QuestionsQuestions (Republic Act No. 10368)
RA 10368 declares the State’s policy to recognize the dignity and heroism/sacrifices of human rights victims during the Marcos regime (Sept. 21, 1972 to Feb. 25, 1986) and to provide reparation and recognition. It cites Article II, Section 11 (value of dignity and respect for human rights) and Article III, Section 12 (prohibition of torture/violence and mandate to compensate and rehabilitate victims and their families).
The main covered period is from September 21, 1972 to February 25, 1986. Exceptions allow victims of violations committed one (1) month before Sept. 21, 1972 and one (1) month after Feb. 25, 1986 to qualify if they can establish State action/official capacity involvement and the purpose described in the law.
It refers to acts/omissions committed during the covered period by persons acting in official capacity/agents of the State, including warrantless arrests/detentions, torture, killings, violations of civil/political rights, enforced/involuntary disappearance, force-intimidation causing involuntary exile, forced takeover/sequestration of property or deprivation of livelihood, and abuses involving children and sexual offenses, among others. The proviso makes clear that any torture, regardless of circumstances, qualifies as a human rights violation.
It includes members of former PC/INP/AFP/CHDF and civilian agents, paramilitary groups organized/funded/supplied/indoctrinated/controlled/supervised by State actors; members of the civil service (including public officials); persons referred to in EO No. 1 creating the PCGG (including Marcos, Imelda, their relatives and close associates/cronies/subordinates); and persons/groups acting with authorization, support, or acquiescence of the State. It is broad to capture both direct and indirect State involvement.
Torture is any act intentionally inflicting severe physical or mental pain or suffering on a person under custody of State actors. It is aligned with jurisprudence/international conventions and expressly with Republic Act No. 9745 (Anti-Torture Act of 2009).
Any HRVV qualified under the Act may receive reparation free of tax. For deceased or involuntary disappeared HRVVs, legal heirs under the Civil Code or the person named by the executor/administrator as estate in that order are entitled. The Board allows personal receipt only by the victim or the successor(s)-in-interest unless incapacitated.
It preserves the right of HRVVs to receive other damages/compensation from other sources in cases involving human rights violations as defined by the Act—reparation under RA 10368 does not extinguish or waive other potential recovery.
Non-monetary reparation includes services to be rendered by agencies such as the DOH, DSWD, DepED, CHED, TESDA, and other government agencies as determined by the Board. The cost is sourced from the agencies’ budgets under the annual GAA.
It is proportional to the gravity of the violation and based on a point system under Section 19. The final monetary value equals the numerical value of one point multiplied by the number of points assigned by the Board for the claimant (after applying the categories and higher-category rule).
Death/disappearance (still missing): 10 points. Torture and/or rape or sexual abuse: 6 to 9 points. Detention: 3 to 5 points. Rights violations under Sec. 3(b)(4), (5), and (6): 1 to 2 points, with discretion based on type, frequency, and duration.
The claimant is awarded points in the higher category only (i.e., one category prevails for the points computation). Also, if multiple eligible claims exist for the same HRVV, the Board awards only one valid claim corresponding to the category with the highest points.
It is an independent quasi-judicial body composed of nine members with known probity, competence, integrity, and deep understanding/commitment to human rights; at least three must be members of the Bar with at least ten years of practice. It is attached to the CHR only for administrative/budgetary purposes, not for control.
The Board can receive/evaluate/process/investigate applications; issue subpoenas ad testificandum and subpoenas duces tecum; conduct independent administrative proceedings and resolve disputes; approve claims with finality; deputize agencies; promulgate rules (with Revised Rules of Court as suppletory); exercise control over its Secretariat; and consult certain human rights organizations.
An HRVV must file an application within six (6) months from effectivity of the IRR. Failure to file within that period is deemed a waiver of the right to file. Heirs/representatives may file for deceased/incapacitated/missing victims, and oppositions are limited to within fifteen (15) days from the last publication of the official list of eligible claimants.
Claimants who were part of the specified class suit and direct action plaintiffs in MDL No. 840 (US Federal District Court of Honolulu) with a favorable judgment are conclusive HRVVs. Also, victims recognized by the Bantayog ng Mga Bayani Foundation are accorded the same conclusive presumption, though the Board retains jurisdiction to determine extent of violations and corresponding reparation/recognition.
An aggrieved claimant or oppositor may appeal within ten (10) calendar days from receipt of the Division Resolution to the Board en banc. The en banc decision becomes final and executory.
The Board must complete its work within two (2) years from IRR effectivity; after such period it becomes functus officio—meaning it has exhausted its authority and cannot further act on matters within the law’s mandate.