Question & AnswerQ&A (Republic Act No. 7309)
Republic Act No. 7309 creates a Board of Claims under the Department of Justice to provide compensation to victims of unjust imprisonment or detention and victims of violent crimes.
The Board of Claims is composed of one chairman and two members appointed by the Secretary of the Department of Justice.
The Board can receive, evaluate, process, and investigate claims, conduct hearings, grant or deny claims, deputize government agencies, and promulgate implementing rules and regulations.
Persons unjustly accused, convicted, and imprisoned but later acquitted; those unjustly detained and released without charges; victims of arbitrary or illegal detention under a final court judgment; and victims of violent crimes as defined including rape and offenses with serious injury or death.
Compensation is based on the number of months of imprisonment or detention, with each fraction counted as one month, with a maximum of P1,000 per month.
The maximum approved claim shall not exceed P10,000 or the amount of expenses incurred for hospitalization, medical treatment, lost wages, or other directly related expenses, whichever is lower.
Claims must be filed within six (6) months after release from detention or imprisonment or from the date the victim suffered damage or injury; otherwise, the claim is waived.
Yes, claims can be filed by heirs in the following order: surviving spouse, children, natural parents, then siblings.
The Board shall resolve claims within thirty (30) working days after filing the application.
Yes, an aggrieved claimant may appeal to the Secretary of Justice within fifteen (15) days from receipt of the Board's resolution, and the Secretary's decision is final and executory.
Initial funding is P10 million from the National Treasury; subsequent funding partly from 1% of the Philippine Amusement and Gaming Corporation's net income, 1% of proceeds from the disposition of military camps in Metro Manila, and P5 from every civil case filing fee as Victim Compensation Fund.
Except as provided in this Act, no waiver of claims is valid under RA 7309.
Violent crimes include rape and offenses committed with malice resulting in death, serious physical/psychological injuries, permanent disability, insanity, abortion, serious trauma, or those committed with torture, cruelty or barbarity.
Such proceeds cannot be released to convicts or their representatives until full compensation for damages to the victims is paid or arranged, including judicial awards, medical and funeral expenses, lost earnings, and related costs.
The Act takes effect after its publication in two newspapers of general circulation.