Senator Proposes Increased Compensation for Victims of Unjust Arrest Due to Mistaken Identity
Manila, Philippines – Senator Robin Padilla has introduced legislation aimed at providing higher compensation for individuals unjustly arrested because of mistaken identity. Senate Bill (SB) 2547, also known as the Mohammad Said Act, was filed in response to the wrongful arrest of 62-year-old Mohammad Maca-antal Said in 2003, who was only released on February 7 after two decades.
According to Philippines News Agency, the bill seeks to amend existing legislation to ensure that victims of unjust detention are compensated based on their period of imprisonment. The proposed legislation targets the revision of Republic Act (RA) 7309, which established a Board of Claims under the Department of Justice for victims of unjust imprisonment or detention and victims of violent crimes. Padilla’s bill recommends an increase in the monetary awards provided by the Board of Claims to better support the victims of such errors.
Padilla highlighted the constitutional guarantee against deprivation of life, liberty, or property without due process and the necessity for legal protection against errors in the arrest or detention process. He referenced a 2015 ABS-CBN News investigative report that identified at least 51 instances of wrongful arrests by law enforcement agencies. Furthermore, he noted the Supreme Court’s position that individuals detained due to mistaken identity are not held under any lawful process and are considered to be illegally detained.
The senator’s proposal includes amendments to Section 3 of RA 7309 to explicitly cover individuals unjustly detained because of mistaken identity. Additionally, the bill seeks to modify Section 4 of the same act to increase the compensation for victims to no less than PHP10,000 per month of detention. The funding for these claims is proposed to be partially sourced from 3 percent of the net income of the Philippine Amusement and Gaming Corp. (PAGCOR), 3 percent of the proceeds from sales and other dispositions of military camps in Metro Manila by the Bases Conversion and Development Authority, and PHP50 from each filing fee in civil cases filed in court.
The Mohammad Said Act represents an effort to rectify the injustices faced by victims of mistaken identity through financial compensation and to acknowledge the errors made by law enforcement in the process of arrest and detention.