Amending R.A. No. 7309 (Creating a Board of Claims)

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) AUG -4 P5:02 First Regular Session ) SENATE RECEI 8377 S. No. Introduced by Senator Jinggoy Ejercito Estrada AN ACT AMENDING REPUBLIC ACT NO. 7309, "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 Republic Act No. 7309 created the Board of Claims under the Department of Justice (DOJ) which shall receive, evaluate and process applications for claims for monetary compensation of victims of unjust imprisonment or detention and violent crimes with the objective to recompense to a certain extent life damages and suffering brought about by lawlessness and grave injustice. Under the law, victims of unjust imprisonment or detention may be compensated with a meager amount of up to P1,000 per month of imprisonment or detention for crimes they did not commit. Meanwhile for other cases (i.e. for victims of violent crimes like rape and other offenses committed with malice which resulted in death or serious physical and/or psychological injuries, permanent incapacity or disability, etc.), the Board may approve a claim not exceeding P10,000 necessary to reimburse expenses incurred for hospitalization, medical treatment, loss of wage, and other expenses directly related to the injury.

According to the Annual Report of the DOJ for 2022, the Board processed 1,372 applications where 899 were granted financial assistance, and released a total of P9.393 million to beneficiaries. 1 Since the law was enacted in 1992 or more than thirty years later, no amendments were introduced; hence, it is high time to adjust the prescribed amounts to a more realistic and acceptable levels, recognizing the high inflation rate over the said timeframe. This representation is refiling this measure which was reported out by the Senate Committee on Justice and Human Rights and was already approved on Third and Final Reading during the 19th Congress. Aside from the increase in compensation, this bill is proposing the extension of the period of filing claims application from six (6) months to one (1) year, and allowing the filing of such claims remotely to enhance accessibility and efficiency. The immediate passage of this legislation is sought. JINGGOY EJERCITO ESTRADA 1 Accessed on March 20, 2025 through https://www.doj.gov.ph/files/2022/Annuai%20Report%202022/DOJ%20ANNUAL%20REPORT%202022%20NO V29%20CORRECTED%20FINAL%20SPREAD-compressed.pdf

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 AUG -4 P5:02 SENATE S. No. 837 Introduced by Senator Jinggoy Ejercito Estrada AN ACT AMENDING REPUBLIC ACT NO. 7309, "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

2 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: "(a) [any person who was unjustly accused, convicted and imprisoned by 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 BY 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; "[(c)] (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 pesos - (P10,000.00)] FIFTY THOUSAND (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 MAT FILE HIS/HER CLAIM REMOTELY, SUBJECT TO RULES AND REGULATIONS WHICH SHALL BE PROMULGATED BY THE BOARD WITH 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, proclamations,

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

Sec. 7. Effectivity. - This Act shall take effect after fifteen (15) days following

5 the completion of its publication in the Official Gazette or in a newspaper of general 6 circulation. Approved,