QuestionsQuestions (DOJ)
RA 7309 creates a Board of Claims to compensate victims of unjust imprisonment or detention and victims of violent crimes. The DOJ implementing rules specify definitions, the Board’s composition and functions, the procedure for filing and processing claims, the time limits, evidentiary requirements, and the limits on awards.
A claimant includes: (1) a person unjustly accused/convicted and imprisoned but released by virtue of a judgment of acquittal; (2) a person unjustly detained and released without being charged; (3) a victim of arbitrary or illegal detention by authorities under a final court judgment; (4) victims of violent crimes; and (5) the heir of a person entitled to an award who died or is incapacitated.
“Violent crimes” include rape and offenses committed with malice resulting in death or serious physical/psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or offenses committed with torture, cruelty, or barbarity.
It refers to whatever amount Congress appropriates from the National Treasury, plus: (1) P5.00 set aside from each filing fee in every civil case filed in court; (2) 1% of net earnings of PAGCOR; and (3) 1% of the proceeds of the sale of military camps in Metro Manila.
The Board consists of a chairman and two (2) members appointed by the Secretary of Justice. It meets at least once a week or as often as necessary upon call by the chairman.
To receive, process, investigate, and evaluate applications; to conduct an independent administrative hearing and resolve applications; to deputize and coordinate with appropriate government agencies; and to promulgate and amend rules and regulations to carry out the Act’s objectives.
A claim must be filed within six (6) months after release from imprisonment or detention, or from the date the claimant suffered damage or injury. Otherwise, the claimant is deemed to have waived the claim.
No. Except as provided for in the Act, no waiver of claim whatsoever is valid.
A certified true copy of the judgment of acquittal, and certified true copies of the commitment order and release from confinement by the jail warden or prison authority concerned.
Any proof showing that the claimant was unjustly detained without being charged.
A certified true copy of the final judgment.
Any evidence proving that he/she is a victim of violent crimes, including but not limited to: a certified true copy of the police report or a doctor’s/psychiatrist’s certificate, if necessary.
Death certificate (or government doctor’s certificate of incapacity), and depending on relationship: marriage certificate if spouse; birth certificate(s) if child/children; or proof of relationship if parent, brother, or sister.
After docketing and assignment: the Evaluator reviews merits and may order verification/investigation; the investigator submits a report within five (5) days from assignment; the Evaluator submits recommendation to the Board within ten (10) days from the investigator’s report; the Board resolves within thirty (30) working days after filing; then the claimant may appeal to the Secretary of Justice within fifteen (15) days from receipt of the Board resolution.
An appeal to the Secretary of Justice within fifteen (15) days from receipt of the Board’s resolution; the Secretary’s decision is final and executory.
Compensation is based on the number of months of imprisonment/detention, with every fraction considered one month. The amount cannot exceed P1,000.00 per month.
The Board’s maximum is P10,000.00 or the amount necessary to reimburse expenses (hospitalization, medical treatment, loss of wage, loss of support, or other expenses directly related to injury), whichever is lower to be determined by the Board.
After fifteen (15) days following their publication in two (2) newspapers of general circulation.