50

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

FIFTEENTH CONGRESS
First Regular Session

470

House Bill No.

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

EXPLANATORY NOTE

The Filipinos are among the world’s foremost heroes and advocates of freedom. To
demonstrate that avid regard and concern for human rights, the 1987 Constitution in Paragraph
4, Section 12, Article III, mandates that:

“The law shall provide for penal and civil sanctions for violations of prohibition
against torture, force, violence, threat, intimidation or any other means which
vitiate the free will.”

The Eighth Congress, in landmark legislation, authorized the granting of compensation
to persons who are unjustly imprisoned or detained, or victimized by violent crimes. Republic
Act Number 7309 awards a One Thousand Peso (P1,000.00)-indemnification for every month a
qualified claimant had been incarcerated. A reimbursement for hospitalization, loss of wage and
support shall also be awarded to thos2 whose horrifying experience left them physically injured,
psychologically scarred or permanently incapacitated. In all cases, however, the maximum
allowable amount of indemnification is P10,000.00. This amount is not enough and barely
restitutes the lightest of indignities suffered even by the yardstick of tokenism. To make the
gesture as equally substantial as it is symbolic. it is proposed that the rates and ceiling of
compensation be increased. Admittedly, even this amount is far from the ideal resources one
must have to undergo rehabilitation successfully.

Critics may argue that indemnification of this kind should only be practiced by rich
countries and not by cash-strapped developing ones such as the Philippines. This is wrong. As
justice is universal, rectifying injustices must be universal too, exempting no one - not even on
account of poverty. This would be in poor taste if invoked as a way of escaping the duty to
indemnify.

Further, in the deliberations of the 1986 Constitutional Commission, it was discussed
that compensation to victims of human rights violations should be entrusted to the Commission
on Human Rights in line with its proposed mandate. Hence, this bill proposes that the Board of
Claims be transferred from the Department of Justice to the Commission on Human Rights
where the Constitutional Commissioners intended to place it.

The early passage of this bill is thus earnestly sought.

CU

Hon. WALDEN BELLO
Representative, Akbayan Party-list


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

FIFTEENTH CONGRESS
First Regular Session

» 470

House No.

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

AN ACT
AMENDING 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 enacted by the Senate and the House of Representatives 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 Compesition 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.”

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

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

XK OK OK

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


1s G) ANY PERSON WHO HAD BEEN ARRESTED AND DETAINED FOR AT LEAST
FIVE (5) YEARS AND WAS SUBSEQUENTLY ACQUITTED OF THE CHARGE
AGAINST HIM/HER BY ANY COURT OF COMPETENT JURISDICTION.”

SEC. 3. SECTION 4 of Republic Act No. 7309 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)] THE ONE
MONTH EQUIVALENT OF THE PREVAILING MINIMUM WAGE AT THE TIME OF THE
AWARD

(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)] SEVENTY-FIVE THOUSAND
PESOS (P75,000.00) 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 lower. This is without prejudice
to the right of the claimant to Seek other remedies under existing laws.”

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

“SEC. 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, [or
from the date the victim suffered damage or injury] OR AFTER BEING ACQUITTED OF
THE CHARGES AGAINST HIM/HER, file [his]HIS/HER claim with the {Department]
COMMISSION, otherwise, [he] HE/SHE shall be deemed to have waived the same.
Except as provided for in this Act, no waiver of claim whatsoever shall be valid.”

SEC. 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.”

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

“[Sec. 9. Funding. For purposes of this Act, the amount of ten million pesos

159 (P10,000,000.00) is hereby authorized to be appropriated from the funds of the National
160 Treasury not otherwise appropriated.]

161

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

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

173 APPROVED,