Locsin: DOJ has yet to determine amount of compensation for fishermen of sunken Gem-Vir 1

The amount of financial compensation for the 22 crew members of fishing boat Gem-Vir 1 sunk by a Chinese vessel in the West Philippines Sea last year has yet to be determined by the Department of Justice, Foreign Affairs Secretary Teodoro "Teddyboy" Locsin, Jr. said on Monday. 

Locsin gave the response when asked as to why the Chinese government has not yet compensated the aggrieved fisherman in the 2019 incident in Reed Bank (also known as Recto Bank).

The fishermen were left to fend for themselves in the open sea for around six hours when the Chinese vessel rammed their boat in Reed Bank—an area within the Philippines’ exclusive economic zone as upheld by the 2016 UN Permanent Court of Arbitration ruling.

They survived because they were rescued by Vietnamese fishermen who happened to pass by.

“We did separate investigation, the two countries, and we had the same conclusion that the Chinese vessel was at fault, and the compensation is still to be determined by the Justice department,” Locsin said in an ANC interview.

“I would say it is hard to determine. The [fishing] boat was owned by a company. Do you give the money to the company or the fishermen? But I have tremendous confidence with the Secretary that he will come up an amount very soon,” Locsin added.

The Justice department is headed by Secretary Menardo Guevarra. 

“The Chinese government is not the one at fault here. The Chinese vessel is a private company,” Locsin added.

Asked for comment, Guevarra said he does not remember the DOJ previously being tasked to determine the amount of damages but that they will be "happy to help" now that Locsin has mentioned it.

"If the SFA (Secretary of Foreign Affairs) said that the DOJ is requested to assess the amount of compensatory damages, we will be happy to help," he said in a message to reporters.

He said he has instructed the provincial prosecutor's office nearest the fishermen's houses to gather the necessary information.

Pressed if the Chinese government should have paid compensation straight to the Filipino fishermen instead as a sign of good faith, Locsin conceded it should be an option. 

“Now that you mentioned it, I will bring it up again,” Locsin said.

Retired Supreme Court Associate Justice Antonio Carpio earlier urged the government to demand compensation for the fishermen because China’s actions in the Gem-Vir 1 incident happened after the tribunal’s ruling. 

But even before the Gem-Vir 1 incident, the 2016 Hague ruling already found China committing the following acts “as a matter of fact”: 

• interfering with Philippine petroleum exploration at Reed Bank
• purported to prohibit fishing by Philippine vessels within the Philippines’ exclusive economic zone, 
• protected and failed to prevent Chinese fishermen from fishing within the Philippines’ exclusive economic zone at Mischief Reef and Second Thomas Shoal and
• constructed installations and artificial islands at Mischief Reef without the authorization of the Philippines. 

—with Nicole Lagrimas/KG/KBK, GMA News