QuestionsQuestions (Republic Act No. 7309)
RA 7309 creates a Board of Claims under the Department of Justice to process claims for compensation by victims of unjust imprisonment or detention, violent crimes, and related cases.
It is composed of one (1) chairman and two (2) members, all appointed by the Secretary of the Department of Justice.
It can receive, evaluate, process, and investigate applications; conduct an independent administrative hearing and resolve applications; deputize government agencies to implement its functions; and promulgate rules and regulations.
Claims may be filed by (1) persons unjustly accused, convicted, and imprisoned but later released by judgment of acquittal; (2) persons unjustly detained and released without being charged; (3) victims of arbitrary or illegal detention by authorities under a final judgment of the court; and (4) victims of violent crimes.
Violent crimes include rape and other offenses committed with malice that resulted in death or serious physical/psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or offenses committed with torture, cruelty, or barbarity.
Compensation is based on the number of months of imprisonment or detention, with every fraction considered one month, subject to the statutory ceiling of P1,000.00 per month.
For unjust imprisonment/detention: not to exceed P1,000.00 per month. For other cases: not to exceed P10,000.00 or the amount necessary to reimburse expenses for hospitalization, medical treatment, loss of wage/support, or other directly related expenses—whichever is lower.
Except as provided in the Act, no waiver of claim whatsoever is valid.
A claimant must file within six (6) months after release from imprisonment/detention or after the victim suffered damage/injury; otherwise the claim is deemed waived.
Yes. If the entitled person dies or becomes incapable, the claim may be filed by heirs in this order: surviving spouse, children, natural parents, brother and/or sister.
The Board must resolve the claim within thirty (30) working days after filing of the application.
The Board must adopt an expeditious and inexpensive procedure for claimants to secure their claims.
Yes. An aggrieved claimant may appeal within fifteen (15) days from receipt of the Board’s resolution to the Secretary of Justice, whose decision is final and executory.
Initially, P10,000,000.00 is authorized from the National Treasury not otherwise appropriated. Subsequent annual funding partly comes from (1) 1% of the net income of the Philippine Amusement and Gaming Corporation and (2) 1% of proceeds and sales/disposition of military camps in Metro Manila by the Base Conversion and Development Authority.
Proceeds from such contracts are not to be released to a convict (or criminal case heirs/agents/assignees/successors) until full compensation to the victim (or heirs/successors) is paid or arranged for, and the state can collect/assess fines, costs, and other amounts due after conviction by final judgment.
It is set aside to constitute a Victim Compensation Fund administered by the Department of Justice.
Yes, inconsistent laws/executive orders/issuances are deemed repealed or modified. Under the separability clause, if any section is declared unconstitutional/invalid, the rest of the Act remains unaffected.