Senator Robin Padilla is pushing for higher compensation from the government for victims of unjust arrest and detention due to “mistaken identity.”
Padilla filed Senate Bill 2547, a.k.a. the proposed Mohammad Said Act, citing the case of Mohammad Maca-antal Said, 62, who was wrongfully arrested in 2023 due to mistaken identity and was freed only last Feb. 7.
“This representation proposes to ensure that any person unjustly detained or deprived of liberty due to mistaken identity shall be compensated based on the period of imprisonment or detention,” the legislator said in his bill.
“The bill recommends an increase in the monetary compensation to be awarded by the Board of Claims.”
The lawmaker added the bill, which revisits RA 7309 (An Act Creating a Board of Claims under the Department of Justice of Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes), recommends an increase in the monetary compensation to be awarded by the Board of Claims.
The senator pointed out that while the State does its best to uphold Sec. 1, Art. III of the 1987 Constitution clearly stating that no person shall be deprived of live, liberty or property without due process; or denied equal protection of the laws, “there remains the fact that errors in making an arrest or detention of a suspected offender, whether knowingly or not, are committed by our law enforcers”.
“In 2015, at least 51 recorded wrongful arrests made by law enforcers.”
He cited an investigative report by ABS-CBN News in 2015 that noted at least 51 recorded wrongful arrests made by law enforcers.
Also, Padilla noted the Supreme Court has held that a person deprived of liberty due to mistaken identity is not under any lawful process and is continuously being illegally detained.
Under the bill, he sought to amend Section 3 of RA 7309, to include “any person unjustly detained or deprived of liberty due to mistaken identity” as among those who can file for claims.
Padilla also sought to amend Section 4 of RA 7309 to increase the compensation for victims of unjust imprisonment or detention to not less than P10,000 per month of detention.
Also under the bill, the annual funding for such claims shall partly come from three percent of the net income of the Philippine Amusement and Gaming Corp. (Pagcor), and three percent of the proceeds and sales and other disposition of military camps in Metro Manila by the Bases Conversion and Development Authority.
Meanwhile, P50 shall be set aside from each filing fee in every civil case filed with the court as part of the Victim Compensation Fund to be administered by the Department of Justice.
