THE Department of Justice-Board of Claims and the Commission on Human Rights yesterday inked an agreement for the creation of a referral system for a program that seeks to compensate victims of human rights abuses, extrajudicial killings, torture, enforced disappearances, violent crimes and unjust imprisonment.
The referral system is an informal process initiated by the CHR directing and endorsing victims of human rights abuses with pending cases before the DOJ BOC for the processing of their compensation under Republic Act 7309, otherwise known as “The Board of Claims Act.”
The DOJ BOC also endorses the CHR cases of human rights violations not compensable under the said law for their evaluation and possible assistance.
Under the agreement, the DOJ is obliged to accept and evaluate referrals for claims from the CHR, provide a docketing system for the cases referred, and conduct training, seminars and focus group discussions for the CHR about the victims’ compensation program.
The CHR, on the other hand, is mandated to inform their clients about the existence of the referral system, assist and refer qualified applicants, appoint a focal person, accept referrals from the DOJ for claimants not falling under RA 7309, and create an inventory of past cases which may still qualify for the compensation program.
“As I have said in the past, there is a higher purpose to the monetary compensation given by the BOC to qualified claimants. The very creation of the Victims Compensation Program recognizes that there are imperfections in our legal justice system and gives the people a mode of directly seeking this recognition by way of compensation,” Justice Undersecretary Deo Marco said in his speech during the signing of the agreement.
“This department is hopeful that after today, we can facilitate greater accessibility to the programs of the Board of Claims and the CHR, and in the process, further this department’s campaign on compassion justice,” he added.
Marco said it represents hope for those who have been denied justice, delayed, or remained inaccessible.
CHR Chairperson Richard Palpa-Latoc echoed Marco’s remark, saying the two agencies are ensuring the recognition of fundamental human rights and establishing accountability for violations or abuses through the agreement.
“The service of the BOC will be further intensified. While we are doing our duty to provide assistance, we can also tell the victims that they may also look into the other benefits of the BOC,” Palpa-Latoc said.
WHO ARE QUALIFIED?
Qualified for compensation are the following:
1. Any person who was unjustly accused, convicted, and imprisoned but subsequently released by a judgment of acquittal.
2. Any person who was unjustly detained and released without being charged
3. Any victim of arbitrary or illegal detention by the authorities as defined in the Revised Penal Code under a final judgment of the court,
4. Any person who is a victim of violent crimes.
BOC Operations Chief Jovyanne Escano-Santamaria clarified that cases of unjust accusation and detention or imprisonment should reach the court for the victims to claim compensation.
Murders and other cases, she said, need not reach the court for the victim to seek compensation.
She said rape victims should file a case in court for them to seek compensation because rape can be “easily fabricated” and to prevent that, there is a need for a resolution of the case at the prosecutor level showing there is enough evidence to elevate the case to court for trial.
Santamaria also said indigency is not a requirement for the victims seeking compensation.
Santamaria said under the present law, the BOC grants a one-time financial assistance to victims worth P10,000 although there are proposals to amend the law and increase it to P50,000.
The amount is only from the BOC as the court handling the cases may also award financial compensation to the victim after the trial.
BOC data showed a total of 52,234 claims have been approved and P514.8 million have been paid from 1992 to 2003 under the program.
