RR seeks indemnity for victims of wrongful convictions

By Fidel Gumawid, MRS-PRIB

Persons who were jailed but found later to be innocent of criminal charges may soon be indemnified under a bill filed at the House of Representatives.

Rep. Rufus Rodriguez (2nd District, Cagayan de Oro City) said House Bill 6529 seeks to compensate persons wrongfully convicted of a crime.

"The bill seeks to indemnify him or her for the loss, injury and damage brought about by such wrongful conviction," said Rodriguez, author of the bill.

"There are numerous cases when the Supreme Court, upon review, reversed the decisions of the lower courts and decided to acquit the convict," Rodriguez added.

Rodriguez said the High Court's reversal of the ruling of the lower court consequently means a person exonerated of the crime for which he or she was charged, has languished in jail for a crime he or she did not commit.

Under the bill, the damage to be awarded should not double the amount of the claimant's income in the year before his incarceration, or to one hundred thousand pesos (P100,000) for each year of compensation, whichever is greater.

In addition to the damages, the claimant will also be entitled to receive reasonable attorney's fees.

Rodriguez said Article III, Section I of the Constitution states that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

He added that Section 14 of the constitution provides that no person shall be held to answer for a criminal offense without due process of law.

"These people have been egregiously convicted of a crime they have not committed and they deserve to be compensated," Rodriguez said.