Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16" CONGRESS
First Regular Session +

HOUSE BILL NO. 1318

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

The Department of Justice's creation of the Board of Claims aims to resolve
applications on claims for compensation of victims of unjust imprisonment, detention and
violent crimes. However since its creation in 1992, the funding allocation has remained
stagnant and is thus inadequate compensation in present times.

Due to the loss suffered by the victims of unjust imprisonment, detention, and victims
of violent crimes, the bill aims to financially give back and increase the compensation
authorized under Republic Act No. 7309 from P1,000 to P3,000 per month, whilst providing an
outline for the establishment of such claims. This bill also proposes increasing annual funding
and increased allocation for the Victims Compensation Fund.

Maiepes

Be
EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16" CONGRESS
First Regular Session

_ HOUSE BILL NO. 1318

Introduced by REP. EVELINA G. ESCUDERO

AN ACT.
AMENDING CERTAIN SECTIONS OF 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”.”

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:

“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)] THREE THOUSAND PESOS
(P3,000.00) per month.

In alll 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 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.”

SECTION 2. A new section, Section 4-A, is hereby inserted after Section 4 of
Republic Act No. 7309, to read as 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:



36

(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 SENTENC}

@) HE DID NOT COMMIT THE CRIME FOR WHICH HE WAS

(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 PURSUAD SECTION SHALL NOT
EXCEED TWICE THE AMOUNT OF THE CLAIMANT’S INCOME IN THE YEAR
PRIOR TO HIS INCARCERATION OR ONE HUNDRED THOUSAND PE:
(P100,000.00) FOR EACH YEAR OF ARCERATION, WHICHEVER IS.
GREATER. IN ADDITI LA SHALL BE ENTITLED TO RECEIVE
REASONABLE ATTORN!

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.
of FOR
WAS
1ON OF

SERVED CONCURRENTLY WITH THE S
ANOTHER CRIME,

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

. 9. Funding. — For purposes of this Act, the initial amount of Ten Million Pesos
(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
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 collecU/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)] 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.”

SECTION 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.

SECTION 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,