Published by Department of Justice(DOJ) on Nov. 30, 2016.
Requested from DOJ by I. Dulin at 05:05 PM on
Nov. 30, 2016.
Purpose: Research for presentation in a national conference.
Date of Coverage: 10/01/2016 - 10/31/2016
Tracking no: #DOJ-295681867779
J.ESGUERRA
Nov. 30, 2016, 5:05 p.m.
Most respectfully requesting related materials on the following:
1. Issuances on the rights of criminals and the victims of criminal acts; and
2. Details of services (e.g. witness protection program, etc.) provided for both criminals and the victims of criminal acts (e.g. counseling, legal services, etc.) as provided for by law, issuances and their respective implementing agencies.
This is to evaluate whether government resources favor criminals instead of victims of criminal acts. The study will be presented in an upcoming conference this February 2017.
Thank you.
Dec. 1, 2016, 11:05 a.m.
December 1, 2016
Dear James Victor,
Thank you for your request dated Nov 30, 2016 05:05:18 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Issuances on the Rights of Criminals and Victims of Criminal Acts.
We received your request on Nov 30, 2016 05:05:18 PM and will respond on or before Dec 21, 2016 05:05:18 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi0yOTU2ODE4Njc3NzkM, for request with ticket number #DOJ-295681867779.
Thank you.
Respectfully,
Maria Belinda Avergonzado
FOI Officer
I.DULIN
Dec. 21, 2016, 3:45 p.m.
Dear Mr. Victor,
Greetings!
This communication is in response to your request sent via the DOJ Efoi portal received at 05:05pm on November 30, 2016 for related materials pertaining to the following:
1. Issuances on rights of criminals and the victims of criminal acts; and
2. Details of service (e.g. witness protection program, etc.) provided for both
criminals and the victims of criminal acts (e.g. counselling, legal services, etc.) as
provided for by law, issuances and their respective implementing agencies.
As for the rights of criminals, you may refer to the following:
1. Article III of the 1987 Constitution specifically Sections 1, 2, 3, 11, 12, 13, 14, 16, 17, 19, 21 and 22;
2. The United Nations Standard Minimum Rules for the Treatment of Prisoners in relation to the United Nations Declaration of Human Rights.
As for the victims of criminal acts, it is their basic right to prosecute their cause against the person or persons who may have done harm to their person, family or property for acts falling within the ambit of the Revised Penal Code and other special penal laws. However, under particular instances, the following pieces of legislation shall apply:
1. Republic Act No. 9262 or Anti- Violence Against Women and their Children Act of 2004;
2. Republic Act No. 7610 or Special Protection of Children against Abuse, Exploitation and Discrimination Act;
On the matter of your inquiry on services provided to criminals, you may refer to the following:
1. Victims Compensation Program of the DO] in relation to Republic Act No. 7309 which created the Board of Claims for victims of unjust imprisonment or detention and victims of violent crimes and for other purposes.
2. Witness Protection Program of the DOJ in relation to Republic Act No. 6981 or the Witness Protection, Security and Benefit Act for criminals turned state- witness.
As for the victims of criminal acts, it is basic under our laws that civil liability attaches to those who are found to be criminally liable. However, there are special laws that provide specific services to victims like the following:
1. For victims falling within the ambit of R.A. No. 9262, you may refer to Sections 9, 13, 30, 31, 32, 38, 39, 40, 41, 42 and 43 of the said law.
2. For those cases falling within the provisions of R.A. No. 7610, you may refer to
Section 4, 12, 13, 18, 19, 28 and 30. The said law is further supported by Executive Order No. 53 Series of 2011 in relation to Executive Order No. 53 series of 1986 and Presidential Decree No. 603.
3. For victims of sexual harassment, you may refer to Republic Act No. 7877
otherwise known as the Anti- Sexual Harassment Act of 1995.
4. Republic Act No. 9208 otherwise known as the Anti- Trafficking in Persons Act of 2003 governs victims of human trafficking, specifically Sections 13, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 28.
We hope that we have sufficiently answered your queries. If you will need further references, you may visit the DOJ website at www.doj.gov.ph.
Yours truly,
JUVY R. MANWONG (sgd.)
I.DULIN
Dec. 21, 2016, 3:48 p.m.
Dear Mr. Victor,
Greetings!
This communication is in response to your request sent via the DOJ Efoi portal received at 05:05pm on November 30, 2016 for related materials pertaining to the following:
1. Issuances on rights of criminals and the victims of criminal acts; and
2. Details of service (e.g. witness protection program, etc.) provided for both
criminals and the victims of criminal acts (e.g. counselling, legal services, etc.) as
provided for by law, issuances and their respective implementing agencies.
As for the rights of criminals, you may refer to the following:
1. Article III of the 1987 Constitution specifically Sections 1, 2, 3, 11, 12, 13, 14, 16, 17, 19, 21 and 22;
2. The United Nations Standard Minimum Rules for the Treatment of Prisoners in relation to the United Nations Declaration of Human Rights.
As for the victims of criminal acts, it is their basic right to prosecute their cause against the person or persons who may have done harm to their person, family or property for acts falling within the ambit of the Revised Penal Code and other special penal laws. However, under particular instances, the following pieces of legislation shall apply:
1. Republic Act No. 9262 or Anti- Violence Against Women and their Children Act of 2004;
2. Republic Act No. 7610 or Special Protection of Children against Abuse, Exploitation and Discrimination Act;
On the matter of your inquiry on services provided to criminals, you may refer to the following:
1. Victims Compensation Program of the DO] in relation to Republic Act No. 7309 which created the Board of Claims for victims of unjust imprisonment or detention and victims of violent crimes and for other purposes.
2. Witness Protection Program of the DOJ in relation to Republic Act No. 6981 or the Witness Protection, Security and Benefit Act for criminals turned state- witness.
As for the victims of criminal acts, it is basic under our laws that civil liability attaches to those who are found to be criminally liable. However, there are special laws that provide specific services to victims like the following:
1. For victims falling within the ambit of R.A. No. 9262, you may refer to Sections 9, 13, 30, 31, 32, 38, 39, 40, 41, 42 and 43 of the said law.
2. For those cases falling within the provisions of R.A. No. 7610, you may refer to
Section 4, 12, 13, 18, 19, 28 and 30. The said law is further supported by Executive Order No. 53 Series of 2011 in relation to Executive Order No. 53 series of 1986 and Presidential Decree No. 603.
3. For victims of sexual harassment, you may refer to Republic Act No. 7877
otherwise known as the Anti- Sexual Harassment Act of 1995.
4. Republic Act No. 9208 otherwise known as the Anti- Trafficking in Persons Act of 2003 governs victims of human trafficking, specifically Sections 13, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 28.
We hope that we have sufficiently answered your queries. If you will need further references, you may visit the DOJ website at www.doj.gov.ph.
Yours truly,
JUVY R. MANWONG (sgd.)
Assistant Secretary
I.DULIN
Dec. 21, 2016, 3:59 p.m.
Dear Mr. Victor,
Greetings!
This communication is in response to your request sent via the DOJ Efoi portal received at 05:05pm on November 30, 2016 for related materials pertaining to the following:
1. Issuances on rights of criminals and the victims of criminal acts; and
2. Details of service (e.g. witness protection program, etc.) provided for both
criminals and the victims of criminal acts (e.g. counselling, legal services, etc.) as
provided for by law, issuances and their respective implementing agencies.
As for the rights of criminals, you may refer to the following:
1. Article III of the 1987 Constitution specifically Sections 1, 2, 3, 11, 12, 13, 14, 16, 17, 19, 21 and 22;
2. The United Nations Standard Minimum Rules for the Treatment of Prisoners in relation to the United Nations Declaration of Human Rights.
As for the victims of criminal acts, it is their basic right to prosecute their cause against the person or persons who may have done harm to their person, family or property for acts falling within the ambit of the Revised Penal Code and other special penal laws. However, under particular instances, the following pieces of legislation shall apply:
1. Republic Act No. 9262 or Anti- Violence Against Women and their Children Act of 2004;
2. Republic Act No. 7610 or Special Protection of Children against Abuse, Exploitation and Discrimination Act;
On the matter of your inquiry on services provided to criminals, you may refer to the following:
1. Victims Compensation Program of the DO] in relation to Republic Act No. 7309 which created the Board of Claims for victims of unjust imprisonment or detention and victims of violent crimes and for other purposes.
2. Witness Protection Program of the DOJ in relation to Republic Act No. 6981 or the Witness Protection, Security and Benefit Act for criminals turned state- witness.
As for the victims of criminal acts, it is basic under our laws that civil liability attaches to those who are found to be criminally liable. However, there are special laws that provide specific services to victims like the following:
1. For victims falling within the ambit of R.A. No. 9262, you may refer to Sections 9, 13, 30, 31, 32, 38, 39, 40, 41, 42 and 43 of the said law.
2. For those cases falling within the provisions of R.A. No. 7610, you may refer to
Section 4, 12, 13, 18, 19, 28 and 30. The said law is further supported by Executive Order No. 53 Series of 2011 in relation to Executive Order No. 53 series of 1986 and Presidential Decree No. 603.
3. For victims of sexual harassment, you may refer to Republic Act No. 7877
otherwise known as the Anti- Sexual Harassment Act of 1995.
4. Republic Act No. 9208 otherwise known as the Anti- Trafficking in Persons Act of 2003 governs victims of human trafficking, specifically Sections 13, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 28.
We hope that we have sufficiently answered your queries. If you will need further references, you may visit the DOJ website at www.doj.gov.ph.
Yours truly,
JUVY R. MANWONG (sgd.)
Assistant Secretary
cc:
ATTY. ERICKSON H. BALMES
Undersecretary
Jan. 25, 2017, 4:42 p.m.
Resending to you our reply to your request for information dated 30 November 2016 for monitoring purposes. Note that this request for information was already acted upon within the 15 day working period.
Dear Mr. Victor,
Greetings!
This communication is in response to your request sent via the DOJ Efoi portal received at 05:05pm on November 30, 2016 for related materials pertaining to the following:
1. Issuances on rights of criminals and the victims of criminal acts; and
2. Details of service (e.g. witness protection program, etc.) provided for both
criminals and the victims of criminal acts (e.g. counselling, legal services, etc.) as
provided for by law, issuances and their respective implementing agencies.
As for the rights of criminals, you may refer to the following:
1. Article III of the 1987 Constitution specifically Sections 1, 2, 3, 11, 12, 13, 14, 16, 17, 19, 21 and 22;
2. The United Nations Standard Minimum Rules for the Treatment of Prisoners in relation to the United Nations Declaration of Human Rights.
As for the victims of criminal acts, it is their basic right to prosecute their cause against the person or persons who may have done harm to their person, family or property for acts falling within the ambit of the Revised Penal Code and other special penal laws. However, under particular instances, the following pieces of legislation shall apply:
1. Republic Act No. 9262 or Anti- Violence Against Women and their Children Act of 2004;
2. Republic Act No. 7610 or Special Protection of Children against Abuse, Exploitation and Discrimination Act;
On the matter of your inquiry on services provided to criminals, you may refer to the following:
1. Victims Compensation Program of the DO] in relation to Republic Act No. 7309 which created the Board of Claims for victims of unjust imprisonment or detention and victims of violent crimes and for other purposes.
2. Witness Protection Program of the DOJ in relation to Republic Act No. 6981 or the Witness Protection, Security and Benefit Act for criminals turned state- witness.
As for the victims of criminal acts, it is basic under our laws that civil liability attaches to those who are found to be criminally liable. However, there are special laws that provide specific services to victims like the following:
1. For victims falling within the ambit of R.A. No. 9262, you may refer to Sections 9, 13, 30, 31, 32, 38, 39, 40, 41, 42 and 43 of the said law.
2. For those cases falling within the provisions of R.A. No. 7610, you may refer to
Section 4, 12, 13, 18, 19, 28 and 30. The said law is further supported by Executive Order No. 53 Series of 2011 in relation to Executive Order No. 53 series of 1986 and Presidential Decree No. 603.
3. For victims of sexual harassment, you may refer to Republic Act No. 7877
otherwise known as the Anti- Sexual Harassment Act of 1995.
4. Republic Act No. 9208 otherwise known as the Anti- Trafficking in Persons Act of 2003 governs victims of human trafficking, specifically Sections 13, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 28.
We hope that we have sufficiently answered your queries. If you will need further references, you may visit the DOJ website at www.doj.gov.ph.
Yours truly,
JUVY R. MANWONG (sgd.)
Assistant Secretary
cc:
ATTY. ERICKSON H. BALMES
Undersecretary
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