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
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ID: 286442
2018
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Abstract
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.
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| Authors | Sayo, John Andrew A. |
| Journal | Malay Journal |
| Year | 2018 |
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| Keywords | Keywords not found |
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