Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

House BILL No. 2421

Introduced by REP. YSABEL MARIA J. ZAMORA

EXPLANATORY NOTE

Republic Act No. 7309 was enacted in 1992 to provide financial assistance to victims
of unjust imprisonment or detention and victims of violent crimes. However, the amounts of
compensation set by the law — One Thousand Pesos (P1,000.00) per month for the unjustly
imprisoned and a maximum of Ten Thousand Pesos (P10,000.00) for victims of violent
crimes — have not been adjusted in over three decades. This proposed measure seeks to
address this by increasing the financial assistance for qualified claimants and by expanding
the scope of covered offenses.

The bill proposes to raise the monthly compensation for unjust imprisonment or
detention to Five Thousand Pesos (P5,000.00), with a maximum cap of Three Hundred
Thousand Pesos (P300,000.00). For other qualified victims, such as those who suffered rape,
murder, human trafficking, torture, or online sexual exploitation, the financial assistance
will increase up to Fifty Thousand Pesos (P50,000.00) or the equivalent amount of verified
expenses, whichever is lower. It also gives victims a longer period—up to one year—to file a
claim, as opposed to the current period of only six months.

In addition, the bill expands the powers of the Board of Claims under the
Department of Justice to include public awareness campaigns and program monitoring. To
ensure sustainability of the Victim's Compensation Fund, the bill increases to Fifty Pesos
(P50.00) the amount to be set aside from the filing fee of every civil case filed with the Court.

This measure is a long-overdue reform that upholds justice not only in the
courtroom, but also in helping victims and the wrongfully accused rebuild their lives. It
recognizes the harm they have suffered and ensures that the State does its part in helping
them recover with dignity.

. YSABEL
Lone District,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

2421

HOUSE BILL Nt

Introduced by REP. YSABEL MARIA J. ZAMORA

AN ACT
INCREASING THE AMOUNT OF COMPENSATION FOR VICTIMS OF UNJUST
IMPRISONMENT OR DETENTION AND VICTIMS OF VIOLENT CRIMES, AND
APPROPRIATING FUNDS THEREFOR, 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. Section 1 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:

“SECTION 1. Creation and Composition of the Board. - There is hereby created a
VICTIMS’ COMPENSATION PROGRAM TO BE ADMINISTERED BY THE
Board of Claims under the Department of Justice, hereinafter referred to as the
Board, to be composed of one (1) [chairman] CHAIRPERSON and two (2)
members to be appointed by the Secretary of the said Department.”

SEC. 2. Section 2 of the same Act is hereby amended to read as follows:

“SEC. 2. Powers and Functions of the Board. - The Board shall have the
following powers and functions:

{@) Ito receive] RECEIVE, evaluate, process and investigate applications for
claims under this Act;

(®) Ito conduct] CONDUCT an independent administrative hearing and
resolve application for claims, AND grant or deny the same;

(Q) [tol COORDINATE WITH AND deputize appropriate government
agencies in order to effectively implement its functions; [and]


(4) Ito promulgate] PROMULGATE rules and regulations in order to carry
out the objectives of this Actl.l

(E) UNDERTAKE PROJECTS AND MEASURES TO PROMOTE
AWARENESS REGARDING THE VICTIMS’ COMPENSATION PROGRAM;

(F) MONITOR, EVALUATE, AND ASSESS THE IMPLEMENTATION
OF THE VICTIMS’ COMPENSATION PROGRAM; AND.

(G) EXERCISE ALL THE POWERS NECESSARY TO CARRY OUT THE
OBJECTIVES OF THIS ACT.”

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

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

a) any person who was unjustly accused [, convicted,] and DETAINED OR
imprisoned but subsequently released by virtue of a judgment of acquittal OR
DISMISSAL BY THE TRIAL COURT OR ON APPEALL].

FOR PURPOSES OF THIS ACT, A PERSON IS UNJUSTLY ACCUSED,
DETAINED, OR IMPRISONED IF IT IS SHOWN THAT THE DETENTION,
INFORMATION FILED, OR JUDGMENT RENDERED IS CONTRARY TO
LAW OR IS NOT SUPPORTED BY THE EVIDENCE, AND THE SAME WAS
DONE WITH CONSCIOUS AND DELIBERATE INTENT TO DO AN
INJUSTICE, OR IF IT Is SHOWN THAT THE PROSECUTOR OR JUDGE
ACTED WITH GROSS INEXCUSABLE NEGLIGENCE OR IGNORANCE OF
THE LAW;

b) any person who was unjustly detained and released without being
charged;

©) any victim of arbitrary DETENTION, UNLAWFUL ARREST, or illegal
detention by the authorities as defined in the Revised Penal Code funder]
BASED ON a final judgment of the PROPER court; [and]

4) any person who is a victim of violent crimes. For purposes of this Act,
violent crimes shalll include [rape]:

RAPE;

HOMICIDE;

MURDER;

SERIOUS PHYSICAL INJURIES;

KIDNAPPING OR SERIOUS ILLEGAL DETENTION;

HUMAN OR CHILD TRAFFICKING;

ONLINE SEXUAL ABUSE OR EXPLOITATION OF CHILDREN
(OSAEQ);

Nogeene


8. SEXUAL ABUSE UNDER SECTION 5(B) OF REPUBLIC ACT NO.
7610, AS AMENDED, OTHERWISE KNOWN AS THE “SPECIAL
PROTECTION OF CHILDREN AGAINST ABUSE,
EXPLOITATION AND DISCRIMINATION ACT";

9. TORTURE UNDER REPUBLIC ACT NO. 9745, OTHERWISE
KNOWN AS “AN ACT PENALIZING TORTURE AND OTHER
CRUEL, INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR”;

10. ENFORCED OR INVOLUNTARY DISAPPEARANCE UNDER
REPUBLIC ACT NO. 10353, OTHERWISE KNOWN AS “AN ACT
DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY
DISAPPEARANCE”;

and shall likewise refer to offenses committed with malice which resulted in
death or serious physical and/or psychological injuries, permanent incapacity or
disability, insanity, abortion, serious trauma, or committed with torture, cruelty
or barbarity[.J; AND

E) ANY PERSON WHO IS A VICTIM OF AN OFFENSE WHERE THE
LAW ALLOWS COMPENSATION.”

SEC. 4. Section 4 of the same Act is hereby amended to read as follows:

“SEC. 4. Award Ceiling. ~ For victims [of unjust imprisonment or detention]
UNDER PARAGRAPHS A), B) AND C) OF THE PRECEDING SECTION, 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)] SHALL BE IN THE AMOUNT OF FIVE THOUSAND PESOS
(45,000.00) per month, BUT SHALL NOT EXCEED A TOTAL OF THREE
HUNDRED THOUSAND PESOS (300,000.00) FOR EACH CLAIM.

“in all other cases, the maximum amount for which the Board may approve a
claim shall not exceed [Ten thousand pesos (P10,000.00)] FIFTY THOUSAND
PESOS (450,000.00) 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.”

SEC. 5. Section 5 of the same Act is hereby amended to read as follows:

“SEC. 5. When to File Claims. - Any person entitled to compensation under this
Act must [within six (6) months after being released from imprisonment or
detention, or from the date the victim suffered damage or injury, file his claim
with the Department, otherwise, he is deemed to have waived the same. Except
as provided for in this Act, no waiver of claim whatsoever is valid.| FILE THE
CLAIM WITHIN ONE (1) YEAR:


A) AFTER THE CLAIMANT IS RELEASED FROM PRISON OR
DETENTION;

B) FROM THE DATE OF THE FINALITY OF THE JUDGMENT OF
THE PROPER COURT IN CASES OF ARBITRARY DETENTION,
UNLAWFUL ARREST, AND ILLEGAL DETENTION;

) FROM THE DATE OF RELEASE OR RESCUE IN CASES OF
HUMAN OR CHILD TRAFFICKING, OSAEC, AND KIDNAPPING OR
SERIOUS ILLEGAL DETENTION;

D) FROM THE DATE OF DISCOVERY OR REPORTING OF THE
INCIDENT OF RAPE OR SEXUAL ABUSE UNDER RA 7610; AND

E) FROM THE DATE THE VICTIM SUFFERED DAMAGE OR INJURY.
SEC. 6. Section 6 of the same Act is hereby amended to read as follows:

“SEC. 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 this] THE
VICTIM'S heirs, in the following order: [by his] THE VICTIM'S surviving
spouse, children, [natural] parents, GRANDPARENTS, [brother and/or sister]
SIBLINGS.”

SEC. 7. Section 9 of the same Act is hereby amended to read as follows:

“Sec. 9. Funding. ~ For purposes of this Act, the initial amount of Ten Million
(P10,000,000.00) is hereby authorized to be appropriated from the funds of the
National Treasury not otherwise appropriated.

The subsequent annual funding shall also partly come from One Percent (1%) of
the net income of the Philippine Amusement and Gaming Corporation and One
percent (1%) of the proceeds and sales and other disposition of military camps in
Metro Manila by the Bases Conversion and Development Authority
APPROPRIATED TO FINANCE THE MULTI-YEAR PROGRAM OF THE
PROSECUTION SERVICE PURSUANT TO REPUBLIC ACT NO. 7227, AS
AMENDED BY REPUBLIC ACT NO. 7917, OTHERWISE KNOWN AS THE
"BASES CONVERSION AND DEVELOPMENT ACT OF 1992."

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
any convict’s story, recollection, opinions 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 due it in 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.

To ensure the continuity of the funding requirements under this Act, the amount
of [Five Pesos (P5.00)] 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 Victim's Compensation Fund to be administered by the
Department of Justice.”

SEC. 8. A new Section 9-A is hereby inserted after Section 9 of the same Act, to read as
follows:

“SECTION 9-A. TRUST FUND. - THE FUNDS REMITTED UNDER
SECTION 9 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 PURPOSES:

A) PAYMENT OF COMPENSATION FOR THE COVERED VICTIMS;

B) PROVISION FOR THE NECESSARY TECHNICAL AND
ADMINISTRATIVE SUPPORT SERVICES TO THE BOARD;

©) FOR OPERATING EXPENSES OF THE BOARD, SUCH AS PAYMENT
OF HONORARIA TO THE PERSONNEL AND PROCUREMENT OF
NECESSARY EQUIPMENT FOR THE USE OF THE PERSONNEL IN
THE DELIVERING OF THEIR SERVICES;

D) PROMOTIONS OF INFORMATION AND DISSEMINATION
CAMPAIGN ON VICTIM COMPENSATION PROGRAM.”

SEC. 9. Separability Clause. - If any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected shall remain in
full force and effect.

SEC. 10. Repealing Clause. — All other laws, executive orders, rules and regulations or parts
thereof which are inconsistent with the provisions of this Act are hereby amended or
repealed accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,