DOJ backs bill raising compensation for wrongful conviction

DOJ backs bill raising compensation for wrongful conviction, detention

/ 04:34 PM March 14, 2024

Department of Justice façade

Department of Justice façade in Ermita, Manila. (PHOTO FROM FACEBOOK)

MANILA, Philippines — The Department of Justice (DOJ) is pushing to make as a priority bill, a proposed legislation that seeks to increase the compensation for victims of wrongful conviction, arbitrary detention, violent crimes, and human rights violations.

“The bill should be expedited. We will try to coordinate with the Office of the President to make this a priority bill,” Justice Undersecretary Raul Vasquez told reporters.

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“We will talk to Congress to attain this,” he added.

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Currently, the law that created the Board of Claims (Republic Act 7309) provides a compensation of P1,000 per month of unjust imprisonment while in all other cases, the approved compensation that can be claimed shall not exceed P10,000.

READ: Chief justice proposes compensation for trafficking victims

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Under RA 7309, enacted into law on March 30, 1992, those qualified to claim compensation include: any person who was unjustly accused, convicted and imprisoned but subsequently released by virtue of a judgment of acquittal; any person who was unjustly detained and released without being charged; any victim of arbitrary or illegal detention by the authorities as defined in the Revised Penal Code under a final judgment of the court; and any person who is a victim of violent crimes.

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No longer realistic

Vasquez believed the amount is no longer “realistic.”

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Under the proposed bill that the DOJ is supporting, the P10,000 financial assistance will be increased to P50,000. Meanwhile, the amount for unjust imprisonment will be increased to P5,000 per month but not exceeding P300,000.

From 1992 to 2023, the Board of Claims has already provided compensation to 52,234 claimants, which amounted to P514,881,257.

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Victims of violent crimes

“The bulk of those who sought the Board of Claims’ help were victims of violent crimes,” informed Senior Assistant State Prosecutor Jovyanne Santamaria.

She added that these were victims of rape, human trafficking and other offenses that resulted in death or serious physical injuries.

On Thursday, the DOJ, the Commission on Human Rights, and the Board of Claims signed a memorandum of agreement (MOA) to institute a referral system to those qualified to file claims. The MOA also included on the list, victims of human rights abuses such as extra-judicial killings (EJKs), torture, and enforced (involuntary) disappearances.

READ: EJK, trafficking victims now covered under DOJ compensation program

Also present during the signing were Deo Marco, Undersecretary-in-Charge for BOC, and Chairperson Richard Palpal-latoc of the CHR.

The MOA stipulates the duties and responsibilities of each party in assisting victims entitled to financial aid.

“By broadening the reach of this compensation system through this cooperation agreement, we are ensuring recognition of the fundamental human rights and establishing accountability for violations or abuses,” Palpal-latoc said.

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“This is a step forward to a progressive realization of transitional justice. And also, this is a step forward for the Commission on Human Rights in the exercise of its mandate as a preaching role to the government and to the civil society,” he added.

TAGS: Commission on Human Rights, compensation, DoJ, EJK

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