Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

2651

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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"

EXPLANATORY NOTE

The 1987 Constitution is explicit in its guarantee that no person shall be deprived
of life, liberty or property without due process of law. Nonetheless, a number of people
still fall victim to false accusations and subjected to imprisonment for crimes they did not
commit, only to be subsequently acquitted. The said consequence is people unjustly
imprisoned suffer indignities, humiliation and degrading or inhuman treatment in the
hands of the agents of the government. Further, they endure the stigma put by society
against those imprisoned regardless of the cause of imprisonment or lack of it.

Likewise, the unfortunate victims of our criminal justice system, including their
families, suffer loss of livelihood for those times spent in prison. Moreover, due to the
social banishment put against person unjustly imprisoned, his or her reemployment is
rendered improbable

While the foregoing regrettable consequences cannot be fully compensated, 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 Republic Act
No. 7309, from a maximum of P1,000.00 to P3,000.00 per month for victims of unjust

1


imprisonment or detention and from a maximum amount of P10,000.00 to P50,000.00 in
all other cases.

In view of the foregoing, approval of this bill is earnestly requested.

vane Pdon ARROYO. GLORIA MACAPAGAL ARROYO

Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BillNo._2651

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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 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
(P1,000.00)] THREE THOUSAND PESOS (P3,000.00) 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)] FIFTY
THOUSAND PESOS (P50,000.00) 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.”

SECTION 2. A new section, Section 4-A, is hereby inserted after Section 4 of
Republic Act No. 7309 to read as follows:

SEC. 4-A. CIVIL ACTION FOR UNJUST CONVICTION AND
IMPRISONMENT. - NOTWITHSTANDING THE PROVISIONS OF THIS ACT OR
ANY OTHER PERTINENT LAW, ANY PERSON UNJUSTLY CONVICTED AND
SUBSEQUENTLY IMPRISONED FOR ONE OR MORE CRIMES WHICH HE
DID NOT COMMIT MAY, UNDER THE CONDITIONS HEREINAFTER
PROVIDED, BRING AN ACTION FOR DAMAGES BEFORE ANY COURT OF
COMPETENT JURISDICTION.

THE PERSON, HEREINAFTER REFERRED TO AS THE "CLAIMANT",
SHALL ESTABLISH THE FOLLOWING BY CLEAR AND CONVINCING
EVIDENCE THAT:

(1)HE WAS UNJUSTLY CONVICTED OF A CRIME AND
SUBSEQUENTLY SENTENCED TO A TERM OF IMPRISONMENT,
AND HAS SERVED ALL OR ANY PART OF HIS SENTENCE;

(2)HE DID NOT COMMIT THE CRIME FOR WHICH HE WAS
CONVICTED; AND

(3) HE DID NOT BY HIS OWN CONDUCT CAUSE OR BRING ABOUT
HIS CONVICTION.

THE ACTION INITIATED BY A VERIFIED PETITION CONTAINING
STATEMENT OF THE FACTS CONCERNING THE CLAIM FOR DAMAGES,
SHALL BE BROUGHT BY THE CLAIMANT WITHIN A PERIOD OF TWO
YEARS AFTER HIS RELEASE FROM IMPRISONMENT.

DAMAGES AWARDED PURSUANT TO THIS SECTION SHALL NOT
EXCEED TWICE THE AMOUNT OF THE CLAIMANT'S INCOME IN THE YEAR
PRIOR TO HIS 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 FEES.

A PERSON SERVING A TERM OF IMPRISONMENT FOR A CRIME
OTHER THAN A CRIME FOR WHICH HE WAS MISTAKENLY CONVICTED
SHALL NOT BE ELIGIBLE TO FILE A CLAIM FOR DAMAGES PURSUANT
TO THE PROVISIONS OF THIS SECTION.

A PERSON SHALL NOT BE ELIGIBLE TO FILE A CLAIM FOR
DAMAGES PURSUANT TO THE PROVISIONS OF THIS SECTION IF THE
SENTENCE FOR THE CRIME OF WHICH THE PERSON WAS MISTAKENLY


CONVICTED WAS SERVED CONCURRENTLY WITH THE SENTENCE FOR
THE CONVICTION OF ANOTHER CRIME.

SECTION 3. Section 9 of Republic Act No. 7309 is hereby amended to read as
follows:

"Sec. 9. Funding. - For purposes of this Act, the initial amount of Ten
million pesos (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%)] ONE AND ONE-HALF PERCENT (1%%) of the net income of the
Philippine Amusement and Gaming Corporation and [one percent (1%)] ONE
AND ONE-HALF PERCENT (1%%) of the proceeds and sales and other
disposition and 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 any
convict's story, recollection, opinion and emotions with regard to the offense
committed shall not be released to 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)] TEN PESOS (P10.00) 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 Compensation Fund to be administered by the
Department of Justice.”

SECTION 4. Repealing Clause. - All decrees, executive orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
deemed repealed or modified accordingly.

SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its complete publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,