Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bill No. 5094

Introduced by Representatives.
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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

The 1987 Constitution is explicit in its guarantee that no person shall be
deprived of life, liberty or property without due process of law. Nonetheless, a
number of people still fali victim to false accusations and subjected to
imprisonment for crimes they did not commit, only to be subsequently acquitted.
The said consequence is people unjustly imprisoned suffer indignities,
humiliation and degrading or inhuman treatment in the hands of the agents of the
goverment. Further, they endure the stigma put by society against those
imprisoned regardless of the cause of imprisonment or lack of it.

Likewise, the unfortunate victims of our criminal justice system, including
their families, suffer loss of livelihood for those times spent in prison. Moreover,
due to the social banishment put against person unjustly imprisoned, his or her
reemployment is rendered improbable.

While the foregoing regrettable consequences cannot be fully
compensated, 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 a maximum of
P 1,000.00 to P3,000.00 per month for victims of unjust imprisonment or detention
and from a maximum amount of P10,000.00 to P50,000,00 in all other cases.

In view of the foregoing, approvat of this dill is earnestly requested

DIOSDADO |AL ARROYO GLORIA WATAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House BillNo.__ 5094

SSS

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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 Representatives 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 Impnsonment 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 /aws."

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 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 (P100,000.00) 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.

SECTION 3. Section 9 of Republic Act No. 7309 is hereby amended to
read as foliows:

“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 [one
percent (1%)} ONE AND ONE-HALF PERCENT (172%) of the net income
of the Philippine Amusement and Gaming Corporation and fone percent
(1%)} ONE AND ONE-HALF PERCENT (174%) of the proceeds and sales
and other disposition and military camps in Metro Manila 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 convicts story, recollection, opinion and emotions with
fegard to the offense committed shall not be released to convict in a
criminat 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
canviction by final judgment. Such damages shall inciude, 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 (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 Ciause. - All decrees, executive orders, niles and
regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby deemed repealed or modified accordingly.


SECTION 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,