QuestionsQuestions (Republic Act No. 10368)
It aims to ensure (a) transparency in processing claims; (b) a procedure allowing any concerned party to oppose claims on grounds of fraud/fictitious/spurious nature with an opportunity to present evidence; and (c) a speedy and expeditious process respecting fundamental rights.
HRVs include specific acts or omissions committed during September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or state agents, including summary execution, torture, enforced/involuntary disappearance, and certain abuses involving detention, exile, and forcible takeover of property/businesses (among others).
A person whose human rights were violated by persons acting in an official capacity and/or state agents during September 21, 1972 to February 25, 1986. Victims within one month before and after the period may still qualify if they show the violation was committed by state agents/official capacity persons and for purposes tied to preserving the Marcos regime or concealing abuses/effects of martial law.
It includes members of specified security forces (PC, INP, AFP, CHDF) during the covered period and civilian agents attached thereto; paramilitary groups organized/funded/supplied/indoctrinated/controlled/supervised by state agents; civil service members with public office; persons under EO No. 1 creating PCGG and related laws (including Marcos and Imelda and their close relatives/associates/cronies/subordinates); and persons acting with authorization/support/acquiescence of the State.
Reparation is the State’s obligation to restore rights and uphold dignity, part of the right to an effective remedy. It is both monetary and non-monetary.
Recognition is the State’s acknowledgment of the violations against HRVVs. It is manifested by enshrining the victim’s name in the Roll of Human Rights Violations Victims prepared by the Board.
It is the Board’s action of taking judicial notice/cognizance of the legitimacy of individual claims and granting recognition by enshrining them in the Roll of Human Rights Violations Victims.
It is an independent and quasi-judicial body with sole and original jurisdiction to determine eligibility of claims, extent of HRVs, and award of reparations.
Examples include: receiving/evaluating/processing/investigating applications; issuing subpoenas; conducting independent administrative proceedings and resolving disputes; approving eligible claims with finality and on appeal; preparing the Roll of HRVVs; and deputizing government agencies to assist it.
The Board has nine (9) members with known probity, competence, integrity; deep understanding of human rights and involvement in anti–human rights violations efforts during the Marcos regime; at least three (3) members must be Bar members engaged in practice for at least ten (10) years; and must have commitment to human rights protection/advocacy. It functions through three (3) divisions working simultaneously, independently.
Filing runs from May 12, 2014 to November 10, 2014. Failure to file within the period results in waiver of the right to file.
Substantial evidence—defined as the level of evidence a reasonable mind might accept as adequate to justify a conclusion. Evidence is validated/verified through government records and relevant sources, and allegations are investigated.
Proceedings are summary in nature and guided by the Revised Rules on Summary Procedure with applicable rules on prohibited pleadings/motions. Only the claims application with attachments, opposition to eligibility, and appeal with a Memorandum are allowed.
Killed/disappeared and still missing: 10 points; tortured/raped/sexually abused: 6–9 points; detained: 3–5 points; other enumerated rights violations under specific sections: 1–2 points. Points depend on type, frequency/duration, severity and consequences; higher category applies if classified in more than one.
The Board awards only one (1) valid claim corresponding to the category with the highest number of points for each HRVV.
Opposition to newly eligible claimants may be filed within 15 calendar days from the last publication, on grounds that the new claimant is not legitimate, the HRV is not enumerated, or the claim is fraudulent/fictitious/spurious. For conclusively presumed claimants, opposition may be filed within 10 days as an appeal to the Board en banc. Appeals from Division resolutions must be filed within 10 calendar days from receipt, on grounds that the resolution lacks substantial evidence or that appellant was deprived of presenting evidence without fault.
No special power of attorney is recognized for actual disbursement; only the victim or successor(s)-in-interest may receive personally unless the victim is shown incapacitated to the satisfaction of the Board. Monetary reparation is free of tax.