Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
19TH CONGRESS 
First Regular Session 
HOUSE BILL NO. ___ 
Introduced by Representative Michael L. Romero  
EXPLANATORY NOTE
Republic Act No. 7309 is the law creating the Board of Claims under the 
Department of Justice (DOJ) granting compensation for victims of unjust 
imprisonment or detention and victims of violent crimes. 
One of the more disturbing 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. 
Who may apply for compensation? 
1. 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; 
2. 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
3. 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.
The claim should be filed with the Board by the person entitled to compensation 
under this Act within six (6) months after being released from imprisonment or 
February 23, 2023
3:11 pm
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detention or from the date he suffered damage or injury; otherwise he is deemed 
to have waived his claim. 
 
A claimant may file a claim with the board by filling up an application form 
provided for the purpose with the Secretariat of the Board of Claims, Department 
of Justice, Padre Faura Street, Ermita, Manila. Thereafter, he will be interviewed 
and he will be duly notified of the action taken by the Board. 
1. 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. 
2. 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. 
 
 
R. A. No. 7309 was published on 13 April 1992 in the Philippine Star and 
Philippine Daily Inquirer, hence, the effectivity day of R.A. No. 7309 is 14 April 
1992. 
 
The provisions of the Act shall be applied prospectively. All incidents or bases 
for filing an application under Sec. 3 of R.A. 7309 must have happened on or 
after 14 April 1992 and within the period provided for in No. 4, to be covered by 
the law. 
Section 8 provides that: "Any aggrieved claimant may appeal, within fifteen 
(15) days from receipt of the resolution of the Board, to the Secretary of Justice 
whose decision shall be final and executory." 
This House Bill seeks to provide prospective applicants with equitable benefits 
embodied under new and prevailing laws, policies and guidelines. To alleviate 
the lives of the victims of violent crimes and those who have been unjustly 
accused and imprisoned. 
  
Thus, the early passage of this bill is earnestly requested.  
 
 
MICHAEL L. ROMERO Ph.D.    
 
 
 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
19TH CONGRESS 
First Regular Session 
HOUSE BILL NO. ___ 
Introduced by Representative Michael L. Romero  
AN ACT 
AMENDING REPUBLIC ACT NO. 7309, ENTITLED “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” 
 SECTION 1. Section 1 of Republic Act No. 7309 is hereby amended 
to read as follows: 
“Section 1. Creation and Composition of the Board. – There is hereby 
created a Victims’ Compensation Program to be administered by the 
Board of Claims under the Department of Justice, hereinafter 
referred to as the Board, to be composed of one (1) chairman and two 
(2)
members to be designated by the Secretary of the said
Department.
SECTION 2. Section 2 of Republic Act No. 7309 shall be amended to 
read as follows: 
“Section 2. Powers and Functions of the Board. – The board shall 
have the following powers and functions: 
(a)
to receive, evaluate, process and investigate application for
claims under this Act;
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(b)  to conduct an independent administrative hearing and 
resolve application for claims, grant or deny the same; 
 
(c)  to 
COORDINATE 
WITH 
AND 
deputized 
appropriate 
government agencies in order to effectively implement its 
functions; 
 
(d)  to promulgate rules and regulations in order to carry out the 
objectives of this Act; 
 
(e)  TO 
UNDERTAKE 
PROJECTS 
AND 
MEASURES 
TO 
PROMOTE THE VICTIMS’ COMPENSATION PROGRAM; 
 
(f)  TO MONITOR AND ASSESS THE IMPLEMENTATION OF 
THE LAW AND; 
 
(g)  TO EXERCISE ALL THE POWERS NECESSARY TO CARRY 
OUT THE PROVISION/OBJECTIVES OF THE LAW.” 
 
SECTION 3. Section 3 of Republic Act No. 7309 is herein amended to 
read as follows: 
 
“Section 3. Who may File Claims – The following may file claims for 
compensation:  
 
(a)  
any person who was unjustly accused, and imprisoned, 
but subsequently released by virtue of a judgement of 
acquittal BY THE COURT BASED ON HIS INNOCENCE AND 
NOT ON A FINDING OF REASONABLE DOUBT; 
 
(b)  
any person who was unjustly detained and released 
without being charged; 
 
(c)  
any victim of arbitrary or illegal detention by the 
authorities as defined in the Revised Penal Code AND AS 
DECIDED IN a judgement of the trial court; 
 
(d)  
any person who is a victim of violent crime. For 
purposes of this Act shall include but shall not be limited to 
rape, 
HOMICIDE, 
MURDER, 
SERIOUS 
PHYSICAL 
INJURIES, HUMAN TRAFFICKING, KIDNAPPING OR 
SERIOUS ILLEGAL DETENTION, and shall likewise refer to 
crimes committed with malice which resulted in death or 
serious physical/or psychological injuries, permanent in 
capacity or disability, insanity, abortion, serious trauma, or 
committed with torture, cruelty or barbarity; 
 


 
 
(e)  
ANY CHILD WHO IS A VICTIM OF SEXUAL ABUSE 
UNDER SECTION 5(B) OF REPUBLIC ACT NO. 7610, AS 
AMENDED; AND  
 
(f)  
ANY PERSON WHO IS A VICTIM OF AN OFFENSE 
WHERE THE LAW ALLOWS COMPENSATION.”  
 
SECTION 4. Section 4 of Republic Act No. 7309 shall be amended to 
read as follows: 
 
“Section 4. Award Ceiling. – For victims of unjust imprisonment or 
detention, the compensation shall be based on the number of months 
of imprisonment or detention and every fraction thereof shall be 
considered one month: Provided, however, that in no case shall such 
compensation exceed FIVE THOUSAND PESOS (₱5,000.00) PER 
MONTH NOT EXCEEDING THREE HUNDRED THOUSAND PESOS 
(₱300,000.00). 
 
In all other cases, the maximum amount for which the Board may 
approve a claim shall not exceed FIFTY THOUSAND PESOS 
(₱50,000.00). 
 
This is without prejudice to the right of the claimant to seek other 
remedies under existing laws.”  
 
SECTION 5. Section 5 Republic Act No. 7309 is hereby amended to 
read as follows:  
 
“Section 5. When to File Claims. – Any person entitled to compensation 
under this Act must within one (1) year after being released from 
imprisonment or detention, or from the date the victim suffered 
damage or injury, file his claim with the [Department, otherwise, he is 
deemed to have waive the same. Except as provided for in this Act, no 
waiver of claims whatsoever is valid.] BOARD OF CLAIMS OR ANY OF 
THE PROSECUTION OFFICES WITHIN ONE (1) YEAR: 
 
(a) AFTER CLAIMANT IS RELEASED FROM PRISON OR 
DETENTION; 
 
(b) FROM THE DATE THE TRIAL COURT HAS RENDERED ITS 
JUDGEMENT IN CASES OF ARBITARY DETENTION; 
 
(c)  
FROM THE DATE THE VICTIM SUFFERED DAMAGE 
OR INJURY; 
 


 
 
(d) FROM THE DATE OF DISCOVERY OR REPORTING OF 
THE INCIDENT OF RAPE; 
 
(e) FROM THE DATE OF RELEASE OR RESCUE IN CASES OF 
HUMAN TRAFFICKING, AND OSAEC, KIDNAPPING OR 
SERIOUS ILLEGAL DETENTION 
 
IN 
CASES 
OF 
ENFORCED 
OR 
INVOLUNTARY 
DISAPPEARANCE, THE PROVISIONS OF RA 10353 SHALL 
APPLY.” 
 
SECTION 6. Section 6 Republic Act No. 7309 is hereby amended to read 
as follows: 
 
“Section 6. Filing of Claims by Heirs. In case of death or in capacity of 
any person entitled to any award under this Act, the claim may be filed 
by his heirs, in the following order: by spouse, children, natural 
parents, brother and/or sister, GRANDPARENT WHO HAS CUSTODY 
OF THE MINOR OF LEGAL GUARDIAN.” 
 
SECTION 7. The following provision is hereby inserted as the new Section 
9 of the same Act, to read as follows: 
 
“SECTION 9. SECRETARIAT – THE BOARD SHALL ESTABLISH A 
SECRETARIAT 
AND 
DETERMINE 
THE 
ORGANIZATIONAL 
STRUCTURE AND ITS STAFFING PATTERN OF THE BOARD WITH 
THE CORRESPONDING HONORARIA.” 
 
SECTION 8. The former Section 9 of Republic Act No. 7309 is hereby 
renumbered and amended to read as follows: 
 
“SECTION 10. FUNDING. – [For purposes of this Act, the initial 
amount of Ten Million Pesos (₱10,000,000.00) is hereby authorized to 
be appropriated from the funds of the National Treasury not otherwise 
appropriated.] 
 
THE AMOUNT NECESSARY TO IMPLEMENT THE PROVISIONS OF 
THIS ACT SHALL BE CHARGED AGAINST THE CURRENT YEAR’S 
APPROPRIATIONS OF THE BOARD OF CLAIMS UNDER THE 
BUDGET OF THE DEPARTMENT OF JUSTICE. THEREAFTER, 
SUCH SUMS AS MAY BE NECESSARY FOR THE CONTINUED 
IMPLEMENTATION OF THIS ACT SHALL BE INCLUDED IN THE 
ANNUAL GENERAL APPROPRIATIONS ACT. 
 
The subsequent annual funding shall also partly come from THREE 
PERCENT (3%) of the net income from Philippine Amusement and 
Gaming Corporation.   


 
 
 
To ensure the continuity of the funding requirements under this Act, 
the amount of FIFTY PESOS (₱50.00) shall be set aside from each 
filing fee in every civil case filed with the court, the total proceeds of 
which shall constitute the Victims’ Compensation Fund to be 
administered by the BOARD OF CLAIMS” 
 
SECTION 9. A new provision of Section 11 is hereby inserted to read as 
follows: 
 
“SECTION 11. TRUST FUND. – THE FUNDS REMITTED 
FROM THE PAGCOR UNDER 2ND PARAGRAPH OF 
SECTION 
10 
HEREOF 
AND 
THE 
VICTIMS’ 
COMPENSATION FUND UNDER 3RD PARAGRAPH OF 
SECTION 10 SHALL ACCRUE TO A TRUST FUND TO BE 
ADMINISTERED AND MANAGED BY THE BOARD TO BE 
USED EXCLUSIVELY FOR PROGRAMS WHICH SHALL 
INCLUDE BUT NOT LIMITED TO THE FOLLOWING: 
 
(A) FOR THE PURPOSE OF PAYMENT COMPENSATION 
FOR THE COVERED VICTIMS; 
(B) PROVISION FOR THE NECESSARY TECHNICAL AND 
ADMINISTRATIVE 
SUPPORT 
SERVICES 
TO 
THE 
BOARD; 
(C) FOR OPERATING EXPENSES OF THE BOARD SUCH AS 
PAYMENT OF HONORARIA TO THE PERSONNEL AND 
PROCUREMENT OF THE NECESSARY EQUIPMENT 
FOR 
THE 
USE 
OF 
THE 
PERSONNEL 
IN 
THE 
DELIVERING OF THEIR SERVICES; 
(D) PROMOTION OF INFORMATION AND DISSEMINATION 
CAMPAIGN ON VICTIM COMPENSATION PROGRAM. 
 
SECTION 10. IMPLEMENTING RULES AND REGULATIONS. – Within 
thirty (30) days from the approval of this Act, the Board shall promulgate 
the necessary Rules and Regulations for the effective implementation of this 
Act. 
 
SECTION 11. REPEALING CLAUSE. – All laws, decrees, executive orders, 
rules and regulations or parts thereof which are contrary to or inconsistent 
with this Act hereby repealed, amended or modified accordingly.  
 
SECTION 12. SEPARABILITY CLAUSE. – If for any reason any section or 
provision of this Act shall be declared unconstitutional or invalid, no other 


 
 
section or provision of this Act which are not affected thereby shall continue 
in force and effect. 
 
SECTION 13. EFFECTIVITY. – This Act shall take effect after fifteen (15) 
days following its publication in two (2) newspapers of general circulation.