Department of Justice | PHOTO: INQUIRER.net / Noy Morcoso
Victims of violence against women and children (VAWC), online child sexual abuse or exploitation as well as trafficking may now seek compensation from the Board of Claims of the Department of Justice (DOJ), which has expanded the scope of crimes and beneficiaries covered under the revised implementing rules and regulations (IRR) of Republic Act No. 7309.
The law which was enacted in 1992 created the Board of Claims to provide compensation to victims of unjust imprisonment or detention, and violent crimes.
Under the previous IRR, eligible claimants included individuals who were unjustly accused, convicted and imprisoned but later released through acquittal; unjustly detained and released without charges; victims of arbitrary or illegal detention by authorities as defined in the Revised Penal Code under a final court judgment; victims of violent crimes; and heirs of eligible persons who had died or become incapacitated.
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“Violent crimes” covered by the 33-year-old law included rape and offenses committed with malice, which resulted in death or serious physical and/or psychological injuries; permanent incapacity or disability; insanity; abortion; serious trauma; or committed with torture, cruelty or barbarity.
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The program was later expanded through the enactment of RA 10353 in 2012 to include victims of enforced or involuntary disappearance.
Victims of unjust imprisonment or detention may receive up to P1,000 for each month they were held.
For other cases, the maximum compensation is P10,000 or the actual amount spent on medical treatment, hospitalization, lost wages, or other injury-related expenses, whichever is lower.
To effectively implement the law, Justice Secretary Jesus Crispin Remulla, through Undersecretary Raul Vasquez, said on Thursday that the DOJ revised its IRR to ensure that compensation processes are more transparent and inclusive.
In addition to the previously listed crimes, the revised rules now explicitly cover kidnapping and serious illegal detention, sexual or other abuse under Section 5 of RA 7610, terrorism, VAWC under Section 5(g), (h), and (i) of RA 9262, trafficking in persons, online sexual abuse or exploitation of children, child sexual abuse/exploitation material, torture and cases involving individuals wounded or killed in action.
The updated IRR also specifies the required documentation for claims.
Persons eligible for compensation must file their claims within six months from their release from detention or from the date the injury or damage was sustained.
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For victims of enforced disappearances, families may file a claim at any time before the victim reappears, even beyond the six-month window.