NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. B. NO.1607
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*22 DEC-7 FA 26
RECEIVED BY;
Introduced by SENATOR JOEL VILLANUEVA
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
Cases of unjust detention or imprisonment is not unique to the 
Philippines. In the United States, for example, data from the Innocence Project 
reveals that 1% of the US prison population (or around 20,000 people) are 
falsely convicted.1 In fact, data shows that the total 3,250 exonerations from 
1989 to June 2022 translates to 28,171 lost years, or an average of 8.7 lost 
years per case.2 These victims are compensated by virtue of compensation 
statutes (currently in force in 38 states and the District of Columbia as of June 
2022), or via civil law suits or on the strength of a private bill.3 For example, in 
Alabama, Alabama Code 1975 (Sections 29-1-150 et seq.) creates the 
Committee on Compensation for Wrongful Incarceration which can give a 
minimum USD50,000 per year as long as the victim files such claim within two 
years.4
In the Philippines, Republic Act No. 7309, which was passed into law in 
1992, is the enabling law that provides for a system of compensation to those 
who were unjustly detained or imprisoned, and those who were victims of
1 How Many Innocent People are In Prison? Innocence Project. Retrieved from https://innocenceproiect.orQ/how- 
manv-innocent-people-are-in-prison/ (date last accessed: December 5, 2022).
2 The National Registry of Exonerations. Innocence Project. Retrieved from
https://www.law.umich.edu/special/exoneration/Paaes/Exonerations-in-the-United-States-Map.aspx (date last
accessed: December 5, 2022).
3 Compensation for Exonerees. Innocence Project. Retrieved from
https://www.law.umich.edu/special/exoneration/Documents/Compensation%20Primer.pdf (date last accessed: 
December 5, 2022).
4 Compensation Statutes: A National Overview. Innocence Project. Retrieved from
https://www.law.umich.edu/special/exoneration/Documents/Compensation%20Statutes%20A%20National%200vervi
ew.odf (date last accessed: December 5, 2022).


violent crimes. Under this law, these victims are entitled to P1,000 per month 
of unjust detention or imprisonment, but in no case higher than P10,000.5 
Victims must also file a claim within six months from release or from the date of 
damage or injury, otherwise, the claim is waived.6
While the minimum compensation of PI,000 per month may be 
adequate in 1992, such amount is not enough considering the rise in prices 
over the 30 years since the law’s enactment. Currently, the goods that could be 
bought with such amount will now cost more than P4,000.7 Thus, this bill seeks 
to update the provisions of the said law by:
a)
b)
c)
d)
e)
g)
h)
Broadening the power of the Board of Claims by empowering it to (i) 
undertake projects and measures to promote the Victims’ Compensation 
Program; (ii) monitor and assess the implementation of the Act; and (iii) to 
exercise all powers necessary to carry out the provisions and/or objectives 
of the Act;
Expanding the list of claimants to include (i) victims of homicide, murder, 
serious physical injuries, human trafficking, online sexual abuse or 
exploitation of children (OSAEC), kidnapping or serious illegal detention; 
(ii) any child who is a victim of sexual abuse; and (iii) any person who is a 
victim of an offense where the law allows compensation;
Increasing the amount of compensation to P5,000 per month, subject to a 
maximum amount of P300,000 for victims of illegal detention, and 
P50,000 for victims of other crimes;
Lengthening the period within which to file claims to one year (i) after 
claimant is released from prison or detention; (ii) from the date the trial 
court has rendered its judgment in cases of arbitrary detention; (iii) from 
the date the victim suffered damage or injury; (iv) from the date of 
discovery or reporting of the incident of rape; and (v) from the date of 
release or rescue in cases of human trafficking , kidnapping or serious 
illegal detention;
Expanding the list of those who can file a claim to include the grandparent 
who has custody of the minor or the legal guardian;
Increasing the funding from the Philippine Amusement and Gaming 
Corporation (PAGCOR) from one percent (1%) to three percent (3%); 
Mandating the creation of a Secretariat of the Board; and 
Establishing a Trust Fund to be managed by the Board, whose funds are 
from the funds remitted by the PAGCOR and the Victims’ Compensation 
Fund.
In view of the foregoing, the immediate passage of this measure is 
earnestly sought.
ILLAN
5 Sec. 4.
6 Sec. 5.
7 According to the Inflation Calculator available at httDs://acesubido.net/Dh-inflation-calculator/ (date last accessed: 
December 5, 2022). Exact equivalent is P4.273.57 (equivalent to an increase of 327.36%).


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE 
S. B. NO. 1607
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*22 DEC-7 P4 -26
RECEIVED BY:
Introduced by SENATOR JOEL VILLANUEVA
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”
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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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 
(DOJ), hereinafter referred to as the Board, to be composed of one 
(1) chairman and two (2) members to be designated by the 
Secretary of the said department.
THE BOARD SHALL HEREBY ADMINISTER THE VICTIMS’ 
COMPENSATION PROGRAM, AS PROVIDED UNDER THIS 
ACT.”
SEC. 2. Section 2 of Republic Act No. 7309 is hereby amended to read 
as follows:
“Section 2. Powers and Functions of the Board. - The Board shall 
have the following powers and functions:
(a) to receive, evaluate, process, and investigate application for 
claims under this Act;


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(b) 
to conduct an independent administrative hearing and 
resolve application for claims, grant or deny the same;
(c) 
to COORDINATE WITH AND deputize appropriate 
government agencies in order to effectively implement its functions;
(d) 
to promulgate rules and regulations in order to carry out the 
objectives of this Act;
(e) 
TO UNDERTAKE PROJECTS AND MEASURES TO 
PROMOTE THE VICTIMS’ COMPENSATION PROGRAM;
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TO MONITOR AND ASSESS THE IMPLEMENTATION OF 
THIS ACT; AND
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TO EXERCISE ALL THE POWERS NECESSARY TO 
CARRY OUT THE PROVISIONS AND/OR OBJECTIVES OF THIS 
ACT.”
SEC. 3. Section 3 of Republic Act No. 7309 is hereby amended to 
read as follows;
“Section 3. Who may File Claims - The following may file claims for 
compensation:
(a) 
any person who was unjustly accused, and imprisoned, but 
subsequently released by virtue of a judgement of acquittal BY THE 
COURT BASED ON HIS INNOCENCE AND NOT ON A FINDING 
OF REASONABLE DOUBT;
(b) 
any person who was unjustly detained and released without 
being charged;
(c) 
any victim of arbitrary or illegal detention by the authorities 
as defined in the Revised Penal Code AND AS DECIDED IN a 
judgment of the trial court;
(d) 
any person who is a victim of violent crime. For purposes of 
this Act, violent crimes shall include but shall include, BUT NOT BE 
LIMITED TO, rape, HOMICIDE, MURDER, SERIOUS PHYSICAL 
INJURIES, HUMAN TRAFFICKING, ONLINE SEXUAL ABUSE OR 
EXPLOITATION OF CHILDREN (OSAEC), KIDNAPPING OR 
SERIOUS ILLEGAL DETENTION, and shall likewise refer to crimes 
committed with malice which resulted in death or serious physical/or 
psychological injuries, permanent incapacity or disability, insanity, 
abortion, serious trauma, or committed with torture, cruelty or 
barbarity;
(e) 
ANY CHILD WHO IS A VICTIM OF SEXUAL ABUSE 
UNDER SECTION 5(B) OF REPUBLIC ACT NO. 7610, AS


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AMENDED, OTHERWISE KNOWN AS THE ‘SPECIAL 
PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION 
AND DISCRIMINATION ACT’; AND
(f) ANY PERSON WHO IS A VICTIM OF AN OFFENSE 
WHERE THE LAW ALLOWS COMPENSATION.”
SEC. 4. 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 FIVE THOUSAND PESOS (^5,000.00) PER 
MONTH, NOT EXCEEDING THREE HUNDRED THOUSAND 
PESOS (^300,000.00).
In all other cases, the maximum amount for which the Board may 
approve a claim shall not exceed FIFTY THOUSAND PESOS 
(P50,000.00).
This is without prejudice to the right of the claimant to seek other 
remedies under existing laws. THE AMOUNTS HEREIN PROVIDED 
SHALL BE ADJUSTED EVERY FIVE (5) YEARS TO ACCOUNT 
CONSIDERING THE PREVAILING COST OF MONEY BASED ON 
THE CURRENT CONSUMER PRICE INDEX.”
SEC. 5. Section 5 Republic Act No. 7309 is hereby amended to read as 
follows:
“Section 5. When to File Claims. - Any person entitled to 
compensation under this Act must FILE HIS CLAIM WITH THE 
BOARD OF CLAIMS OR ANY OF THE PROSECUTION OFFICES 
WITHIN ONE (1) YEAR:
(a) 
AFTER CLAIMANT IS RELEASED FROM PRISON OR 
DETENTION;
(b) 
FROM THE DATE THE TRIAL COURT HAS RENDERED 
ITS JUDGEMENT IN CASES OF ARBITARY DETENTION;
(c) 
FROM THE DATE THE VICTIM SUFFERED 
DAMAGE OR INJURY;
(d) 
FROM THE DATE OF DISCOVERY OR REPORTING OF 
THE INCIDENT OF RAPE; AND
(e) 
FROM THE DATE OF RELEASE OR RESCUE IN CASES 
OF HUMAN TRAFFICKING, ONLINE SEXUAL ABUSE OR


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EXPLOITATION OF CHILDREN (OSAEC), KIDNAPPING OR 
SERIOUS ILLEGAL DETENTION.
IN CASES OF ENFORCED OR INVOLUNTARY DISAPPEARANCE,
THE PROVISIONS OF REPUBLIC ACT NO. 10353, OTHERWISE 
KNOWN AS THE ‘ANTI-ENFORCED OR VOLUNTARY 
DISAPPEARANCE ACT OF 2012’ SHALL APPLY.”
SEC. 6. Section 6 Republic Act No. 7309 is hereby amended to read as 
follows;
“Section 6. Filing of Claims by Heirs. In case of death or incapacity 
of any person entitled to any award under this Act, the claim may be 
filed by his heirs, in the following order: by spouse, children, natural 
parents, brother and/or sister, GRANDPARENT WHO HAS 
CUSTODY OF THE MINOR, OR LEGAL GUARDIAN.”
SEC. 7. 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 (R10,000,000.00) is hereby authorized to be 
appropriated from the funds of the National Treasury not otherwise 
appropriated.
THE AMOUNT NECESSARY TO IMPLEMENT THE PROVISIONS 
OF THIS ACT SHALL BE CHARGED AGAINST THE CURRENT 
YEAR’S APPROPRIATIONS OF THE BOARD OF CLAIMS UNDER 
THE BUDGET OF THE DEPARTMENT OF JUSTICE. 
THEREAFTER, SUCH AMOUNT AS MAY BE NECESSARY FOR 
THE CONTINUED IMPLEMENTATION OF THIS ACT SHALL BE 
INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
The subsequent annual funding shall also partly come from THREE 
PERCENT (3%) of the net income of the Philippine Amusement and 
Gaming Corporation (PAGCOR).
To ensure the continuity of the funding requirements under this Act, 
the amount of FIFTY PESOS (P50.00) shall be set aside from each 
filing fee in every civil case filed with the court, the total proceeds of 
which shall constitute the Victims’ Compensation Fund to be 
administered by the BOARD OF CLAIMS.”
SEC. 8. A new Section 9-A is hereby inserted to read as follows:
“SECTION 9-A. SECRETARIAT. - THE BOARD SHALL 
ESTABLISH A SECRETARIAT AND DETERMINE THE 
ORGANIZATIONAL STRUCTURE AND THE STAFFING PATTERN 
OF THE BOARD WITH THE CORRESPONDING HONORARIA, 
SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF


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BUDGET AND MANAGEMENT IN ACCORDANCE 
RELEVANT CIVIL SERVICE RULES AND REGULATIONS.’
WITH
SEC. 9. A new Section 10-A is hereby inserted to read as follows:
“SECTION 10-A. TRUST FUND. - THE FUNDS REMITTED FROM 
THE PAGCOR AND THE VICTIMS’ COMPENSATION FUND 
UNDER SECTION 10 OF THIS ACT SHALL ACCRUE TO A TRUST 
FUND TO BE ADMINISTERED AND MANAGED BY THE BOARD, 
WHICH SHALL BE USED EXCLUSIVELY FOR THE FOLLOWING 
PROGRAMS, INCLUDING BUT NOT BUT NOT LIMITED TO:
(A) FOR THE PURPOSE OF 
FOR THE COVERED VICTIMS;
PAYMENT COMPENSATION
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PROVISION FOR THE NECESSARY TECHNICAL AND 
ADMINISTRATIVE SUPPORT SERVICES TO THE BOARD;
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FOR OPERATING EXPENSES OF THE BOARD, SUCH AS 
PAYMENT OF HONORARIA TO THE PERSONNEL AND 
PROCUREMENT OF THE NECESSARY EQUIPMENT FOR THE 
USE OF THE PERSONNEL IN THE DELIVERY OF THEIR 
SERVICES;
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PROMOTION OF INFORMATION AND DISSEMINATION 
CAMPAIGN ON VICTIM COMPENSATION PROGRAM.
SEC. 10. Implementing Rules and Regulations. - Within thirty (30) 
days from the approval of this Act, the Board, upon consultation with relevant 
stakeholders, shall promulgate the necessary rules and regulations for the 
effective implementation of this Act.
SEC. 11. Repealing Clause. - All laws, decrees, executive orders, rules 
and regulations or parts thereof which are contrary to or inconsistent with this 
Act hereby repealed, amended or modified accordingly.
SEC. 12. Separability Clause. - If for any reason any section or 
provision of this Act shall be declared unconstitutional or invalid, no other 
section or provision of this Act which are not affected thereby shall continue in 
force and effect.
SEC. 13. Effectivity. - This Act shall take effect after fifteen (15) days 
following its publication in the Official Gazette or in two (2) newspapers of 
general circulation.