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Republic of the Philippings = T= __

Seventeenth Congress
First Regular Session

HOUSE BILL NO. _8283

Introduced byHonorableMercedes “Didi” C. Cagas

EXPLANATORY NOTE

This bill seeks to increase the compensation for persons wrongfully
convicted of a crime, amending for the purpose Republic Act (RA) No. 7609,
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.”

Section 1, Article III of the 1987 Constitution states that:

“Section 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person be
denied the equal protection of the laws.”

‘A number of prisoners have been in jail for several years with their
cases still pending before the courts because there are not enough courts and
judges to hear and decide cases. Due to the snail-pace justice system, these
prisoners spend the best and productive years of their lives in prison. There is
a great percentage of those who languish in jail who, after years of court
hearings, are eventually acquitted of the charges, declared innocent and are set
free.


When a person is convicted and punished for a crime he did not
commit, there is miscarriage of justice. There are cases when, upon review of
the Supreme Court, the decisions of the lower courts are reversed and the
convict is acquitted of the charges. Wrongfully convicted persons have been
incarcerated only to be acquitted later. These persons, despite their proven
innocence and after finally being exonerated, find it difficult to reenter the
mainstream of society because of the notable indifference accorded to them.

A Rehabilitation Enhancement for Holistic Advancement of
Beneficiaries (REHAB) program of the Department of Labor and
Employment and the Department of Justice as well as other government
agencies and non-government organizations provides ex-offenders with
livelihood assistance which will generate sustainable employment to help
them become productive individuals. This program is not enough especially
for wrongfully convicted persons.

Under RA 7309, a Board of Claims under the Department of Justice
was created to receive, evaluate, process, investigate, approve or deny claims
of victims of unjust imprisonment or detention and of victims of violent
crimes. At present, the compensation provided in RA 7309 is no longer
sufficient considering that the law was enacted way backin 1992.

This bill aims to reasonably compensate the loss, injury and damage to
wrongfully convicted persons by increasing the compensation authorized
under RA 7309. It also proposes the increase in the annual funding and
allocation for the compensation fund. This measure will not indemnify the
deprivation, suffering and trauma caused by wrongful conviction but will
somehow correct the injustice experienced by persons wrongfully accused and
incarcerated.

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

snce oo \C. CAGAS


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Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 3283

Introduced byHonorableMercedes “Didi” C. Cagas

AN ACT
INCREASING THE COMPENSATION FOR PERSONS WRONGFULLY
CONVICTED OF A CRIME, AMENDING FOR THE PURPOSE
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 House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section4 of Republic Act No. 7309 is hereby amended to

read as follows:

“SEC. 4.Award Ceiling. — Forvictims of unjust imprisonment
ordetention, 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 (P1,000.00)|FIVE
THOUSAND PESOS (P5,000.00) per month.


In all other cases, the maximum amount for which the Board
mayapprove a claim shall not exceed [Ten thousand pesos
(P10,000.00)|SIXTY THOUSAND PESOS (P60,000.00) 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. This is
without prejudice to the right of the claimant to seek other remedies
under existing laws.

THE DAMAGES AWARDED PURSUANT TO THIS
SECTION SHALL NOT EXCEED TWICE THE AMOUNT OF
THE CLAIMANT’S INCOME IN THE YEAR PRIOR TO THE
CLAIMANT’S INCARCERATION OR ONE HUNDRED
THOUSAND PESOS (P100,000.00) FOR EACH YEAR OF
INCARCERATION, WHICHEVER IS GREATER. IN ADDITION,
THE CLAIMANT SHALL BE ENTITLED TO RECEIVE
REASONABLE ATTORNEY’S FEES.”

SEC. 3. Section 9 of the same Act is further amended to read as follows:

“SEC. 9. Funding. — Forpurposes of this Act, the initial
amount ofTen million pesos (P10,000,000.00) is hereby authorized
to be appropriated from the funds of the National Treasury not
otherwise appropriated.

‘The subsequent annualfunding shall also partly come from
[one percent (1%)|ONE AND ONE-HALF PERCENT (114%) of
the net income of the Philippine Amusement and Gaming
Corporation and [one percent (1%)]ONE AND ONE-HALF
PERCENT (114%) of the proceeds and sales and other disposition of
military camps in Metro Manila by the Bases Conversion and
Development Authority.

The proceeds from any contract relating to the depiction of a
crime in a movie, book, newspaper, magazine, radio or television
production, or live entertainment, of any kind, or in any other form
of commercial exploitation of a convict’s story, recollection,
opinion and emotions with regard to the offense committed shall


not be released to a convict in a criminal case or his heirs, agents,
assignees or successors in interest until full compensation for
damages suffered by or awarded to, the victim, his heirs or
successors in interest is paid or arranged for, and the state is able to
collect/assess fines and costs and any other amounts dueitin case of
a conviction by final judgment. Such damages shall include, but
shall not be limited to, judicial awards, funeral expenses, medical
expenses, lost earning and the like.

Cavaurnunn

10
1. To ensure the continuity of the funding requirements under

2 this Act, the amount of [Five pesos (P5.00)] TEN PESOS (P10.00)

13 shall be set aside from each filing fee in every civil case filed with

14 the court, the total proceeds of which shall constitute the Victim

15 Compensation Fund to be administered by the Department of

16 Justice.”

17

18

19 SEC. 4. All laws, decrees, orders, rules and regulations and other

20 issuances, or parts thereof, which are inconsistent with the provisions of this Act

21 are hereby repealed, amended or modified accordingly.

2 SEC. 5. This Act shall take effect fifteen (15) days after its publication in
23 the Official Gazette or in a newspaper of general circulation.

24 Approved,