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

EIGHTEENTH CONGRESS
First Regular Session

5347

HOUSE BILL NO.

jn ne 77
Introduced by HON, JESUS MANUEL C. SUNTAY

AN ACT
AMENDING REPUBLIC ACT 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

Sec. 1, Article III of the 1987 Constitution states that “No Person shall be deprived of
life, liberty or property without due process of law.” Persons have been accused and imprisoned
for crimes they did not commit, only to be subsequently acquitted.

The International Covenant on Civil and Political Rights (ICCPR), Article 14 paragraph
6 also provides that “When a person has by a final decision been convicted of a criminal offence
and when subsequently his conviction has been reversed or he has been pardoned on the ground
that a new or newly discovered fact shows conclusively that there has been a miscarriage of
justice, the person who has suffered punishment as a result of such conviction shall be
‘compensated according to law, unless it is proved that the nondisclosure of the unknown fact
in time is wholly or partly attributable to him.”

In the Philippines, victims of unjust imprisonment or detention and victims of violent
crimes may claim their compensation through Republic Act No. 7309 enacted on March 30,
1992. This law also includes a person that has been unjustly detained and released without
being charged; a person who is a victim of arbitrary detention by the authorities as defined in
the Revised Penal Code under a final judgment of the court; or a person who is a victim of a
violent crime which includes rape and 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.

However, R.A. 7309 has not been amended since its passage. The amount provided in
the law is not relevant considering the present economic conditions. Moreover, the process of
claiming the compensation is slow and tedious. Effectively, it will discourage claimants from
applying for compensation and getting paid for the injury that it sustained as a result of injustice
‘committed upon them. This is apparent in the statistics provided by the Board of Claims. From


a total amount of approved claims of P18,665,000.00 in 2018, it dropped significantly to
7,805,000.00 as of September 2019!.

There is therefore an evident need for an amendatory law to be passed in order to adjust
the amounts of compensation and to improve the process of approval.

In view of the foregoing, approval of this bill is eamestly sought.

' Department of Justice (Manila), BOARD OF CLAIMS (R.A. 7309), ACCOMPLISHMENT
REPORT 1992-2019 (As of September 2019)


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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5347

ee
Introduced by HON. JESUS MANUEL C. SUNTAY.

ANACT
AMENDING REPUBLIC ACT NUMBERED 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 Session
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
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 fone
(1) chairman and two (2) members to be appointed by the Secretary of the said
department.] THE PROSECUTOR GENERAL AS CHAIRPERSON AND TWO
(2) SENIOR DEPUTY STATE PROSECUTORS AS MEMBERS TO BE
APPOINTED BY THE CHAIRPERSON.”

SECTION 2. Section 2 of Republic Act No. 7309 shall be amended to read as follows:

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

(a) to receive, evaluate, process and investigate application for claims under this
Act;

(b) to conduct an independent administrative hearing and resolve application for
claims, grant or deny the same;

(©) to COORDINATE WITH AND deputize appropriate government agencies in
order to effectively implement its functions;

(@) to promulgate rules and regulations in order to carry out the objectives of this
Act;


(©) TO UNDERTAKE PROJECTS AND MEASURES TO PROMOTE AND
EXPAND THE VICTIMS' COMPENSATION PROGRAM;

(® TO ESTABLISH THE NECESSARY SECRETARIAT AND
DESIGNATE EVALUATORS OF CLAIMS TO ASSIST THE BOARD IN
THE DISCHARGE OF ITS FUNCTIONS;

(g) TOMONITOR AND ASSESS THE IMPLEMENTATION OF THE LAW
AND;

(h) TO EXERCISE ALL THE POWERS NECESSARY TO CARRY OUT
‘THE PROVISIONS AND PURPOSES/OBJECTIVES OF THE LAW.

SECTION 3. Section 3 of Republic Act No. 7309 is herein amended to read as follows:
“Section 3. Who may File Claims - The following may file claims for compensation:

(a) any person who was [unjustly] WRONGLY accused, and [convicted]
imprisoned, but subsequently released by virtue of a judgment of acquittal BY THE
COURT BASED ON HIS INNOCENCE AND NOT ON A FINDING OF
REASONABLE DOUBT;

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

(c) any victim of arbitrary or illegal detention by the authorities as defined in the
Revised Penal Code [under] AND AS DECIDED IN a final judgment of the court;
and

(4) any person who is a vietim of violent crimes. For purposes of this Act, violent
crimes shall include rape, HOMICIDE, MURDER, SERIOUS PHYSICAL
INJURIES, HUMAN TRAFFICKING, KIDNAPPING OR SERIOUS
ILLEGAL DETENTION, and shall likewise refer to crimes 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.

SECTION 4. Section 4 of Republic Act No. 7309 shall be amended to read as follows:

“Section 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) per
month} TWO THOUSAND (P2,000.00) PESOS PER MONTH NOT
EXCEEDING ONE HUNDRED TWENTY THOUSAND PESOS (?120,000.00).

In all other cases, the maximum amount for which the Board may approve a claim
shall not exceed [Ten thousand pesos (P10,000.00)] THIRTY THOUSAND PESOS
(730,000.00) 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 5. Section.5 Republic Act No. 7309 is hereby amended to read as follows:

“Section 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 waive the same. Except as provided for
in this Act, no waiver of claim whatsoever ‘is valid.] BOARD OF ‘CLAIMS OR ANY
OF THE PROSECUTION OFFICES WITHIN ONE (1) YEAR:

(2) AFTER CLAIMANT IS RELEASED FROM PRISON OR DETENTION;
(b) FROM THE DATE THE JUDGEMENT HAS BECOME FINAL IN
CASES OF ARBITRARY DETENTION;

(©) FROM THE DATE THE VICTIM SUFFERED DAMAGE OR INJURY;
(@_ FROM THE DATE OF RELEASE OR RESCUE IN CASES OF HUMAN
TRAFFICKING, KIDNAPPING OR SERIOUS ILLEGAL DETENTION;

IN CASES OF ENFORCED OR INVOLUNTARY DISAPPEARANCE, THE
PROVISIONS OF RA 10353 SHALL APPLY.”

SECTION 6. Section 6 R.A. No. 7309 is hereby amended to read as follows:

“Section 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 his heirs, in the
following order: by [his surviving] spouse, children, natural parents, brother and/or
sister, GRANDPARENT WHO HAS CUSTODY OF THE MINOR.”

SECTION 7. The following provision is hereby inserted as the new Section 9 of the same Act,
to read as follows:

“SECTION 9. SECRETARIAT - THE BOARD SHALL ESTABLISH A
SECRETARIAT AND DETERMINE THE ORGANIZATIONAL
STRUCTURE AND ITS STAFFING PATTERN OF THE BOARD WITH THE
CORRESPONDING HONORARIA.”

SECTION 8. The former Section 9 of Republic Act No. 7309 is hereby renumbered and
amended to read as follows:

“SECTION 10. 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 AMOUNT NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
ACT SHALL BE CHARGED AGAINST THE CURRENT YEAR'S
APPROPRIATIONS OF THE BOARD OF CLAIMS UNDER THE BUDGET
OF THE DEPARTMENT OF JUSTICE. THEREAFTER, SUCH SUMS AS
MAY BE NECESSARY FOR THE CONTINUED IMPLEMENTATION OF
THIS ACT SHALL BE INCLUDED IN THE ANNUAL GENERAL
APPROPRIATIONS ACT.

‘The subsequent annual funding shall also partly come from [one percent (1%)] ONE
AND A HALF 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.]

[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 a 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)] THIRTY PESOS (30.00) shall be set aside from each filing
fee in every civil case filed with the court, the total proceeds of which shall constitute
the Victims’ Compensation Fund to be administered by the [Department of Justice]
BOARD OF CLAIMS.”

SECTION 9. A new provision of Section 11 is hereby inserted to read as follows:

“SECTION 11, TRUST FUND. - THE FUNDS REMITTED FROM THE
PAGCOR UNDER 2"? PARAGRAPH OF SECTION 10 HEREOF AND THE
VICTIMS’ COMPENSATION FUND UNDER 3®° PARAGRAPH OF
SECTION 10 SHALL ACCRUE TO A TRUST FUND TO BE ADMINISTERED
AND MANAGED BY THE BOARD TO BE USED EXCLUSIVELY FOR
PROGRAMS WHICH SHALL INCLUDE BUT NOT LIMITED TO THE
FOLLOWING:

(A) FOR THE PURPOSE OF PAYMENT 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 THE
NECESSARY EQUIPMENT FOR THE USE OF THE PERSONNEL IN THE
DELIVERING OF THEIR SERVICES.

(D) PROMOTION OF INFORMATION AND DISSEMINATION
CAMPAIGN ON VICTIM COMPENSATION PROGRAM.

SECTION 10. Implementing Rules and Regulations. - Within thirty (30) days from the
approval of this Act, the Board shall promulgate the necessary Rules and Regulations for the
effective implementation of this Act.

SECTION 11. Repealing Clause. — All laws, decrees, executive orders, rules and regulations
or parts thereof which are contrary to or inconsistent with this Act are hereby repealed,
amended or modified accordingly.


Section 12. Separability Clause. — If for any reason any section or provision of this Act shall
be declared unconstitutional or invalid, no other section or provision of this Act which are not
affected thereby shall continue in force and effect.

Section 13, Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in two (2) newspapers of general circulation.

Approved,