CA 103:

Therapeutic
Modalities
AY 2021-2022
 Table of Contents
Module No. 2 Therapeutic Modalities for
Victims of Crime

I. Human Rights Victims

Reparation and
Recognition Act of 2013 ………………….…….. 4

II. The Board of Claims

R.A. 7309 ………………………… 17

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 Learning Outcomes:

•Analyze the advantages and

disadvantages of the different
treatment models for the victim’s

1 reparation and emotional

recovery.

•Recognize and enrich the existing

community based programs that
will improve the reintegration of
2 offenders to the community.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
REPUBLIC ACT NO. 10368
AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS
OF HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME,
DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

SECTION 1. Short Title. — This Act shall be known as the ―Human Rights
Victims Reparation and Recognition Act of 2013‖.

SEC. 2. Declaration of Policy. — Section 11 of Article II of the 1987 Constitution

of the Republic of the Philippines declares that the State values the dignity of
every human, person and guarantees full respect for human rights. Pursuant to
this declared policy, Section 12 of Article III of the Constitution prohibits the use
of torture, force, violence, threat, intimidation, or any other means which vitiate
the free will and mandates the compensation and rehabilitation of victims of
torture or similar practices and their families.

By virtue of Section 2 of Article II of the Constitution adopting generally

accepted principles of international law as part of the law of the land, the
Philippines adheres to international human rights laws and conventions, the
Universal Declaration of Human Rights, including the International Covenant on
Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT) and
Other Cruel, Inhuman or Degrading Treatment or Punishment which imposes on
each State party the obligation to enact domestic legislation to give effect to the
rights recognized therein and to ensure that any person whose rights or
freedoms have been violated shall have an effective remedy, even if the
violation is committed by persons acting in an official capacity. In fact, the right
to a remedy is itself guaranteed under existing human rights treaties and/or
customary international law, being peremptory in character (jus cogens) and as
such has been recognized as non-derogable.

Consistent with the foregoing, it is hereby declared the policy of the State to
recognize the heroism and sacrifices of all Filipinos who were victims of
summary execution, torture, enforced or involuntary disappearance and other
gross human rights violations committed during the regime of former President
Ferdinand E. Marcos covering the period from September 21, 1972 to February
25, 1986 and restore the victims’ honor and dignity. The State hereby
acknowledges its moral and legal obligation to recognize and/or provide
reparation to said victims and/or their families for the deaths, injuries,
sufferings, deprivations and damages they suffered under the Marcos regime.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
Similarly, it is the obligation of the State to acknowledge the sufferings and
damages inflicted upon persons whose properties or businesses were forcibly
taken over, sequestered or used, or those whose professions were damaged
and/or impaired, or those whose freedom of movement was restricted, and/or
such other victims of the violations of the Bill of Rights.

SEC. 3. Definition of Terms. — The following terms as used in this Act shall
mean:
a) Detention refers to the act of taking a person into custody against his will
by persons acting in an official capacity and/or agents of the State.
b) Human rights violation refers to any act or omission committed during the
period from September 21, 1972 to February 25, 1986 by persons acting in
an official capacity and/or agents of the State, but shall not be l limited to
the following:
1) Any search, arrest and/or detention without a valid search warrant or
warrant of arrest issued by a civilian court of law, including any
warrantless arrest or detention carried out pursuant to the declaration
of Martial Law by former President Ferdinand E. Marcos as well as any
arrest., detention or deprivation of liberty carried out during the covered
period on the basis of an ―Arrest, Search and Seizure Order (ASSO)‖, a
―Presidential Commitment Order {PCO)‖ or a ―Preventive Detention
Action (PDA)‖ and such other similar executive issuances as defined by
decrees of former President Ferdinand E. Marcos, or in any manner that
the arrest, detention or deprivation, of liberty was effected;
2) The infliction by a person acting in an official capacity and/or an agent
of the State of physical injury, torture, killing, or violation of other
human rights, of any person exercising civil or political rights, including
but not limited to the freedom of speech, assembly or organization;
and/or the right to petition the government for redress of grievances,
even if such violation took place during or in the course of what the
authorities at the time deemed an illegal assembly or demonstration:
Provided, That torture in any form or under any circumstance shall be
considered a human rights violation
3) Any enforced or involuntary disappearance caused upon a person who
was arrested, detained or abducted against one’s will or otherwise
deprived of one’s liberty, as defined in Republic Act No. 10350 {{1}},
otherwise known as the ―Anti-Enforced or Involuntary Disappearance
Act of 2012‖;

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I. Human Rights Victims Reparation and
Recognition Act of 2013
4) Any force or intimidation causing the involuntary exile of a person from
the Philippines;
5) Any act of force, intimidation or deceit causing unjust or illegal takeover
of a business, confiscation of property, detention of owner/s and or their
families, deprivation of livelihood of a person by agents of the State,
including those caused by Ferdinand E. Marcos, his spouse Imelda R.
Marcos, their immediate relatives by consanguinity or affinity, as well as
those persons considered as among their close relatives, associates,
cronies and subordinates under Executive Order No. 1, issued on
February 28, 1986 by then President Corazon C. Aquino in the exercise
of her legislative powers under the Freedom Constitution;
6) Any act or series of acts causing, committing and/or conducting the
following:
i. Kidnapping or otherwise exploiting children of persons suspected of committing
acts against the Marcos regime;

ii. Committing sexual offenses against human rights victims who are
detained and/or in the course of conducting military and/or police
operations; and
iii. Other violations and/or abuses similar or analogous to the above,
including those recognized by international law.
c. Human Rights Violations Victim (HRVV) refers to a person whose
human rights were violated by persons acting in an official capacity and/or
agents of the State as defined herein. In order to qualify for reparation under
this Act, the human rights violation must have been committed during the
period from September 21, 1972 to February 25, 1986: Provided, however,
That victims of human rights violations that were committed one (1) month
before September 21, 1972 and one (1) month after February 25, 1986 shall
be entitled to reparation, under this Act if they can establish that the
violation was committed:
1) By agents of the State and/or persons acting in an official capacity as defined
hereunder;

2) For the purpose of preserving, maintaining, supporting or promoting the

said regime; or
3) To conceal abuses during the Marcos regime and/or the effects of
Martial Law.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
d. Persons Acting in an Official Capacity and/or Agents of the State.—
The following persons shall be deemed persons acting in an official capacity
and/or agents of the State under this Act:
(1) Any member of the former Philippine Constabulary (PC), the former
Integrated National Police (INP), the Armed Forces of the Philippines (AFP)
and the Civilian Home Defense Force (CHDF) from September 21, 1972 to
February 25, 1986 as well as any civilian agent attached thereto; and any
member of a paramilitary group even if one is not organically part of the
PC, the INP, the AFP or the CHDF so long as it is shown that the group was
organized, funded, supplied with equipment, facilities and/or resources,
and/or indoctrinated, controlled and/or supervised by any person acting in
an official capacity and/or agent of the State as herein defined;
(2) Any member of the civil service, including persons who held elective or
appointive public office at any time from September 21, 1972 to February
25, 1986;
(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating
the Presidential Commission on Good Government (PCGG), issued on
February 28, 1986 and related laws by then President Corazon C. Aquino in
the exercise of her legislative powers under the Freedom Constitution,
including former President Ferdinand E. Marcos, spouse Imelda R. Marcos,
their immediate relatives by consanguinity or affinity, as well as their close
relatives, associates, cronies and subordinates; and
(4) Any person or group/s of persons acting with the authorization, support
or acquiescence of the State during the Marcos regime.

e. Torture refers to any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on any person under the custody of
persons acting in an official capacity and/or agents of the State, as defined by
law, jurisprudence, international conventions and Republic Act No. 9745,
otherwise known as the ―Anti-Torture Act of 2009‖.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
SEC 4. Entitlement to Monetary Reparation. — Any HRVV qualified under
this Act shall receive reparation from the State, free of tax, as herein
prescribed: Provided, That for a deceased or involuntary disappeared HRVV, the
legal heirs as provided for in the Civil Code of the Philippines, or such other
person named by the executor or administrator of the deceased or involuntary
disappeared HRVV’s estate in that order, shall be entitled to receive such
reparation: Provided, further, That no special power of attorney shall be
recognized in the actual disbursement of the award, and only the victim or the
aforestated successor(s)-in-interest shall be entitled to personally receive said
reparation form the Board, unless the victim involved is shown to be
incapacitated to the satisfaction of the Board: Provided, furthermore, That the
reparation received under this Act shall be without prejudice to the receipt of
any other sum by the HRVV from any other person or entity in any case
involving violations of human rights as defined in this Act.

SEC. 5. Nonmonetary Reparation. — The Department of Health (DOH), the

Department of Social Welfare and Development (DSWD), the Department of
Education (DepED), the Commission on Higher Education (CHED), the Technical
Education and Skills Development Authority (TESDA), and such other
government agencies shall render the necessary services as nonmonetary
reparation for HRVVs and/or their families, as may be determined by the Board
pursuant to the provisions of this Act. The amount necessary for this purpose
shall be sourced from the budget of the agency concerned in the annual General
Appropriations Act (GAA).

SEC. 6. Amount of Reparation. — The amount of reparation under this Act

shall be in proportion to the gravity of the human rights violation committed on
the HRVV and in accordance with the number of points assigned to the
individual under Section 19 hereof.

SEC. 7. Source of Reparation. — The amount of Ten billion pesos

(P10,000,000,000.00) plus accrued interest which form part of the funds
transferred to the government of the Republic of the Philippines by virtue of the
December 10, 1997 Order of the Swiss Federal Supreme Court, adjudged by the
Supreme Court of the Philippines as final and executory in Republic vs.
Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth
and forfeited in favor of the Republic of the Philippines, shall be the principal
source funds for the implementation of this Act.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
CHAPTER II
THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD

SEC. 8. Creation and Composition of the Human Rights Victims’ Claims

Board. — There is hereby created an independent and quasi-judicial body to be
known as the Human Rights Victims’ Claims Board, hereinafter referred to as
the Board. It shall be composed of nine (9) members, who shall possess the
following qualifications:

(a) Must be of known probity, competence and integrity;

(b) Must have a deep and thorough understanding and knowledge of
human rights and involvement in efforts against human rights violations
committed during the regime of former President Ferdinand E. Marcos;
(c) At least three (3) of them must be members of the Philippine Bar who
have been engaged in the practice of law for at least ten (10) years; and
(d) Must have a clear and adequate understanding and commitment to
human rights protection, promotion and advocacy.

The Human Rights Victims’ Claims Board shall be attached to but shall not be
under the Commission on Human Rights (CHR).

The Board shall organize itself within thirty (30) days from the completion of
appointment of all nine (9) members and shall thereafter organize its
Secretariat.

SEC. 9. Appointment to the Board. — The President shall appoint the

Chairperson and the other eight (8) members of the Board: Provided, That
human rights organizations such as, but not limited to, the Task Force Detainees
of the Philippines (TFDP), the Free Legal Assistance Group (FLAG), the
Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI),
the Families of Victims of Involuntary Disappearance (FIND) and the Samahan
ng mga Ex-Detainees Laban sa Detensyon at Aresto (SELDA) may submit
nominations to the President.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
SEC. 10. Powers and Functions of the Board. — The Board shall have the
following powers and functions:
a) Receive, evaluate, process and investigate applications for claims under
this Act;
b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;
c) Conduct independent administrative proceedings and resolve disputes
over claims;
d) Approve with finality all eligible claims under this Act;
e) Deputize appropriate government agencies to assist it in order to
effectively perform its functions;
f) Promulgate such rules as may be necessary to carry out the purposes of
this Act, including rules of procedure in the conduct of its proceedings,
with the Revised Rules of Court of the Philippines having suppletory
application;
g) Exercise administrative control and supervision over its Secretariat;
h) The Board, at its discretion, may consult the human rights organizations
mentioned in Section 9 herein; and
i) Perform such other duties, functions and responsibilities as may be
necessary to effectively attain the objectives of this Act.

SEC. 11. Resolution, of Claims. — The Board shall be composed of three (3)
divisions which shall function simultaneously and independently of each other in
the resolution of claims for reparation. Each division shall be composed of one
(1) Chairperson, who shall be a member of the Philippine Bar and two (2)
members to be appointed by the Board en banc.

SEC. 12. Emoluments. — The Chairperson and members of the Board shall
have the rank, salary, emoluments and allowances equivalent to s Presiding
Justice and Associate Justice of the Court of Appeals, respectively.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
SEC. 13. Secretariat of the Board. — The Board shall be assisted by a
Secretariat which may come from the existing personnel of the CHR, without
prejudice to the hiring of additional personnel as determined by the Board to
accommodate the volume of required work. The following shall be the functions
of the Secretariat:

a) Receive, evaluate, process and investigate applications for claims under

this Act;
b) Recommend to the Board the approval of applications for claims;
c) Assist the Board in technical functions; and
d) Perform other duties that may be assigned by the Board.

The Chairperson of the Board shall appoint a Board Secretary who shall head
the Secretariat for the duration of the existence of the Board. There shall be a
Technical Staff Head assisted by five (5) Legal Officers and three (3) Paralegal
Officers; and an Administrative Staff Head assisted by three (3) Administrative
Support Staff.

When necessary, the Board may hire additional contractual employees or

contract a service provider to provide services of counselors, psychologists,
social workers and public education specialists, among others, to augment the
services of the Secretariat: Provided, That the maximum contract amount per
year shall not exceed more than fifteen percent (15%) of the total annual
operating budget of the Board.

SEC. 14. Operating Budget of the Board.— The operating budget of the
Board shall be funded from the Ten billion peso {P10,000,000,000.00) fund,
with Ten million pesos (P10,000,000.00) as its initial operating budget:
Provided, That it shall not exceed Fifty million pesos (P50,000,000.00) a year

SEC. 15. Proper Disposition of Funds. — The Board shall ensure that funds
appropriated or those which may become available as reparation for HRVVs are
properly disbursed in accordance with the policies stated by Congress and
relevant government rules, regulations and accounting procedures.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
CHAPTER III
CLAIMANTS, REPARATION AND RECOGNITION

SEC. 16. Claimants. — Any person who is an HRVV may file a claim with the
Board for reparation and/or recognition in accordance with the provisions of this
Act.

Sec. 17. Conclusive Presumption That One is an HRVV Under This Act. —
The claimants in the class suit and direct action plaintiffs in the Human Rights
Litigation Against the Estate of Ferdinand E. Marcos (MDL No. 840, CA No. 88-
0390) in the US Federal District Court of Honolulu, Hawaii wherein a favorable
judgment has been rendered, shall be extended the conclusive presumption that
they are HRVVs: Provided, That the HRVVs recognized by the Bantayog Ng Mga
Bayani Foundation shall also be accorded the same conclusive presumption:
Provided, further, That nothing herein shall be construed to deprive the Board of
its original jurisdiction and its inherent power to determine the extent of the
human rights violations and the corresponding reparation and/or recognition
that may be granted.

SEC. 18. Motu Proprio Recognition. — The Board may take judicial notice
motu proprio of individual persons who suffered human rights violations as
defined herein and grant such persons recognition as HRVVs and included in the
Roll of Victims as provided for in Section 26 hereof.
SEC. 19. Determination of Award. —
(a)The Board shall follow the point system in the determination of the award.
The range shall be one (1) to ten (10) points, as follows:
1) Victims who died or who disappeared and are still missing shall be given
ten (10) points;
2) Victims who were tortured and/or raped or sexually abused shall he
given six (6) to nine (9) points:
3) Victims who were detained shall be given three (3) to five (5) points;
and
4) Victims whose rights were violated under Section 3, paragraph (b), nos.
(4), (5) and (6) under this Act shall be given one (1) to two (2) points.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
The Board shall exercise its powers with due discretion in the determination of
points for each victim, which shall be based on the type of violation committed
against the HRVV, frequently and duration of the violation. In each category,
HRVVs who had suffered more would receive more points. In instances where a
victim is classified in more than one category, one shall be awarded the points in
the higher category: Provided, That in cases where there are several eligible
claims filed for reparation by or on behalf of a particular HRVV, the Board shall
award only one (1) valid claim which corresponds to the category obtaining the
highest number of points for each eligible claimant.

(b) The Board shall proceed to determine the award for each claimant classified
under Sections 16, 17 and 18 of this Act.

(c) The Board shall then compute the final monetary value of one’s award that
is equivalent to the numerical value of one point multiplied by the number of
points that a claimant is entitled to, as previously determined by the Board.

(d) Within thirty (30) days after the Board has approved with finality each
eligible claim pending before it and after due publication of such legitimate
claim, the award of monetary compensation shall take effect: Provided., That
any pending appeal filed by an aggrieved claimant or opposite before the Board
en banc must resolved by it sixty (60) days before the Board becomes functus
officio.

CHAPTER IV
GENERAL- PROVISIONS

SEC. 20. Transfer of Funds. — Pursuant to the judgment mentioned in

Section 7 hereof, the amount of Ten billion pesos (P10,000,000,000.00) plus the
accrued interest are hereby set aside and appropriated to fund the purposes of
this Act.

SEC. 21. Documentation of Human — Rights Violations Committed by the

Marcos Regime. — In the implementation of this Act and without prejudice to
any other documentary or other evidence that may be required for the award of
any reparation, any HRVV seeking reparation shall execute a detailed sworn
statement narrating the circumstances of the pertinent human rights violation/s
committed.

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I. Human Rights Victims Reparation and
Recognition Act of 2013

SEC. 22. Publication. — Consistent with Section 23 herein, the Board, after
having been duly convened, shall set the period for the commencement and
termination of applications by HRVVs and cause the publication of the same:
Provided, That such period shall only become operative fifteen (15) days after
its last publication, which shall be once a week for three (3) consecutive weeks
in at least two (2) national newspapers of general circulation.

SEC. 23. Period for Filing of Claims; Waiver. — An HRVV shall file an
application for reparation with the Board within six (6) months from the
effectivity of the implementing rules and regulations (IRR) of this Act: Provided,
That failure to file an application within said period is deemed a waiver of the
right to file the same: Provided, further, That for HRVVs who are deceased,
incapacitated, or missing due to enforced disappearance, their legal heir/s or
representatives, shall be entitled to file an application for reparation on their
behalf.

Any opposition to the new application/s pursuant to Section 16 hereof shall only
be entertained if such is filed within fifteen (15) days from the date of the last
publication of the official list of eligible claimants as may be determined by the
Board. The Board shall cause the publication of the official list of eligible
claimants once a week for three (3) consecutive weeks in at least two (2)
national newspapers of general circulation.

SEC. 24 Appeal. — Any aggrieved claimant or oppositor may file an appeal

within ten (10) calendar days from the receipt of the Resolution of the Division,
to the Board en banc, whose decision shall then become final and executory.

SEC 25. Penalties; Applicability of the Revised Penal Code. — Any claimant
who is found by the Board, after due hearing, to have filed a fraudulent claim,
shall be referred to the appropriate office for prosecution. If convicted, he shall
suffer the imprisonment of eight (8) to ten (10) years, shall be disqualified from
public office and employment and shall be deprived of the right to vote and be
voted for in any national or local election, even after the service of sentence
unless granted absolute pardon.

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I. Human Rights Victims Reparation and
Recognition Act of 2013
Any member of the Board and its Secretariat, public officer, employee of an
agency or any private individual mandated to implement this Act, who shall
misuse, embezzle or misappropriate the funds for the reparation of HRVVs or
who shall commit fraud in the processing of documents and claims of HRVVs, or
shall conspire with any individual to commit the same, shall also be prosecuted,

Any member of the Board and its Secretariat, public officer, employee of an
agency or any private individual mandated to implement this Act, who may have
been found guilty of committing any or all of the prohibited acts stated in the
preceding paragraph, or those acts punishable under the Revised Penal Code,
shall be penalized under the pertinent provisions in the Code and relevant
special penal laws.

SEC. 26. Roll of Victims. — Persons who are HRVVs, regardless of whether
they opt to seek reparation or not, shall be given recognition by enshrining their
names in a Roll of Human Rights Victims to be prepared by the Board.

A Memorial/Museum/Library shall be established in honor and in memory of the

victims of human rights violations whose names shall be inscribed in the Roll. A
compendium of their sacrifices shall be prepared and may be readily viewed and
accessed in the internet. The Memorial/Museum/Library/Compendium shall have
an appropriation of at least Five hundred million pesos (P500,000,000.00) from
the accrued interest of the Ten billion peso (P10,000,000,000.00) fund.

The Roll may also be displayed in government agencies as maybe designated by

the HRVV Memorial Commission as created hereunder.

SEC. 27. Human, Rights Violations Victims’ Memorial Commission.. —

There is hereby created a Commission to be known as the Human Rights
Violations Victims’ Memorial Commission, hereinafter referred to as the
Commission, primarily for the establishment, restoration, preservation and
conservation of the Memorial/Museum/Library/Compendium in honor of the
HRVVs during the Marcos regime.

The powers and functions of the Commission shall be assumed by the Board of
Trustees which shall be composed of the following; Chairperson of the CHR as
Chairperson; Chairperson of the National Historical Commission as Co-
Chairperson; and Chairpersons of the CHED, the National Commission on
Culture and the Arts (NCCA), the Secretary of the Department of Education and
the Head of the University of the Philippines Diliman Main Library, as members..

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I. Human Rights Victims Reparation and
Recognition Act of 2013
The Board of Trustees shall have the authority to hire and appoint its officials
and employees, receive donations and grants for and on its behalf, and generate
revenues for the benefit of the Commission.

The Commission shall be attached to the CHR solely for budgetary and
administrative purposes. The operating budget of the Commission shall be
appropriated from the General Appropriations Act.

The Commission shall also coordinate and collaborate with the DepED and the
CHED to ensure that the teaching of Martial Law atrocities, the lives and
sacrifices of HRVVs in our history are included in the basic, secondary and
tertiary education curricula

CHAPTER V
FINAL PROVISIONS

SEC 28. Guidelines for the Implementing Rules and Regulations (1RR).
— In implementing this Act and in formulating the corresponding rules and
regulations, and to ensure that all applications are properly screened for
fraudulent claims, the Board must provide for:
(a) Transparency in the processing of the claims;
(b) A procedure that allows any concerned party to oppose an application or
claim on the ground that it is fraudulent, fictitious or spurious and gives that
party the opportunity to question the same and to present evidence in support
thereof; and
(c) A procedure that is speedy and expeditious without sacrificing any of the
parties’ fundamental rights.
Within fifteen (15) days from the date of its organization, the Board shall
promulgate the necessary IRR and procedures for the effective implementation
of this Act. The IRR shall be effective fifteen (15) days after its publication in
two (2) national newspapers of general circulation.

SEC. 29. Work Period; Sunset Clause. — The Board shall complete its work
within two (2) years from the effectivity of the IRR promulgated by it. After
such period, it shall become functus officio.

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 II. The Board of Claims R.A. 7309

Republic Act No. 7309

AN ACT CREATING A BOARD OF CLAIMS UNDER THE DEPARTMENT OF
JUSTICE FOR VICTIMS OF UNJUST IMPRISONMENT OR DETENTION
AND VICTIMS OF VIOLENT CRIMES AND FOR OTHER PURPOSES

Section 1. Creation and Composition of the Board. – There is hereby

created a Board of Claims under the Department of Justice, hereinafter
referred to as the Board, to be composed of one (1) chairman and two (2)
members to be appointed by the Secretary of the said department.

Section 2. Powers and Functions of the Board. – The Board shall have
the following powers and functions:
a) to receive, evaluate, process and investigate application for claims under this Act;

b) to conduct an independent administrative hearing and resolve

application for claims, grant or deny the same;lawphi1Ÿ
c) to deputize appropriate government agencies in order to effectively
implement its functions; and
d) to promulgate rules and regulations in order to carry out the
objectives of this Act.

Section 3. Who may File Claims. – The following may file claims for
compensation before the Board:
a) any person who was unjustly accused, convicted and imprisoned but
subsequently released by virtue of a judgment of acquittal;
b) any person who was unjustly detained and released without being
charged;
c) any victim of arbitrary or illegal detention by the authorities as
defined in the Revised Penal Code under a final judgment of the
court; andlawphi1©
d) any person who is a victim of violent crimes. For purposes of this
Act, violent crimes shall include rape and shall likewise refer to
offenses committed with malice which resulted in death or serious
physical and/or psychological injuries, permanent incapacity or
disability, insanity, abortion, serious trauma, or committed with
torture, cruelly or barbarity.

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 II. The Board of Claims R.A. 7309
Section 4. Award Ceiling. – For victims of unjust imprisonment or
detention, the compensation shall be based on the number of months of
imprisonment or detention and every fraction thereof shall be considered one
month; Provided, however, That in no case shall such compensation exceed
One Thousand pesos (P1,000.00) per month.

In all other cases, the maximum amount for which the Board may approve a
claim shall not exceed Ten thousand pesos (P10,000.00) or the amount
necessary to reimburse the claimant the expenses incurred for
hospitalization, medical treatment, loss of wage, loss of support or other
expenses directly related to injury, whichever is lower. This is without
prejudice to the right of the claimant to seek other remedies under existing
laws.

Section 5. When to File Claims. – Any person entitled to compensation

under this Act must, within six (6) months after being released from
imprisonment or detention, or from the date the victim suffered damage or
injury, file his claim with the Department, otherwise, he is deemed to have
waived the same. Except as provided for in this Act, no waiver of claim
whatsoever is valid.

Section 6. Filing of Claims by Heirs. – In case of death or incapacity of

any person entitled to any award under this Act, the claim may be filed by
his heirs, in the following order: by his surviving spouse, children, natural
parents, brother and/or sister.

Section 7. Resolution of Claims. – 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 the
claimants to follow in order to secure their claims under this Act.

Section 8. Appeal. – Any aggrieved claimant may appeal, within fifteen

(15) days from receipt of the resolution of the Board, to the Secretary of
Justice whose decision shall be final and executory.

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 II. The Board of Claims R.A. 7309
Section 9. Funding. – For purposes of this Act, the initial amount of Ten
million pesos (P10,000,000.00) is hereby authorized to be appropriated from
the funds of the National Treasury not otherwise appropriated.

The subsequent annual funding shall also 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 and
military camps ion Metro Manila by the Base Conversion and Development
Authority.

The proceeds from any contract relating to the depiction of a crime in a

movie, book, newspaper, magazine, radio or television production, or live
entertainment, of any kind, or in any other form of commercial exploitation
of any convict's story, recollection, opinion and emotions with regard to the
offense committed shall not be released to convict in a criminal case or his
heirs, agents, assignees or successors in interest until full compensation for
damages suffered by a awarded to, the victim, his heirs or successors in
interest is paid or arranged for, 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. Such damages shall include, but shall not be limited to, judicial
awards, funeral expenses, medical expenses, lost earning and the
like.lawphi1ŸITC

To ensure the continuity of the funding requirements under this Act, the
amount of Five pesos (P5.00) shall be set aside from each filing fee in every
civil case filed with the court, the total proceeds of which shall constitute the
Victim Compensation Fund to be administered by the Department of Justice.

Section 10. Repealing Clause. – All Laws, executive orders and executive
issuances inconsistent with this Act are hereby deemed repealed or modified
accordingly.

19 For Educational Purposes Only

 References:

z
Revisa, William A., VIllaluz, Joner C. and Panganoron Jr., Carlito (2020)
Institutional Correction with Addendum on Act No. 4103: Instructional
Manual for Criminology Students Second Edition. Quezon City,
Philippines: Wiseman’s Books Trading Inc.
United Nations and the Rule of Law (n.d) Human Rights Law retrieved
from https://www.un.org/ruleoflaw/thematic-areas/international-law-
courts-tribunals/human-rights-law/
UN Human Rights (April 18, 2008). Universal Declaration of Human
Rights [YouTube channel]. Retrieved July 03, 2021 from
https://www.youtube.com/watch?v=5RR4VXNX3jA
1987 Philippine Constitution (n.d) retrieved from
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-
of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-
of-the-philippines-article-iii/
Official Gazette (2013) Republic Act 10368 retrieved from
https://www.officialgazette.gov.ph/2013/02/25/republic-act-no-10368/
Lawphil Project (1992) An Act Creating a Board of Claims under the
Department of Justice for Victims of Unjust Imprisonment or Detention
and Victims of Violent Crimes and for other purposes retrieved from
https://lawphil.net/statutes/repacts/ra1992/ra_7309_1992.html

20 For Educational Purposes Only