Solon wants to increase compensation for wrong convictions

A PARTY-LIST lawmaker said Tuesday the law that created the Board of Claims under the administration of the Department of Justice (DOJ) should be strengthened to ensure that victims of violent crime and unjust imprisonment would receive speedy compensation for their agony due to deprivation of life and liberty.

In a statement, 1-PACMAN party-list Rep. Michael Romero said one of the "more disturbing" problems in the area of justice and human rights is the implementation of the constitutional provision against the deprivation of life, liberty, and property without due process of law.

He said persons have been accused and imprisoned for crimes they did not commit, only to be subsequently acquitted.

"Government and society have become notably indifferent to victims of crimes and criminals. A judicial way of filing a claim for compensation may be too long. Congress opted for an administrative procedure of filing the claims by creating the Board of Claims,” he said.

He said Republic Act (RA) 7309, which prompted the creation of the Board of Claims, must be amended to cover a person who was unjustly accused and imprisoned, but subsequently released under a judgment of acquittal by the court based on his innocence and not on a finding of reasonable doubt; a person who was unjustly detained and released without being charged; and a person who is a victim of arbitrary detention by the authorities as defined in the Revised Penal Code and as decided in a judgment of the court.

Romero also proposed that victims of violent crimes, such as rape, homicide, murder, serious physical injuries, human trafficking, kidnapping, or serious illegal detention and 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, cruelty, or barbarity could apply to avail of the compensation.

He noted that under his House Bill 7307, victims of unjust imprisonment could claim up to PHP5,000 per month of incarceration from the current PHP1,000. The compensation should not exceed PHP300,000.

In all other cases, the proposal stipulates that the maximum amount for which the board may approve a claim shall not exceed PHP50,000 from the current PHP10,000.

“This House bill seeks to provide prospective applicants with equitable benefits embodied under new and prevailing laws, policies, and guidelines. To alleviate the lives of the victims of violent crimes and those who have been unjustly accused and imprisoned. Thus, the early passage of this bill is earnestly requested,” Romero said. (Filane Mikee Cervantes)