Compensation for wrongful conviction pushed

There are numerous cases when the Supreme Court, upon review, reversed the decision of the lower courts and decided to acquit convicts

A bill seeking to compensate individuals wrongfully convicted of a crime will soon be deliberated upon by the House committee on justice.

Citing Article III Section 1 of the 1987 Constitution, Cagayan de Oro City Rep. Rufus Rodriguez in House Bill 3768 said no person shall be deprived of life, liberty or property without due process of law.

In the explanatory note of the bill, he also cited Section 14 of the same which provides that no person shall be held to answer for a criminal offense without due process of law.

Rodriguez pointed out that there are numerous cases when the Supreme Court, upon review, reversed the decisions of the lower courts and decided to acquit convicts.

“The Supreme Court’s reversal of the ruling of the lower court consequently means that a person not otherwise guilty of the crime for which he or she was charged had been incarcerated for a crime he or she did not commit.”

Under the bill, a person wrongfully convicted of a crime could claim compensation in an amount not exceeding twice the amount of his or her income in the year prior to his or her imprisonment or up to P100,000 for each year of incarceration, whichever is greater.

In addition to the damages to be awarded, claimants should also be entitled to receive “reasonable” attorney fees.

Under the bill, a claimant should establish through “convincing evidence” that he did not commit the crime for which he was convicted and he did not by his own conduct cause or bring about his own conviction.

A person serving a term of imprisonment for a crime other than a crime for which he was mistakenly convicted, however, is not qualified to file a claim for damages.

The Department of Justice is tasked under the bill to craft the Implementing Rules and Regulations for the proposed measure together with other agencies.