Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 564

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

This bill seeks to reasonably compensate, at least financially, the loss suffered by
those wrongfully incarcerated by increasing the compensation of victims of unjust
imprisonment or detention and victims of violent crimes authorized under Republic Act
No. 7309 (RA 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.” In order to give the Board of Claims the wherewithal to
implement this proposal, the bill also proposes to increase the sources of funds for its
implementation. Lastly, this proposed legislation also mandates the Courts to notify victims
of unjust imprisonment or detention and victims of violent crimes the option to file for a
claim.

RA 7309 provides that the maximum amount for which the Board may approve a
claim "shall not exceed Ten Thousand Pesos, 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. " This
maximum amount has never changed since the passage of the law in 1992. The amount
provided in the law is no longer compatible with the present conditions due to inflation. It
is therefore not only timely but also just and equitable to make adjustments in the maximum
amount to be claimed in order to keep pace with the changing times.

As to the number of claimants, according to the Board of in the year 2021, it received
828 applications - of which 581 were granted and 68 were left pending. In 2022, there were
1,437 applicants and only 899 were granted. As of December of 2022, 118 applications for
claims are still pending. According to the Bureau of Jail Management and Penology. 7,118
individuals were acquitted in 2021. In 2022, 6,044 individuals were acquitted.

The numbers above beg for the question whether those who have been incarcerated
are aware of the existence of the Board of Claims. We can see that there is a large disparity
between the number of those who have been acquitted and of those who have actually filed
for claims for compensation. There may therefore be a need to inform these persons of their
option to file for a claim.


In view of the foregoing, the immediate passage of this bill is earnestly sought.

JAIME ‘SNEDI
Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 564

Introduced by Representative Jaime R. Fresnedi

AMENDING CERTAIN SECTIONS OF 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”

AN ACT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Short Title. - This Act shall be known as the “Wasted Lives Act”.

SEC. 2. Section 3 of 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,” is hereby amended to read as follows:

“SEC. 3. Who may File Claims. - The following may file claims for

compensation before the board:

a) any person who was unjustly accused, convicted, and imprisoned but
subsequently released by virtue of a judgment of acquittal OR ANY PERSON
WHO WAS UNJUSTLY ACCUSED AND IMPRISONED BUT
SUBSEQUENTLY RELEASED BY VIRTUE OF A JUDGMENT OF
DISMISSAL;

b) any person who was unjustly detained and released without being
charged;

©) any victim of arbitrary or illegal detention by the authorities as defined
in the Revised Penal Code under a final judgment of the court; and

4) any person who is a victim of violent crimes. For purposes of this Act,
violent crimes shall include rape and shall likewise refer to 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.”

SEC. 3. Section 4 of the same Act is hereby amended to read as follows:


“Sec. 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 [One thousand pesos (P1,000.00)| TEN
THOUSAND PESOS (P10,000.00) per month.

Inall other cases, the maximum amount for which the Board may approve a claim
shall not exceed [Ten thousand pesos (P10,000.00)] FIFTY THOUSAND PESOS
(P50,000.00) or the amount necessary to reimburse the claimant the expenses incurred
for hospitalization, medical treatment, loss of wage, loss of earning capacity, loss of
support or other expenses directly related to injury, whichever is [lower] HIGHER.
This is without prejudice to the right of the claimant to seek other remedies under
existing laws.”

SEC. 4. Section 9 of the same Act is hereby amended to read as follows:

“Sec. 9. Funding. ~ For purposes of this Act, the initial amount of Ten Million
(P10,000,000.00) is hereby authorized to be appropriated from the funds of the National
treasury not otherwise appropriated.

The subsequent annual funding shall also partly come from [One Percent (1%)}
THREE PERCENT (3%) of the net income of the Philippine Amusement and
Gaming Corporation and [One percent (1%)] THREE PERCENT (3%) of the
proceeds and sales and other disposition OF military camps in Metro Manila AND
OTHER AREAS IN THE COUNTRY by the Bases Conversion and Development
Authority.”

The proceeds from any contract relating to the depiction of a crime in a movie,
book, newspaper, magazine, radio or television production, or live entertainment, of
any kind, or in any other form of commercial exploitation of any convict's story.
recollection, opinion and emotions with regard to the offense committed shall not be
released to convict in a criminal case of his heirs, agents, assignees or successors in
interest is paid or arranged for, and the state is able to collect/assess fines and costs and
any other amounts due it in case of a conviction by final judgment. Such damages shall
include, but shall not be limited to, judicial awards, funeral expenses, medical expenses,
lost earning and the like.

To ensure the continuity of the funding requirements under this Act, the amount
of [Five Pesos (P5.00)] FIFTY PESOS (PS0.00) shall be set aside from each filing fee
in every civil case filed with the Court, the total proceeds of which shall constitute the
Victim's Compensation Fund to be administered by the Department of Justice.”

SEC. 5. A new section after Section 5 of the same Act shall be inserted which shall read as
follows:

“SEC. 5-A. DUTY OF THE COURTS TO NOTIFY. - IT SHALL BE
INCUMBENT UPON THE COURTS TO NOTIFY VICTIMS OF UNJUST
IMPRISONMENT AND VICTIMS OF VIOLENT CRIMES THAT THEY MAY
FILE FOR A CLAIM UNDER THIS ACT. SAID NOTIFICATION SHALL BE
INCLUDED IN THE RELEASE ORDER OF THE COURTS.”



SEC. 6. Separability Clause. — If any portion or provision of this Act is subsequently declared
invalid or unconstitutional, other provisions hereof which are not affected thereby shall remain in
full force and effect.

SEC. 7. Repealing Clause, ~All laws, decrees, ordinances, administrative order, rules and
regulations, or any part thereof, which are inconsistent with this Act are repealed or amended
accordingly.

SEC. 8. Effectivity. — This Act shall take effect fifteen (5) days after its publication in the
Official Gazette and at least two (2) newspapers of national circulation.

Approved,