16th CONGRESS OF THE REPUBLIC 
OF THE pmLIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
S.B. No. 
2842 
Introduced by Senator Ramon Bong Revilla, Jr. 
L. 
'15 
JUN 10 P2 :38 
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 
This bill intends to reasonably compensate, at least fmancially, the loss 
suffered by the victims of unjust imprisonment, whether a private or public 
official, by increasing the compensation of victims of unjust imprisonment or 
detention and victims of violent crimes authorized under Republic Act No. 7309 
from one thousand pesos (PI,OOO) to ten thousand pesos (PIO,OOO) per month, 
while providing guidelines for establishing such claims. This bill also proposes 
increasing annual funding to Ilh% and increased allocation for the Compensation 
Fund, as described under section 9 of Republic Act No. 7309. 
Immediate passage of this bill is highly needed. 
D'V·"G REVILLA, JR. 


16th CONGRESS OF THE REPUBLIC 
) 
OF THE PIDLIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.B. No. 
2842 
Introduced by Senator Ramon Bong Revilla, Jr. 
~-f"ti~l"'" 
".0.<-" 
i,;. ,,< '" 
f~!h;r !"f !l~r ~"l'rHbt~ 
'15 
JUNIO P2:38 
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 if enacted by the Senate and the House of Representatives of the Philippines Congress 
assembled: 
1 
Section 1. Section 4 of Republic Act No. 7309, otherwise known as "An Act Creating A Board 
2 
of Claims Under the Department of Justice for Victims of Unjust Imprisonment or Detention and 
3 
Victims of Violent Crimes and For Other Purposes", is hereby amended to read as follows: 
4 
"Sec. 4. Award Ceiling. - For victims of unjust imprisonment or detention. the compensation 
5 
shall be based on the number of months of imprisonment or detention and every fraction thereof 
6 
shall be considered one month; Provided, however, That in no case shall such compensation 
7 
exceed one thousand pesos (PI ,000.00) [TEN THOUSAND PESOS (PI0,000.00)] per month. 
8 
"In all other cases, the maximum amount for which the Board may approve a claim shall not 
9 
exceed ten thousand pesos 
(PIO,OOO.OO) 
[ONE HUNDRED THOUSAND PESOS 
10 
(PI00,000.00)] or the amount necessary to reimburse the claimant the expenses incurred for 
11 
hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related 
12 
to injury, whichever is lower. This is without prejudice to the right of the claimant to seek other 
13 
remedies under existing laws." 
14 
Section 2. A new section, Section 4-A, is hereby inserted after Section 4 of Republic Act No. 
15 
7309 to read as follows: 
16 
SEC. 4-A. CIVIL ACTION FOR UNJUST CONVICTION AND IMPRISONMENT. 
17 
- NOTWITHSTANDING THE PROVISIONS OF THIS ACT OR ANY OTHER 
18 
PERTINENT LAW, 
ANY PERSON UNJUSTLY CONVICTED AND 
19 
SUBSEQUENTLY IMPRISONED FOR ONE OR MORE CRIMES WHICH HE 
20 
DID NOT COMMIT MAY, UNDER THE CONDITIONS HEREINAFTER 


1 
PROVIDED, BRING AN ACTION FOR DAMAGES BEFORE ANY COURT 
2 
OF COMPETENT JURISDICTION. 
3 
THE PERSON, HEREINAFTER REFERRED TO AS THE "CLAIMANT", 
4 
SHALL ESTABLISH THE FOLLOWING BY CLEAR AND CONVINCING 
5 
EVIDENCE THAT: 
6 
(1) HE WAS UNJUSTLY CONVICTED OF A CRIME AND SUBSEQUENTLY 
7 
SENTENCED TO A TERM OF IMPRISONMENT, AND HAS SERVED ALL 
8 
OR ANY PART OF HIS SENTENCE; 
9 
(2) HE DID NOT COMMIT THE CRIME FOR WHICH HE WAS 
10 
CONVICTED; AND 
11 
(3) HE DID NOT BY HIS OWN CONDUCT CAUSE OR BRING ABOUT HIS 
12 
CONVICTION. 
13 
THE ACTION INITIATED BY A VERIFIED PETITION CONTAINING 
14 
STATEMENT OF 
THE FACTS 
CONCERNING THE CLAIM FOR 
15 
DAMAGES, SHALL BE BROUGHT BY THE CLAIMANT WITHIN A 
16 
PERIOD OF TWO YEARS AFTER HIS RELEASE FROM IMPRISONMENT. 
17 
DAMAGES AWARDED PURSUANT TO THIS SECTION SHALL NOT 
18 
EXCEED TWICE THE AMOUNT OF THE CLAIMANT'S INCOME IN THE 
19 
YEAR PRIOR TO HIS INCARCERATION OR TWO HUNDRED FIFTY 
20 
THOUSAND 
PESOS 
(P250,000.00) 
FOR 
EACH 
YEAR 
OF 
21 
INCARCERATION, WHICHEVER IS GREATER. IN ADDITION, THE 
22 
CLAIMANT 
SHALL BE ENTITLED 
TO 
RECEIVE REASONABLE 
23 
ATTORNEY FEES. 
24 
A PERSON SERVING A TERM OF IMPRISONMENT FOR A CRIME OTHER 
25 
THAN A CRIME FOR WHICH HE WAS MISTAKENLY CONVICTED 
26 
SHALL NOT BE ELIGIBLE TO FILE A CLAIM FOR DAMAGES 
27 
PURSUANT TO THE PROVISIONS OF THIS SECTION. 
28 
A PERSON SHALL NOT BE ELIGIBLE TO FILE A CLAIM FOR DAMAGES 
29 
PURSUANT TO THE PROVISIONS OF THIS SECTION IF THE SENTENCE 
30 
FOR THE CRIME OF WHICH THE PERSON WAS MISTAKENLY 
31 
CONVICTED WAS SERVED CONCURRENTLY WITH THE SENTENCE 
32 
FOR THE CONVICTION OF ANOTHER CRIME. 
2 


1 
Section 3. Section 9 of Republic Act No. 7309 is hereby amended to read as follows: 
2 
"Sec. 9. Funding. - For purposes of this Act, the initial amount of twenty million pesos 
3 
(P20,000,000.00) is hereby authorized to be appropriated from the funds of the National 
4 
Treasury not otherwise appropriated. 
5 
The subsequent annual fimding shall also partly come from lone percent (1%) [ONE AND ONE-
6 
HALF PERCENT (1 Yz%] of the net income of the Philippine Amusement and Gaming 
7 
Corporation and lone percent (1%) [ONE AND ONE-HALF PERCENT (lYz%)] of the proceeds 
8 
and sales and other disposition and military camps in Metro Manila by the Base Conversion and 
9 
Development Authority. 
10 
The proceeds from any contract relating to the depiction of a crime in a movie, book, newspaper, 
11 
magazine, radio or television production, or live entertainment, of any kind, or in any other [arm 
12 
of commercial exploitation of any convict's story, recollection, opinion and emotions with regard 
13 
to the offense committed shall not be released to convict in a crimina! case or his heirs, agents, 
14 
assignees or successors in interest until full compensation for damages suffered by or awarded 
15 
to, the victim, his heirs or successors in interest is paid or arranged for, and the state is able to 
16 
collect/assess fines and costs and any other amounts due it in case of a conviction by fmal 
17 
judgment. Such damages shall include, but shall not be limited to, judicial awards, fimeral 
18 
expenses, medical expenses, lost earning and the like. 
19 
To ensure the continuity of the fimding requirements under this Act, the amount of five pesos 
20 
(PS.OO) [TEN PESOS (PIO.OO)] shall be set aside from each filing fee in every civil case filed 
21 
with the court, the total proceeds of which shall constitute the Victim Compensation Fund to be 
22 
administered by the Department of Justice." 
23 
Section 4. Repealing Clause. - All decrees, executive orders, rules and regulations, or parts' 
24 
thereof, inconsistent with the provisions of this Act are hereby deemed repealed or modified 
2S 
accordingly. 
26 
Section 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete 
27 
publication in the Official Gazette or in two (2) newspapers of general circulation. 
28 
Approved, 
29 
3