FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First J<.egulllr Sessiol1 
) 
) 
) 
SENATE 
S. B. No. 2104 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
The Board of Claims was created to resolve applications for claims for 
compensation by victims of unjust imprisonment, detention and victims of violent 
crimes. However, compensation provided, as well as funding allocation, since its 
creation in 1992 has remained the same and is thus insufficient as proper compensation 
in present limes. 
This bill aims to reasonably compensate, at least financially, the loss suffered by 
the victims of unjust imprisonment by increasing the compensation of victims of unjust 
imprisonment or detention and victims of violent crimes authorized under r~epublic Act 
No. 7309 from 1'1,000 to 1'3,000 per month, while providing guidelines for establishing 
such claims. This bill also proposes increasing annual funding to 11/2 % and increased 
allocation for the Victims Compensation Fund. 
4; tl!s 
FRANCIS G. ESCUDERO 
, 
I i 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First negular Session 
) 
) 
) 
SENATE 
S. B.N02104 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
AMENDING CERTAIN SECTIONS 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 if enacted by the Senate and the IIouse of R.epresentative of the Philippines 111 
Congress assel1lbled: 
Section 1. Section 4 of Republic Act No. 7309, otherwise known as "An Act 
2 
Creating A Board of Claims Under the Department of Justice for Victims of Unjust 
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Imprisonment or Detention and Victims of Violent Crimes and For Other Purposes", is 
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hereby amended to read as follows: 
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"Sec. 4. Award Ceiling. - For victims of unjust imprisonment or 
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detention, the compensation shall be based on the number of months of 
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imprisonment or detention and every fraction thereof shall be considered 
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one month; Provided, however, That in no case shall such compensation 
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exceed lOne thousand pesos (Pl,OOO.OO)l THREE THOUSAND PESOS 
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(P3,000.00) per month. 
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"In all other cases, the maximum amount for which the Board may 
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approve a claim shall not exceed ITen thousand pesos (1'10,000.00)1 FIFTY 
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THOUSAND PESOS (P50,OOO.OO) or the amount necessary to reimburse 
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the claimant the expenses incurred for hospitalization, medical treatment, 
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loss of wage, loss of support or other expenses directly related to injury, 
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whichever is lower. This is without prejudice to the right of the claimant 
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to seek other remedies under existing laws." 
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Section 2. A new section, Section 4-A, is hereby inserted after Section 4 of 
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Republic Act No. 7309 to read as follows: 
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SEC. 4-A. CIVIL ACTION FOR UNJUST CONVICTION AND 
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IMPRISONMENT. - NOTWITHSTANDING THE PROVISIONS OF 
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THIS ACT OR ANY OTHER PERTINENT LAW, ANY PERSON 
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UNJUSTLY CONVICTED AND SUBSEQUENTLY IMPRISONED FOR 
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ONE OR MORE CRIMES WHICH HE DID NOT COMMIT MAY, 
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UNDER THE CONDITIONS HEREINAFTER PROVIDED, BRING AN 
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ACTION FOR DAMAGES BEFORE ANY COURT OF COMPETENT 
2 
JURISDICTION. 
3 
4 
THE PERSON, HEREINAFTER REFERRED TO AS THE 
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"CLAIMANT", SHALL ESTABLISH THE FOLLOWING BY CLEAR 
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AND CONVINCING EVIDENCE THAT: 
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8 
(1) 
HE WAS UNJUSTLY CONVICTED OF A CRIME AND 
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SUBSEQUENTLY 
SENTENCED 
TO 
A 
TERM 
OF 
10 
IMPRISONMENT, AND HAS SERVED ALL OR ANY 
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PART OF HIS SENTENCE; 
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(2) 
HE DID NOT COMMIT THE CRIME FOR WHICH HE 
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WAS CONVICTED; AND 
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(3) 
HE DID NOT BY HIS OWN CONDUCT CAUSE OR 
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BRING ABOUT HIS CONVICTION. 
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THE 
ACTION 
INITIATED 
BY 
A 
VERIFIED 
PETITION 
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CONTAINING STATEMENT OF THE FACTS CONCERNING THE 
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CLAIM FOR DAMAGES, SHALL BE BROUGHT BY THE CLAIMANT 
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WITHIN A PERIOD OF TWO YEARS AFTER HIS RELEASE FROM 
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IMPRISONMENT. 
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DAMAGES AWARDED PURSUANT TO THIS SECTION 
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SHALL NOT EXCEED TWICE THE AMOUNT OF THE CLAIMANT'S 
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INCOME IN THE YEAR PRIOR TO HIS INCARCERATION OR ONE 
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HUNDRED THOUSAND PESOS (PI00,000.00) FOR EACH YEAR OF 
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INCARCERATION, WHICHEVER IS GREATER. IN ADDITION, THE 
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CLAIMANT SHALL BE ENTITLED TO RECEIVE REASONABLE 
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ATTORNEY FEES. 
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A PERSON SERVING A TERM OF IMPRISONMENT FOR A 
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CRIME 
OTHER 
THAN 
A 
CRIME 
FOR 
WHICH 
HE 
WAS 
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MISTAKENLY CONVICTED SHALL NOT BE ELIGIBLE TO FILE A 
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CLAIM FOR DAMAGES PURSUANT TO THE PROVISIONS OF THIS 
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SECTION. 
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A PERSON SHALL NOT BE ELIGIBLE TO FILE A CLAIM FOR 
3$ 
DAMAGES PURSUANT TO THE PROVISIONS OF THIS SECTION IF 
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THE SENTENCE FOR THE CRIME OF WHICH THE PERSON WAS 
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MIST AKENL Y CONVICTED WAS SERVED CONCURRENTLY WITH 
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THE SENTENCE FOR THE CONVICTION OF ANOTHER CRIME. 
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Section 3. Section 9 of Republic Act No. 7309 is hereby amended to read as 
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follows: 
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"Sec. 9. Funding. - For purposes of this Act, the initial amount of 
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Ten million pesos (P10,000,000.00) is hereby authorized to be appropriated 
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from the funds of the National Treasury not otherwise appropriated. 
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The subsequent annual funding shall also partly come from lone 
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percent (1%)1 ONE AND ONE-HALF PERCENT (Ph %) of the net 
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income of the Philippine Amusement al'ld Gaming Corporation and lone 
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percent (1 %)1 ONE AND ONE-HALF PERCENT (1'12 (/0) of the proceeds 
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• 
and sales and other disposition and military camps in Metro Manila by 
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the Base Conversion and Development Authority. 
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The proceeds from any contract relating to the depiction of a crime 
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in a movie, book, newspaper, magazine, radio or television production, or 
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live entertainment, of any kind, or in any other [arm of commercial 
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exploitation of any convict's story, recollection, opinion and emotions with 
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regard to the offense committed shall not be released to convict in a 
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criminal case or his heirs, agents, assignees or successors in interest until 
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full compensation for damages suffered by or awarded to, the victim, his 
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heirs or successors in interest is paid or arranged for, and the state is able 
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to collect! assess fines and costs and any other amounts due it in case of a 
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conviction by final judgment. Such damages shall include, but shall not be 
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limited to, judicial awards, funeral expenses, medical expenses, lost 
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earning and the like. 
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To ensure the continuity of the funding requirements under this 
16 
Act, the amount of [Five pesos (1'5.00)J TEN PESOS (pIO.OO) shall be set 
17 
aside from each filing fee in every civil case filed with the court, the total 
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proceeds of which shall constitute the Victim Compensation Fund to be 
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administered by the Department of Justice." 
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Section 4. Vepenling Clnuse. - All decrees, executive orders, rules and regulations, 
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or parts' thereof, inconsistent with the provisions of this Act are hereby deemed 
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repealed or modified accordingly. 
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Section 5. Effectivity Clnuse. - This Act shall take effect fifteen (15) days after its 
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complete publication in the Official Gazette or in two (2) newspapers of general 
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circulation. 
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!\pproved, 
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