,~ell/ltl' 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
l.!jfhre of t~efo ... rret~ql 
'10 
NOV 17 P6 :03 
SENATE 
S.No. 2597 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
The 1987 Constitution states that, "No person shall be deprived oflife, liberty or property 
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without due process of law, or shall any person be denied the equal protection of the 
laws." Indeed, the right to be free is one of the most treasured right a human being can 
have. 
However, several instances prove that the right of liberty of every person in our country 
is not guaranteed at all times. In most cases, the poor and those who belong to 
marginalized sectors have been the ones accused and deprived of their freedom owing to 
lack of due process of law. Undeniably, there have been a number of circumstances 
where these accused persons - who have been suffering in jails for numerous years, 
instead of spending the productive years of their lives in liberty - later find out of their 
innocence. 
Acknowledging the fact that nothing can pay damages to persons deprived of their 
liberty, this bill seeks to compensate Wrongfully-detained persons; provided that 
compensation should be limited only to detainees who have been declared innocent in a 
full-blown trial on the merits and not as a result of mere desistance or failure to be 
prosecuted by the private complainant. 
Realistically speaking, this measure does not pretend to compensate the sufferings, 
deprivations and trauma caused by a wrongful detention. Rather, this bill generally aims 
to correct an injustice brought about by a wrongful detention of a person by the State and 
its agents. 
In view of the foregoing, the immediate approval of this bill is earnestly requested . 
....----n-... ~=)4--
Senator 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.No. 25S7 
~~lll1b 
(~ff". of t~.j>m.In'~ 
'10 
NOV 17 P 6·:03 
ImCEIVED BY:-@=-
Introduced by Senator Antonio "Sonny" F. Trillanes N 
AN ACT 
AMENDING SECTION 4 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 House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. 
Section 4 of Republic Act No. 7309, otherwise known as "An 
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Act Creating A Board of Claims Under the Department of Justice for Victims of Unjust 
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Imprisomnent or Detention and ViGtims 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 imprisomnent or detenttion, the 
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compensation shall be based on the number of months of imprisonment or detention 
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and every fraction thereof shall be considered one month; Provided, however, That in 
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no case shall such compensation exceed [One thousand pesos (Pl,OOO.OO)] FIVE 
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THOUSAND PESOS (P5,000.00) per month. 
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"In all other cases, [the maximum amount for which the Board, may approve a 
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claim shall not exceed Ten thousand pesos (p1O,OOO.OO) or the amount necessary to 
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reimburse 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, whichever is 
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lower.] ANY PERSON WHO, HAD BEEN DETAINED AS A RESULT OF A 
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1 
CRIMINAL 
INFORMATION FILED 
IN COURT 
BUT 
SUBSEQUENTLY 
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ACQUITTED OR FOUND INNOCENT BY A FINAL ruDGMENT OR 
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RESOLUTION OF A COURT OF COMPETENT JURISDICTION AFTER A FULL-
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BLOWN TRIAL ON THE MERITS, SHALL BE COMPENSATED AND/OR 
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INDEMNIFIED AT A RATE OF SIXTY THOUSAND PESOS ( PHP 60,000.00 ) 
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FOR EVERY YEAR OF DETENTION. This is without prejudice to the right of the 
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claimant to seek other remedies under existing laws. " 
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SEC 2. 
The amount of T6n Million Pesos ( Php 10,000,000.00 ) is initially 
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appropriated to cany the purpose of this Act. Thereafter, the appropriation for this 
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purpose shall be included in the annual budget of the Department of Justice. 
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SEC 3. 
The Department of Justice shall promulgate the necessary guidelines, 
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rules and regulations to achieve the ~bjectives of this Act. 
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SEC 4. 
All other laws, acts, decrees, executive orders, issuances and rules and 
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regulations or part thereof which are inconsistent with any provisions of this Act are 
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hereby repealed, amended or modified accordingly. 
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SEC 5. 
This Act shall take effect within fifteen (15) days upon publication in a 
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newspaper of general circulation. 
Approved, 
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