SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
s.B.'No. 694 
i 
'13 
JUL -9 1\9 :47 
Introduced by Senator LOREN LEGARDA 
" 
">' 
EXPLANATORY NOTE 
This bill seeks to compensate a person wrongfully convicted of a crime 1n 
order to indemnify him or her for the loss, injury and damage brought about by 
such wrongful conviction. 
We must concede that no justice system is perfect. We have witnessed certain 
cases when the Supreme Court, upon review, reversed the decisions of the lower 
courts and decided to acquit the person wrongfully convicted. The Supreme Court's 
reversal of the ruling of the lower court consequently means that a person not 
otherwise guilty of the crime for which he or she was charged, had been 
incarcerated for a crime he or she did not commit. 
Under this proposed measure, a person wrongfully convicted of a crime, after 
being qualified as such as determined by the appropriate court, shall be entitled to 
the payment of compensation in an amount not exceeding twice the a!l10unt of the 
claimant's income in the year prior to his incarceration or to one hundred thousand 
pesos for each year of incarceration, whichever is higher. 
As the State is the guardian of the rights of the people, it is incumbent upon 
the State to protect the rights of persons wrongfully convicted of a crime. 
In view of the foregoing, the immediate passage of this bill is earnestly 
requested. 
---= .--' '.' .~-:-~=~--==- :::> 
LO~A 
Senator 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 694 
Introduced by Senator Loren Legarda 
AN ACT 
'13 
JUL -9 1\9 :47 
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: 
1 
SECTION 1. Section 4 of Republic Act No. 7309, otherwise known as "An Act 
2 
Creating A Board of Claims Under the Department of Justice for Victims of Unjust 
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Imprisonment or Detention and Victims of Violent Crimes and For Other Purposes", 
4 
is hereby amended to read as follows: 
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6 
"Sec. 4. Award Ceiling. - For victims of unjust imprisonment or 
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detention, the compensation shall be based on the number of months 
8 
of imprisonment or detention and every fraction thereof shall be 
9 
considered one month; Provided, however, That in no case shall such 
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compensation exceed [One thousand pesos (Pl,OOO.OO)] THREE 
11 
THOUSAND PESOS (P3,000.00) per month. 
12 
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"In all other cases, the maximum amount for which the Board 
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may approve a claim shall not exceed [Ten thousand pesos 
15 
(P10,000.00)] FIFTY THOUSAND PESOS (P50,000,00) or the amount 
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necessary to reimburse the claimant the expenses incurred for 
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hospitalization, medical treatment, loss of wage, loss of support or 
18 
other expenses directly related to injury, whichever is lower. This is 
19 
without prejudice to the right of the claimant to seek other remedies 
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under existing laws." 
21 
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SECTION 2. A new section, Section 4-A, is hereby inserted after Section 4 of 
2 
Republic Act No. 7309 to read as follows: 
3 
4 
SEC. 4-A. CIVIL ACTION FOR UNJUST CONVICTION AND 
5 
IMPRISONMENT. - NOTWITHSTANDING THE PROVISIONS OF 
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THIS ACT OR ANY OTHER PERTINENT LAW, ANY PERSON 
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UNJUSTLY CONVICTED AND SUBSEQUENTLY IMPRISONED 
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FOR ONE OR MORE CRIMES WHICH HE DID NOT COMMIT 
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MAY, UNDER THE CONDITIONS HEREINAFTER PROVIDED, 
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BRING AN ACTION FOR DAMAGES BEFORE ANY COURT OF 
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COMPETENT JURISDICTION. 
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THE PERSON, HEREINAFTER REFERRED TO AS THE 
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"CLAIMANT", SHALL ESTABLISH THE FOLLOWING BY CLEAR 
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AND CONVINCING EVIDENCE THAT: 
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(l)HE WAS UNJUSTLY CONVICTED OF A CRIME AND 
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SUBSEQUENTLY 
SENTENCED 
TO 
A 
TERM 
OF 
18 
IMPRISONMENT, AND HAS SERVED ALL OR ANY PART OF 
19 
HIS SENTENCE; 
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(2) HE DID NOT COMMIT THE CRIME FOR WHICH HE WAS 
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CONVICTED; AND 
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(3) HE DID NOT BY HIS OWN CONDUCT CAUSE OR BRING 
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ABOUT HIS CONVICTION. 
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THE ACTION INITIATED BY A VERIFIED PETITION 
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CONTAINING STATEMENT OF THE FACTS CONCERNING THE 
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CLAIM FOR DAMAGES, SHALL BE BROUGHT BY THE 
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CLAIMANT WITHIN A PERIOD OF ONE YEAR AFTER . HIS 
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RELEASE FROM IMPRISONMENT. 
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31 
DAMAGES AWARDED PURSUANT TO THIS SECTION 
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SHALL 
NOT EXCEED 
TWICE THE 
AMOUNT 
OF THE 
33 
CLAIMANT'S 
INCOME IN THE 
YEAR 
PRIOR TO 
HIS 
34 
INCARCERATION OR FIFTY THOUSAND PESOS (P50,OOO.OO) 
35 
FOR EACH YEAR OF INCARCERATION, WHICHEVER IS 
36 
GREATER. 
IN 
ADDITION, 
THE 
CLAIMANT 
SHALL 
BE 
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1 
ENTITLED TO RECEIVE REASONABLE ATTORNEY'S FEES. 
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3 
A PERSON SERVING A TERM OF IMPRISONMENT FOR A 
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CRIME OTHER THAN A CRIME FOR WHICH HE WAS 
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MISTAKENLY CONVICTED SHALL NOT BE ELIGIBLE TO FILE 
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A CLAIM FOR DAMAGES PURSUANT TO THE PROVISIONS OF 
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THIS SECTION. 
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A PERSON SHALL NOT BE ELIGIBLE TO FILE A CLAIM 
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FOR DAMAGES PURSUANT TO THE PROVISIONS OF THIS 
11 
SECTION IF THE SENTENCE FOR THE CRIME OF WHICH THE 
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PERSON WAS MISTAKENLY CONVICTED WAS SERVED 
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CONCURRENTLY 
WITH 
THE 
SENTENCE 
FOR 
THE 
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CONVICTION OF ANOTHER CRIME. 
15 
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SECTION 3. Section 9 of Republic Act No. 7309 is hereby amended to read as 
17 
follows: 
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"Sec. 9. Funding. - For purposes of this Act, the initial amount of 
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Ten Million pesos (PI0,000.000) 
is hereby authorized to be 
20 
appropriated from the funds of the National Treasury not otherwise 
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appropriated. 
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The subsequent annual fund.ing shall also partly come from 
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[one percent (1 %)] ONE AND ONE-HALF PERCENT (Ph %) of the 
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net income of the Philippine Amusement and Gaming Corporation 
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and [one percent (1%)] ONE AND ONE-HALF PERCENT (11h %) of 
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the proceeds and sales and other disposition and military camps in 
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Metro Manila by the Base Conversion and Development Authority. 
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The proceeds from any contract relating to the depiction of a 
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crime in a movie, book, newspaper, magazine, radio or television 
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production, or live entertainment, of any kind, or in any other form of 
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commercial exploitation of any convict's story, recollection, opinion 
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and emotions with regard to the offense committed shall not be 
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released to convict in a criminal case or his heirs, agents, assignees or 
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successors in interest until full compensation for damages suffered by 
2 


1 
or awarded to, the victim, his heirs or successors in interest is paid or 
2 
arranged for, and the state is able to collect/ assess fines and costs and 
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any other amounts due it in case of a conviction by final judgment. 
4 
Such damages shall include, but shall not be limited to, judicial 
5 
awards, funeral expenses, medical expenses, lost earning and the like. 
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7 
To ensure the continuity of the funding requirements under this 
8 
Act, the amount of [Five pesos (P5.00)l TEN PESOS (PI0.00) shall be 
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set aside from each filing fee in every .civil case filed with the court, the 
10 
total proceeds of which shall constitute the Victim Compensation Fund 
11 
to be administered by the Department of Justice." 
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SEC. 4. Separability Clause. - If any provision of this Act is declared invalid, 
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the remainder of this Act or any provision not affected thereby shall remain in force 
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and effect. 
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SEC. 5. Repealing Clause. - All laws, presidential decrees, executive orders 
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and their implementing rules, inconsistent with the provisions of this act are hereby 
19 
repealed, amended or modified accordingly. 
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SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its 
22 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
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