MEMBER OF HIS FAMILY WITHIN THE SECOND DEGREE OF CONSANGUINITY OR
AFFINITY HAS NOT BEEN THREATENED WITH DEATH OR BODILY INJURY OR THERE IS NO
LIKELIHOOD THAT HE WILL BE KILLED, FORCED, INTIMIDATED, HARASSED OR CORRUPTED TO
PREVENT HIM FROM TESTIFYING OR TO TESTIFY FALSELY OR EVASIVELY BECAUSE OR ON
ACCOUNT OF HIS TESTIMONY; AND
•IF THE APPLICANT IS A LAW ENFORCEMENT OFFICER EVEN IF HE WILL TESTIFY AGAINST
OTHER LAW ENFORCEMENT OFFICERS. THE IMMEDIATE MEMBERS OF THE APPLICANT MAY,
HOWEVER, BE ADMITTED INTO THE PROGRAM.

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What benefits may a witness
under the Program receive?
The benefits includes the ff.:
o Security protection and escort services.
o Immunity from criminal prosecution and not to be subjected to any penalty or forfeiture for any
transaction, matter or thing concerning his compelled testimony or books, documents or
writings produced.
o Secure housing facility.
o Assistance in obtaining a means of livelihood.
o Reasonable traveling expenses and subsistence allowance while acting as a witness.
o Free medical treatment, hospitalization and medicine for any injury or illness incurred or
suffered while acting as a witness.

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What benefits may a witness
under the Program receive?
o Burial benefits of not less than Ten Thousand pesos (P10,000.00) if the witness is killed
because of his participation in the Program.
o Free education from primary to college level for the minor or dependent children of a
witness who dies or is permanently incapacitated.
o Non-removal or demotion in work because of absences due to his being a witness and
payment of full salary or wage while acting as witness.

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2. VICTIMS COMPENSATION
PROGRAM
• 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.

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 What is the rationale for the enactment of the
law?
o 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.

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 Who may apply for compensation?
o A person who was unjustly accused convicted and imprisoned and
subsequently released by virtue of a judgment of acquittal;
o A person who was unjustly detained and released without being charged;
o 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
o 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.

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3. RA 10368
• “An act providing for reparation and
recognition of victims of human rights
violation during the Marcos Regime,
documentation of said violations,
appropriating funds therefor and for other
purposes”

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RIGHTS OF CRIME VICTIMS
A crime victim has the following rights:
o (1) The right to be reasonably protected from the accused.
o (2) The right to reasonable, accurate, and timely notice of any public
court proceeding, or any parole proceeding, involving the crime or of
any release or escape of the accused.
o (3) The right not to be excluded from any such public court
proceeding, unless the court, after receiving clear and convincing
evidence, determines that testimony by the victim would be materially
altered if the victim heard other testimony at that proceeding.
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RIGHTS OF CRIME VICTIMS
A crime victim has the following rights:
o (4) The right to be reasonably heard at any public proceeding in the
district court involving release, plea, sentencing, or any parole
proceeding.
o (5) The reasonable right to confer with the attorney for the
Government in the case.
o (6) The right to full and timely restitution as provided in law.
o (7) The right to proceedings free from unreasonable delay.
o (8) The right to be treated with fairness and with respect for the
victim's dignity and privacy.
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RIGHTS OF CRIME VICTIMS
A crime victim has the following rights:
o (9) The right to be informed in a timely manner of any plea bargain or
deferred prosecution agreement.
o (10) The right to be informed of the rights under this section and the
services described in section 503(c) of the Victims' Rights and
Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact
information for the Office of the Victims' Rights Ombudsman of the
Department of Justice

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thank you
mirjam nilsson
mirjam@contoso.com
www.contoso.com