feb04.2014Solon: Increase indemnification amount for victims of unjust detention & violent crimes to P100,000

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Solon: Increase indemnification amount for victims of unjust detention & violent crimes to P100,000
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  Solon: Increase indemnification amount forvictims of unjust detention & violent crimes to P100,000 A House leader is seeking an increase to the maximum recoverable amount of indemnification to persons who were unjustly detained or victimized by violent crimes from the present measly P10000 to P100000!House eputy #peaker and $sabela %ourth istrict &ep! 'iorgidi Aggabao said the  present indemnification amount of P10000 is small and insignificant!()he amount is now paltry and inconse*uential! )he srcinal amount of P10000 has been depreciated so badly that its present value is probably only a tenth of its worth in 1++, when the law &epublic Act -.0+ was first enacted/ said Aggabao!&epublic Act -.0+ authorizes the granting of compensation to persons who were unjustly imprisoned or detained or victimized by violent crimes! )he law was a piece of landmark legislation according to Aggabao because it awards an indemnification of P1000 for every month a *ualified claimant had been incarcerated!)he law also grants reimbursement for hospitalization expenses compensation for lost income and support for claimants who were physically injured psychologically scarred or permanently incapacitated!()o make the spirit and intent of &A -.0+ alive it is proposed that the rates and ceiling of compensation be adjusted to a more contemporary level/ said Aggabao a lawyer! House ill .,0 now pending at the House 2ommittee on 3ustice chaired by &ep!  4iel )upas 56 th   istrict $loilo7 seeks the amendment of #ection 8 5Award 2eiling7 of &A -.0+ so that (%or victims of unjust imprisonment or detention the compensation shall be  based on the number of months of imprisonment or detention and every fraction thereof shall be considered one month! Provided however that in no case shall such compensation exceed P10000 per month!/)he amendment also provides that ($n all other cases the maximum amount for which the oard of 2laims may approve a claim shall not exceed P100000 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 the injury or whichever is lower! )his is without prejudice to the right of the claimant to seek other remedies under existing laws!/ NR # 3367FEB. 4, 2014  )he bill also seeks the amendment of #ection 1 of &A -.0+ so that the oard of 2laims constituted under the law shall be transferred from the epartment of 3ustice 5 937 to the 2ommission of Human &ights 52H&7 considering that the unjustified incarcerations of claimants amount to a trampling of one of the most basic of human rights ::: liberty according to Aggabao!)he bill also seeks the amendment of #ection . 5;ho <ay %ile 2laims7 of &A -.0+ so that other persons who may file claims before the oard of 2laims include= Any person who had been apprehended and arrested by virtue of a warrant of arrest issued by a judge or without a warrant while undergoing investigation and>or who while under detention was subjected to brutalities and torture committed by police military and other law enforcement agencies and thereby suffered injuries as certified by a licensed doctor or hospital or as testified to in a sworn statement by his or her counsel relative 4ational ureau of $nvestigation 54$7 investigator or any official or supported by photographs videos and other documentary or physical evidence? Any person unjustly imprisoned on one charge even if he or she has other cases pending against him or her or for which he or she is convicted? and Any person who had been arrested and detained for at least five years and was subse*uently ac*uitted of the charge against him or her by any court of competent jurisdiction!@astly the measure seeks the addition of a new section before #ection 10 of &A -.0+ titled (#afeguards Against %alse 2laims!/ $t provides that the following shall serve as safeguards against false claimants= )he application for compensation shall be sworn to? A summary hearing shall be conducted wherein the applicant and his or her witnesses are summoned before the administering body and *uestioned about the application? and Persons found guilty of perjury shall be punished in accordance with the law! 5.07 rbb
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