Amending R.A. No. 7309 (Creating a Board of Claims for Victims of Unjust Imprisonment )

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 N9 31 SENATE ------- S. No. _ Introduced by Senator Francis G. Escudero AN ACT AMENDING CERTAIN PROVISIONS 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 Board of Claims was created to resolve applications for claims for compensation by victims of unjust imprisonment, detention and victims of violent crimes. However, the compensation provided as well as the funds allocated since its creation in 1992 have remained the same and thus proved insufficient as proper compensation at present times. This bill, which was approved on third reading by the Senate in the Nineteenth Congress, 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. This bill also proposes to increase the annual funding and allocation for the Victims Compensation Fund. Respectfully submitted. FRANCIS G. ESCUDERO

TWENTIETH CONGRESS OF THE ) First Regular TesS/PILEPPINES, First Regular Session 25 UL 14 1951 SENATE S. No. Introduced by Senator Francis G. Escudero AMENDING CERTAIN PROVISIONS 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 House of Representatives of the Philippines in Congress assemble

Section 1. Section 3 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" is hereby amended to read as follows: "Sec. 3. Who may File Claims. - The following may file claims for compensation before the Board: "[fa) any person who was unjustly accused, convicted and imprisoned but subsequently released by virtue of a judgment of acquittal;] "[(b)] (A) XXX; "(B) ANY PERSON WHO WAS UNJUSTLY ACCUSED, CHARGED, AND DETAINED BUT SUBSEQUENTLY RELEASED BY THE TRIAL COURT WITH A FINDING THAT NO CRIME WAS IN FACT COMMITTED OR THAT THE ACCUSED COULD NOT HAVE COMMITTED OR DID NOT COMMIT THE IMPUTED CRIME;

"(C) ANY PERSON WHO WAS UNJUSTLY ACCUSED, CONVICTED, AND IMPRISONED BUT SUBSEQUENTLY RELEASED BY VIRTUE OF A JUDGMENT OF ACQUITTAL FINDING THAT NO CRIME WAS IN FACT COMMITTED OR THAT THE ACCUSED COULD NOT HAVE COMMITTED OR DID NOT COMMIT THE IMPUTED CRIME; "[(e)] (D) xxx; and "[(d)] (E) xXX."

Sec. 2. Section 4 of Republic Act No. 7309 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)] TEN THOUSAND PESOS (P10,000.00) 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 [tower] HIGHER. This is without prejudice to the right of the claimant to seek other remedies under existing laws."

Sec. 3. Section 5 of Republic Act No. 7309 is hereby amended to read as

follows: "Sec. 5. When to File Claims. - Any person entitied to compensation under this Act must, within [six (6) months] ONE (1) YEAR after being released from imprisonment or detention, or from the

date the victim suffered damage or injury, file his OR HER claim with the [Department] BOARD OF CLAIMS, otherwise, he OR SHE iS deemed to have waived the same. Except as provided for in this Act, no waiver of claim whatsoever is valid."

Sec. 4. A new Section 5-A is hereby inserted after Section 5 of Republic Act

No. 7309, to read as follows: "SEC. 5-A. REMOTE FILING OF CLAIMS. - ANY PERSON ENTITLED TO COMPENSATION UNDER THIS ACT MAY FILE HIS OR HER CLAIM REMOTELY, SUBJECT TO RULES AND REGULATIONS WHICH SHALL BE PROMULGATED BY THE BOARD."

SEC. 5. Section 6 of Republic Act No. 7309 is hereby amended to read as

follows: "Sec. 6. Filing of Claims by Heirs. - In case of death or incapacity of any person entitled to any award under this Act, the claim may be filed by his OR HER heirs, in the following order: by his OR HER surviving spouse, children, [natural] parents, brother and/or sister."

Sec. 6. Section 9 of Republic Act No. 7309 is hereby amended to read as

19 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 Lone percent (1%)] THREE PERCENT (3%) of the net income of the Philippine Amusement and Gaming Corporation and [one percent (1 %)] THREE PERCENT (3%) 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 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 OR HER heirs, agents, assignees or successors in interest until full compensation for damages suffered by or awarded to the victim, his OR HER 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 earnings and the like. "To ensure the continuity of the funding requirements under this Act, the amount of [Five Pesos (P5.00)] THIRTY PESOS (P30.00) 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's Compensation Fund to be administered by the Department of Justice."

Sec. 3. Separability Clause. - If any provision or part hereof is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

Sec. 4. Repealing Clause. - All laws, presidential decrees, executive orders,

rules, and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or at least two (2) newspapers of general circulation. Approved,