FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 432 
INTRODUCED BY SEN. JINGGOY EJERCITO 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 a/ways 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. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 13? 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING REPARATION TO WRONGLY JAILED INDIVIDUALS, 
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congres{! 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. 
SEC. 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 his/her own conduct, cause or bring about his/her 
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. 
SEC. 3. Report of Release. - It shall be the task of the Department of 
justice 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. 
SEC. 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. 
SEC. 5. Claim. - 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. 
SEC. 6. Assurance Fund - An additional amount equivalent to % 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 
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. 
SEC. 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 
implernentation of this Act. 
SEC. 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. 
SEC. 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. 
SEC. 10. Effectivity. - This Act shall take effect after fifteen (15) days 
following completion of its publication in at least two (2) newspapers of general 
circulation. 
Approved,