A Bill Amending RA 7309 otherwise known as the Victims Compensation

Program Providing Benefits and Extending the Same to Those Not Covered by
the said Act and Who Also Served in Prison But Later On Proven Not Guilty
Section 1.Creation and Composition of the Board.- There is hereby created a Board
of Claims under the Department of Justice, hereinafter referred to as the Board, to be
composed of one (1) chairman and three (3) members to be appointed by the Secretary
of the said department.
Section 2. Qualifications of the Chairman and the Members.- The chairman of the
Board of Claims must be (1) a Filipino citizen, (2) a resident of the Philippines for at
least 3 consecutive years, (3) at least 35 years of age, (4) a Civil Service Professional,
and (5) has at least 5 years managerial experience in any government agency.
The members of the Board of Claims must be (1) a Filipino citizen, (2) a resident
of the Philippines for at least 3 consecutive years, (3) at least 30 years of age, (4) a Civil
Service Professional, and (5) has at least 3 years of supervisorial experience in any
government agency.
Section 3.Powers and Functions.- The Board shall have the following powers and
functions:
1. To receive, evaluate, process and investigate application for claims under this
Act;
2. To conduct an independent administrative hearing and resolve application for
claims, grant or deny the same;
3. To deputize appropriate government agencies in order to effectively implement its
functions; and
4. To promulgate rules and regulations in order to carry out the objectives of this
Act.
Section 4.Who may File Claims. Any person accused and detained all throughout
the pendency of his/her case and is subsequently released by virtue of final judgment of
acquittal after a full blown trial; and/or those covered by RA 7309.

Section 5. 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 heirs, in the following
order: by his surviving spouse, children, parents, brother and/or sister.
Section 6. When to File Claims. - Any person entitled to compensation under this Act
must, within six (6) months after being released from imprisonment or detention, by
virtue of the final judgment of acquittal, file his claim before the Board of Claims,
otherwise, he is deemed to have waived the same. Except as provided for in this Act, no
waiver of claim whatsoever is valid.
Section 7. How to File Claims.- A claimant may file a claim with the Board, in the
office of the Department of Justice in his respective province or city, by filling up an
application form provided for the purpose and attaching thereto:
(a) A certified true copy of the judgment of acquittal;
(b) Certified true copies of the commitment order and release from confinement by
the jail warden or prison authority concerned.
If claim will be made by the heir, he shall also submit, in addition to the foregoing
documents the following:
(a) Death certificate of the person entitled to an award of government doctors
certificate of incapacity; and,
(b) Marriage certificate if claimant is the spouse;
(c) Birth certificate/s if claimant is a child/children; or,
(d) Proof of relationship that he/she is a parent, brother or sister.
Other persons originally covered by R.A. 7309 shall comply with the provisions of
the latter regarding the required documents.
Section 8. Processing of Claims- After the claim has been docketed and given a claim
number, it shall be assigned to an Evaluator who shall evaluate the merits of the claim.
Should there be a need to verify the authenticity of the evidence presented, he shall
direct an investigation thereof.
The investigator shall submit his report to the Evaluator within five days from
assignment. The Evaluator shall submit his recommendation to the Board within ten
days from the submission of the investigators report.

Section 9. Resolution of Claims. - The Board shall resolve the claim within thirty (30)
working days after filing of the application. The Board shall adopt an expeditious and
inexpensive procedure for the claimants to follow in order to secure their claims under
this Act. In case of differences among the members, a vote of two over three among the
members shall render the approval of the claim.
Section 10. Appeal. - Any aggrieved claimant may appeal, within fifteen (15) days from
receipt of the resolution of the Board, to the Secretary of Justice whose decision shall
be final and executory.
Section 11. Benefits to be awarded- The following are the benefits to be awarded to
the approved claimants:
1. Monetary compensation to be computed based on the years the innocent has
served in prison.
2. Monetary compensation considering the gravity of the damages suffered by the
accused through torture, force, violence, threat and intimidation while serving in
prison.
3. Clearance and special recommendation on behalf of the Department of Labor
and Employment to secure the innocents future employment.
4. Mandatory publication in the Official Gazette or in the newspapers of general
circulation of the decision declaring that the person who previously served in
prison is innocent.
5. Access to services critical to a successful return to society.
Section 12. Award Ceiling. 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) per month;
Or the maximum amount for which the Board may approve a claim shall not
exceed thirty thousand pesos (P30,000.00) 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.
Section 13. Clearance.- In relation to Section 9, no. 3 of this Act, the Department of
Labor and Employment and the Department of Justice shall provide a recommendation
for the claimant and the National Bureau of Investigation shall provide a clearance
certificate to the acquitted person within 15 days after the final judgment of acquittal is
obtained.
Section 14. Mandatory Publication. In relation to Section 9, no. 4 of this Act, the Court
shall publish in the newspaper of general circulation the final judgment of acquittal
within 15 days after the same is obtained.
Section 15. Access to services. In relation to Section 9, no. 5 of this Act, the claimant
shall be given free access to the institutions, necessary for the reintegration of the
claimant to the society after the detention or imprisonment, for a maximum of 2 years to
be determined by the Board. The Department of Justice, in coordination with the
Department of Social Welfare and Development shall provide the list of accredited
institutions. The accredited institutions shall:
1.

Ensure that the claimant is not placed in health-threateningly bad conditions,

enjoy access to medical care and is protected from other forms of serious illtreatment;

2. Ensure that the claimant is able to maintain ties and able to reintegrate to the
society;
3. Provide an avenue for the claimant to learn new skills to assist them with working
life on the outside; and/or
4. Ensure that the claimant enjoys clear and detailed statutory regulations clarifying
the safeguards applicable and governing the use and disposal of any record of
data relating to criminal matters.

Section 16. 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 fund shall be given to the Department of
Justice for the implementation of this act.
The subsequent annual funding shall also partly come from one percent (1%) of
the net income of the Philippine Amusement and Gaming Corporation and one percent
(1%) 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 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 conviction by final judgment.
Such damages shall include, but shall not be limited to, judicial awards, funeral
expenses, medical expenses, lost earning and the like.
To ensure the continuity of the funding requirements under this Act, the amount
of 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 17. Repealing Clause. - All laws, executive orders and executive issuances
inconsistent with this Act are hereby deemed repealed or modified accordingly.
However, benefits given in the provisions of R.A. 7309 but not mentioned in this Act,
unless inconsistent, shall remain to be effective.
Section 18. Separability Clause.- If, for any reason, any section or provision of this Act
shall be declared unconstitutional or invalid, no other section or provision shall be
affected thereby.

Section 19. Effectivity Clause.- This Act shall take effect after its publication in two (2)
newspapers of general circulation.