TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
2'd
U /\10 --31
SENATE
S. No.
IM.
Introduced by Senator Francis G. Escudero
AN ACT
AMENDING CERTAIN PROVISIONS 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 Board of Claims was created to resolve applications for claims for 
compensation by victims of unjust imprisonment, detention and victims of violent 
crimes. However, the compensation provided as weli as the funds allocated since its 
creation in 1992 have remained the same and thus proved insufficient as proper 
compensation at present times.
This biil, which was approved on third reading by the Senate in the Nineteenth 
Congress, 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.
This bili also proposes to increase the annual funding and aliocation for the 
Victims Compensation Fund.
Respectfuily submitted.
FRANCIS G. ESCUDERO


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
Id JllL U /\10 :^31
SENATE
S. No.
486
Introduced by Senator Francis G. Escudero
AN ACT
AMENDING CERTAIN PROVISIONS 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 assemble
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Section 1. Section 3 of Repubiic Act No. 7309, entitied "An Act Creating a Board
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of Ciaims Under the Department of Justice for Victims of Unjust Imprisonment or
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Detention and Victims of Vioient Crimes and For Other Purposes" is hereby amended
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to read as foilows:
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"Sec. 3. Who may File Claims. - The foliowing may file claims for
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compensation before the Board:
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"[(a) any person who was unjustly accused, convicted and
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imprisoned but subsequently released by virtue of a judgment of
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acquitt-alt]
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"[(te)](A)xxx;
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"(B) ANY PERSON WHO WAS UNJUSTLY ACCUSED,
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CHARGED, AND DETAINED BUT SUBSEQUENTLY RELEASED BY
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THE TRIAL COURT WITH A FINDING THAT NO CRIME WAS IN
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FACT COMMITTED OR THAT THE ACCUSED COULD NOT HAVE
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COMMITTED OR DID NOT COMMIT THE IMPUTED CRIME;


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"(C) ANY PERSON WHO WAS UNJUSTLY ACCUSED, 
CONVICTED, AND IMPRISONED BUT SUBSEQUENTLY 
RELEASED BY VIRTUE OF A JUDGMENT OF ACQUITTAL 
FINDING THAT NO CRIME WAS IN FACT COMMITTED OR THAT 
THE ACCUSED COULD NOT HAVE COMMITTED OR DID NOT 
COMMIT THE IMPUTED CRIME;
"[(€)] (D) X X x; and
"[(^] (E) X X X."
Sec. 2. 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 case shall such 
compensation exceed [One Thousand—Pesos (PI,000.00)] TEN 
THOUSAND PESOS (P10,000.00) per month.
"In all other cases, the maximum amount for which the Board 
may approve a claim shali 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 [tewer] HIGHER. This 
is without prejudice to the right of the claimant to seek other remedies 
under existing laws."
Sec. 3. Section 5 of Republic Act No. 7309 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] ONE (1) 
YEAR after being released from imprisonment or detention, or from the


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date the victim suffered damage or injury, fiie his OR HER daim with 
the [Department] BOARD OF CLAIMS, otherwise, he OR SHE is 
deemed to have waived the same. Except as provided for in this Act, no 
waiver of claim whatsoever is vaiid."
Sec. 4. A new Section 5-A is hereby inserted after Section 5 of Republic Act 
No. 7309, to read as follows:
"SEC. 5-A. REMOTE FILING OF CLAIMS. - ANY PERSON 
ENTITLED TO COMPENSATION UNDER THIS ACT MAY FILE HIS 
OR HER CLAIM REMOTELY, SUBJECT TO RULES AND 
REGULATIONS WHICH SHALL BE PROMULGATED BY THE 
BOARD."
SEC. 5. Section 6 of Republic Act No. 7309 is hereby amended to read as
foilows:
"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 his OR HER heirs, in the following order: by his OR HER 
surviving spouse, children, [natur-at] parents, brother and/or sister."
Sec. 6. Section 9 of Republic Act No. 7309 is hereby amended to read as
foiiows:
"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 shali aiso partiy come from [one 
percent (1%)] THREE PERCENT (3%) of the net income of the 
Philippine Amusement and Gaming Corporation and [one percent (1%)] 
THREE PERCENT (3%) of the proceeds and sales and other 
disposition and military camps in Metro Manila by the Bases Conversion 
and Deveiopment Authority.


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"The proceeds from any contract relating to the depiction of a
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crime in a movie, book, newspaper, magazine, radio or television
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production, or live entertainment, of any kind, or in any other form of
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commercial exploitation of any convict's story, recollection, opinion and
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emotions with regard to the offense committed shall not be released to
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convict in a criminal case or his OR HER heirs, agents, assignees or
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successors in interest until full compensation for damages suffered by
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or awarded to the victim, his OR HER heirs or successors in interest is
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paid or arranged for, and the state is able to collect/assess fines and
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costs and any other amounts due it in case of a conviction by final
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judgment. Such damages shall include, but shall not be limited to,
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judicial awards, funeral expenses, medical expenses, lost earnings and
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the like.
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"To ensure the continuity of the funding requirements under this
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Act, the amount of [Five Pesos (P5.00)] THIRTY PESOS (P30.00)
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shall be set aside from each filing fee in every civil case filed with the
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court, the total proceeds of which shall constitute the Victim's
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Compensation Fund to be administered by the Department of Justice."
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Sec. 3. Separability Clause. - If any provision or part hereof is declared
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unconstitutional, the remainder of this Act or any provision not affected thereby shall
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remain in full force and effect.
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Sec. 4. Repealing Clause. - All laws, presidential decrees, executive orders,
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rules, and regulations or parts thereof which are inconsistent with the provisions of
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this Act are hereby repealed or modified accordingly.
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Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or at least two (2) newspapers of general circulation.
Approved,