Scope and key definitions
- The Act means Republic Act No. 7309.
- The Board means the Board of Claims constituted under Section 1 of the Act.
- The Claimant includes a person who is unjustly accused, convicted and imprisoned but subsequently released by virtue of a judgment of acquittal; unjustly detained and released without being charged; a victim of arbitrary or illegal detention by the authorities as defined in the Revised Penal Code under a final judgment of the court; victims of violent crimes; and the heir of a person entitled to an award who died or was incapacitated.
- Violent Crimes include rape and offenses committed with malice resulting in death or serious physical and/or psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or barbarity.
- The Victim Compensation Fund (VCF) refers to whatever amount may be appropriated by Congress from the funds of the National Treasury, the amount of five pesos (P5.00) set aside from each filing fee in every civil case filed in court, 1% of net earnings of PAGCOR, and 1% of the proceeds of the sale of military camps in Metro Manila.
Board composition and meeting schedule
- The Board of Claims consists of a chairman and two (2) members.
- The chairman and members are appointed by the Secretary of Justice.
- The Board meets at least once a week or as often as may be necessary when called by the chairman.
Board powers and functions
- The Board receives, processes, investigates, and evaluates applications for claims under the Act.
- The Board conducts an independent administrative hearing and resolves applications for claims.
- The Board may deputize and coordinate with appropriate government agencies to implement its functions effectively.
- The Board promulgates and amends rules and regulations to carry out the objectives of the Act.
Filing deadlines and who must file
- A person entitled to compensation must file a claim with the Board within six (6) months after being released from imprisonment or detention, or from the date the person suffered damage or injury.
- If a claim is not filed within the six (6) months, the claimant is deemed to have waived the claim.
- No waiver of claim is valid except as provided for in the Act.
How claims must be filed
A claimant files a claim with the Board by filling up an application form provided for the purpose and attaching the required documents/evidence.
For a person unjustly accused, convicted and imprisoned but subsequently released by virtue of a judgment of acquittal, the claimant must attach:
- 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.
For a person unjustly detained and released without being charged, the claimant must attach:
- any proof showing that the claimant was unjustly detained without being charged.
For a victim of arbitrary or illegal detention by authorities as defined in the Revised Penal Code under a final judgment of the court, the claimant must attach:
- a certified true copy of the final judgment.
For a victim of violent crimes, the claimant must attach:
- any evidence proving the claimant is a victim of violent crimes, including but not limited to a certified true copy of the report to the police or a doctor’s/psychiatrist’s certificate, if necessary.
If the claimant is an heir, the claimant must also submit:
- a death certificate of the person entitled to an award or a government doctor’s certificate of incapacity;
- a marriage certificate if the heir is the spouse;
- birth certificate/s if the heir is a child/children; or
- proof of relationship that the heir is a parent, brother, or sister.
Claim processing, evaluation, investigation, and hearings
- After a claim is docketed and given a claim number, it is assigned to an Evaluator for evaluation of the claim’s merits.
- If verification of the authenticity of evidence is needed, the Evaluator directs an investigation.
- The investigator must submit an investigation report to the Evaluator within five (5) days from assignment.
- The Evaluator must submit a recommendation to the Board within ten (10) days from submission of the investigator’s report.
- The Board resolves the claim within thirty (30) working days after the filing of the application.
Appeals and finality of DOJ decision
- Within fifteen (15) days from receipt of the Board’s resolution, an aggrieved claimant may appeal to the Secretary of Justice.
- The Secretary of Justice’s decision on the appeal is final and executory.
Award amounts and compensation limits
- For victims of unjust imprisonment or detention, compensation is based on the number of months of imprisonment or detention, and every fraction is treated as one month.
- Compensation for unjust imprisonment or detention must not exceed one thousand pesos (P1,000.00) per month.
- For all other cases, the maximum amount the Board may approve must not exceed ten thousand pesos (P10,000.00) or the amount necessary to reimburse the claimant for:
- expenses for hospitalization,
- medical treatment,
- loss of wage,
- loss of support, or
- other expenses directly related to the injury,
whichever is lower, as determined by the Board.
Administrative effectiveness
- The rules become effective fifteen (15) days after publication in two (2) newspapers of general circulation.