Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BILL No.__3620_

Introduced by Representative Giorgidi B. Aggabao

EXPLANATORY NOTE

Republic Act Number (RA) 7309 authorizes the granting of compensation to
persons who were unjustly imprisoned or detained, or victimized by violent crimes.
‘The law was a piece of landmark legislation because it awards an indemnification of
One Thousand Peso (P1,000.00) for every month a qualified claimant had been
incarcerated. It also grants reimbursement of hospitalization expenses, compensation
for lost income and support to claimants who were physically injured, psychologically
scarred or permanently incapacitated.

Under the law, however, the maximum recoverable amount of indemnification is
only P10,000.00, This amount is now paltry and inconsequential. The original amount of
Php 10,000 has been depreciated so badly that its present value is probably only a tenth
ofits worth in 1992, when the law was first enacted.

To make the spirit and intent of RA 7309 alive, it is proposed that the rates and
ceiling of compensation be adjusted to a more contemporary level. Under the proposed
bill, the maximum recoverable amount is Php. 100,000.00 which, to be sure, is still
frugal, but nonetheless is a marked improvement on the original amount of
Php. 10,000.00.

Further, it is also proposed in this bill that the Board of Claims constituted under
the law be transferred from the Department of Justice to the Commission on Human
Rights considering that the unjustified incarcerations of claimants amount to a
trampling of one of the most basic of human rights — liberty .

‘The early passage of this bill is earnestly sought.

GIORGIDI B. AGGABAO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 83620

Introduced by Representative Giorgidi B. Aggabao

AN ACT
INCREASING THE COMPENSATION OF THOSE UNJUSTLY DETAINED
AND TRANSFERRING THE BOARD OF CLAIMS FROM THE DEPT. OF JUSTICE
TO THE COMMISSION ON HUMAN RIGHTS, AMENDING FOR
THE PURPOSE REPUBLIC ACT NUMBERED 7309”

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

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] COMMISSION ON HUMAN
RIGHTS, hereinafter referred to as Board, to be composed of one (1) chairman
and two (2) members to be appointed by the [Secretary] CHAIRMAN of the said
[Department] COMMISSION.

ALL REFERENCES IN R.A. 7309 TO THE DEPARTMENT OF JUSTICE AND THE
SECRETARY SHALL BE CHANGED TO COMMISSION ON HUMAN RIGHTS AND
CHAIRMAN, RESPECTIVELY.”

SEC, 2. Section 3 of Republic Act No. 7309 is hereby amended by adding
subparagraphs “e” and “f” therein to read as follows:

“SEC. 3. Who May File Claims. - The following may file claims for
compensation before the Board:

XXX XXX. Xxx


E) ANY PERSON WHO HAD BEEN APPREHENDED AND ARRESTED BY
VIRTUE OF A WARRANT OF ARREST ISSUED BY A JUDGE, OR
WITHOUT A WARRANT WHILE UNDERGOING INVESTIGATION,
AND/OR WHO, WHILE UNDER DETENTION, WAS SUBJECTED TO
BRUTALITIES AND TORTURE COMMITTED BY POLICE, MILITARY
AND OTHER LAW ENFORCEMENT AGENCIES AND THEREBY
SUFFERED INJURIES AS CERTIFIED BY A LICENSED DOCTOR OR
HOSPITAL, OR AS TESTIFIED TO IN A SWORN STATEMENT BY
HIS/HER COUNSEL, RELATIVE, NBI INVESTIGATOR, OR ANY
OFFICIAL, OR SUPPORTED BY PHOTOGRAPHS, VIDEOS, AND OTHER
DOCUMENTARY OR PHYSICAL EVIDENCE;

F) ANY PERSON UNJUSTLY IMPRISONED ON ONE CHARGE EVEN IF
HE/SHE HAS OTHER CASES PENDING AGAINST HIM/HER OR FOR
WHICH HE/SHE IS CONVICTED; AND,

G) ANY PERSON WHO HAD BEEN ARRESTED AND DETAINED FOR AT
LEAST FIVE (5) YEARS AND WAS SUBSEQUENTLY ACQUITTED OF THE
CHARGE AGAINST HIM/HER BY ANY COURT OF COMPETENT
JURISDICTION.”

SEC, 3. Section 4 of Republic Act No. 7309 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
(P1,000.00)] TEN THOUSAND PESOS (P10,000.00) per month.

(b) In all other cases, the maximum amount for which the Board may approve a
claim shall not exceed [Ten Thousand Pesos (P10,000.00)] ONE HUNDRED
THOUSAND PESOS (P100,000.00) 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 the injury, or
whichever is lower. This is without prejudice to the right of the claimant to seek
other remedies under existing laws.”

SEC. 4. Section 5 of Republic Act No. 7309 is hereby amended to read as
follows:

“SEC. 5. When to File Claims. - Any person entitled to compensation under this


Act shall, within six (6) months after being released from imprisonment or
detention, [or from the date the victim suffered damage or injury] OR AFTER
BEING ACQUITTED OF THE CHARGES AGAINST HIM, file his claim with the
[Department] COMMISSION, otherwise, he shall be deemed to have waived the
same. Except as provided for in this Act, no waiver of claim whatsoever shall be
valid.”

N
SEC. 5. A new section shall be added before Section 10 of Republic Act No.
7309, to read as follows:

“SEC 10. SAFEGUARDS AGAINST FALSE CLAIMANTS. - THE FOLLOWING
SHALL SERVE AS SAFEGUARDS AGAINST FALSE CLAIMANTS:

A) THE APPLICATION FOR COMPENSATION SHALL BE SWORN TO;

B) A SUMMARY HEARING SHALL BE CONDUCTED WHEREIN THE
APPLICANT AND HIS/HER WITNESSES ARE SUMMONED BEFORE
THE ADMINISTERING BODY AND QUESTIONED ABOUT THE.
APPLICATION;

C) PERSONS FOUND GUILTY OF PERJURY SHALL BE PUNISHED IN
ACCORDANCE WITH LAW.”

SEC. 6. Section 9 of Republic Act No. 7309 is hereby amended to read as
follows:

“{Sec. 9. Funding. For purposes of this Act, the amount of ten million pesos
(P.10,000,000.00) is hereby authorized to be appropriated from the funds of the
National Treasury not otherwise appropriated. ]

SEC. 9, APPROPRIATIONS. - FOR PURPOSES OF CARRYIING OUT THE
PROVISIONS OF THIS ACT, ALL UNEXPENDED FUNDS OF THE BOARD OF
CLAIMS UNDER THE DEPARTMENT OF JUSTICE SHALL BE TRANSFERRED
TO THE COMMISSION ON HUMAN RIGHTS. THEREAFTER, SUCH SUMS
AS MAY BE NEEDED FOR THE PAYMENT OF COMPENSATION TO.
VICTIMS SHALL BE INCLUDED IN THE ANNUAL GENERAL
APPROPRIATIONS ACT.”

SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days upon its
publication in at least two (2) newspapers of general circulation.

Approved,