Composition and Meetings of the Board of Claims
- The Board consists of a chairman and two members appointed by the Secretary of Justice.
- The Board is required to meet at least once a week or as necessary upon the chairman’s call.
Powers and Functions of the Board
- Receive, process, investigate, and evaluate compensation claims.
- Conduct independent administrative hearings and resolve claims.
- Deputize and coordinate with government agencies to fulfill its functions.
- Promulgate and amend rules to implement the Act’s objectives.
Filing of Claims
- Claims must be filed within six months after release from detention or from the date of injury/damage.
- Failure to file within the period results in waiver of the claim, except as otherwise provided.
- Waivers of claims are generally invalid unless specified.
Procedures for Filing Claims
- Claimants must complete an application form and submit relevant supporting documents as follows:
- For unjust imprisonment/acquittal: certified copies of judgment of acquittal, commitment, and release orders.
- For unjust detention without charges: any proof establishing unlawful detention.
- For arbitrary or illegal detention: certified copy of the final court judgment.
- For victims of violent crimes: evidence such as police reports or medical/psychiatric certificates.
- For heirs: death certificate or incapacity certificate, marriage certificate if spouse, birth certificates if children, or proof of familial relationship.
Processing of Claims
- Claims are docketed and assigned a claim number.
- An Evaluator reviews the claim merits and can order investigations.
- Investigators submit reports within five days; Evaluators provide recommendations within ten days thereafter.
- The Board resolves the claim within thirty working days of application.
- Aggrieved claimants may appeal to the Secretary of Justice within fifteen days after the Board’s resolution; the Secretary’s decision is final.
Award and Compensation
- Compensation for unjust imprisonment/detention is calculated per month of detention; fractional months count as one full month.
- Monthly compensation for detention claims shall not exceed P1,000.
- For other claims, awards shall not exceed P10,000 or the actual expenses incurred due to the injury (hospitalization, medical treatment, wage loss, etc.), whichever is lower.
Effectivity of the Rules
- These Implementing Rules and Regulations take effect fifteen days after publication in two newspapers of general circulation.