Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No.5 0 2 9
Introduced by Hon. MARVIN C. RILI®
Represeritcrfuje, Fourth Distriet, Quezon Citg
EXPLANATORY NOTE
Section  1  Article  IH Of the  1987  Phittppine  Corrstifufion sta:tes that,  "o
person shall be deprived of life, liberty or property without due process of law,
or  shall  any  person  be  denied  the  equal  protection  of the  laws."  In  a broad
sense,  right  to  due  process  is  the  right  to  be  treated  falrly,  efficiently  and
effectively by the administration of justice.
Republic Act No. 7309 created the Board of Claims (BOC) to compensate
the victims of unjust imprisonment or detention and victims of violent crimes.
This law was enacted in 1992 and the value of the award has not kept up with
the  changing  times.   Now,  it  is  time  to  amend  a  20  years  old  law  that
compensates victims of heinous crimes and those who have been wrongfully
convicted.
Thus,   this  bill  aims  to  reasonably  compensate,   at  least  financially
increased the wrongfully-detained persons or 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  P5,000  per  month,  while  providing
guidelines  for  establishing  such  claims.  This  bill  also  proposes  increasing
annual funding and increased allocation for the Victims Compensation F`und.
On  behalf  of  the  people  of  the  Fourth  District  of  Quezon  City,  the
approval of this Bill is earnestly sought.
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
F`irst Regular Session
House Bill No.  5 02 9
Introduced by REPRESENTATIVE MARVIN C. RILIO
«AN ACT AMENDIHG sEc'rloN 4 AND 9 OF REpuBLlc ACT NO.
7309  ENTITLED,  "AN  ACT  CREATING  A  BOARD  0F  CLAIMS
UNDER  THE  DEPARTMENT  OF  .USTICE  FOR  VICTIMS  OF
UNJUST  IMPRISONMENT  OR  DETENTION  AND  VICTIMS  OF
vloLENT cRIMEs AND FOR orHBR puRposEs"
Be it enacted bg the  Serute and House Of Represeritafiue Of the Phitippines in
Corvgress crssernbled:
SE®"0"  1. Section 4 Of Repubtic Act No.  7309, othewise l<now.n. 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:
"See.  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: Prol;tcze4 hotueuer, That in no case
shall  such  compensation  exceed  [One  thousand  pecoo  (P  1,000)I
FIVE THOUSAND PESOS (P5,000.00| per month.
"In  all  other  cases,  the  maximum  amount  for which  the  Board,
may   approve   a   claim   shall   not  exceed   [Ten   thouonnd   pesos
(Plo,000.00)I   Fury  THOUSAND   PESOS   (P50,000.col   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 laws.
THE   DAMAGrs   AWARDED   puRsuANT   TO   THls   SECTION
SIIALL    NOT    EXCEED    TWICE    THE    AMOUNT    OF    THE
CLAIMANT's    INCOME    IN    THE    YEAR    PRIOR    TO   `THE
CLAIMANT'S INCARCERATION OR ONE HURDRED THOusiAVD
PESOS  (Plco,000.cO)  FOR  EACH  YEAR  OF  INCARCERATION,
WIIICIIEVER IS HIGHER. IN ADDITION, THE CLAIMANT SIIALL
BE ENTITLED TO RECEIVE REASONABLE ATTORNEY's F`EES."
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SEC. 2.  Secfron 9 a/Repttbzie Act IVo.  7309 is hereby amended to read as
follows:
"See. 9. Funding - For purposes of this Act, the initial amount of
Ten  Million  Pesos  (Plo,000,OOO.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  [ene
percent  (1%)I  TmRE  PRICEHT  (3%)  of the  net  income  of the
Philippine Amusement and Gaming Corporation and  [one percent
{1%)I THREE PERCENT (3%) of the proceeds and sales and other
disposition  and  military  camps  in  Metro  Manila  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 or his heirs,  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.
To ensure the continuity of the funding requirements under this
Act,  the amount of [Five  Pesos (P5.00)] TlmTY PESOS (P30.00t
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.  3.  Sepana[biz!tE/ Clatrse.  - If,  for any reason,  any part,  section or
provision   of  this   Act   is   held   invalid   or  unconstitutional,   the   remaining
provisions not affected thereby shall continue to be in full force and effect.
SEC.  4.  RepealtnLg  Clatise.  -  AIl  laws,  presidential  decrees,  executive
orders, rules and regulations, or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed, amended, or modified accordingly.
SEC. 5. nyectfutt§/. -This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approued.
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