This document discusses measures to protect victims and witnesses in legal proceedings. It outlines steps the court will take to ensure safety, privacy and dignity of victims. It allows for in camera proceedings to protect victims of sexual violence or children. It also provides for victim impact statements and redaction of sensitive evidence. The court may order reparations including restitution, compensation or rehabilitation. International laws on war crimes and human rights will guide interpretation along with other national laws.
This document discusses measures to protect victims and witnesses in legal proceedings. It outlines steps the court will take to ensure safety, privacy and dignity of victims. It allows for in camera proceedings to protect victims of sexual violence or children. It also provides for victim impact statements and redaction of sensitive evidence. The court may order reparations including restitution, compensation or rehabilitation. International laws on war crimes and human rights will guide interpretation along with other national laws.
This document discusses measures to protect victims and witnesses in legal proceedings. It outlines steps the court will take to ensure safety, privacy and dignity of victims. It allows for in camera proceedings to protect victims of sexual violence or children. It also provides for victim impact statements and redaction of sensitive evidence. The court may order reparations including restitution, compensation or rehabilitation. International laws on war crimes and human rights will guide interpretation along with other national laws.
Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in Philippine law for the protection of victims and witnesses, the following measures shall be undertaken: (a) The Philippine court shall take appropriate measures to protect the safety, physical and physiological well-being, dignity and privacy of victims and witnesses. In so doing, the court shall have regard of all relevant factors, including age, gender and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial; (b) As an exception to the general principle of public hearings, the court may, to protect the victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of the victim of sexual violence or a child who is a victim or is a witness, unless otherwise ordered by the court, having regard to all the circumstances, particularly the views of the victim or witness; (c) Where the personal interests of the victims are affected, the court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the court in manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the court considers it appropriate in accordance with the established rules of procedure and evidence; and (d) Where the disclosure of evidence or information pursuant to this Act may lead to the grave endangerment of the security of a witness for his/her family, the prosecution may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial. Section 14. Reparations to Victims. - In addition to existing provisions in Philippine law and procedural rules for reparations to victims, the following measures shall be undertaken: (a) The court shall follow the principles relating to the reparations to, or in respect of, victims,including restitution, compensation and rehabilitation. On this basis, in its decision, the court may, wither upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and state the principles on which it is acting; 1avvphi1
(b) The court may make an order directly against a
convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation; and (c) Before making an order under this section, the court may invite and shall take account of representations from or on behalf of the convicted person, victims or other interested persons. Nothing in this section shall be interpreted as prejudicing the rights of victims under national or international law. CHAPTER VII Applicability of International Law and Other Laws Section 15. Applicability of International Law.- In the application and interpretation of this Act, Philippine courts shall be guided by the following sources: (a) The 1948 Genocide Convention; (b) The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and their 2005 Additional Protocol III; (c) The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its First Protocol and its 1999 Second Protocol; (d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the Involvement of Children in Armed Conflict; (e) The rules and principles of customary international law; (f) The judicial decisions of international courts and tribunals; (g) Relevant and applicable international human rights instruments; (h) Other relevant international treaties and conventions ratified or acceded to by the Republic of the Philippines; and (i) Teachings of the most highly qualified publicists and authoritative commentaries on the foregoing sources as subsidiary means for the determination of rules of international law. Section 16. Suppletory Application of the Revised Penal Code and Other General or Special Laws. - The provisions of the Revised Penal Code and other general or special laws shall have a suppletory application to the provisions of this Act.
1. Whereas, under Republic Act No. 7610, known as the “Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act”, states that “... Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace ...” (Article X, Sec. 22).
2. Whereas, under Republic Act No. 9155, known as the
“Governance on Basic Education Act of 2001 ”, one of the purposes and objectives of the Department of Education (DepED) is “to establish schools and learning centers as facilities where schoolchildren are able to learn a range of core competencies prescribed for elementary and high school education programs or where the out-of-school youth and adult learners are provided alternative learning programs and receive accreditation for at least the equivalent of a high school education” [Sec. 3(g)]. 3. Whereas, the DepED is a direct service provider to Filipino children by providing quality basic education and is also a member of the Inter-Agency Committee in Children Involved in Armed Conflict (IAC-CIAC), which is under the oversight of the Office of the Presidential Adviser on the Peace Process (OPAPP).
4. Therefore, DepED affirms its commitment for the children by
declaring the “Schools as Zones of Peace”.
5. Furthermore, all concerned personnel in the Central and field
offices are mandated to make necessary actions to make all schools a place where children can receive utmost security and peace.
6. Immediate dissemination of and compliance with this Order is