> RECEIVED.

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

HOUSE BILL No. 082

“Introduced by Representatives HORACIO P. SUANSING, JR.
and ESTRELLITA B. SUANSING

AN ACT
CREATING A CRIMINAL JUSTICE REFORM COMMISSION CHARGED WITH
THE INVESTIGATION AND PREVENTION OF WRONGFUL CONVICTIONS

EXPLANATORY NOTE

The criminal justice system aims to convict the guilty and acquit the innocent
However, there are cases when the justice system “fails” ~ when an innocent person
is wrongfully convicted and the real perpetrator remains at large, A research
conducted by the Innocence Project, a US-based organization dedicated to
exonerating the innocent and reforming the criminal justice system, shows that the
primary causes of wrongful convictions include the following: eyewitness
misidentification; negligence, misconduct and poor training in forensic laboratories;
false confessions; use of jailhouse informants; incompetent or inadequate defense
lawyering; and prosecutorial/police mistakes or misconduct.

At present, there is no government entity in our country charged with
conducting the independent, expert reviews of wrongful convictions necessary to
identify the primary and potential causes of wrongful convictions. The Philippines
would benefit from the creation of a Criminal Justice Reform Commission, through
the following:

1. Identification of the systemic causes of wrongful convictions;

2. Identification of policies and procedures demonstrated to minimize the
likelihood of wrongful convictions;

3. Proposal of reforms to minimize the likelihood of wrongful convictions,
bolster public confidence in the criminal justice system, and ensure that
the administration of criminal justice is fair, accurate and reliable; and

4, Conduct of its work in a manner that is transparent, with the goal of
keeping the public informed.

Victims look to the system to deliver justice — and when the system fails, not
only do the victims lose, but the lives of the wrongfully convicted innocent persons
are destroyed and public safety is threatened since the real perpetrators remain at
large. Given the high judicial error rate in capital cases released by the Philippine
Supreme Court — 71.77% in the year 2004 ~ measures clearly need to be taken to
reform the criminal justice system to prevent future wrongful convictions. Pursuant to
this, our country’s Supreme Court promulgated the Rule on DNA Evidence in

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October 2007, which allows post-conviction DNA testing. Through the passage of
this Bill, itis now Congress’ turn to do its part

In view of the foregoing, the immediate approval of this bill is earnestly
sought.

This bill was originally filed by Senator Miriam Defensor Santiago during the
Fourteenth Congress and refiled during the Sixteenth Congress.

HORACI JANSING, JR. ene B. SUANSING
2nd Distpet of Sultan Kudarat 1st District of Nueva Ecija



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 9982

Introduced by Representatives HORACIO P. SUANSING, JR.
and ESTRELLITA B. SUANSING

AN ACT
CREATING A CRIMINAL JUSTICE REFORM COMMISSION CHARGED WITH
THE INVESTIGATION AND PREVENTION OF WRONGFUL CONVICTIONS

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 14. Short Title. - This Act shall be known as the "Preventing
Wrongful Conviction Act.”

SECTION 2. Establishment of Justice Reform Commission. - The Justice
Reform Commission is hereby established

(A) Composition. - The Commission shall be composed of nine. members as
follows:

(1) a dean of a duly accredited law school;
(2) a law enforcement officer;
(3) an attorney from the Public Attorney's Office;
(4) a member of the Senate of the Philippines;
(5) a member of the House of Representatives;
(6) a member of the judiciary, with rank of judge or higher;
(7) a law professor,
(8) a professor in the field of forensic science; and
(9) a private attorney specializing in criminal law.
(B) Term. — Each member shall serve a two-year term.

(C) Presiding Officer. - The President shall designate a member to serve as
presiding officer.


SECTION 3. Duties of the Commission. — The Commission shall:

(A) Review all cases in which an innocent person was convicted and
exonerated;

(B) Identify the causes of wrongful convictions;

(C) Identify current laws, rules and procedures implicated by each identified
cause of wrongful convictions;

(D) By referencing peer-reviewed research and conducting consultations with
experts, identify potential solutions in the form of legislation, rule,
regulation or procedural changes, or educational or training programs
demonstrated to eliminate or minimize the occurrence of each cause of
wrongful convictions;

(E) For each identified potential solution, consider the implementation plan
and cost, and its impact on the criminal justice system;

(F) Issue interim reports and/or a detailed annual report recommending
solutions for each identified cause of wrongful convictions, and containing
any recommended legislation and/or other rule or policy changes
necessary to implement procedures and programs that would prevent
future wrongful convictions. Provided that:

(1) The report shall be made available to the public upon request;

(2) The findings and recommendations contained in the report may not
be used as binding evidence in any subsequent civil or criminal
proceeding.

SECTION 4, Submission of Report. — The Commission shall submit each
report described in Section 3(F) to the President, the Senate President and the
Speaker of the House of Representatives, and post a copy of it on the website of the
Department of Justice not later than 30 days after the submission of each report.

SECTION 5. Response to Report. — Not later than the 60" day after the date
of receipt of each report issued under this Act, the President, the Senate President
and the Speaker of the House of Representatives shall, singly or jointly, issue a
formal written response to the findings and recommendations of the Commission.

SECTION 6. Assistance. - The Department of Justice and the Department of
Interior and Local Government, shall assist the Commission in performing its duties.
Other government and private entities may also provide such assistance, with the
consent of a majority of the Commission members and provided that their
participation is consistent with the law.


SECTION 7. Appropriations. — To carry out the provisions of this Act, such
amount as may be necessary is hereby authorized to be appropriated from the
National Treasury

SECTION 8. Separability Clause. — If any provision of this Act is held invalid
or unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof

SECTION 9. Repealing Clause. — All laws, decrees, orders, and issuances,
or portions thereof, which are inconsistent with the provisions of this Act, are hereby
repealed, amended or modified accordingly.

SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of general
circulation

Approved,