Republic of the Philippines
House of Representatives
Quezon City

Nineteenth Congress
irst Regular Session

1377

House Bill No.

Introduced by Representatives
MIKAELA ANGELA B. SUANSING and HORACIO P, SUANSING, JR.

AN ACT.
CREATING A CRIMINAL JUSTICE REFORM COMMISSION CHARGED WITH
THE INVESTIGATION AND PREVENTION OF WRONGFUL CONVICTIONS

EXPLANATORY NOTE

It is the duty of the State to protect life, liberty, and property of its citizens. Section 1,
Article [II (Bill of Rights) of the 1987 Constitution provides:

“No person shall be deprived of life, liberty or property without due process of
law, nor shall any person be denied the equal protection of the law.”

In the Philippines, the criminal justice system is expected to solve the ills of society,
settle controversies involving legally demandable and enforceable rights, and determine
whether there has been a grave abuse of discretion on the part of any branch or instrumentality
of the government. More importantly, it is supposed to protect the constitutional rights of the
innocent and prevent wrongful convictions. However, just like any other judicial system, ours
is not perfect. In People v. Mateo, the Philippine Supreme Court acknowledged a high judicial
error rate of 71.77% in capital punishment cases.'

In the United States, a research conducted by Innocence Project, an organiz
dedicated to exonerating the innocent, shows that the primary causes of wrongful convicti
include eye witnesses misidentification; negligence, misconduct and poor training in forensic
laboratories; false confessions; the use of jailhouse informants; incompetent or inadequate
defense lawyering: and prosecutorial/police mistakes or misconduct.” Several states in the
United States have assembled commissions to understand the causes of wrongful convictions,

2 people v. Mateo, GR 0. 147678, 07 July 2004.
7 Innocence Project, oniine:



which have enabled them to identify potential weaknesses in the criminal justice system and
the remedies that can strengthen the accuracy and quality of convictions.

In recognition of the country’s high judicial error rate, the Supreme Court of the
Philippines promulgated the Rule on DA Evidence, which allows post-conviction DA testing?

However, acting upon the consequences of wrongful convictions after the fact is
insufficient; action must also be taken in order to prevent them from being made in the first
place. As it stands today, there is no government entity in the country charged with conducting
the independent, expert reviews of wrongful convictions.

As itis critical in ensuring a fairer and more effective justice system, ang subsequently,
in improving public safety and protecting the innocent, this measure proposes the creation of a
Criminal Justice Reform Commission whose primary purpose if to stand as an independent
body that aims to identify potential causes of wrongful convictions and to propose possible
reforms in order to prevent such convictions from being made.

Specifically, the Philippines would benefit from the creation of a Criminal Justice
Reform Commission through the:

1. Identification of the systematic causes of wrongful convictions;

2. Identification of policies and procedures demonstrated to minimize the likelihood
of wrongful convictions;

3. Proposal of reforms to minimize the likelihood of wrongful convictions, bolster
public confidence in the criminal justice system, and ensure that the administration
of criminal justice is fair, accurate and reliable; and

4. Conduct of its work in a manner that is transparent, with the goal of keeping the
public informed.

In view the foregoing, the immediate approval of this bill is eamestly sought.*

HORACIO#. SUANSING, JR.
2™ District of Sultan Kudarat

3 A.M. no. 06-11-5-SC, 2 October 2007
* This bill was originally filed by Senator Miriam Defensor Santiago during the 14" Congress and the 16"
Congress, and was filed by Rep. Horacio P. Suansing, Jr. during the 17 and 18" Congress.


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Republic of the Philippines
House of Representatives
Quezon City

Nineteenth Congress
First Regular Session

1377

House Bill No.

Introduced by Representatives
MIKAELA ANGELA B. SUANSING and HORACIO P. SUANSING, JR.

AN ACT
CREATING A CRIMINAL JUSTICE REFORM COMMISSION CHARGED WITH
THE INVESTIGATION AND PREVENTION OF WRONGFUL CONVICTIONS

Be enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the “Preventing Wrongful Conviction
Act.”

SECTION 2. Establishment of the Justice Reform Commission. — The Justice Reform
Commission is hereby established.

Composition. - The Commission shall be composed of nine members as follows:
(1) A dean of a duly accredited law school;
(2) A law enforcement office;
(3) An attorney from the Public Attorney's Office;
(4) A member of the Senate of the Philippines;
(5) A member of the House of Representatives;
(6) A member of the judiciary, with rank of judge or higher;
(7) A law professor;
(8) A professor in the field of forensic science; and
(9) A private attorney specializing in criminal law.
(A) Term. — Each member shall serve a two-year term.

(B) Presiding Officer. - The President shall designate a member to serve as presiding
officer.


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SECTION 3. Duties of the Commission. - The Commission shall:
(A)Review all cases in which an innocent person was convicted and exonerated;
(B) Identify the causes if wrongful convictions;

(C) Identify current laws, rules and procedures implicated by each identified case of
wrongful convictions;

(D)By referencing peer-reviewed research and conducting consultations with experts,
identify potential solutions in the form of legislation, rule, regulation or procedural
changes, or educational or training programs demonstrated to eliminate or minimize
the occurrence of each cause of wrongful convictions;

(E) For each identified potential solution, consider possible implementation plans,
associated costs and its impact on the criminal justice system; and

(F) Issue interim reports and/or a detailed annual report recommending solutions for
each identified cause of wrongful convictions, and containing any recommended
legislation and/or other rule or policy changes necessary to implement procedures
and programs to prevent future wrongful convictions. Provided that:

(1) The report shall be made available to the public upon request; and

(2) The findings and recommendations contained in the report may not be
used as binding evidence in any subsequent civil or criminal proceeding.

SECTION 4. Submission of Report. - The Commission shall submit each report described in
Section 3(F) to the President, the Senate President and the Speaker of the House of
Representatives, and post a copy on the website of the Department of Justice not later than
thirty (30) days after the submission of each report.

SECTION 5. Response to Report. - Not later than the 60" day after the date of receipt of each
report issued under this Act, the President, the Senate President and the Speaker of the House
of Representatives shall, singly or jointly, issue a formal written response to the findings and
recommendations of the Commission.

SECTION 6. Assistance. - The Department of Justice and the Department of Interior and Local
Government shall assist the Commission in performing its duties. Other government and
private entities may also provide such assistance, with the consent of a majority of the
Commission members and provided that their participation is consistent with law

SECTION 7. Appropriations. - To carry out the provisions of this Act, such amount as may
be necessary is hereby authorized to be appropriated from the National Treasury.

SECTION 8. Separability Clause. - If any provision of this Act is subsequently declared
invalid or unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.


SECTION 9. Repealing Clause. - All other laws, presidential decrees, executive orders and
issuances, or portions thereof, which are inconsistent with the provisions of the Act, are hereby
repealed, amended or modified accordingly.

SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,