Human rights victims reparation and recognition act
Republic Act 10368 AN ACT PROVIDING FOR REPARATION AND RECOGNITION OFVICTIMS OF HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Enacted into law February 26, 2013
To recognize the heroism and sacrifices of all Filipinos during the Marcos regime specifically, to recognize and/or provide reparation to the victims and/or their families for the deaths, injuries, sufferings, deprivations and damages suffered . (Section 2)
Also referred to as the “claimant,”, should meet the following requisites: Any person who suffered human rights violation; Violations committed by persons acting in an official capacity and/or agents of the State; Between the period from September 21, 1972 to February 25, 1986 and one (1) month before September 21, 1972 and (1) month after February 15, 1986 under the following conditions: Violation was committed by agents of the state and/or persons acting in an official capacity. For the purpose of preserving, maintaining, supporting or promoting the said regime. To conceal abuses and/or effects of martial law. (Section 3 (c))
Any member of the former PC, INP, AFP, CHDF from Sep 21, 1972 to Feb 25, 1986 Any civilian attached to the PC, INP, AFP, CHDF Any member of a paramilitary group even if one is not organically part of the PC, INP, AFP and CHDF (albeit qualified) Any member of the Civil Service including those who held elective appointive public office during the said period Any person or group of persons acting with the authorization, support or acquiescence of the State during the Marcos regime Persons referred to in Sec.2(a) of EO 1 (Feb 28,1986) creating the PCGG, including former President E. Marcos, spouse Imelda E. Marcos, their immediate relatives by consanguinity or affinity, as well as their close relative, associates, cronies and subordinates.
HRVs includes, but not limited to, the following: search, arrest and/or detention without a valid search warrant or WOA issued by a civilian court of law, incl .any warrantless arrest or detention pursuant to the declaration of ML as well as any deprivation of liberty based of an “Arrest, Search and Seizure Order” (ASSO), a “Presidential Commitment Order” (PCO) or a “Preventive Detention Action” (PDA) and etc. physical injury, torture, killing or violation of other human rights of persons exercising civil and political rights; enforced or involuntary disappearance as defined under Republic Act No. 10350; any force and intimidation causing involuntary exile of a person from the Philippines;
any act of force, intimidation or deceit causing unjust or illegal takeover of business, confiscation of property, detention of owner/s and/or their families any act causing, committing or conducting kidnapping or exploiting children of persons suspected of committing acts against the Marcos regime , sexual offenses against human right victim who are detained and/or in the course of conducting military and/ or police operations. Other violations analogous to the foregoing including those recognized by international law
Both monetary and non-monetary compensation compensation thru assistance from: •DOH , •DSWD •CHED •TESDA •And such other government agencies museum/memorial/ library and compendium devoted to the HRVVs. (Section 5)
Any qualified human rights violation victim (HRVV) personally, OR In the absence or incapacity of the HRVV, the legal heirs of under the Civil Code: Legitimate children and their descendants (art. 985) Legitimate parents and ascendants (art.985) Illegitimate children (art. 988) Surviving spouse (art. 995) without prejudice to rights of brothers and sisters when they concur (Art.1001) Collateral relatives within the fifth degree (Art 1010) Such other person named as executor or administrator in the estate of the deceased or disappeared HRVV. (Section 4)
They shall enjoy a conclusive presumption with regard to their claim. This is also true to the human rights victims as recognized by the Bantayog ng mga Bayani Foundation. (Section 17)
To be filed by the HRVV himself/herself In case of death, incapacity or enforced disappearance of the HRVV, the legal heirs and/or their representative shall be entitled to file the application on their behalf. (Section 3) No special power of attorney shall be recognized for receipt of the compensation unless the HRVV is incapacitated. (Section 4)
Within six (6) months from the effectivity of the IRR of this Act (No IRR yet) Failure to file an application within said period is deemed a waiver of the right to file the same Opposition to the new application/s shall be filed within 15 days from the date of the last publication of the official list of eligible claimants Publication of the official list of eligible claimants once a week for three (3) consecutive weeks in at least two (2) national newspapers of general circulation.
Amount shall depend upon the number of points earned inrelation to the HRV suffered by claimant. (Section 6) (1) to(10) points, as follows: 10 pts Victims who died or who disappeared and are still missing 6-9 pts: tortured and/or raped or sexually abused 3-5 pts : detained; and 1-2 pts : Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6) under this Act
The Board shall exercise due discretion in thedetermination of points : frequently and duration of the violation. HRVVs who had suffered more In each category would receive more points. If classified in more than one category : points in the higher category: one (1) valid claim which corresponds to the category obtaining the highest number of points
Ten Billion Pesos plus accrued interest which is part of the funds transferred to the Philippines as adjudged by the Swiss Federal Supreme Court on December 10, 1997. (Section 7)
Human Rights Victim’s Claims Board which shall be composed of nine (9) members , 3 shall be members of Phil. Bar Appointed by the President. HR orgs may submit nominations to the President No Compensation Board yet
shall depend on the IRR and rules to be promulgated by the Board upon its constitution and organization. (Section 10) Detailed sworn statement narrating the circumstances of the pertinent human rights violation/s committed. (Sec.21) Other documentary or other evidence that may be required
In recognition the sufferings of the victims, there shall be a roll of victims which will be integral part of the memorial, museum and library for martial law. (Section 26) Persons who are HRVVs, regardless of whether they opt to seek reparation or not, shall be given recognition by enshrining their names in a Roll of Human Rights Victims to be prepared by the Board.
This Commission is created for the establishment, restoration, preservation and conservation of the Memorial /Museum/ Library/Compendium in honor of the HRVVs during the Marcos regime. It shall be governed by a Board of Trustees. (Section 27) Chairperson of CHR head Co- Chair : National Historical Commission Members CHED, NCCA, DepEd, UP Diliman Main Library Budget of 500 Million
Secretariat of the Compensation Board may come from existing employees of the Commission subject to the discretion of the Board which may hire outside applicants. The Chairperson of the CHR shall head the Board of Trustees created to establish the museum, library and memorial for the human rights victims. The Commission shall also help in the preparation of modules for the teaching of martial law in schools. (Section 27)
The Board shall complete its work within two (2)years from the effectivity of the IRR promulgatedby it. After such period, it shall become functusofficio.