CHAPTER 7

Government Programs for the Welfare of the Victims

A. Victims Compensation Program

 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.

 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?

  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 nongovernment
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.
c. 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.
d. 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 investigation, prosecution or trial and that the name and personal
circumstances of the offended party and/or the accused, or any other
information tending to establish their identities, and such circumstances or
information on the complaint shall NOT be disclosed to the public.

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)

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 obscene or pornographic materials, or to sell or distribute said materials.

Where can one 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

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.