REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. __ 1664

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

EXPLANATORY NOTE

The 1987 Constitution states that, "No person shall be deprived of life, liberty or property
without due process of law, or shall any person be denied the equal protection of the laws.”
Indeed, the right to be free is one of the most treasured right a human being can possess.
However, several instances prove that the right of liberty of every person in our country is not
guaranteed at all times. In most cases, the poor and those who belong to marginalized sectors
have been the ones accused and deprived of their freedom owing to the lack of due process of
law. Undeniably, there have been a number of circumstances where these accused persons -
who have been suffering in jails for numerous years, instead of spending the productive years
of their lives in liberty are later proved of their innocence.

Acknowledging the fact that nothing can pay damages to persons deprived of their liberty,
this bill seeks to compensate wrongfully-detained persons: Provided, That compensations
should be limited only to detainees who have been declared innocent in a full-blown trial on
the merits and not as a result of mere desistance or failure to be prosecuted by the private
complainant.

Realistically speaking, this measure does not pretend to compensate the sufferings,
deprivations and trauma caused by a wrongful detention. Rather, this bill generally aims to
correct an injustice brought about by a wrongful detention of a person by the State and its
agents.

In view of foregoing, immediate approval of this measure is eamestly sought.



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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _ 1664

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN UI

AN ACT
AMENDING SECTION 4 OF REPUBLIC ACT NO. 7309 ENTITLED, “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 the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 4 of 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", is hereby
amended to read as follows:

"Sec. 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 thousand pesos (PI1,000)] FIVE
THOUSAND PESOS (P5,000.00) per month.

"In all other cases, {the maximum amount for which the Board, may approve a
claim shall not exceed Ten thousand pesos (P10,000.00) 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 injury, whichever is
lower.] ANY PERSON WHO, HAD BEEN DETAINED AS A RESULT OF A
CRIMINAL INFORMATION FILED IN COURT BUT SUBSEQUENTLY
ACQUITTED OR FOUND INNOCENT BY A FINAL JUDGMENT OR
RESOLUTION OF A COURT OF COMPETENT JURISDICTION AFTER A
FULL- BLOWN TRIAL ON THE MERITS, SHALL BE COMPENSATED
AND/OR INDEMNIFIED AT A RATE OF SIXTY THOUSAND PESOS
(PHP60,000.00) FOR EVERY YEAR OF DETENTION. This is without prejudice to
the right of the claimant to seek other remedies under existing laws."

SEC 2. The amount of Ten Million Pesos (PHP10,000,000.00) is initially
appropriated to carry the purpose of this Act. Thereafter, the appropriation for this purpose
shall be included in the annual budget ofthe Department of Justice.


warvausuene

SEC 3, The Department of Justice shall promulgate the necessary guidelines, rules
and regulations to achieve the objectives of this Act.

SEC 4. All other laws, acts, decrees, executive orders, issuances and rules and
regulations or part thereof which are inconsistent with any provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC 5. This Act shall take effect within fifteen (15) days upon publication in the
Official Gazette or in any two (2) newspapers of general circulation.

Approved,