Question & AnswerQ&A (Republic Act No. 10368)
The short title of RA No. 10368 is the Human Rights Victims Reparation and Recognition Act of 2013.
The human rights violations covered by this Act span from September 21, 1972 to February 25, 1986, with an additional one month before and after this period under certain conditions.
Persons acting in an official capacity or agents of the State include members of the former Philippine Constabulary, Integrated National Police, Armed Forces of the Philippines, Civilian Home Defense Force, civil service members, those referred to in Executive Order No. 1 including former President Ferdinand E. Marcos and his associates, and any person or group acting with State authorization, support or acquiescence during the Marcos regime.
Human Rights Violation refers to acts or omissions committed by persons acting in an official capacity during the Marcos regime including unlawful arrest and detention, torture, summary execution, enforced disappearance, forced exile, illegal takeover of business or property, sexual offenses, and other similar abuses.
Any Human Rights Violations Victim (HRVV) qualified under this Act, or the legal heirs or appointed representatives of deceased or disappeared victims, is entitled to receive monetary reparation free of tax.
The Human Rights Victims Claims Board, a quasi-judicial body composed of nine members, was created to handle claims for reparations.
The Board can receive and process claims, issue subpoenas, conduct administrative proceedings, approve eligible claims, deputize government agencies, promulgate rules, exercise administrative control over its Secretariat, and perform other duties necessary to effectuate the Act.
The amount is based on a point system from 1 to 10 points depending on the gravity of violations - 10 points for death or disappearance; 6-9 points for torture or sexual abuse; 3-5 points for detention; and 1-2 points for other violations. The final award is the monetary value of one point multiplied by the number of points.
Claimants who file fraudulent claims may be imprisoned for 8 to 10 years, disqualified from public office, deprived of voting rights, and prosecuted. Misuse or embezzlement of funds by Board members or public officers will also result in prosecution and penalties under the Revised Penal Code and special laws.
Non-monetary reparation includes services rendered by the Department of Health, Department of Social Welfare and Development, Department of Education, Commission on Higher Education, Technical Education and Skills Development Authority, and other agencies as determined by the Board.
The primary source is Ten billion pesos (P10,000,000,000.00) plus accrued interest from the Marcos ill-gotten wealth forfeited in favor of the Republic of the Philippines following the Swiss Federal Supreme Court Order and Supreme Court rulings.
The Commission is responsible for establishing, restoring, preserving, and conserving a Memorial/Museum/Library/Compendium honoring the Human Rights Victims of the Marcos Regime, and coordinating with educational institutions to include related history in curricula.
Claims must be filed within six (6) months from the effectivity of the Implementing Rules and Regulations (IRR) of the Act; failure to file constitutes a waiver of the right to claim.
Yes, the Board may take judicial notice motu proprio of individuals who suffered human rights violations and grant them recognition as HRVVs.
If any provision is declared unconstitutional or invalid, the other provisions that are not affected shall remain in full force and effect.