Board powers and functions
- The Board shall receive, evaluate, process, and investigate applications for claims under the Act.
- The Board shall conduct an independent administrative hearing and resolve applications for claims by granting or denying them.
- The Board may deputize appropriate government agencies to implement its functions effectively.
- The Board shall promulgate rules and regulations to carry out the objectives of the Act.
Eligible claimants and coverage
- Claims for compensation may be filed by a person who was unjustly accused, convicted, and imprisoned and was subsequently released by virtue of a judgment of acquittal.
- Claims may be filed by a person who was unjustly detained and released without being charged.
- Claims may be filed by a victim of arbitrary or illegal detention by the authorities as defined in the Revised Penal Code under a final judgment of the court.
- Claims may be filed by a victim of violent crimes.
- For purposes of the Act, violent crimes include rape and refer to offenses committed with malice that resulted in: death or serious physical and/or psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or offenses committed with torture, cruelty or barbarity.
Claim filing periods and waiver
- A person entitled to compensation must file a claim within six (6) months after release from imprisonment or detention, or from the date the victim suffered damage or injury.
- Failure to file within six (6) months results in the claimant being deemed to have waived the claim.
- No waiver of claim whatsoever is valid except as provided for in the Act.
Filing by heirs for death or incapacity
- When a person entitled to an award dies or becomes incapacitated, the claim may be filed by heirs in the following order: surviving spouse, children, natural parents, brother and/or sister.
Administrative resolution timeline
- The Board shall resolve the claim within thirty (30) working days after filing of the application.
- The Board shall adopt an expeditious and inexpensive procedure for claimants to follow to secure claims under the Act.
Appeal to Secretary of Justice
- Any aggrieved claimant may appeal to the Secretary of Justice within fifteen (15) days from receipt of the Board’s resolution.
- The Secretary of Justice’s decision in the appeal is final and executory.
Compensation limits and award ceiling
- For victims of unjust imprisonment or detention, compensation is based on the number of months of imprisonment or detention, and every fraction of a month is considered one month.
- For victims of unjust imprisonment or detention, compensation may not exceed One thousand pesos (P1,000.00) per month.
- For all other cases, the maximum amount the Board may approve may not exceed Ten thousand pesos (P10,000.00) or the amount necessary to reimburse the claimant for expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to the injury, whichever is lower.
- Nothing limits the claimant’s right to seek other remedies under existing laws.
Funding sources and Victim Compensation Fund
- An initial amount of Ten million pesos (P10,000,000.00) is authorized to be appropriated from the funds of the National Treasury not otherwise appropriated.
- Subsequent annual funding shall partly come from one percent (1%) of the net income of the Philippine Amusement and Gaming Corporation and one percent (1%) of the proceeds and sales and other disposition of military camps in Metro Manila by the Base Conversion and Development Authority.
- Proceeds from any contract relating to depiction of a crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind, or any other form of commercial exploitation of a convicts story, including recollection, opinions, and emotions regarding the offense, shall not be released to a convict in a criminal case or the convict’s heirs, agents, assignees, or successors in interest until:
- full compensation for damages suffered by, or awarded to, the victim and the victim’s heirs or successors in interest is paid or arranged; and
- the State is able to collect/assess fines and costs and any other amounts due it in case of a conviction by final judgment.
- Damages for these purposes include judicial awards, funeral expenses, medical expenses, lost earnings, and the like.
- To ensure continuity of funding, Five pesos (P5.00) shall be set aside from each filing fee in every civil case filed with the court; the total proceeds constitute the Victim Compensation Fund administered by the Department of Justice.
Repeal, separability, and effectivity
- All laws, executive orders, and executive issuances inconsistent with Republic Act No. 7309 are repealed or modified accordingly.
- If any section or provision of the Act is declared unconstitutional or invalid, other sections or provisions remain unaffected.
- Republic Act No. 7309 takes effect after publication in two (2) newspapers of general circulation.
- The Act was approved on March 30, 1992.
- The Act was approved by President Corazon C. Aquino on March 30, 1992.