collection of Philippine laws, statutes and codesnot
included or cited in themain indicesof
theChan Robles Virtual Law Library This page features the full text of
Republic Act No. 8505.
ACT NO. 8505AN
AND PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR THE PURPOSE A RAPE
CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE APPROPRIATION OF
THEREFOR, AND FOR OTHER PURPOSES.
Section 1. Title. —
Act shall be known as the "Rape Victim Assistance and Protection
Sec. 2. Declaration
of policy. — It is hereby declared the policy of the State to
necessary assistance and protection for rape victims. Towards this end,
the government shall coordinate its various agencies and non-government
organizations to work hand in hand for the establishment and operation
of a rape crisis center in every province and city that shall assist
protect rape victims in the litigation of their cases and their
Sec. 3. Rape Crisis
Center. — The Department of Social Welfare and Development (DSWD),
the Department of Health (DOH), the Department of the Interior and
Government (DILG), the Department of Justice (DOJ), and a lead
organization (NGO) with proven track record or experience in handling
abuse cases, shall establish in every province and city a rape crisis
located in a government hospital or health clinic or in any other
place for the purpose of:cralaw:red
with psychological counselling, medical and health services, including
their medico-legal examination;
(b) Securing free
assistance or service, when necessary, for rape victims;
(c) Assisting rape
in the investigation to hasten the arrest of offenders and the filing
cases in court;
(d) Ensuring the
and safety of rape victims;
counselling and medical services whenever necessary for the family of
(f) Developing and
a training program for law enforcement officers, public prosecutors,
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
programs for the recovery of rape victims.
The DSWD shall be the lead
in the establishment and operation of the Rape Crisis Center.
Sec. 4. Duty of the
Police Officer. — Upon receipt by the police of the complaint for
it shall be the duty of the police officer to:cralaw:red
case to the prosecutor for inquest/investigation if the accused is
otherwise, the rules of court shall apply;
(b) Arrange for
and medical services for the offended party; and
(c) Immediately make
on the action taken.
It shall be the duty
the police officer or the examining physician, who must be of the same
gender as the offended party, to ensure that only persons expressly
by the offended party shall be allowed inside the room where the
or medical or physical examination is being conducted.
For this purpose, a women's
desk must be established in every police precinct throughout the
to provide a police woman to conduct investigation of complaints of
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
thereof to the same office.
Sec. 5. Protective
measures. — At any stage of the investigation, prosecution and
of a complaint for rape, the police officer, the prosecutor, the court
and its officers, as well as the parties to the complaint shall
the right to privacy of the offended party and the accused. Towards
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
of the parties, order a closed-door investigation, prosecution or trial
and that the name and personal circumstances of the offended party
the accused, or any other information tending to establish their
and such circumstances or information on the complaint shall not be
to the public.
or prosecutor shall inform the parties that the proceedings can be
in a language or dialect known or familiar to them.
Sec. 6. Rape shield.
— In prosecutions for rape, evidence of complainant's past sexual
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
and relevant to the case.
Sec. 7. Appropriations.
— For the establishment and operation of the rape crisis centers
the first year of implementation of this Act, the amount of One hundred
twenty million pesos (P120,000,000.00) shall be charged against the
Adjustment Fund, as follows: Sixty million pesos (P60,000,000.00) for
DSWD; and Twenty million pesos (P20,000,000.00) each for the DOH, DILG,
and DOJ, respectively. Thereafter, the necessary amount for the rape
centers shall be included in the budgetary allocations for the agencies
concerned in the annual General Appropriations Act.
Sec. 8. Implementing
rules and regulations. — Within ninety (90) days upon the approval
of this Act, all concerned agencies shall formulate rules and
as may be necessary for the proper implementation thereof.
Sec. 9. Separability
clause. — If any part, Sec. or provision of this Act is declared
invalid or unconstitutional, the other parts thereof not affected
shall remain valid.
Sec. 10. Repealing
clause. — All laws, acts, presidential decrees, executive orders,
orders, rules and regulations inconsistent with or contrary to the
of this Act are deemed amended, modified or repealed accordingly.
Sec. 11. Effectivity.
— This Act shall take effect fifteen (15) days after completion of its
publication in at least two (2) newspapers of general circulation.
February 13, 1998
to Top - Back
to Main Index - Back
All Rights Reserved