Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4672

Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR.

One of the protected rights provided for by the Bill of Rights, is one's right to life
liberty and property. The Constitution’ provides that:

Section 1. 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 laws.

As a protected right, it is the duty of the State to protect one’s right to life, liberty, or
property. The Supreme Court in People of the Philippines vs. Pacific Sangcojo stated
that:

The presumption of innocence in favor of an accused in
a criminal case is a basic constitutional guarantee. It
demands that the State must establish his guilt beyond
reasonable doubt. To do so, the Prosecution must rely
‘on the strength of its evidence, not on the weakness of
his defense. Every reasonable doubt of his guilt entitles
him to an acquittal?.

In reality, despite these constitutional protected rights and constitutional
mandated require a person can be convicted of a crime, wrongful

conviction is still prevalent in the Philippines. In People vs. Mateo®, the Supreme Court
stated that:

In sum, the cases where the judgment of death has either
been or vacated co! te

* Section 1, Article 3, 1987 Constitution.
2 GR. No. 229204, September 5, 2012.
3 GR. No. 147678-87, July 7, 2004.


71.77% of the total of death penalty cases directly
elevated before the Court on automatic review that
translates to a total of six hundred fifty-one (651) out of
nine hundred seven (907) appellants saved from lethal
injection.

Based on the foregoing, there is a high rate with regard to the occurrence of
wrongful conviction in the Philippines and as a protected right by the Constitution itself,
the State has the duty to enact laws that will further protect these rights.

The damage caused to a person wrongfully convicted for the commission of a
crime and wrongfully imprisoned for how many years is so grave that no monetary
compensation will be enough to bring back the years lost, the stress and prejudice
they experienced. With this, it must be said that it is the duty of the State to protect the
right to one's life and liberty. At the rate of how high wrongful conviction occurs in the

Philippines, the immediate approval of this bill is necessary.

IRNESTO “ERNIX” M. DIONISIO, JR.
Assistant Majority Floor Leader
Congressman
First Congressional District of Manila


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4672

Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR.

AN ACT

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

Be it 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. The Commission shail be
composed of nine members as follows:

a) Adean of a duly accredited law school;

b) A law enforcement office;

) An attorney from the Public Attorney's Office;

d) Amember of the Senate of the Philippines;

e) Amember of the House of Representatives;

f) Amember of the judiciary, with rank of judge or higher;
g) A law professor:

h) A professor in

the nee; and
i) Aprivate attorney specializing in criminal law

Each member shall serve a two-year term. The President shall designate a
member to serve as presiding officer.

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;


) Identify current laws, rules and procedures implicated by each identified case
‘of wrongful conviction:

d) By referencing peer-reviewed research and conducting consultations with

experts, identify potential solutions in the form of legislation, rule, regulation or

procedurai changes, or educational or training programs demonstrated to

eliminate or minimize the occurrence of each cause of wrongful convictions;

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 wrong nvictions, and containing ariy
recommended legislation and/or other rule or policy changes necessary to
implement procedures and programs to prevent future wrongful convictions.
Provided that:

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

The findings and recommendations con! id in the re; na

used as binding evidence in any subsequent civil or criminal proceeding.

e)

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 60th day after the date
of receipt of each report issued under this Act, the President, the Senate President
and the Speaker of the House or Representatives shall, singly or jointly, issue a format
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. Ap) isions of this Act, such
amount as may be i horized S iated 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

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.

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