FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 
1409 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to compensate a person wrongfully convicted of a crime in 
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 amount 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 the foregoing, the immediate passage of this bill is earnestly 
requested. 
==--~-z:-=- ~ 
LOREN LEGARDA 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
s.B.No.1409 
Introduced by Senator Loren Legarda 
AN ACT 
10 JULi 3 P 4 :04 
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: 
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SECTION 1. Section 4 of Republic Act No. 7309, otherwise known as "An Act 
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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", 
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is hereby amended to read as follows: 
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"Sec. 4. Award Ceiling. - For victims of unjust imprisonment or 
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deteption, the compensation shall be based on the number of months 
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of imprisonment or detention and every fraction thereof shall be 
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considered one month; Provided, however, That in no case shall such 
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compensation exceed [One thousand pesos (Pl,OOO.OO)] THREE 
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THOUSAND PESOS (P3,000.00) per month. 
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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 
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(PI0,000.00)] FIFTY THOUSAND PESOS (PSO,OOO,OO) 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 
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other expenses directly related to injury, whichever is lower. This is 
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without prejudice to the right of the claimant to seek other remedies 
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under existing laws." 
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SECTION 2. A new section, Section 4-A, is hereby inserted after Section 4 of 
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Republic Act No. 7309 to read as follows: 
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SEC. 4-A. CIVIL ACTION FOR UNJUST CONVICTION AND 
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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 
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IMPRISONMENT, AND HAS SERVED ALL OR ANY PART OF 
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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 Il\JITIATED 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 TWO YEARS AFTER HIS 
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RELEASE FROM IMPRISONMENT. 
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DAMAGES AWARDED PURSUANT TO THIS SECTION 
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SHALL 
NOT EXCEED 
TWICE 
THE 
AMOUNT OF THE 
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CLAIMANT'S 
INCOME IN 
THE 
YEAR 
PRIOR TO 
HIS 
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INCARCERATION OR ONE HUNDRED THOUSAND PESOS 
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(PlOO,OOO.OO) 
FOR 
EACH 
YEAR 
OF 
INCARCERATION, 
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WHICHEVER IS GREATER. IN ADDITION, THE CLAIMANT 
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SHALL BE ENTITLED TO RECEIVE REASONABLE ATTORNEY 
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FEES. 
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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 
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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. 
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SECTION 3. Section 9 of Republic Act No. 7309 is hereby amended to read as 
follows: 
"Sec. 9. Funding. - For purposes of this Act, the initial amount of 
Ten Million pesos (PI0,000.000) 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%)] ONE AND ONE-HALF PERCENT (Ph %) of the 
net income of the Philippine Amusement and Gaming Corporation 
and [one percent (1%)] ONE AND ONE-HALF PERCENT (11/2 %) of 
the proceeds and sales and other disposition and military camps in 
Metro Manila by the Base 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 
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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 
or awarded to, the victim, his heirs or successors in interest is paid or 
arranged for, and the state is able to collectj 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)] TEN PESOS (PI0.00) shall be 
set aside from each filing fee in every civil case filed with the court, the 
total proceeds of which sh':lll constitute the Victim Compensation Fund 
to be administered by the Department of Justice." 
SEC 4. Separability Clause. - If any provision of this Act is declared invalid, 
the remainder of this Act or any provision not affected thereby shall remain in force 
and effect. 
SEC 5. Repealing Clause. - All laws, presidential decrees, executive orders 
and their implementing rules, inconsistent with the provisions of this act are hereby 
repealed, amended or modified accordingly. 
SEC 6. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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