Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15" CONGRESS
First Regular Session

HOUSE BILL NO. 2206

Introduced by REP. SALVADOR H. ESCUDERO III

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,
compensation provided, as well as funding allocation, since its creation in 1992 has remained
the same and is thus insufficient as proper compensation in present times.

This bill 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 from P1,000 to P3,000 per month, while providing guidelines for establishing such
claims. This bill also proposes increasing annual funding to 1% % and increased allocation
for the Victims Compensation Fund

WR
SAL’ RH. ESCUDERO IIE

Representative
1* District, Sorsogon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15"! CONGRESS
First Regular Session

oO

HOUSE BILL NO. 2206

Introduced by REP. SALVADOR H. ESCUDERO IIL

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 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 (P1,000.00)} THREE THOUSAND PESOS
(P3,000.00) 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 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.”

SEC. 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 UNJUST CONVICTION AND
IMPRISONMENT. - 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
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;

(2) HE DID NOT COMMIT THE CRIME FOR WHICH HE
WAS CONVICTED; AND.

(3) HE DID NOT BY HIS OWN CONDUCT CAUSE OR
BRING ABOUT HIS CONVICTION.

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
(P 100,000.00) 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.

SEC. 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 (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 Jone
percent (1%)] ONE AND ONE-HALF PERCENT (1% %) of the net income
of the Philippine Amusement and Gaming Corporation and [one percent (1%)]
ONE AND ONE-HALF PERCENT (1% %) of the proceeds 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 eaming and the like.

To ensure the continuity of the funding requirements under this Act,
the amount of {Five pesos (PS.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.”

SEC. 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

SEC. 5. Effectivity 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,