Question & AnswerQ&A (DOJ)
Republic Act No. 7309 creates a Board of Claims to provide compensation for victims of unjust imprisonment or detention and victims of violent crimes.
Claimants include persons unjustly accused, convicted, and imprisoned but later acquitted; those unjustly detained and released without charge; victims of arbitrary or illegal detention under final court judgment; victims of violent crimes; and heirs of entitled persons who died or became incapacitated.
Violent crimes include rape and offenses committed with malice that result in death, serious physical or psychological injury, permanent disability, insanity, abortion, serious trauma, or are committed with torture, cruelty, or barbarity.
The VCF comes from appropriations by Congress, five pesos from each civil case filing fee, 1% of PAGCOR's net earnings, and 1% of proceeds from the sale of military camps in Metro Manila.
The Board consists of a chairman and two members appointed by the Secretary of Justice.
The Board receives, processes, investigates, evaluates claims; conducts administrative hearings; deputizes and coordinates with government agencies; and promulgates rules to implement the Act.
Claims must be filed within six months after release from imprisonment or detention, or from the date the injury or damage was suffered.
Claimants must submit a certified true copy of the judgment of acquittal and certified true copies of the commitment order and release documents from the jail or prison authority.
Compensation shall not exceed ₱1,000.00 per month of imprisonment or detention.
The maximum award is ₱10,000.00 or amount needed to reimburse expenses like hospitalization, medical treatment, lost wages, and other related costs, whichever is lower.
Claims are assigned to an Evaluator who may request an investigation; Investigator submits a report within 5 days; Evaluator recommends action within 10 days; the Board resolves claims within 30 working days.
Yes, an aggrieved claimant may appeal to the Secretary of Justice within 15 days after receipt of the Board's resolution, and the Secretary's decision is final and executory.
Heirs must submit a death certificate or government doctor's certificate of incapacity, and proofs of relationship like marriage certificate for spouse, birth certificates for children, or evidence of parent/sibling relationship.
They became effective 15 days after publication in two newspapers of general circulation, adopted on April 27, 1992.