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Republic of the Philippines

HOUSE OF REPRI TATIVES.

Quezon City

Eighteenth Congress

First Regular Session

House Bill No: 3916

Introduced by REP. MERCEDES 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 forOther 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,
afier 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 tKe convict is acquitted of the charges.
Wrongfully convicted persons have been incarcefated only to be acquitted later. These
persons, despite their proven innocence and after finally being exonerated, find it difficult to
reenter the mainstream. ef society because of {he notable indifference accorded to them.

A Rehabilitation Enhancemént for Holistic Advancement of Beneficiaries (REHAB)
program of the Department of Labor and Employinent and the Department of Justice as well
as other govefnment agencies and non-government organizations provides ex-offenders with
livelihood assistance which will genérate sustainable employment to help them become


produétive individuals. This program is not enough’ especially for wrongfully convicted
persois.

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 back
in 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.

i ; Ae CCabas



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Eighteenth Congress
First Regular Session

House Bill No;_3916

Introduced by REP. MERCEDES C. CAGAS

AN ACT INCREASING THE COMPENSATION FOR PERSONS
WRONGFULLY CONVICTED OF A CRIME, AMENDING FOR THE PURPOSE
REPUBLIC ACT 7309, ENTITLED, “AN ACT CREATING A BOARD OF CLAIMS
DER 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 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 éase
shall such compensation exceed {One thousand pesos (P 1,000.00)] FIVE THOUSAND
PESOS (P 5,000.00) per month.”

In all other cases, the maximum, amount for which the Board may approve a claim
shall" not exceed [Ten ‘thousand pesos (10,000.00)} SIXTY THOUSAND (P-
60,000.00) or the amount necessary to reimburse the claimant thé expenses incurred
for hospitalization, medical treatment, los 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.

x THE DAMAGES. AWARDED PURSUANT TO THIS SECTION SHALL
NOT EXCEED ‘TWICE THE AMOUNT OF*THE CLAIMANT'S INCOME



INCARCERATION OR ONE HUNDRED THOUSAND PESOS. (P 100,000.00)
FOR EAG@H 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. - For purposes of this Act, the initial 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.

The subsequent annual funding shall also partly come from [one percent
(1 %)] ONE AND ONE-HALF PERCENT (1 ¥% %) of the proceeds arid 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 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,
regollection, 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 due it in case of a conviction by
final judgement. 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 (P 5.00)] TEN PESQS (P 10.00) shall be set aside from each
filing fee in every civil case filed with the court, the total proceeds of which shall
constitutes the Vietim.Compensation Fund to be administered by the Department of
Justice.”

SEC. 4, All laws, dedvees, orders, ‘ules and regulations and other issuances, or
parts thereof, which are inconsistent with the provisions of this Act. are hereby
repealed, amended or modified accordingly. < : y:

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

Approved, * "