FOURTEENTH CONGRESS OF THE~REPUBLIC ) 
Second Regular Session 
OF THE PHILIPPINES 
1 
COMMITTEE REPORT NO.& 
9 my 23 ~10 
120 
Submitted by the Committees on Justice and Human Rights; Social Justice, Welfare 
and Rural Development; and Finance on 
MAY 2 R lfliq 
Re: Senate Bill No 
3287 
Recommending its approval in substitution of Senate Bill Nos. 925, 1244 and 3032. 
Sponsof Senators Escudero, Cayetano (P), and Angara 
MR. PRESIDENT: 
The Committees on Justice and Human Rights; Social Justice, Welfare and Rural 
Development; and Finance to which was referred Senate Bill No. 925 introduced by 
Senator Loren B. Legarda entitled: 
‘‘ AN ACT 
CRIME AND FOR OTHER PURPOSES ” 
PROVIDING COMPENSATION FOR PERSONS WRONGFULLY CONVICTED OF A 
Senate Bill No. 1244 introduced by Senator Francis N. Pangilinan entitled: 
“ AN ACT 
AMENDING SECTIONS 4 AND 9 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’ ” 
and Senate Bill No. 3032 introduced by Senator Jinggoy Ejercito Estrada entitled: 
“AN ACT 
PROVIDING REPARATION TO WRONGFULLY JAILED INDIVIDUALS PROVIDtNG 
FUNDS THEREFOR AND FOR OTHER PURPOSES” 
have considered the same and have the honor to report them back to the Senate with 
the recommendation that the attached bill, Senate Bill No. 
, prepared by the 
Committees, entitled: 


“ 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 approved in substitution of Senate Bill Nos. 925, 1244 and 3032 with Senators 
Legarda, Pangilinan, Ejercito Estrada, Cayetano (P), Angara and Escudero as authors 
thereof. 
Respectfully Submitted: 
Chaimersons: 
Committee on Justice and Human Rights 
Committee on #ocial Justice, 
Welfare and Rural Development 
Member, Committee on Finance 
EDGARDO J. ANGARA 
Committee on Finance 
Vice-Chairpersons: 
JOKER P. ARROYO 
Committee on Finance 
Committee on Justice and 
, Committees on Justice and 
Member, Committee on Firlance 


Members: 
Member, Committees on Justice 
and Human Rights; and Finance 
MAR ROXAS 
Member. 
on Justice and 
Human Rights; and Finance n 
MAN 
Member. Committees on S K a l  
Justice, Welfare and Rural 
Development; and Finance 
P 
CSON 
C mmi ee on Finance 
u 
ANTONIO “SONNY” F. TRILLANES IV 
Committee on Finance 
---.--- 
ALAN PETER”COMPA~ER0” 
S. CAYETANO 
Member, Committees on Justice and 
Human Rights; Social Justice, Welfare, 
And Rural Development; and Finance 
. 
ttees on Justice 
and Human Rights; and Finance 
Justice. Welfare. and Rural 
Development; and Finance 
MANNY VILLAR 
Committee on Finance 


Ex-Officio Members: 
JINGG Y EJERCITO ESTRADA 
Preside Pro-Tempore 
Majority Floor Leader 
wY'*
AQ LlNO Q. PIMENTEL JR. 
Minority Floor Leader 
Hon. JUAN PONCE ENRILE 
Senate President 
Senate of the Philippines 
Pasay City 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
S.B. NO. 32 8? 
9 HAY 78 A1o:f9 
Prepared jointly by the Committees on Justice and Human 
Welfare and Rural Development; and Finance with Senat 
Ejercito Estrada, Cayetano (P), Angara and Escuder 
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 PURP~SES" 
Be it enacted by the Senate and the House of Representative of the Philippines in Congress 
assembled: 
Section 1. Section 4 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. 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 (Pl,000.00)] THREE THOUSAND PESOS 
(P3,OOO.OO) per month. 
"In all other cases, the maximum amount for which the Board may 
approve a claim shall not exceed [Ten thousand pesos (PlO,OOO.OO)] FIFTY 
THOUSAND PESOS (P50,OOO.OO) 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 2. A new section, Section 4-A, is hereby inserted after Section 4 of 
Republic Act No. 7309 to read as follows: 
SEC. 4-A. CIVIL ACTION FOR W J U S T  CONVICTION AND 
IMPRISONMEAT. - NOTWITHSTANDING THE PROVISIONS OF 
THIS ACT OR ANY OTHER PERTINENT LAW, ANY PERSON 
UNJUSTLY CONVICTED AND SUBSEQUENTLY IMPRISONED FOR 
ONE OR MORE CRIMES WHICH HE DID NOT COMMIT MAY, 
UNDER  THE^ CONDITIONS HEREINAFTER PROVIDED, BRING AN 
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ACTION FOR DAMAGES BEFORE ANY COURT OF COMPETENT 
JURISDICTION. 
THE PERSON, HEREINAFTER REFERRED TO AS THE 
"CLAIMANT", SHALL ESTABLISH THE FOLLOWING BY CLEAR 
AND CONVINCING EVIDENCE THAT 
(1) HE WAS UNJUSTLY CONVICTED OF A CRIME AND 
SUBSEQUENTLY 
SENTENCED 
TO 
A 
TERM 
OF 
IMPRISONMENT, AND HAS SERVED ALL OR ANY 
PART OF HIS SENTENCE; 
HE DID NOT COMMIT THE CRIME FOR WHICH HE 
WAS CONVICTED; AND 
HE DID NOT BY HIS OWN CONDUCT CAUSE OR 
BRING ABOUT HIS CONVICTION. 
(2) 
(3) 
THE ACTION INITIATED BY A VERIFIED PETITION 
CONTAINING STATEMENT OF THE FACTS CONCERNING THE 
CLAIM FOR DAMAGES, SHALL BE BROUGHT BY THE CLAIMANT 
WITHIN A PERIOD OF TWO YEARS AFTER HIS RELEASE FROM 
IMPRISONMENT. 
DAMAGES AWARDED PURSUANT TO THIS SECTION 
SHALL NOT EXCEED TWICE THE AMOUNT OF THE CLAIMANT'S 
INCOME IN THE YEAR PRIOR TO HIS INCARCERATION OR ONE 
HUNDRED THOUSAND PESOS (E'lOO,OOO.OO) 
FOR EACH YEAR OF 
INCARCERATION, WHICHEVER IS GREATER. IN ADDITION, THE 
CLAIMANT SHALL BE ENTITLED TO RECEIVE REASONABLE 
ATTORNEY FEES. 
A PERSON SERVING A TERM OF IMPRISONMENT FOR A 
CRIME OTHER THAN A CRIME FOR WHICH HE WAS 
MISTAKENLY CONVICTED SHALL NOT BE ELIGIBLE TO FILE A 
CLAIM FOR DAMAGES PURSUANT TO THE PROVISIONS OF THIS 
SECTION. 
A PERSON SHALL NOT BE ELIGIBLE TO FILE A CLAIM FOR 
DAMAGES PURSUANT TO THE PROVISIONS OF THIS SECTION IF 
THE SENTENCE FOR THE CRIME OF WHICH THE PERSON WAS 
MISTAKENLY CONVICTED WAS SERVED CONCURRENTLY WITH 
THE SENTENCE FOR THE CONVICTION OF ANOTHER CRIME. 
Section 3. Section 9 of Republic Act No. 7309 is hereby amended to read as 
follows: 
"Sec. 9. Funding. - For purposes of this Act, the initial amount of 
Ten million pesos (PlO,OOO,OOO.OO) 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 (I%)] ONE AND ONE-HALF PERCENT (1% YO) of the net 
income of the Philippine Amusement and Gaming Corporation and [one 
percent (1%)] ONE AND ONE-HALF PERCENT (1% 
"0) of the proceeds 
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and sales and other disposition and military camps in Metro Manila by 
the Base 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 or 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)] TEN PESOS (P10.00) 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 Compensation Fund to be 
administered by the Department of Justice.” 
Section 4. 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. 
Section 5. Eflectivity Clause. - This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in two (2) newspapers of general 
circulation. 
Approved, 
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