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THE 1987 CONSTITUTION

The Constitution believes that Human Rights is an inherent dignity of every person
and also it is the basis of every right and these rights enjoyed by every individual which
are not subject to any modification of any lawmaking body. The humanization of law is
also a form of social justice that holds the legal maxim of "Salus Populi Est Suprema
Lex'' which means that the general well-being of the people is the Supreme Law.” This
means that the state shall respect and protect the sanctity of each person's right
regardless of a person sex, gender, religion, beliefs, culture, ethnicity and status in life.
This also includes the rights of accused and detained because a prisoner does not lose
his or her inalienable rights to human dignity and other rights, irrespective of what they
could have done or regardless of their convictions. As a result, the State shall have the
responsibility to uphold and promote the fundamental rights and general welfare of the
prisoners or detainees that are subject to confinement in the national penitentiary.
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“ARTICLE 2 SECTION 11. The State values the dignity of every human
person and guarantees full respect for human rights.”
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Also, stated in the 1987 Constitution that “Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment inflicted.” This provision states no prisoners
must be subject to any abuse by government authorities like through the use of physical
abuse and solitary confinement and the state must ensure that the prisoner shall not be
subject to deprivation for any of their basic necessities. Thus the capital punishment of
death is now prohibited by R.A. 9346 which now leaves the life imprisonment and
reclusion perpetua the maximum penalty for crimes in the Philippines.

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“ In the 1987 Constitution., art. III, sec. 19 (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall
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death penalty be imposed, unless, for compelling reasons involving heinous

crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.
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Furthermore, the Rules of Court which are created by the Supreme Court. In all
courts, there are rules governing pleading, practice, and procedure that is promulgated
by the Supreme Court that has the power given by the Constitution. The court has the
authority to exercise that all the persons who are in their custody must be monitored in
order to avoid unnecessary imprisonment. The Regional Trial Court executive judges
shall undertake personal examinations of provincial, City and municipal jails, as well as
their inmates, are subject to their respective authorities. They will determine the number
of inmates, check about their suitable housing and health, and investigate the state of
the correctional facilities. Also, they must separate the female and male prison then the
adults to minors for the observance of the rights of the prisoners or detainees.

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“Section 25. Court supervision of detainees. — The court shall exercise
supervision over all persons in custody for the purpose of eliminating
unnecessary detention. The executive judges of the Regional Trial Courts shall
conduct monthly personal inspections of provincial, city, and municipal jails and
their prisoners within their respective jurisdictions. They shall ascertain the
number of detainees, inquire on their proper accommodation and health and
examine the condition of the jail facilities. They shall order the segregation of
sexes and of minors from adults, ensure the observance of the right of detainees
to confer privately with counsel, and strive to eliminate conditions inimical to the
detainees.”
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Henceforth, the Constitution adopted these international principles, particularly in

Article III of the 1987 Philippine Constitution which guarantees for the rights of an
accused, including those who are currently held or imprisoned. The Philippines, as a
United Nations member state, has embraced international law principles by signing and
ratifying the UDHR and the ICCPR. The Philippines was one of forty-eight (48) countries
that voted in favor of the General Assembly's approval of the UDHR, while the ICCPR
was signed on December 19, 1966 and ratified on October 23, 1986, but did not enter
into force until January 23, 1987

Republic Act No. 7309

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IRR OF R.A. 7309

The R.A. 7309 established a Board of Claims under the Department of Justice for the
victims of wrongful exoneration or unjust detention and victims of violent crimes the law
aims to give compensation to the victims. The Board of Claim is composed of one
chairman and two members by which the Secretary of Justice is appointed. Then the
Board of Claims has the power to investigate and evaluate the application for claims in
case of unjust imprisonment or detention and victims of violent crimes. Hence, the law
also enumerates and gives clear definition as for the eligible claimants that can file for
the compensation.

Also, the R.A. 7309 established the procedures for filing and processing claims.
Claimants had to submit their applications to the Board of Claims, which would then
assess the merits of each case, determine the compensation to be awarded and
process and resolve claims. Which the claimants must file within six months of being
released from wrongful incarceration or detention, or within the given period incurring
damage as a victim of a violent crime. Also, upon filing the claimant must submit
necessary documents like medical records and police reports as an evidence support
their claims.

Furthermore, the awards that are compensated to the victims of unjust imprisonment
or detention and victims of violent crimes depends on the circumstances of their case.
Also the victims of unjust imprisonment and detention the award may vary depending on
the months and days they are wrongfully exonerated then the severity of the unjust
imprisonment, or the damage or injury suffered as a victim of a violent crime.
The law was passed by the Philippine Congress and signed into law by President
Corazon Aquino on April 27, 1992. It was created to establish a mechanism for
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providing compensation and support to those who had been wrongfully detained or had
suffered due to violent crimes.

Explanation of R.A. 7309

This measure preserves the right of the victims of violent crimes and wrongful
imprisonment to be properly compensated, but also in terms of being protected by the
law. Given that the Department of Justice is the arm of the government for the
prosecution of crimes this bill will effectively require and call for the government to
adhere to due process by observing and dispatching justice without delay. Moreover,
the Jail Management needs to administer an effective detention prisoner system so that
no prisoner has to wait for so long in the resolution of their cases, especially if they have
been unjustly detained and released without being charged or unjustly convicted and
then later acquitted.

Worse, society cannot afford to neglect the victims of criminality who, in their
bitterness and unheard cry for justice, may become offenders later. Victims of crime
should themselves be compensated by the State through the Board of Claims,
Department of Justice, exclusive of the civil indemnity awarded by the court. Although
the maximum amount is only a token, perhaps this award may be one way of alleviating
whatever pain or turmoil has been suffered by the victim.
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Analytical
Analytical research method is a type of process of obtaining, analyzing, and interpreting
the data in order to determine findings and make conclusions as to the results. This type
of method and analysis is used to determine the intent of the foreign, international law
and its comparison to the local statute in the Philippines like RA 7309. Also, this
approach will be used to have an analysis as to the foreign jurisprudence that may have
appeared in the local jurisprudence that will answer the question of how and why.