Jade Castro can seek compensation as DOJ, CHR sign deal on unjust detention

Film director and screenwriter Jade Castro during a press briefing in Cubao, Quezon City, on March 12, 2024. Maria Tan, ABS-CBN News 

The Department of Justice and the Commission on Human Rights signed a memorandum of agreement Thursday for better facilitation of claims for P10,000 compensation of individuals who were unjustly accused of a crime or unjustly detained.

CHR Chairperson Richard Palpa-latoc and DOJ Undersecretary Deo Marco signed the MOA, in the presence of Board of Claims Chairperson Miguel Gudio, Jr. and Board of Claims Chief of Operations Jovyanne Escano-Santamaria.

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“The primary purpose of this MOA is the institution of a referral system for victims of human rights violations such as extrajudicial killings, torture and enforced disappearances, human trafficking, and victims of online sexual exploitation,” Gudio said.

“The 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 compassionate justice,” Marco said.

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The P10,000 compensation claim is mandated under Republic Act No. 7309 or the Act Creating a Board of Claims under the Department of Justice.

Those who were unjustly accused, convicted and imprisoned and unjustly detained and released without being charged, those who were arbitrarily or illegally detained, and victims of a violent crime may apply for compensation.

“It is in this sense that we in the CHR views this agreement with enthusiasm as we have the opportunity to play an active role in assisting victims of human rights violations or abuses in claiming for compensation,” Palpal-latoc said.

Asked if film director Jade Castro, who was arrested and later on released by the court, could apply for compensation, Escano-Santamaria said he may do so.

The Catanauan Regional Trial Court Branch 96 said local policemen “did not validly arrest” Castro and his companions who were accused of burning a modern jeepney.

“He can file an application and the evaluators of the Board of Claims can evaluate based na lang po doon sa circumstances attending doon sa kanyang case,” Escano-Santamaria said.

Marco said a pending bill in Congress seeks to increase the P10,000 compensation to P50,000.

DOJ Undersecretary Raul Vasquez also noted that the P10,000 compensation is on top of damages awarded to an individual by a court during promulgation.

“Huwag nating isipin na hanggang diyan lang ang kompensasyon kasi ang kompensasyon ay nakakarga sa gumawa ng karumal-dumal na krimen,” Vasquez said.

The lawyers of Castro and his companions meantime said the MOA between the CHR and the DOJ was a welcome development for their clients.

Atty. Mike Marpuri said his clients are potential claimants.

“I would say that they are, they are victims of human rights abuses, on the baseless arrest violation, they were denied of due process,” Marpuri said.

After what happened to Castro and his companions, their situation falls under the criteria provided for in the MOA, said Atty. Carmela Peña.

“But I would still need to check the language of the MOA before my clients can make any decision,” Peña said in a statement.