Philippines - Apply for Victims Compensation

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Procedure

Apply In-Person:

1. To Apply for Victims Compensation, the applicant has to approach the Department of Justice offices link
2. An application form will be provided to the applicant by the concerned officer. Or the applicant can download the application form from the following link
3. The applicant has to fill in all the necessary details in the application form. (Incomplete applications are not accepted)
4. Make sure that the applicant has attached all the necessary documents that are mentioned in the “Required Documents” section of this page.
5. The applicant has to attach the photocopies of the required documents along with the application form while submitting.
6. Submit all the documents with the completed form to the concerned officer.
7. The fee for this procedure has to be paid as per the authority’s request.
8. After receiving the application, the concerned authority will check the submitted application and document set. If all are in place, the application will be accepted.
9. All applications are processed within a reasonable time, having regard to the particular circumstances of each application, including the completeness of information and documents submitted to the authority by the applicant.
10. The authority may seek additional information from an applicant if this is necessary to assess the application. The authority does not need to deal further with an application until the applicant has provided this additional information.
11. The entire process can be completed within 30 days or as per the timeline advised by the respective department authority.

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Required Documents

• Duly accomplished application form link
• Passport size photograph

The applicant can submit the required documents based on their category
Unjustly accused, convicted and imprisoned but subsequently released by virtue of judgment of acquittal.

• Certified True Copy of lowers court’s decision of conviction;
• Certified True Copy of appellate court’s decision of acquittal; and
• Certified True Copy of commitment order and released from confinement by the jail warden or prison authority concerned.
• Government issued ID

Unjustly detained and released without being charged.

• Any proof to show that he was unjustly detained without being charged. (e. g. such as records of arrest; detention and release.)
• Government issued ID

A victim of arbitrary or illegal detention by the authorities and defined in the Revised Penal Code under final judgment of the court.
Victims of Violent Crime

• Certified True Copy of Police Report (Spot and Casualty Report in case of KIA);
• Certified True Copy of Autopsy Report in case of Death;
• Certified True Copy of Doctor’s Medical Certificate (for Serious Physical Injuries/Rape);
• Certified True Copy of Psychiatrist Certificate; if applicable; and
• Certified True Copy of Death Certificate and
• Medical Receipts, etc. (in case of Serious Physical Injuries)
• Certified True Copy of Resolution / Information (in case of Rape)
• For KIA, Certificate of Legal Beneficiaries / Declaration of Legal Beneficiaries (Authenticated Copy)
• For WIA, Certificate (wounded) with journal (Authenticated Copy)
• Government-issued ID

Victims of enforced or involuntary disappearance and/or their immediate relatives: Any of the following record/s shall be submitted: (under R.A. No. 10353)

• Certified True Copy of NPS Resolution;
• Certified True Copy of CHR Resolution;
• Certified True Copy of Records of the National Historical Institute (NHI) or the Bantayog ng mga Bayani Memorial Center
• Certified True Copy of Writ of Amparo, Habeas Corpus, and Habeas Data, or Court Order
• Certified True Copy of Roll of victims of enforced or involuntary disappearance officially issued subsequently by the government.
• Government issued ID

Office Locations & Contacts

Department of Justice - Philippines
Padre Faura Street
Ermita, Manila 1000
Republic of the Philippines
Telephone - (+632) 8523 8481 to 98
Contact Details link

Eligibility

• A person who was unjustly accused convicted and imprisoned and subsequently released by virtue of a judgment of acquittal
• A person who was unjustly detained and released without being charged
• 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
• 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

Fees

• The fee for this procedure has to be paid as per the authority’s request.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

• Application form link

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The entire process can be completed within 30 days or as per the timeline advised by the respective department authority.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Applicants must complete the application form before submitting it. Incomplete applications will not be accepted.
• Applicants must provide genuine information while applying for this procedure.

Required Information

• Name of Applicant
• Address
• Telephone/Cell No.
• Date & Place of Birth
• Age
• Sex
• Civil Status
• Nationality
• Name of Spouse
• Name of Child / Children
• Name Date & Place of Birth Age
• Brief narration of incident giving cause of claim

Need for the Document

• Victims’ compensation refers to a system of financial assistance and support provided to victims of crime, violence, or other traumatic events. Victims’ compensation programs are typically established by governments or non-governmental organizations and provide financial aid to eligible victims to help them cope with the physical, emotional, and financial consequences of their victimization.

Information which might help

• For the victims of unjust imprisonment, the compensation shall be based on the number of months of imprisonment and every fraction thereof shall be considered one month, but in no case shall such compensation exceed ONE THOUSAND PESOS (P1,000.00) per month.
• In all other cases the maximum for which the Board may approved a claim shall not exceed TEN THOUSAND PESOS (P10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to the injury, whichever is lower to be determined by the Board.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

• For More Information link

Others

• 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.