Amending R.A. No. 7309 (Creation of Board of Claims)

TWENTIETH CONGRESS OF THE ) Pite cita REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 15 A9:38 SENATE Senate Bill No. _ RECEIV Introduced by Senator Erwin T. Tulfo AN ACT AMENDING 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

Section 1, Article III of the 1987 Constitution provides that 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. Republic Act No. 7309 was enacted in 1992 to compensate individuals who were unjustly detained or imprisoned, and victims of violent crimes. It is a recognition of the government's responsibility to help those who suffer not just from crime, but from the flaws in the justice system. Unfortunately, the amount of compensation has not been increased since its enactment, it no longer meets the needs of our time. This representation believes that if the law is meant to offer relief, then it must be meaningful relief -not symbolic gestures. The proposed measure envisions a justice system that not only compensates victims but restores dignity especially those that have long been denied justice.

This bill seeks to adjust the amount of compensation for victims of unjust imprisonment and detention, expand the coverage to include and overlooked victims, in totality, improve accessibility, transparency, and timeliness of claims process. This will make justice more accessible, more compassionate, and more equitable. In view of the foregoing, the passage of the measure is earnestly sought. ERWIN T. TULFO

Affer ntr TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) JUL 15 A9:38 First Regular Session SENATE Senate Bill No._ Introduced by Senator Erwin T. Tulfo AN ACT AMENDING 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 3 of Republic Act No. 7309, otherwise

known as "An Act Creating a Board of Claims Under the Department 3 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: (a) [any person who was unjustly accused, convicted and imprisoned but subsequently released by virtue of a judgment of acquittal;} [(b)] any person who was unjustly detained and released without being charged;

(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) any victim of arbitrary or illegal detention by the authorities as defined in the Revised Penal Code under a final judgment of the court; and [‹d)] (E) any person who is a victim of violent crimes. For purposes of this Act, violent crimes shall include rape and shall likewise refer to offenses committed with malice which resulted in death or serious physical and/or psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or barbarity."

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 lower. 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 entitled 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/HER claim with the [Department] BOARD OF CLAIMS, otherwise, he/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/HER CLAIM REMOTELY, SUBJECT TO RULES AND REGULATIONS WHICH SHALL BE PROMULGATED BY THE BOARD WITHG THE GOAL OF STREAMLINING REQUIREMENTS TO ENHANCE ACCESSIBILITY AND EFFICIENCY."

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/HER heirs, in the following order: by his/HER surviving spouse, children, [naturat] parents, brother and/or sister."

SEC. 6. Repealing Clause. - All laws, decrees, executive orders,

6 proclamations, rules and regulations and other issuances or parts thereof 7 which are inconsistent with this Act are hereby repealed, amended, or 8 modified accordingly.

SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in at least two (2) 12 newspapers of general circulation. Approved,