FOURTEENTH CONGRESS OF THE 
) 
Republic of the Philippines 
1 
Second Regular Session 
1 
SENATE 
INTRODUCED BY SENATOR JINGGOY UERCITO ESTRADA 
EXPLANATORY NOTE 
The justice system is depicted by the blindfolded woman holding the 
scale. Generally symbolizing the impartiality, equality and integrity that should 
comprise the manner justice system is served. 
But it is, likewise, clear such symbol characterizes the approximation that 
the system, at best, exerts to go nearest to true justice. Thus in reality the 
justice system is far from perfect. There will always be mistakes in its 
administration. And therefore, it is incumbent upon the state to make sure that 
discovery of errors in the justice it stands for be corrected. It is just and fair, 
after all under the doctrine of PARENS PATRIAE, the state is the caring parent, 
especially for all those not so privileged. 
Justice simplistically defined by Aristotle is, “to give someone his due”. On 
the basis of this, it is but due to compensate those who have been victims of 
erroneous justice particularly those wrongly jailed. 
In view of the foregoing the passage of this bill is earnestly sought. 


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FOURTEENTH CONGRESS OF THE 
1 
Republic of the Philippines 
1 
Second Regular Session 
1 
9 
FEE -3 A9113 
SENATE 
SENATE BILL ~ 0 . 3  
0 3 2 
INTRODUCED BY SENATOR JINGGOY EJERCITO ESTRADA 
AN ACT PROVIDING REPARATION TO WRONGLY JAILED INDIVIDUALS, 
PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of RepEsentatives of the Phihppines 
in Congress assembled: 
SECTION 1. Wrongly Jailed - Any person who may have suffered penalty, 
criminally, through conviction, but subsequently judicially declared as erroneous, 
shall heretofore be compensated and be entitled to reparation as herein 
provided. 
SECTION 2. Persons covered - Persons covered pertaining to Section 1 hereof 
shall be those: 
a) Convicted of crimes with executed judgment or penalty; 
b) Did not, by hislher own conduct, cause or bring about hislher conviction; 
c) Subsequently acquitted and released by the courts on competently and 
meritoriously established innocence and not merely on technicality; and 
d) Not serving another sentence concurrently for another crime. 
SECTION 3. Report of Release. - It shall be the task of the Department of 
lustice to get the monthly certified reports from the Supreme Court regarding 
cases of acquittal which include the injury or damages suffered by the individual 
wrongly jailed. 
SECTION 4. Reparation. - The Secretary of the Department of Justice, within 
sixty (60) days on the basis of such report, shall cause the obligation of amount 
awarded as damages by the National Treasurer chargeable from the Assurance 
Fund herein constituted. 


Monetary compensation for damages for wrong imprisonment suffered shall not 
exceed twice the amount of income in the year prior to his/her arrest. 
A copy of the request for obligation mentioned shall be furnished to the named 
party-claimant, the aggrieved party, upon its accomplishment. 
The Secretary of the Department of Justice, shall submit a recommendation to 
the President for clemency together with the information regarding the obligation 
of amount awarded for damages. 
The recommendation may include: 
a) Restoration of civil rights and liberties; and 
b) Extinguishment of accessory penalties as maybe provided. 
The President shall act on such recommendation within one hundred twenty 
(120) days from receipt thereof. 
SECTION 5. G'airn. - The party-claimant, through verified petition containing 
the statement of the facts concerning the claim for damages, with the copy of 
the request of obligation from the Department of Justice attached, shall bring the 
action to the Office of the Chair, Commission on Audit as provided in CA 327 
within two (2) years after his/her release from imprisonment. 
SECTION 6. Assurance Fund - An additional amount equivalent to '/4 of 1% of 
the docket fees required for the filing of actions in court, both criminal and civil 
shall be paid as contribution to the Assurance Fund. 
All money received by the courts as provided in the foregoing shall be paid t the 
National Treasurer. He/She shall keep this money in an Assurance Fund which 
may be invested in the manner and form authorized by law and shall report to 
the Secretary of the Department of Justice, the condition and income thereof. 


The income of the fund shall be added to the principal in which event, the 
income from investments and from the collection of such shall be paid to the 
National Treasury to the account of the Assurance Fund. 
Recovery of damage in the amounts mentioned in paragraph 2, Section 4 herein 
shall be paid out of the Assurance Fund upon the request of the Secretary of the 
Department of Justice. 
SECTION 7. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivity of this Act, the Department of Justice, and the Department of 
Finance shall promulgate the necessary rules and regulation for the effective 
imDlernentation of this Act. 
SECTION 8. Repealing Clause. - All laws, decrees, executive orders, rules and 
regulations or parts thereof inconsistent with or contrary to the provisions of this 
Act are hereby repealed or modified accordingly. 
SECTION 9. Separabiilify Clause. - If any part or provision of this Act is held 
unconstitutional or invalid, other parts or provisions thereof which are not 
affected shall continue to remain in full force and effect. 
SECTION 10. EffiviW. - This Act shall take effect after fifteen (15) days 
following completion of its publication in at least two (2) newspapers of general 
circulation. 
Approved.