TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
Senate Bill No. 242
25 JUL-8 P5«5
1\
Introduced by Senator JOEL VILLANUEVA
AN ACT
AMENDING REPUBLIC ACT NO. 7309, OTHERWISE KNOWN AS 
"AN ACT CREATING A BOARD OF CLAIMS UNDER THE 
DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST 
IMPRISONMENT OR DETENTION, AND VICTIMS OF VIOLENT 
CRIMES, AND FOR OTHER PURPOSES"
EXPLANATORY NOTE
The very first provision of the Bill of Rights in our Constitution states that "No 
person shall be deprived of life, liberty, or property without due process of law, nor 
shall any person be denied the equal protection of the laws." Yet, despite this 
fundamental guarantee, there continue to be cases where individuals are wrongfully 
accused and imprisoned for crimes they did not commit.
Republic Act No. 7309 creating the Board of Claims, which was passed into law 
over 30 years ago, is the enabling law that provides for a system of compensation to 
those who were unjustly detained or imprisoned, and those who were victims of 
violent crimes.
Through the Board of Claims, the State provides reparations and support to 
individuals whose lives have been unjustly disrupted. While no amount of money can 
undo the trauma and grief they endured, financial assistance can play an important 
role in helping them recover and start anew.
Under the law, victims are entitled to PI,000 for each month of unjust detention 
or imprisonment, but in no case higher than P10,000. While the minimum 
compensation of PI,000 per month may be adequate in 1992, such amount is not


enough considering the rise in prices over the 30 years since the law's enactment. The 
goods that could be bought with such amount will now cost around P4,700.1
The United Nations Office on Drugs and Crime (UNODC), in its Handbook on 
Justice for Victims, emphasized that compensation schemes should reflect not just 
symbolic restitution but real, meaningful support to enable the victim's rehabilitation 
and recovery.2
The proposed measure seeks to enhance victim compensation by increasing the 
amount of financial assistance, extending the period for filing claims, and introducing 
a provision for the remote filing of claims. These amendments aim to strengthen the 
capacity of the Board of Claims to more effectively carry out its mandate.
Thus, the immediate passage of this bill is earnestly sought.
JOE^yiLLANUEVA
1 
According to the Inflation Calculator available at https://filgit.com/philippine-inflation-calculator/ (Accessed on 
18 May 2025). Exact equivalent is P4,684.96 (equivalent to an increase of 368.50%).
2 
United Nations Office for Drug Control and Crime Prevention. Handbook on Justice for Victims (1999). Available 
at https://www.unodc.org/pdf/criminalJustice/UNODC_Handbook_on_Justice_for_victims.pdf (Accessed on 
18 May 2025).


TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
25 JUL -8 ?5 :05
SENATE
iU,
Senate Bill No.
Introduced by Senator JOEL VILLANUEVA
AN ACT
AMENDING REPUBLIC ACT NO. 7309, OTHERWISE KNOWN AS 
"AN ACT CREATING A BOARD OF CLAIMS UNDER THE 
DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST 
IMPRISONMENT OR DETENTION, AND VICTIMS OF VIOLENT 
CRIMES, AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
SECTION 1. Section 1 of Republic Act No. 7309 is hereby amended to read
2 
as follows:
3 
"Section 1. Creation and Composition of the Board. - There is
4 
hereby created a Board of Claims under the Department of Justice
5 
(DOJ), hereinafter referred to as the Board, to be composed of one
6 
(1) chairman and two (2) members to be designated by the Secretary
7 
of the said department. THE BOARD SHALL HEREBY
8 
ADMINISTER THE VICTIMS' COMPENSATION PROGRAM, AS
9 
PROVIDED UNDER THIS ACT."
10 
SEC. 2. Section 2 of Republic Act No. 7309 is hereby amended to read as
11 
follows:


1 
"Section 2. Powers and Functions of the Board. - The Board shall
2 
have the following powers and functions:
3 
a) to receive, evaluate, process, and investigate application for
4 
claims under this Act;
5 
b) to conduct an independent administrative hearing and resolve
6 
application for claims, grant or deny the same;
7 
c) to COORDINATE WITH AND deputize appropriate government
8 
agencies in order to effectively implement its functions; [af>^]
9 
d) to promulgate rules and regulations in order to carry out the
10 
objectives of this Act[7];
11 
e) TO UNDERTAKE PROJECTS AND MEASURES TO PROMOTE
12 
THE VICTIMS' COMPENSATION PROGRAM;
13 
f) TO MONITOR AND ASSESS THE IMPLEMENTATION OF
14 
THIS ACT; AND
15 
g) TO EXERCISE ALL THE POWERS NECESSARY TO CARRY
16 
OUT THE PROVISIONS AND/OR 
OBJECTIVES OF THIS
17 
ACT."
18 
SEC. 3. Section 3 of Republic Act No. 7309 is hereby amended to read as
19 
follows:
20 
"Section 3. Who may File Claims. - The following may file claims
21 
for compensation:
22 
a) any person who was unjustly accused, convicted, and
23 
imprisoned, but subsequently released by virtue of a judgement
24 
of acquittal BY THE COURT BASED ON HIS INNOCENCE
25 
AND NOT ON A FINDING OF REASONABLE DOUBT;
26 
b) any person who was unjustly detained and released without
27 
being charged;
28 
c) any victim of arbitrary or illegal detention by the authorities as
29 
defined in the Revised Penal Code 
AND AS DECIDED IN
30 
[under] a judgment of the trial court; [af>d]
31 
d) any person who is a victim of violent crime. For purposes of this
32 
Act, violent crimes shall include, BUT NOT 
BE LIMITED TO,


1 
rape, HOMICIDE, MURDER, SERIOUS PHYSICAL
2 
INJURIES, HUMAN TRAFFICKING, ONLINE SEXUAL
3 
ABUSE OR EXPLOITATION OF CHILDREN (OSAEC),
4 
KIDNAPPING OR SERIOUS ILLEGAL DETENTION, and shall
5 
likewise refer to offenses committed with malice which resulted
6 
in death or serious physical and/or psychological injuries,
7 
permanent incapacity or disability, insanity, abortion, serious
8 
trauma, or committed with torture, cruelty or barbarity^];
9 
e) ANY CHILD WHO IS A VICTIM OF SEXUAL ABUSE UNDER
10 
SECTION 5(B) OF REPUBLIC ACT NO. 7610, AS
11 
AMENDED, OTHERWISE KNOWN AS THE 'SPECIAL
12 
PROTECTION OF CHILDREN AGAINST ABUSE,
13 
EXPLOITATION AND DISCRIMINATION ACT'; AND
14 
f) ANY PERSON WHO IS A VICTIM OF AN OFFENSE WHERE
15 
THE LAW ALLOWS COMPENSATION."
16 
SEC. 4. Section 4 of Republic Act No. 7309 is hereby amended to read as
17 
follows:
18 
"Section 4. Award Ceiling. - For victims of unjust imprisonment
19 
or detention, the compensation shall be based on the number of
20 
months of imprisonment or detention and every fraction thereof shall
21 
be considered one month: Provided, however, That in no case shall
22 
such compensation exceed [One Thousand Pesos (P1,000.00)] TEN
23 
THOUSAND PESOS (P10,000.00) per month, NOT EXCEEDING
24 
THREE HUNDRED THOUSAND PESOS (P300,000.00).
25 
In all other cases, the maximum amount for which the Board may
26 
approve a claim shall not exceed [Ten-Thousand Pesos (Pl-0,Q0O.0Q-)]
27 
FIFTY THOUSAND PESOS (P50,000.00) or the amount necessary
28 
to reimburse the claimant the expenses incurred for hospitalization,
29 
medical treatment, loss of wage, loss of support, or other expenses
30 
directly related to the injury, whichever is lower.
31 
This is without prejudice to the right of the claimant to seek other
32 
remedies under existing laws. THE AMOUNTS HEREIN PROVIDED


1 
SHALL BE ADJUSTED EVERY FIVE (5) YEARS TO ACCOUNT
2 
CONSIDERING THE PREVAILING COST OF MONEY BASED ON
3 
THE CURRENT CONSUMER PRICE INDEX."
4 
SEC. 5. Section 5 Republic Act No. 7309 is hereby amended to read as
5 
follows:
6 
"Section 5. When to File Claims. - Any person entitled to
7 
compensation under this Act must [within six (-6) months after-beifig
8 
released from imprisonment or detention, or from the date the victim
9 
suffered damage or injury,] file his/HER claim with the [DopartmentJ
10 
BOARD OF CLAIMS OR ANY OF THE PROSECUTION OFFICES
11 
WITHIN ONE (1) YEAR otherwise, he/SHE is deemed to have
12 
waived the same:
13 
a) AFTER THE CLAIMANT IS RELEASED FROM PRISON OR
14 
DETENTION;
15 
b) FROM THE DATE THE TRIAL COURT HAS RENDERED ITS
16 
JUDGEMENT IN CASES OF ARBITARY DETENTION;
17 
c) FROM THE DATE THE VICTIM SUFFERED DAMAGE OR
18 
INJURY;
19 
d) FROM THE DATE OF DISCOVERY OR REPORTING OF THE
20 
INCIDENT OF RAPE; OR
21 
e) FROM THE DATE OF RELEASE OR RESCUE IN CASES OF
22 
HUMAN TRAFFICKING, ONLINE SEXUAL ABUSE OR
23 
EXPLOITATION OF CHILDREN (OSAEC), KIDNAPPING OR
24 
SERIOUS ILLEGAL DETENTION.
25 
IN CASES OF ENFORCED 
OR INVOLUNTARY
26 
DISAPPEARANCE, THE PROVISIONS OF REPUBLIC 
ACT NO.
27 
10353, OTHERWISE KNOWN AS THE 'ANTI-ENFORCED OR
28 
VOLUNTARY DISAPPEARANCE ACT OF 2012' SHALL APPLY.
29 
Except as provided for in this Act, no waiver of claim whatsoever is
30 
valid."
31 
SEC. 6. A new Section 5-A is hereby inserted after Section 5 of Republic Act
32 
No. 7309, to read as follows:


1 
"SEC. 5-A. REMOTE FILING OF CLAIMS. - ANY PERSON
2 
ENTITLED TO COMPENSATION UNDER THIS ACT MAY FILE
3 
HIS/HER CLAIM REMOTELY, SUBJECT TO RULES AND
4 
REGULATIONS WHICH SHALL BE PROMULGATED BY THE
5 
BOARD WITH THE GOAL OF STREAMLINING REQUIREMENTS
6 
TO ENHANCE ACCESSIBILITY AND EFFICIENCY."
7 
SEC. 7. Section 6 Republic Act No. 7309 is hereby amended to read as
8 
follows:
9 
"Section 6. Filing of Claims by Heirs. - In case of death or
10 
incapacity of any person entitled to any award under this Act, the claim
11 
may be filed by his/HER heirs, in the following order: by his/HER
12 
surviving spouse, children, natural parents, brother and/or sister,
13 
GRANDPARENT WHO HAS CUSTODY OF THE MINOR, OR
14 
LEGAL GUARDIAN."
15 
SEC. 8. Section 9 of Republic Act No. 7309 is hereby amended to read as
16 
follows:
17 
"Section 9. Funding. - For purposes of this Act, [the initial
18 
amount of Ten Million Pesos (P10,000,000.QO) is hereby authorized to
19 
bo appropriated from the funds of the National Treasury not othorwiso
20 
appropriated] THE INITIAL AMOUNT NECESSARY TO
21 
IMPLEMENT THE PROVISIONS OF THIS ACT SHALL BE
22 
CHARGED AGAINST THE CURRENT YEAR'S APPROPRIATIONS
23 
OF THE BOARD OF CLAIMS UNDER THE BUDGET OF THE
24 
DEPARTMENT OF JUSTICE. THEREAFTER, SUCH AMOUNT AS
25 
MAY BE NECESSARY FOR THE CONTINUED IMPLEMENTATION
26 
OF THIS ACT SHALL BE INCLUDED IN THE ANNUAL GENERAL
27 
APPROPRIATIONS ACT.
28 
The subsequent annual funding shall also partly come from [one
29 
percent (1%)] THREE PERCENT (3%) of the net income of the
30 
Philippine Amusement and Gaming Corporation (PAGCOR) 
and [one
31 
percent (-1%)] THREE PERCENT (3%) of the proceeds and sales


1 
and other disposition of military camps in Metro Manila by the Bases
2 
Conversion and Development Authority (BCDA).
3 
To ensure the continuity of the funding requirements under this
4 
Act, the amount of [Five Pesos (fS.OO)] FIFTY PESOS (P50.00)
5 
shall be set aside from each filing fee in every civil case filed with the
6 
court, the total proceeds of which shall constitute the Victims'
7 
Compensation Fund to be administered by the [Department of Justice]
8 
BOARD OF CLAIMS '
9 
SEC. 9. A new Section 9-A is hereby inserted to read as follows:
10 
"SECTION 9-A. SECRETARIAT. - THE BOARD SHALL
11 
ESTABLISH A SECRETARIAT AND 
DETERMINE THE
12 
ORGANIZATIONAL STRUCTURE AND THE STAFFING PATTERN
13 
OF THE BOARD WITH THE CORRESPONDING HONORARIA,
14 
SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF
15 
BUDGET AND MANAGEMENT IN ACCORDANCE WITH
16 
RELEVANT CIVIL SERVICE RULES AND REGULATIONS."
17 
SEC. 10. A new Section 10-A is hereby inserted to read as follows:
18 
"SECTION 10-A. TRUST FUND. - THE FUNDS REMITTED
19 
FROM THE PAGCOR AND THE VICTIMS' COMPENSATION
20 
FUND UNDER SECTION 10 OF THIS ACT SHALL ACCRUE TO A
21 
TRUST FUND TO BE ADMINISTERED AND MANAGED BY THE
22 
BOARD, WHICH SHALL BE USED EXCLUSIVELY FOR THE
23 
FOLLOWING PROGRAMS, INCLUDING BUT NOT BUT NOT
24 
LIMITED TO:
25 
a) FOR THE PURPOSE OF PAYMENT COMPENSATION FOR
26 
THE COVERED VICTIMS;
27 
b) PROVISION FOR THE NECESSARY 
TECHNICAL AND
28 
ADMINISTRATIVE SUPPORT SERVICES TO THE BOARD;
29 
c) FOR OPERATING EXPENSES OF THE BOARD, SUCH AS
30 
PAYMENT OF HONORARIA TO THE PERSONNEL AND
31 
PROCUREMENT OF THE NECESSARY EQUIPMENT FOR


1 
THE USE OF THE PERSONNEL IN THE DELIVERY OF THEIR
2 
SERVICES;
3 
d) PROMOTION OF INFORMATION AND DISSEMINATION
4 
CAMPAIGN ON VICTIM COMPENSATION PROGRAM.
5 
SEC. 11. Implementing Rules and Regulations. - Within thirty (30)
6 
days from the approval of this Act, the Board of Claims, upon consultation with
7 
relevant stakeholders, shall promulgate the necessary rules and regulations for the
8 
effective implementation of this Act.
9 
SEC. 12. Separability Clause. - If any portion or provision of this Act is
10 
declared unconstitutional, the remainder hereof or any provisions not affected
11 
thereby shall remain in force and effect.
12 
SEC. 13. Repealing Clause. - Any law, presidential decree or issuance,
13 
executive order, letter of instruction, rule, or regulation inconsistent with the
14 
provisions of this Act is hereby repealed or modified accordingly.
15 
SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its
16 
complete publication in the Official Gazette or in a newspaper of general
17 
circulation.
Approved,