Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGR
First Regular Session

3891

HOUSE BILL NO.

Introduced by RE)

EVELINA G. E

EXPLANATORY NOTE

The Board of Claims was created to resolve applications for claims for compensation by
vietims of unjust imprisonment, detention and victims of violent crimes. However, compensation
provided, as well as funding allocation, since its creation in 1992 has remained the same and is thus
insufficient as proper compensation in present times

This bill aims to reasonably compensate, at least financially. the loss suffered by the victims
of unjust imprisonment by increasing the compensation of victims of unjust imprisonment or
detention and victims of violent crimes authorized under Republic Act No. 7309 from P1,000 to
3,000 per month, while providing guidelines for establishing such claims. This bill also proposes
increasing annual funding and inereased allocation for the Victims Compensation Fund.

~~ EVELINA G.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEV!

HOUSE

BILL NO. 0, 3891

ELINA G. I

RO

AN ACT
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO, 7309, ENTITLED, “AN
ACTCREATING 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 the House of Representatives of the Philippines in Congress
assembled.

SECTION 1. Section 4 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:

c. 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)] THREE THOUSAND PESOS
(P3,000,00) per month:

In all other cases, the maximum amount for which the Board may approve a claim shall not
ed [Ten Thousand Pesos (P10,000.00)] FIFTY THOUSAND PI ESOS (P50,000.00) 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 injury, whichever is
lower. ‘This is without prejudice to the right of the claimant to seek other remedies under existing
Jaws.”

ex

SEC.
7309. to read

A new section, Section 4-A. is hereby inserted after Section 4 of Republic Act No,
follows:

“SEC. 4-A. CIVIL ACTION FOR UNJUST CONVICTION AND IMPRISONMENT.
NOTWITHSTANDING THE PROVISIONS OF THIS ACT OR ANY OTHER PERTINENT
LAW, ANY PERSON UNJUSTLY CONVICTED AND SUBSEQUENTLY IMPRISONED FOR
ONE OR MORE CRIMES WHICH HE DID NOT COMMIT MAY, UNDER THE CONDITIONS
HEREINAFTER PROVIDED, BRING AN ACTION FOR DAMAGES BEFORE ANY COURT
OF COMPETENT JURISDICTION.



THE PERSON, HEREINAFTER REFERRED TO AS THE “CLAIMAINT™, SHALL
ESTABLISH THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE THAT:

(1) HE WAS UNJUSTLY CONVICTED OF A CRIME AND SUBSEQUENTLY
SENTENCED TO A TERM OF IMPRISONMENT, AND HAS SERVED ALL OR
ANY PART OF HIS SENTENCE;

Q) HE DID NOT COMMIT THE CRIME FOR WHICH HE WAS CONVICTED; AND

(3) HE DID NOT BY HIS OWN CONDUCT CAUSE OR BRING ABOUT HIS
CONVICTION,

THE ACTION INITIATED BY A VERIFIED PETITION CONTAINING STATEMENT
OF THE FACTS CONCERNING THE CLAIM FOR DAMAGES, SHALL BE BROUGHT BY
THE CLAIMANT WITHIN A PERIOD OF TWO YEARS AFTER HIS RELEASE FROM
IMPRISONMENT

DAMAGES AWARDED PURSUANT TO THIS SECTION SHALL NOT EXCEED
TWICE THE AMOUNT OF THE CLAIMANTS INCOME IN THE YEAR PRIOR TO HIS
INCARCERATION OR ONE HUNDRED THOUSAND PESOS (P100.000.00) FOR EACH
YEAR OF INCARCERATION, WHICHEVER IS GREATER. IN ADDITION, THE
CLAIMANT SHALL BE ENTITLED TO RECEIVE REASONABLE ATTORNEY'S FEES

A PERSON SERVING A TERM OF IMPRISONMENT FOR A CRIME OTHER THAN A
CRIME FOR WHICH HE WAS MISTAKENLY CONVICTED SHALL NOT BE ELIGIBLE TO.
FILE A CLAIM FOR DAMAGES PURUSANT TO THE PROVISIONS OF THIS SECTION.

A PERSON SHALL NOT BE ELIGIBILE TO FILE A CLAIM FOR DAMAGES
PURSUANT TO THE PROVISIONS OF THIS SECTION IF THE SENTENCE FOR THE
CRIME OF WHICH THE PERSON WAS MISTAKENLY CONVICTED WAS SERVED
CONCURRENTLY WITH THE SENTENCE FOR THE CONVICTION OF ANOTHER CRIME,

SEC. 3. Section 9 of Republic Act No. 7309 is hereby amended to read as follows:

a

“Sec. 9, Funding. — For purposes of this Act, the initial amount of Ten Million Pes
(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 fone
percent (1%)] THREE PERCENT (3%) of the proceeds and sales and other disposition and military
camps in Metro Manila by the Bases Conversion and Development Authority

e proceeds from any contract relating to the depiction of a crime in «
newspaper, magazine, radio of television production, or live entertainment, of any kind, or in any
other form of commercial exploitation of any conviet’s story, recollection, opinion and emotions
With regard to the offense committed shall not be released to convict in a criminal case or his hei
agents, assignees or successors in interest until full compensation for damages suffered by or
awarded to the victim, his heirs 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.

movie, book,



To ensure the continuity of the funding requirements under this Act, the amount of [Five
Pesos (P5.00)] THIRTY PESOS (P30.00) 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. 4. Repealing Clause. ~ All decrees, executive orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby deemed repealed, or modified
accordingly.

SEC. 5. Effectivity Clause - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,