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

FIFTEENTH CONGRESS
First Regular Session

1770

EXPLANATORY NOTE

Republic Act Number (RA) 7309 authorizes the granting of compensation to persons who
were unjustly imprisoned or detained, or victimized by violent crimes. The law was a piece of
landmark legislation because it awards an indemnification of One Thousand Peso (P1,000.00)
for every month a qualified claimant had been incarcerated. It also grants reimbursement of
hospitalization expenses, compensation for lost income and support to claimants who were
physically injured, psychologically scarred or permanently incapacitated.

Under the law, however, the maximum recoverable amount of indemnification is only
P10,000.00. This amount is now paltry and inconsequential. The original amount of Php
10,000 has been depreciated so badly that its present value is probably only a tenth of its
worth in 1992, when the law was first enacted

To make the spirit and intent of RA 7309 alive, it is proposed that the rates and ceiling of
compensation be adjusted to a more contemporary level. Under the proposed bill, the
maximum recoverable amount is Php 100,000.00 which, to be sure, is still frugal, but
nonetheless is a marked improvement on the original amount of Php 10,000.

Further, itis also proposed in this bill that the Board of Claims constituted under the law be
transferred from the Department of Justice to the Commission on Human Rights considering
that the unjustified incarcerations of claimants amount to a trampling of one of the most basic
of human rights --- liberty

‘The early passage of this bill is eamestly sought.

coment Acxoao


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

FIFTEENTH CONGRESS
‘Second Regular Session

House Sin No. 1770

Introduced by HON. GIORGIDI B. AGGABAO

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 NUMBERED 7309”

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 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.”

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:

20K 20K od
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,


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 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)] TEN
‘THOUSAND PESOS (P10,000.00) 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)] ONE HUNDRED THOUSAND:
PESOS (P100,000.00) 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, 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,”

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;

©) 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
(P10,000,000,00) is hereby authorized to be appropriated from the funds of the
National Treasury not otherwise appropriated. ]

SEC. 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.”

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

Approved.