Republic of the Philippines
Congress of the Philippines
Metro ManilaEighth Congress
Republic Act No. 7309 March 30, 1992
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 assembled::
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 two (2) members to be appointed by the Secretary of the said department.
Section 2. Powers and Functions of the Board. – The Board shall have the following powers and functions:
(a) to receive, evaluate, process and investigate application for claims under this Act;
(b) to conduct an independent administrative hearing and resolve application for claims, grant or deny the same;
(c) to deputize appropriate government agencies in order to effectively implement its functions;...
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Republic Acts
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
Republic Act No. 7309
Summary of Republic Act No. 7309
Creation and Composition of the Board of Claims
- A Board of Claims is created under the Department of Justice, composed of one chairman and two members appointed by the Secretary of Justice. (Section 1)
Powers and Functions of the Board
- Receive, evaluate, process and investigate claims under this Act. (Section 2a)
- Conduct administrative hearings and resolve claims, granting or denying them. (Section 2b)
- Deputize appropriate government agencies to implement its functions. (Section 2c)
- Promulgate rules and regulations to carry out the objectives of this Act. (Section 2d)
Who may File Claims
- Any person unjustly accused, convicted, and imprisoned but subsequently acquitted. (Section 3a)
- Any person unjustly detained and released without being charged. (Section 3b)
- Any victim of arbitrary or illegal detention by authorities, as defined in the Revised Penal Code, under a final court judgment. (Section 3c)
- Any victim of violent crimes, including rape, offenses resulting in death, serious injury, permanent incapacity, insanity, abortion, serious trauma, or committed with torture, cruelty, or barbarity. (Section 3d)
Award Ceiling
- For unjust imprisonment or detention, compensation is based on the number of months, with a maximum of One Thousand pesos (P1,000.00) per month. (Section 4)
- For other cases, the maximum claim is Ten Thousand pesos (P10,000.00) or the amount necessary to reimburse expenses like hospitalization, medical treatment, loss of wage, loss of support, or other directly related expenses, whichever is lower. (Section 4)
When to File Claims
- Claims must be filed within six months after release from imprisonment or detention, or from the date the victim suffered damage or injury, otherwise deemed waived. (Section 5)
Filing of Claims by Heirs
- In case of death or incapacity, claims may be filed by heirs in the following order: surviving spouse, children, natural parents, brother and/or sister. (Section 6)
Resolution of Claims
- The Board shall resolve claims within 30 working days after filing. (Section 7)
- The Board shall adopt an expeditious and inexpensive procedure for claimants. (Section 7)
Appeal
- Any aggrieved claimant may appeal the Board's resolution to the Secretary of Justice within 15 days, whose decision is final and executory. (Section 8)
Funding
- An initial amount of Ten Million pesos (P10,000,000.00) is authorized from the National Treasury. (Section 9)
- Subsequent annual funding shall come from 1% of the net income of the Philippine Amusement and Gaming Corporation and 1% of the proceeds from sales and disposition of military camps in Metro Manila by the Base Conversion and Development Authority. (Section 9)
- Proceeds from commercial exploitation of a convict's story shall not be released until compensation for damages to the victim is paid or arranged, and the state collects fines, costs, and other amounts due. (Section 9)
- Five pesos (P5.00) shall be set aside from each filing fee in every civil case filed with the court, constituting the Victim Compensation Fund administered by the Department of Justice. (Section 9)
Repealing Clause, Separability Clause, and Effectivity Clause
- All inconsistent laws, executive orders, and issuances are repealed or modified accordingly. (Section 10)
- If any section or provision is declared unconstitutional or invalid, other sections or provisions shall not be affected. (Section 11)
- The Act shall take effect after publication in two newspapers of general circulation. (Section 12)
Creation and Composition of the Board of Claims
- A Board of Claims is created under the Department of Justice, composed of one chairman and two members appointed by the Secretary of Justice. (Section 1)
Powers and Functions of the Board
- Receive, evaluate, process and investigate claims under this Act. (Section 2a)
- Conduct administrative hearings and resolve claims, granting or denying them. (Section 2b)
- Deputize appropriate government agencies to implement its functions. (Section 2c)
- Promulgate rules and regulations to carry out the objectives of this Act. (Section 2d)
Who may File Claims
- Any person unjustly accused, convicted, and imprisoned but subsequently acquitted. (Section 3a)
- Any person unjustly detained and released without being charged. (Section 3b)
- Any victim of arbitrary or illegal detention by authorities, as defined in the Revised Penal Code, under a final court judgment. (Section 3c)
- Any victim of violent crimes, including rape, offenses resulting in death, serious injury, permanent incapacity, insanity, abortion, serious trauma, or committed with torture, cruelty, or barbarity. (Section 3d)
Award Ceiling
- For unjust imprisonment or detention, compensation is based on the number of months, with a maximum of One Thousand pesos (P1,000.00) per month. (Section 4)
- For other cases, the maximum claim is Ten Thousand pesos (P10,000.00) or the amount necessary to reimburse expenses like hospitalization, medical treatment, loss of wage, loss of support, or other directly related expenses, whichever is lower. (Section 4)
When to File Claims
- Claims must be filed within six months after release from imprisonment or detention, or from the date the victim suffered damage or injury, otherwise deemed waived. (Section 5)
Filing of Claims by Heirs
- In case of death or incapacity, claims may be filed by heirs in the following order: surviving spouse, children, natural parents, brother and/or sister. (Section 6)
Resolution of Claims
- The Board shall resolve claims within 30 working days after filing. (Section 7)
- The Board shall adopt an expeditious and inexpensive procedure for claimants. (Section 7)
Appeal
- Any aggrieved claimant may appeal the Board's resolution to the Secretary of Justice within 15 days, whose decision is final and executory. (Section 8)
Funding
- An initial amount of Ten Million pesos (P10,000,000.00) is authorized from the National Treasury. (Section 9)
- Subsequent annual funding shall come from 1% of the net income of the Philippine Amusement and Gaming Corporation and 1% of the proceeds from sales and disposition of military camps in Metro Manila by the Base Conversion and Development Authority. (Section 9)
- Proceeds from commercial exploitation of a convict's story shall not be released until compensation for damages to the victim is paid or arranged, and the state collects fines, costs, and other amounts due. (Section 9)
- Five pesos (P5.00) shall be set aside from each filing fee in every civil case filed with the court, constituting the Victim Compensation Fund administered by the Department of Justice. (Section 9)
Repealing Clause, Separability Clause, and Effectivity Clause
- All inconsistent laws, executive orders, and issuances are repealed or modified accordingly. (Section 10)
- If any section or provision is declared unconstitutional or invalid, other sections or provisions shall not be affected. (Section 11)
- The Act shall take effect after publication in two newspapers of general circulation. (Section 12)