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REPUBLIC OF THE PHILIPPINES fy’ RECEIVED
HOUSE OF REPRESENTATIVES oareMAY.
Quezon City
SEVENTEENTH CONGRESS
Second Regular Session

House Bilt No. "7667

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

The 1987 Constitution states that, "No 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.”
Indeed, the right to be free is one of the most treasured right a human being can possess.

However, several instances prove that the right of liberty of every person in our country is not
guaranteed at all times. In most cases, the poor and those who belong to marginalized sectors
have been the ones accused and deprived of their freedom owing to the lack of due process of
law. Undeniably, there have been a number of circumstances where these accused persons - who
have been suffering in jails for numerous years, instead of spending the productive years of their
lives in liberty are later proved of their innocence.

‘Acknowledging the fact that nothing can pay damages to persons deprived of their liberty, this
bill seeks to compensate wrongfully-detained persons: Provided, That compensations should be
limited only to detainees who have been declared innocent in a full-blown trial on the merits and
not as a result of mere desistance or failure to be prosecuted by the private complainant.
Realistically speaking, this measure does not pretend to compensate the sufferings, deprivations
and trauma caused by a wrongful detention. Rather, this bill generally aims to correct an injustice
brought about by a wrongful detention of a person by the State and its agents.

In view of foregoing, immediate approval of this measure is earnestly sought.
~

;ARY'C. ALEJANO

Magdalo Para sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES .
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

7667

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
AMENDING SECTION 4 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 (PI,000)] 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 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 injury, whichever is lower.]
ANY PERSON WHO, HAD BEEN DETAINED AS A RESULT OF A CRIMINAL
INFORMATION FILED IN COURT BUT SUBSEQUENTLY ACQUITTED OR
FOUND INNOCENT BY A FINAL JUDGMENT OR RESOLUTION OF A
COURT OF COMPETENT JURISDICTION AFTER A FULL- BLOWN TRIAL
ON THE MERITS, SHALL BE COMPENSATED AND/OR INDEMNIFIED AT A
RATE OF SIXTY THOUSAND PESOS (PHP 60,000.00) FOR EVERY YEAR OF
DETENTION. This is without prejudice to the right of the claimant to seek other
remedies under existing laws."


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SEC 2. The amount of Ten Million Pesos (PHP10,000,000.00) is initially appropriated to
carry the purpose of this Act. Thereafter, the appropriation for this purpose shall be included in
the annual budget of the Department of Justice.

SEC 3. The Department of Justice shall promulgate the necessary guidelines, rules and
regulations to achieve the objectives of this Act.

SEC 4. All other laws, acts, decrees, executive orders, issuances and rules and
regulations or part thereof which are inconsistent with any provisions of this Act are hereby

repealed, amended or modified accordingly.

SEC 5. This Act shall take effect within fifteen (15) days upon publication in the Official
Gazette or in any two (2) newspapers of general circulation.

Approved,