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DOJ vows to push for more cash aid to unjustly imprisoned persons

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The Department of Justice (DOJ) on Thursday vowed to push in Congress the immediate passage of the proposed legislation that would increase government financial assistance to persons unjustly imprisoned and victims of violent crimes.

Under Republic Act No. 7309 which created the Victims Compensation Program (VCP), a one-time P10,000 is given as financial assistance. The proposed bill would increase the assistance to P50,000.

The DOJ disclosed that the Board of Claims has already approved 52,234 claims from 1992 to 2023 and paid a total amount of P514,881,257.

Under the law, those qualified for compensation are: 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.

“We will try to coordinate with the OP (Office of the President) so that this becomes a priority bill,” said Justice Undersecretary Raul Vasquez during signing of the memorandum of agreement (MOA) between the DOJ-Board of Claims and the Commission on Human Rights (CHR).

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“One law that should be enacted,” said Vasquez who also heads the DOJ Human Rights Office.

Apart from seeking OP’s assistance, Vasquez said “we will talk to Congress to achieve this.”

He lamented that the P10,000 financial assistance has become unrealistic.

Senior Assistant State Prosecutor Jovyanne E. Santamaria, chief of operations of the BOC, said that under the current law, “victims of unjust imprisonment are entitled to P1,000 per month  of imprisonment up to a maximum of P60,000 which is equivalent to five years.”

“Under the pending proposed amendment, we are proposing to increase the P1,000 to P5,000 per month to a maximum of P300,000 which is equivalent to five years,” Santamaria said.

“The bulk of the claims comes from the BOC because included in this category are victims of rape, victims of violation of Anti-Trafficking Act and those offenses that resulted to death or serious physical injuries,” the DOJ official stressed.

The MOA was signed on Thursday, March 14, by DOJ Undersecretary Deo L. Marco, who heads the BOC, and CHR Chairperson Richard P. Palpal-latoc.

“After today, a system of referral will be in place between the CHR and the Board of Claims for the benefit not only of persons who are entitled but are unaware of the Victims Compensation Program, but also those who are beyond its scope. This is a testament to what the government can achieve through active collaboration and shared commitment,” Marco said.

He expressed hope that through the MOA, “we can facilitate greater accessibility to the programs of the Board of Claims and of the CHR, and in the process, further this Department’s campaign on compassionate justice.”

Chairperson Palpal-latoc said: “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.”

“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 said.

He then assured the CHR’s “unwavering commitment to the performance of its mandate and in its commitment to uphold and protet the rights of individuals.”

The MOA focuses on having CHR provide basic information about the VCP including assisting the BOC on information dissemination; assist and guide the applications including preparation of application and forms and securing supporting documentary requirements; to refer all interested and qualified applicants to the VCP for processing and the evaluation of the application for compensation; appoint focal focal persons for the purpose of facilitating referrals to the VCP; and accept referrals of the BOC for financial assistance not falling under RA 7309 and vice-versa.

The agreement also provides for BOC trainings, seminars and focus group discussions to CHR employees about VCP.

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