Law Summary
Powers and Responsibilities of the Board
- Authority to receive, evaluate, and process claims.
- Conduct administrative hearings to resolve claims.
- Power to grant or deny claims.
- Deputize government agencies to assist implementation.
- Promulgate rules and regulations for executing the Act's objectives.
Eligibility to File Claims
- Persons unjustly accused, convicted, or imprisoned later acquitted.
- Persons unjustly detained without charges.
- Victims of arbitrary or illegal detention under the Revised Penal Code.
- Victims of violent crimes, including rape and offenses causing severe physical or psychological harm.
Compensation Limits
- For unjust imprisonment or detention: compensation based on months of imprisonment, max P1,000 per month.
- For other claims: max compensation of P10,000 or reimbursement of actual expenses (hospitalization, medical treatment, loss of wages/support).
- Does not preclude other legal remedies.
Timeframe for Filing Claims
- Claims must be filed within six months after release from detention or after injury/damage.
- Failure to file within this period results in waiver of claims.
- Waiver of claims otherwise invalid.
Claims by Heirs
- In cases of claimant's death or incapacity, heirs may file claims.
- Priority order: surviving spouse, children, natural parents, siblings.
Resolution Process
- Claims resolved within 30 working days after filing.
- Procedures designed to be expeditious and cost-effective for claimants.
Appeals
- Aggrieved claimants may appeal to the Secretary of Justice within 15 days of resolution.
- Secretary of Justice decision is final and executory.
Funding Sources
- Initial appropriation of P10 million from the National Treasury.
- Annual funding from 1% of PAGCOR's net income and 1% of proceeds from military camp disposals.
- Prohibits release of proceeds from commercial exploitation of criminal stories to convicts until victims compensated.
- Imposes a P5 fee from every civil case filing for the Victim Compensation Fund administered by DOJ.
Repealing Clause
- All inconsistent laws and executive issuances are repealed or modified.
Separability Clause
- If any provision is declared unconstitutional, the rest remains effective.
Effectivity Clause
- Act takes effect upon its publication in two newspapers of general circulation.