"Borrowed time: A formulation of guidelines in determining a fair, reas" by Tristan Gabriel D. Ignacio and John Andrew A. Sayo

Borrowed time: A formulation of guidelines in determining a fair, reasonable, and updated compensation and scope for the victims of unjust imprisonment and detention under Republic Act no. 7309

Date of Publication

2018

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Human Rights Law

College

College of Law

Department/Unit

Law

Thesis Adviser

Custodio C. Demetrio, Jr.

Defense Panel Chair

Ramon S. Esguerra

Defense Panel Member

Ricardo A. Sunga, III
Anunciacion G. Ayo

Abstract/Summary

There is no contest that the right to liberty is sacred and must be respected and it is only upon valid and lawful grounds usually through the State, that this right may be encumbered. Therefore, it is only fair and reasonable to give the victims who are improperly deprived of such right to liberty with compensation that will assist them to re-establish their lives because of the time “borrowed” by the State from them through imprisonment and detention without lawful grounds. The first chapter of this study discusses the universal guarantee to the enjoyment of human rights, in particular, the right to life, liberty and property as provided by local and international laws. In addition, the initial chapter explains why there is a need to compensate the victims who were deprived of these basic rights. The second chapter then explores the various related compensation statutes from foreign jurisdictions, primarily focusing on the rationale in compensating victims of unjust imprisonment, who the eligible claimants are, and the basis of their awards. The second chapter also provides a quick background of Republic Act No. 7309, the current compensation statute of the Philippines. The third chapter involves a comprehensive discussion and analysis regarding what the authors deem as ambiguities, problems, and inadequacies in the current law. Included in the mentioned chapter is an analysis on how the current law can be developed in order to make it more comprehensive, efficient, impartial taking into consideration the spirit and letter of the law, the various opinions of experts and other similar laws from foreign jurisdictions. The last chapter provides what should be done in order to rationalize R.A. 7309 to be consistent with the present economic and social demands. The concluding chapter further provides the proposed amendment of R.A. 7309 by removing claimants who the proponents deem ineligible, adding claimants that should be eligible and providing a new computation guideline to assist the Board of Claims in determining a just compensation for the victims of unjust imprisonment and detention.

Abstract Format

html

Language

English

Format

Electronic

Accession Number

CDTG007466; TG07466

Shelf Location

Archives, The Learning Common's, 12F Henry Sy Sr. Hall

Keywords

False imprisonment—Law and legislation; Compensation (Law); Victims of crimes—Legal status, laws, etc.--Philippines; Detention of persons--Philippines

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Embargo Period

11-13-2024

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