NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
' • ' (Off. ' r {, t ~ . r!
24 FEB 14 PI 59
SENATE
S. No. 2547
RKEi
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING REPUBLIC ACT NO. 7309, OTHERWISE KNOWN AS "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"
EXPLANATORY NOTE
Section 1, Article III of the 1987 Constitution clearly states: "No person shall 
be deprived of life, liberty, or property without due process of law, nor shall any person 
be denied the equal protection of the laws."
While the State does its best to uphold this principle, there remains the fact 
that errors in making an arrest or detention of a suspected offender, whether 
knowingly or not, are committed by our law enforcers. In an investigative report 
conducted by ABS-CBN on the rewards system for the arrest of allegedly high-value 
terrorists and criminals in the Philippines, it was found that, in 2015, there were 51 
recorded wrongful arrests made by our law enforcers.
In the case of In re: Salibo v. Warden (G.R. No. 197597, 8 April 2015), the 
Supreme Court held that a person deprived of liberty due to mistaken identity is not 
under any lawful process and is continuously being illegally detained. Justice Marvic 
M.V.F. Leonen, in the said case, further opined that "...between a citizen who has 
shown that he was illegally deprived of his liberty without due process of law and the 
government that has all the 'manpower and the resources at [its] command' to 
properly indict a citizen but failed to do so, we will rule in favor of the citizen".


Wrongful arrest due to mistaken identity had been the predicament of 
Mohammad Maca-antai Said, 62 years oid from Lanao del Norte, who had been illegally 
detained for 176 days at the Metro Maniia District Jail of the Bureau of Jail 
Management and Penology. He was intercepted by Bureau of Immigration personnei 
at Ninoy Aquino International Airport (NAIA) Terminal 3 on 10 August 2023 due to an 
Interpol Red Notice alert for one Mohammad Said a.k.a. Ama Maas.
On top of the vehement denial of Mohammad Maca-antal Said that he is one 
and the same as Ama Maas, the Armed Forces of the Philippines verified that Abu 
Sayyaf Sub-ieader Mohammad Said a.k.a. Ama Maas had been neutraiized by the army 
in 2016.
Cases such as that of Mohammad Maca-antal Said compel us to revisit Republic 
Act No. 7309, otherwise known as "An Act Creating a Board of Ciaims under the 
Department of Justice of Victims of Unjust Imprisonment or Detention and Victims of 
Violent Crimes and for Other Purposes".
Thus, this representation proposes to ensure that any person unjustiy detained 
or deprived of iiberty due to mistaken identity shall be compensated based on the 
period of imprisonment or detention. This proposed measure also recommends an 
increase in the monetary compensation to be awarded by the Board of Ciaims. This 
compensation is the ieast the government can do to cover the financial burden caused 
by unjust imprisonment or detention.
In view of the foregoing, the immediate passage of this biii is earnestly sought.
RQBIN^OD PADI LI
/ 
(Senator


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE 
S. No. ^5^47
/0ia:r of - ■" 
'5 ’
24 FEB 14 PI 59
1^!:CE>V ;JL,
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING REPUBLIC ACT NO. 7309, OTHERWISE KNOWN AS "AN ACT 
CREATING A BOARD OF CLAIMS UNDERTHE 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 House of Representatives of the Philippines in 
Congress assembled:
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Section 1. This Act shall be known as the "Mohammad Said Act".
2 
Sec. 2. Section 3 of Republic Act No. 7309 is hereby amended to read as
3 
follows:
4 
"Section 3. Who May File Claims. — The following may file claims for
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compensation before the board:
6 
(a) any person who was unjustly accused, convicted, and
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imprisoned but subsequently released by virtue of a
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judgment of acquittal;
9 
(b) any person who was unjustly detained and released
10 
without being charged;
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(c) any victim of arbitrary or illegal detention by the authorities
12 
as defined in the Revised Penal Code under a final
13 
judgment of the court; [and]
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(d) ANY PERSON UNJUSTLY DETAINED OR DEPRIVED
15 
OF LIBERTY DUE TO MISTAKEN IDENTITY; AND


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(E) any person who is a victim of violent crimes. For purposes 
of this Act, violent crimes shall include rape and shall 
likewise refer to offenses committed with malice which 
resulted in death or serious physical and/or psychological 
injuries, permanent incapacity or disability, insanity, 
abortion, serious trauma, or committed with torture, cruelty 
or barbarity.
Sec. 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 Thousond Pesos (PI,000.09)] BE 
LESS THAN TEN THOUSAND PESOS (P10,000.00) per month.
In all other cases, the maximum amount for which the board may 
approve a claim shall not exceed [Ton thousond Pesos (P10,000.00)]
FIFTY THOUSAND PESOS (P50f000.00) 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, whichever is [lower] 
HIGHER. This is without prejudice to the right of the claimant to 
seek other remedies under existing laws.
Sec. 4. Section 9 of Republic Act No. 7309 is hereby amended to read as
follows:
"Section 9. Funding. — For purposes of this Act, the initial 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.
The subsequent annual funding shall also partly come from [ene 
percent (1%)] THREE PERCENT (3%) of the net income of the 
Philippine Amusement and Gaming Corporation and [one percent


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(4%)] THREE PERCENT (3%) of the proceeds and sales and other
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disposition of military camps in Metro Manila by the Bases Conversion
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and Development Authority.
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The proceeds from any contract relating to the depiction of a crime
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in a movie, book, newspaper, magazine, radio or television
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production, or live entertainment, of any kind, or any other form of
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commercial exploitation of a convict's story, recollection, opinions
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and emotions with regard to the offense committed shail not be
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released to a convict in a criminal case or his heirs, agents, assignees
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or successors in interest until full compensation for damages suffered
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by or awarded to, the victim, his heirs or successors in interest is
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paid or arranged for, and the state is able to collect/assess fines and
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costs and any other amounts due it in case of a conviction by final
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judgment. Such damages shall include, but shall not be limited to,
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judicial awards, funeral expenses, medical expenses, lost earnings
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and the like.
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To ensure the continuity of the funding requirements under this Act,
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the amount of [Five Pesos (P5.09^] FIFTY PESOS (P50.00) shall
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be set aside from each filing fee in every civil case filed with the
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court, the total proceeds of which shall constitute the Victim
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Compensation Fund to be administered by the Department 
of
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Justice."
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Sec. 5. Separability Clause. — If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provisions not affected thereby shall
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remain in force and effect.
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Sec. 6. Repealing Clause. — Any law, presidential decree or issuance, executive
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order, letter of instruction, rule or regulation inconsistent with the provisions of this
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Act is hereby repealed or modified accordingly.
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Sec. 7. Effecbvity Clause. — This Act shall take effect after fifteen (15) days
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following its complete publication in the Official Gazette or a newspaper of general
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circulation.
Approved,