Government Programs for Crime Victims

Governmental Programs for Victims

Victims Compensation Program

• Republic Act No. 7309 creates the Board of Claims under the Department of Justice to grant compensation for unjust imprisonment/detention and violent crime victims.
• Compensation is available to individuals unjustly accused, convicted, and imprisoned then acquitted.
• Compensation is available to individuals unjustly detained and released without charges and victims of arbitrary detention as per the Revised Penal Code with court judgment.
• Compensation is also available to victims of violent crimes like rape, offenses with malice resulting in death, physical/psychological injuries, permanent incapacity/disability, abortion, trauma, torture, cruelty, or barbarity.
• Claims must be filed with the Board within six months of release from imprisonment/detention or from the date of injury.
• Claimants file an application form with the Secretariat of the Board of Claims, Department of Justice, followed by an interview where they will be notified of the Board's decision.
• For unjust imprisonment compensation is based on imprisonment months, which shouldn't exceed P1,000.00 per month.
• In other cases, the maximum claim approved shouldn't exceed P10,000.00 or the amount necessary to reimburse hospitalization, medical treatment, wage loss, support loss, or injury-related expenses, whichever is lower.

Witness Protection, Security, and Benefits Program

• Republic Act No. 6981, known as "The Witness Protection, Security and Benefit Act," aims to encourage witnesses with crime knowledge to testify in court, quasi-judicial bodies, or before investigating authorities.
• The program aims to protect witnesses from retaliation and economic disruption.
• Admittance is granted to anyone with knowledge of a crime who testifies, is testifying, or will testify.
• Admittance is granted to witnesses needed in congressional investigations when recommended by the legislative committee and approved by the Senate President or House Speaker.
• Admittance is granted to witness participants in a crime who want to be a State witness and accused individuals the court discharges from a complaint to become a State witness.
• An applicant is disqualified if the offense related to their testimony isn't a grave felony.
• An applicant is disqualified if their testimony lacks corroboration in material aspects.
• An applicant is disqualified if they or a family member within the second degree of consanguinity/affinity hasn't been threatened with death/injury or is unlikely to be killed, intimidated, harassed, or corrupted to testify falsely.
• If the applicant is a law enforcement officer, they are disqualified, but their immediate family can be admitted to the program.
• Program benefits include security protection, escort services, and criminal prosecution immunity.
• Program benefits include immunity from penalties/forfeiture related to compelled testimony, books, documents, or writings produced.
• Program benefits include a secure housing facility and livelihood assistance.
• Program benefits include travel expenses, subsistence allowance while acting as a witness, and free medical treatment for injuries/illnesses suffered while acting as a witness.
• Burial benefits of at least P10,000.00 are given if the witness is killed because of program participation.
• Minor/dependent children of deceased or permanently incapacitated witnesses receive free education from primary to college.
• Witnesses can't be demoted or removed from work for absences due to being a witness and will receive full salary/wages while acting as a witness.

Republic Act No. 10368

• This act provides reparation and the recognition of human rights violation victims during the Marcos Regime.
• The act also documents violations and appropriates funds.

Rights of Crime Victims

• Crime victims have the right to be reasonably protected from the accused.
• Crime victims have the right to reasonable, accurate, and timely notice of public court or parole proceedings involving the crime, release, or escape of the accused.
• Crime victims have the right not to be excluded from public court proceedings, unless the court determines their testimony would be altered by hearing other testimony.
• Crime victims have the right to be reasonably heard at public proceedings involving release, plea, sentencing, or parole.
• Crime victims have the right to confer with the government's attorney in the case.
• Crime victims have the right to full and timely restitution as legally provided.
• Crime victims have the right to proceedings free from unreasonable delay.
• Crime victims have the right to be treated with fairness, and with respect for their dignity and privacy.
• Crime victims have the right to be informed about any plea bargain or deferred prosecution agreement in a timely manner.
• Crime victims have the right to be informed of their rights under Section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)), and the right to contact the Office of the Victims' Rights Ombudsman of the Department of Justice.

Crime Victim Assistance Program

• Crime Victim Assistance Program (CVAP) assists victims, immediate family members, and some witnesses in dealing with the effects of violent crime.
• CVAP provides financial help to offset financial losses and aid recovery resulting from the crime.
• Crime victim benefits include medical and dental services, and prescription drug expenses.
• Crime victim benefits include counseling, protective measures, and eyeglasses/clothing/disability aids replacement if damaged/destroyed.
• Crime victim benefits include childcare and homemaker services
• Crime victim benefits include disability aids/expenses and support for a child born because of a crime.
• Crime victim benefits include vocational services, also income support or compensation for lost earning capacity.
• Crime victim benefits include transportation and related expenses.
• Immediate family member benefits include counseling, prescription drugs, and transportation.
• Immediate family member benefits include also crime scene cleaning and travel costs in case of a deceased victim.
• Fatalities benefits include funeral expenses, bereavement leave, also additional aid for financially dependent family members and spouses/children.
• Witness benefits include counseling, prescription drugs, and reimbursement of transportation to attend counseling.

Restorative Justice

• Restorative Justice involves remorseful offenders taking responsibility for their misconduct, especially towards victims and the community.
• Restorative Justice makes it mandatory for offenders to make things right with involvement of victims, an acknowledgment by the offender of their crime, and community engagement for solutions promoting repair, reconciliation, and reassurance.
• The Commission on Crime Prevention and Criminal Justice, where the Philippines is a member, endorsed restorative justice through a resolution to the Economic and Social Council of the United Nations Organization (UNO).
• The resolution recommended adopting the "Basic Principles on the Use of Restorative Justice Programs in Criminal Matters".
• The "Basic Principles on the Use of Restorative Justice Programs in Criminal Matters" is a UN Standard formulation regarding mediation and restorative justice.
• As a signatory, the Philippines should ensure the adoption of this resolution.
• Restorative Justice encourages offenders to take responsibility for causing injuries to communities and victims.
• Restorative Justice proactively involves the community in supporting victim and offender rehabilitation, healing victims of crime or other wrongdoing, and preventing further crime and delinquency.
• Probation and Parole Officers act as restorative justice planners in their assigned cases.
• Probation and Parole officers recommends candidate cases for Peacemaking Encounter to the Chief Probation and Parole Officer (CPPO).
• Probation and Parole officers are expected to hold conversation with potential cases to determine the possibility of a restorative justice process.
• Probation and Parole officers are expected to coordinates/collaborates with responsible community members and leaders for their participation in a conference.
• Probation and Parole officers servers as a meeting Facilitator.
• Probation and Parole officers are expected to assists in healing the stakeholders based on the Supervision Treatment Plan.
• Probation and Parole officers take case notes reflective of restorative justice values and utilizing the impacts of crime, victimization, victim input, involvement oppurtunities, and offender responsibility.
• Peacemaking Encounter is a community-based gathering which brings together the victim, victims in the community, and the offender in controlled setting.
• It supports the healing process of the victims, gives the offender a chance to understand the impact of the crime.
• Peacemaking Encounter gives the victim and offender forgives a plan for harm that occurred because og the crime.
• Victim/Offender Mediation, Conferencing and Circle of Support are processes of agency peacemaking encounter.
• During Restorative Justice you can agree upon - Restitution, Community Work Service, Counseling, Marital Enhancement Program, Written or apology and Famility Therapy.
• During Restorative Justice you can expect Attendance to trainings/seminars/lectures and Participation in education/vocation/life skills, Group therapy session as well as confinement in drug rehabilitation center.
• During Restorative Justice you can expect Spiritual development session/faith based, Drug testing or psychological assessment plus Skills training.