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Republic of the Philippines pore 3.0 dN 2018
HOUSE OF REPRESENTATIVES ‘
Quezon City, Metro Manila TA Q
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SEVENTEENTH CONGRES ®
First Regular Session

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House Bill No._(*

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

EXPLANATORY NOTE

There are few things more injurious to the covenant between citizen and government
than wrongful prosecution and incarceration by the State. The fact, however, that these do
occur cannot be denied, whether as a result of malice, negligence, mistake, or sheer
misfortune. No mere monetary sum can erase the stigma, suffering, and trauma brought about
by the incarceration of the innocent, but that insufficiency cannot be an excuse for the State
not to do what it can to make amends.

This bill — based on House Bill No. 3620 filed by Rep. Giorgidi B. Aggabao in the
16" Congress, with an increase to the compensation and a decrease to the number of months
of detention necessary to qualify --seeks to increase the monetary compensation granted to
those who have been unjustly detained, Furthermore, it remedies a potential conflict of
interest by removing the Board of Claims from the ambit of the Department of Justice — the
prosecutorial arm of the State which may have been involved in the unjust detention of the
claimants and instead transfers the same to the Commission on Human Rights.

Loew te. M. Ketéan
EMMELINE Y. AGLIPAY - VILLAR
Representative, DIWA Party-list

Page 1 of 4


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No,_274

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

AN ACT INCREASING THE COMPENSATION OF THOSE UNJUSTLY
DETAINED AND TRANSFERRING THE BOARD OF CLAIMS FROM THE DEPT.
OF JUSTICE TO THE COMMISSION ON HUMAN RIGHTS, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 7309

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in Congress
assembled:

SECTION 1. Section 1 of Republic Act No. 7309 is hereby amended to read as
follows:

“SECTION 1. Creation and Composition of the Board, - There is hereby created a
Board of Claims under the [Department of Justice} COMMISSION ON HUMAN
RIGHTS, hereinafter referred to as Board, to be composed of one (1) chairman and
two (2) members to be appointed by the [Secretary] CHAIRMAN of the said
[Department COMMISSION.

ALL REFERENCES IN R.A. 7309 TO THE DEPARTMENT OF JUSTICE AND THE
SECRETARY SHALL BE CHANGED TO COMMISSION ON HUMAN RIGHTS AND
CHAIRMAN, RESPECTIVELY.”

SECTION 2. Section 3 of Republic Act No, 7309 is hereby amended by adding
subparagraphs "e" and “f" therein to read as follows:

“SECTION 3. Who May File Claims. - The following may file claims for
compensation before the Board:

XXX XXX XXX

£) ANY PERSON WHO HAD BEEN APPREHENDED AND ARRESTED BY
VIRTUE OF A WARRANT OF ARREST ISSUED BY A JUDGE, OR

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WITHOUT A WARRANT WHILE UNDERGOING INVESTIGATION,
AND/OR WHO, WHILE UNDER DETENTION, WAS SUBJECTED TO
BRUTALITIES AND TORTURE COMMITTED BY POLICE, MILITARY
AND OTHER LAW ENFORCEMENT AGENCIES AND THEREBY
SUFFERED INJURIES AS CERTIFIED BY A LICENSED DOCTOR OR
HOSPITAL, OR AS TESTIFIED TO IN A SWORN STATEMENT BY
HIS/HER COUNSEL, RELATIVE, NBI INVESTIGATOR, OR ANY
OFFICIAL, OR SUPPORTED BY PHOTOGRAPHS, VIDEOS, AND OTHER
DOCUMENTARY OR PHYSICAL EVIDENCE;

F) ANY PERSON UNJUSTLY IMPRISONED ON ONE CHARGE EVEN IF
HE/SHE HAS OTHER CASES PENDING AGAINST HIM/HER OR FOR
WHICH HE/SHE IS CONVICTED. AND;

G) ANY PERSON WHO HAD BEEN ARRESTED AND DETAINED FOR AT
LEAST ONE (1) MONTH AND WAS SUBSEQUENTLY ACQUITTED OF
THE CHARGE AGAINST HIM/HER BY ANY COURT OF COMPETENT
JURISDICTION.”

SECTION 3. Section 4 of Republic Act No. 7309 is hereby amended to read as
follows:

“SECTION 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)] FIFTEEN
THOUSAND PESOS (P15,000.00) per month.

(b) In all other cases, the maximum amount for which the Board may approve a claim
shall not exceed [Ten Thousand Pesos (P10,000.00)] TWO HUNDRED THOUSAND
PESOS (P200,000.00) 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 the injury, or whichever is higher. This is without
prejudice to the right of the claimant to seek other remedies under existing laws."

SECTION 4. Section 5 of Republic Act No. 7309 is hereby amended to read as
follows:

“SECTION 5. When to File Claims. - Any person entitled to compensation under this
Act shall, within six (6) months after being released from imprisonment or detention,
Tor from the date the victim suffered damage or injury] OR AFTER BEING
ACQUITTED OF THE CHARGES AGAINST HIM, file his claim with the
{Department COMMISSION, otherwise, he shall be deemed to have waived the same
Except as provided for in this Act, no waiver of claim whatsoever shall be valid.”

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SECTION 5. A new section shall be added before Section 10 of Republic Act No.
7309, to read as follows

“SEC 10. SAFEGUARDS AGAINST FALSE CLAIMANTS. - THE FOLLOWING
SHALL SERVE AS SAFEGUARDS AGAINST FALSE CLAIMANTS:

A) THE APPLICATION FOR COMPENSATION SHALL BE SWORN TO;

B) A SUMMARY HEARING SHALL BE CONDUCTED WHEREIN THE
APPLICANT AND HIS/HER WITNESSES ARE SUMMONED BEFORE THE.
ADMINISTERING BODY AND QUESTIONED ABOUT THE APPLICATION

C) PERSONS FOUND GUILTY OF PERJURY SHALL BE PUNISHED IN
ACCORDANCE WITH LAW.”

SECTION 6, Section 9 of Republic Act No. 7309 is hereby amended to read as
follows:

"[SECTION 9. Funding. For purposes of this Act, the 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.}

SECTION 9. APPROPRIATIONS. - FOR PURPOSES OF CARRYIING OUT THE
PROVISIONS OF THIS ACT, ALL UNEXPENDED FUNDS OF THE BOARD OF
CLAIMS UNDER THE DEPARTMENT OF JUSTICE SHALL BE
TRANSFERRED TO THE COMMISSION ON HUMAN RIGHTS. THEREAFTER,
SUCH SUMS AS MAY BE NEEDED FOR THE PAYMENT OF
COMPENSATION TO VICTIMS SHALL BE INCLUDED IN THE ANNUAL
GENERAL APPROPRIATIONS ACT."

SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days upon
its publication in at least two (2) newspapers of general circulation

Approved,