Victims Compensation Program

Victims Compensation Program

• Republic Act No. 7309 establishes the Board of Claims under the Department of Justice
• The Board of Claims grants compensation to victims of unjust imprisonment/detention and violent crimes

Who Can Apply for Compensation

• Individuals unjustly accused, convicted, and acquitted can apply
• Individuals unjustly detained and released without charges may apply
• Victims of arbitrary detention by authorities, as defined in the Revised Penal Code, under a final court judgment are eligible
• Victims of violent crimes, including rape and offenses committed with malice, resulting in death, serious physical/psychological injuries, permanent incapacity, insanity, abortion, trauma, or torture, cruelty, or barbarity are also eligible

Filing a Claim

• Claims must be filed with the Board within 6 months of release from imprisonment/detention or from the date of injury
• Failure to file within this period results in a waiver of the claim
• Claims are filed by completing an application form from the Secretariat of the Board of Claims at the Department of Justice, Padre Faura Street, Ermita, Manila
• Claimants are interviewed and notified of the Board’s decision

Appealing Board Decisions

• Claimants can appeal the Board's decision to the Secretary of Justice within 15 days of receiving the resolution
• The Secretary of Justice's decision is final and executory

Rape Victim Assistance and Protection

• Republic Act 8505 is the Rape Victim Assistance and Protection Act of 1998

Rape Crisis Centers

• Rape Crisis Centers are established in every province and city
• These centers are a collaboration between DSWD, DOH, DILG, DOJ, and a lead NGO experienced in handling sexual abuse cases
• Centers are located in government hospitals/health clinics or other suitable places

Services Provided by Rape Crisis Centers

• Psychological counseling, medical/health services, including medico-legal examinations provided to rape victims
• Free legal assistance
• Assistance in investigations to hasten offender arrests and case filings
• Ensuring privacy and safety of rape victims
• Psychological counseling/medical services for families of rape victims
• Training programs for law enforcement, prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human rights, gender sensitivity, and legal management of rape cases
• Programs for the recovery of rape victims
• DSWD is the lead agency for establishing/operating Rape Crisis Centers

Duties of Police Officers

• Refer the case to the prosecutor immediately for inquest/investigation if the accused is detained; otherwise court rules apply
• Arrange counseling and medical services for the offended party and report on actions taken
• Ensure the police officer/examining physician is of the same gender as the offended party
• Only expressly authorized individuals are allowed in the room where the investigation/medical/physical examination is conducted
• Women's desks must be in every police precinct for female officers to investigate complaints of women rape victims
• Preliminary investigations/inquests of women rape victims must be assigned to female prosecutors

Protective Measures

• During rape investigations, prosecutions, and trials, the privacy rights of both the offended party and the accused must be recognized
• The police officer, prosecutor, or court may order a closed-door investigation, prosecution, or trial
• Names, personal circumstances, or information that can identify the offended party and/or the accused cannot be disclosed to the public
• The investigating officer/prosecutor must inform the parties that proceedings can be in a language/dialect known or familiar to them

Rape Shield

• Evidence of the complainant’s past sexual conduct, opinion thereof, or reputation is inadmissible in rape prosecutions
• Unless the court finds such evidence material and relevant to the case

Child Protection Program

• Executive Order No. 53 strengthens the Committee for the Special Protection of Children; amends Executive Order No. 275 (s.1995)

Definition of a Child (R.A. No. 7610)

• A child is someone below 18 years old
• A child includes someone over 18 who cannot fully care for themselves due to physical/mental disability or condition

Child Abuse Defined

• Any act inflicting physical/psychological injury, cruelty, neglect, sexual abuse, or exploitation on a child

Cruelty Defined

• Any word or action that debases, degrades, or demeans the dignity of a child

Discipline vs Cruelty

• Discipline administered by a parent/legal guardian is not cruelty if it is reasonable, moderate, and does not cause physical/psychological injury

Physical Injury as Child Abuse

• Injuries causing severe or serious bodily harm, such as lacerations, fractured bones, burns, or internal injuries

Psychological Injury as Child Abuse

• Harm to a child's psychological/intellectual functions exhibited by severe anxiety, depression, withdrawal, or outward aggressive behavior

Child Neglect Defined

• Failure of a parent/legal guardian to provide adequate food, clothing, shelter, basic education, or medical care, for reasons other than poverty
• This failure must seriously endanger the child's physical, mental, social, and emotional development

Child Sexual Abuse Defined

• Employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist in sexual intercourse, lasciviousness, molestation, prostitution, or incestuous acts

Child Exploitation Defined

• Hiring, employment, persuasion, inducement, or coercion of a child to perform in obscene exhibitions/shows, whether live, on video/film
• Posing/acting as a model in obscene/pornographic materials or selling/ distributing said materials

Who Must Report Child Abuse Cases

• Heads of public/private hospitals, medical clinics, and institutions, as well as the physicians/nurses who attended to the abused child
• Teachers and administrators of public schools
• Parole and probation officers
• Government lawyers
• Law enforcement officers
• Barangay officials
• Correction officers (jail guards)
• Other government officials/employees dealing with children

Who Can File a Complaint

• The child victim
• The parent or legal guardian
• Grandparent or relative up to a first cousin
• The Barangay Chairman
• A group of 3+ persons with personal knowledge of the abuse

Where to File a Complaint

• Complaints should be filed with the Department of Social Welfare and Development or with the police/other law enforcement agency