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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNU : 7054

Introduced by Rep. Jaime R. Fresnedi

EXPLANATORY NOTE

This proposed legislation aims to reasonably compensate, at least
financially, the loss suffered by those wrongfully incarcerated by increasing the
compensation of victims of unjust imprisonment or detention and victims of
violent crimes authorized under Republic Act No. 7309 (RA 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.” In order to give the Board of Claims the wherewithal to
implement this proposal, the bill also proposes to increase the sources of funds
for its implementation. Lastly, this proposed legislation also mandates the Courts
to notify victims of unjust imprisonment or detention and victims of violent
crimes the option to file for a claim.

RA 7309 provides that the maximum amount for which the Board may
approve a claim “shall not exceed Ten Thousand Pesos, 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 the
injury, whichever is lower.” This maximum amount has never changed since the
passage of the law in 1992. The amount provided in the law is no longer
compatible with the present conditions due to inflation. It is therefore not only
timely but also just and equitable to make adjustments in the maximum amount
to be claimed in order to keep pace with the changing times.

As to the number of claimants, according to the Board of in the year 2021,
it received 828 applications — of which 581 were granted and 68 were left
pending. In 2022, there were 1,437 applicants and only 899 were granted. As of
December of 2022, 118 applications for claims are still pending. According to the


Bureau of Jail Management and Penology, 7,118 individuals were acquitted in
2021. In 2022, 6,044 individuals were acquitted.

The numbers above beg for the question whether those who have been
incarcerated are aware of the existence of the Board of Claims. We can see that
there is a large disparity between the number of those who have been acquitted
and of those who have actually filed for claims for compensation. There may
therefore be a need to inform these persons of their option to file for a claim.

In view of the foregoing, the early passage of this bill is earnestly
requested.

Répresentative
Lone District, Muntinlupa City


HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

Dando, 1054

HOUSE BIL1*

Introduced by Representative Jaime R. Fresnedi

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 7309,
OTHERWISE KNOWN AS “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:

SECTION ONE. This Act shall be known as “Wasted Lives Bill”.

SEC. 2. Section 3 of Republic Act No. 7309, otherwise known as “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," is hereby amended to read
as follows:

“SEC. 3. Who may File Claims. — The following may file claims for
compensation before the board:

a) any person who was unjustly accused, convicted, and imprisoned but
subsequently released by virtue of a judgment of acquittal OR ANY PERSON
WHO WAS UNJUSTLY ACCUSED AND IMPRISONED BUT
SUBSEQUENTLY RELEASED BY VIRTUE OF A JUDGMENT OF
DISMISSAL;

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

©) any victim of arbitrary or illegal detention by the authorities as defined in
the Revised Penal Code under a final judgment of the court; and

d) any person who is a victim of violent crimes. For purposes of this Act,
violent crimes shall include rape and shall likewise refer to 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.”


SEC. 3. Section 4 of the same Act 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
(P1,000.00)] TEN THOUSAND PESOS (P10,000.00) per month.

In all other cases, the maximum amount for which the Board may approve a claim
shall 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 earning
capacity, loss of support or other expenses directly related to injury, whichever is
[lower] HIGHER. This is without prejudice to the right of the claimant to seek
other remedies under existing laws.”

SEC. 4, Section 9 of the same Act is hereby amended to read as follows:

“Sec. 9. Funding. ~ For purposes of this Act, the initial amount of Ten
Million (P10,000,000.00) 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%) 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 OF military camps in Metro Manila AND
OTHER AREAS IN THE COUNTRY 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 of his heirs, agents,
assignees 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)] FIFTY PESOS (P50.00) shall be set aside from
each filing fee in every civil case filed with the Court, the total proceeds of which
shall constitute the Victim’s Compensation Fund to be administered by the
Department of Justice.”

SEC. 5. A new section after Section 5 of the same Act shall be inserted which shall read
as follows:

“SEC. 5-A. DUTY OF THE COURTS TO NOTIFY. - IT SHALL BE
INCUMBENT UPON THE COURTS TO NOTIFY VICTIMS OF UNUUST

2


IMPRISONMENT AND VICTIMS OF VIOLENT CRIMES THAT THEY
MAY FILE FOR A CLAIM UNDER THIS ACT. SAID NOTIFICATION
SHALL BE INCLUDED IN THE RELEASE ORDER OF THE COURTS.”

SEC. 6. Separability Clause. ~ Should any provision herein be declared unconstitutional,
the same shall not affect the validity of the other provisions of this Act.

SEC. 7. Repealing Clause. — All decrees, executive orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby deemed repealed, or modified
accordingly.

SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or at least two (2) newspapers of general circulation.

Approved,