Question & AnswerQ&A (Republic Act No. 10368)
They are officially known as 'The Rules and Regulations Implementing the Human Rights Victims Reparation and Recognition Act of 2013.'
The IRR aims to ensure transparency in claim processing, allow parties to oppose fraudulent claims, and provide a speedy and fair procedure respecting fundamental rights.
The period covered is from September 21, 1972 to February 25, 1986, including one month before and one month after under specific conditions.
A Human Rights Violation is any act or omission by persons in official capacity or state agents from Sept 21, 1972 to Feb 25, 1986, including illegal arrests, torture, enforced disappearance, involuntary exile, illegal confiscation, sexual offenses, and other similar abuses.
A person whose human rights were violated by state agents during the covered period or in connection with preserving or concealing abuses of the Marcos regime, including those committed one month before or after the period.
The Board has jurisdiction to determine claims eligibility, investigate claims, issue subpoenas, conduct proceedings, approve claims, prepare the Roll of Victims, promulgate rules, supervise its Secretariat, and other duties to fulfill the Act's objectives.
It has nine members appointed with qualifications including known probity, knowledge of human rights, three must be lawyers with at least ten years experience, and commitment to human rights advocacy.
Claims must be filed personally at the Board's Secretariat or satellite offices within the period May 12, 2014 to November 10, 2014, with no filing fees but applicants bear photocopying costs.
Substantial evidence is needed, such as death certificates, warrants, government certifications, affidavits, court records, official documents, photographs, sworn statements, and reliable secondary sources.
Using a point system where victims killed or disappeared get 10 points, those tortured or sexually abused get 6-9 points, detained victims get 3-5 points, and other violations get 1-2 points. The award is computed by multiplying a point's monetary value by the number of points assigned.
Fraudulent claims, after due process, shall result in imprisonment of 8 to 10 years, disqualification from public office and voting rights, even after serving sentence, unless pardoned.
Only the HRVV or their legitimate legal heirs or successors-in-interest personally may receive reparation unless the victim is incapacitated.
It is the Board's power to take judicial notice of individual HRVVs and grant them recognition by enshrining their names in the Roll of Human Rights Violations Victims without a claim filed.
Non-monetary reparations include services by the DOH, DSWD, DepED, CHED, TESDA, and other agencies as determined necessary to assist HRVVs or their families.
The Memorial Commission is responsible for establishing and maintaining a memorial/museum/library for HRVVs, promoting education about Martial Law atrocities, and preserving records, attached to the CHR for budget and administrative purposes.