Reparation for Marcos regime human rights victims

Constitutional and international policy basis

The State values the dignity of every human person and guarantees full respect for human rights under Article II, Section 11 of the 1987 Constitution.
The State prohibits torture, force, violence, threat, intimidation, or any other means which vitiate the free will and mandates compensation and rehabilitation of victims of torture or similar practices and their families under Article III, Section 12 of the 1987 Constitution.
The Act reaffirms that generally accepted principles of international law form part of Philippine law under Article II, Section 2 of the 1987 Constitution, including obligations under ICCPR and CAT to enact domestic legislation for effective remedies, even for violations committed in an official capacity.
The policy declaration recognizes as non-derogable the right to effective remedy as a matter of jus cogens.
The State’s policy is to recognize the heroism and sacrifices of victims of summary execution, torture, enforced or involuntary disappearance, and other gross human rights violations during the Marcos regime covering September 21, 1972 to February 25, 1986, and to restore their honor and dignity.
The State acknowledges its moral and legal obligation to recognize and/or provide reparation to victims and/or their families for deaths, injuries, sufferings, deprivations, and damages suffered under the Marcos regime.
The State also recognizes harms inflicted on persons whose properties or businesses were forcibly taken over, sequestered, or used; persons whose professions were damaged and/or impaired; persons whose freedom of movement was restricted; and other victims of Bill of Rights violations.

Key definitions under the Act

Detention means taking a person into custody against the person’s will by persons acting in an official capacity and/or agents of the State.
Human rights violation means any act or omission committed during September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or agents of the State, including the following:
- Searches, arrests, and/or detentions without a valid search warrant or warrant of arrest issued by a civilian court, including warrantless arrest/detention and arrests/detentions carried out under Marcos Martial Law; and arrests/detentions/deprivation of liberty based on Arrest, Search and Seizure Order (ASSO), Presidential Commitment Order (PCO), Preventive Detention Action (PDA), and similar executive issuances defined by Marcos decrees.
- Physical injury, torture, killing, or other human rights violations inflicted by persons acting in an official capacity/agents of the State on persons exercising civil or political rights, including freedom of speech, assembly or organization, and the right to petition for redress of grievances—without regard to whether the violation occurred during or in the course of an authority’s characterization of the act as an illegal assembly or demonstration; and torture in any form or under any circumstance is considered a human rights violation.
- Enforced or involuntary disappearance caused upon a person arrested, detained, or abducted against the person’s will or otherwise deprived of liberty, as defined in Republic Act No. 10350 (Anti-Enforced or Involuntary Disappearance Act of 2012).
- Force or intimidation causing involuntary exile from the Philippines.
- Acts or series of acts causing unjust or illegal takeover of a business, confiscation of property, detention of owner/s and/or their families, and deprivation of livelihood by agents of the State, including those caused by Ferdinand E. Marcos, Imelda R. Marcos, their immediate relatives by consanguinity or affinity, and close relatives, associates, cronies, and subordinates under Executive Order No. 1 (February 28, 1986) issued by Corazon C. Aquino under the Freedom Constitution.
- Acts or series of acts including: (i) kidnapping or exploiting children of persons suspected of acts against the Marcos regime; (ii) committing sexual offenses against human rights victims detained and/or during military and/or police operations; and (iii) other violations/abuses similar or analogous to the above recognized by international law.
Human Rights Violations Victim (HRVV) means a person whose human rights were violated by persons acting in an official capacity and/or agents of the State, and where the violation was committed during September 21, 1972 to February 25, 1986—with eligibility extending to violations committed one (1) month before September 21, 1972 and one (1) month after February 25, 1986 if the claimant proves: (1) the violation was committed by agents of the State/persons acting in an official capacity; (2) for preserving, maintaining, supporting, or promoting the Marcos regime; or (3) to conceal abuses during the Marcos regime and/or the effects of Martial Law.
Persons Acting in an Official Capacity and/or Agents of the State includes:
- Members of the former Philippine Constabulary (PC), Integrated National Police (INP), Armed Forces of the Philippines (AFP), and Civilian Home Defense Force (CHDF) from September 21, 1972 to February 25, 1986, plus any civilian agent attached thereto; and members of a paramilitary group even if not organically part of those units, if shown organized, funded, supplied, indoctrinated, controlled, and/or supervised by a person acting in an official capacity/agent as defined.
- Members of the civil service, including persons who held elective or appointive public office at any time during September 21, 1972 to February 25, 1986.
- Persons referred to in Section 2(a) of Executive Order No. 1 creating the Presidential Commission on Good Government (PCGG) issued February 28, 1986, and related laws by then President Corazon C. Aquino, including former President Ferdinand E. Marcos, Imelda R. Marcos, their immediate relatives by consanguinity or affinity, and their close relatives, associates, cronies, and subordinates.
- Any person or group/s acting with State authorization, support, or acquiescence during the Marcos regime.
Torture refers to acts intentionally inflicting severe pain or suffering (physical or mental) on a person under custody of persons acting in an official capacity/agents of the State, consistent with law, jurisprudence, international conventions, and Republic Act No. 9745 (Anti-Torture Act of 2009).

Monetary entitlement and nonmonetary services

Any HRVV qualified under the Act is entitled to monetary reparation from the State, free of tax, as prescribed.
For a deceased or involuntarily disappeared HRVV, the legal heirs under the Civil Code of the Philippines, or such other person named by the executor or administrator as the deceased/disappeared HRVV’s estate, are entitled to receive reparation.
No special power of attorney is recognized for actual disbursement of the award; only the victim or the successors-in-interest are entitled to personally receive the reparation from the Board, unless the victim is incapacitated to the satisfaction of the Board.
Reparation under the Act is without prejudice to other sums the HRVV may receive from any other person or entity in cases involving the human rights violations defined by the Act.
The Department of Health (DOH), Department of Social Welfare and Development (DSWD), Department of Education (DepED), Commission on Higher Education (CHED), TESDA, and other government agencies must render necessary nonmonetary reparation for HRVVs and/or their families as determined by the Board.
The amount necessary for nonmonetary services is sourced from the budget of the agency concerned in the annual General Appropriations Act (GAA).
The amount of reparation is proportional to the gravity of the human rights violation committed and is determined in accordance with the number of points assigned under Section 19.

Source and transfer of reparation funds

The principal source of implementation funds is Ten billion pesos (P10,000,000,000.00) plus accrued interest that form part of funds transferred to the Philippine Government due to the December 10, 1997 Order of the Swiss Federal Supreme Court, adjudged by the Supreme Court as final and executory in Republic vs. Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth and forfeited in favor of the Republic.
The Act sets aside and appropriates Ten billion pesos (P10,000,000,000.00) plus accrued interest to fund the purposes of the Act.
The Board shall ensure proper disbursement of appropriated funds and any available reparation funds in accordance with Congress’s policies and relevant government rules, regulations, and accounting procedures.

Claims Board creation, composition, and powers

An independent and quasi-judicial body named the Human Rights Victims Claims Board is created.
The Board has nine (9) members with qualifications requiring known probity, competence and integrity, deep understanding of human rights and involvement in efforts against Marcos-era human rights violations, and clear and adequate commitment to human rights protection, promotion and advocacy.
At least three (3) members must be members of the Philippine Bar engaged in the practice of law for at least ten (10) years.
The Board is attached to but not under the Commission on Human Rights (CHR).
The Board must organize itself within thirty (30) days from the completion of appointment of all nine (9) members and then organize its Secretariat.
The President appoints the Chairperson and the other eight (8) members.
Human rights organizations may submit nominations to the President, including Task Force Detainees of the Philippines (TFDP), Free Legal Assistance Group (FLAG), Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI), Families of Victims of Involuntary Disappearance (FIND), and Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto (SELDA).
The Board’s functions include receiving, evaluating, processing, and investigating applications; issuing subpoena ad testificandum and subpoena duces tecum; conducting independent administrative proceedings and resolving disputes; approving eligible claims with finality; deputizing government agencies to assist it; and promulgating rules of procedure with the Revised Rules of Court having suppletory application.
The Board exercises administrative control and supervision over its Secretariat and may consult human rights organizations mentioned in the nominations provision.
The Board must perform other duties necessary to attain the Act’s objectives.
The Board has three (3) divisions that function simultaneously and independently in resolving claims; each division has one Chairperson (a Philippine Bar member) and two members appointed by the Board en banc.
Board Chairperson and members receive ranks, salary, emoluments, and allowances equivalent to the Presiding Justice and Associate Justice of the Court of Appeals, respectively.

Secretariat structure and operating budget

The Board is assisted by a Secretariat drawn from existing CHR personnel, without prejudice to hiring additional personnel determined necessary by the Board.
Secretariat functions include receiving, evaluating, processing, and investigating applications; recommending approval of claims to the Board; assisting the Board in technical functions; and performing other duties assigned by the Board.
The Chairperson appoints a Board Secretary who heads the Secretariat for the Board’s existence.
Secretariat staffing includes a Technical Staff Head assisted by five (5) Legal Officers and three (3) Paralegal Officers, and an Administrative Staff Head assisted by three (3) Administrative Support Staff.
When necessary, the Board may hire additional contractual employees or contract service providers to provide counselors, psychologists, social workers, and public education specialists, among others, to augment services.
Contract maximum per year may not exceed fifteen percent (15%) of the Board’s total annual operating budget.
The Board’s operating budget is funded from the Ten billion peso (P10,000,000,000.00) fund, with Ten million pesos (P10,000,000.00) as its initial operating budget.
The operating budget shall not exceed Fifty million pesos (P50,000,000.00) a year.

Victims, roll recognition, and memorial projects

Any person who is an HRVV may file a claim with the Board for reparation and/or recognition in accordance with the Act.
Claimants in the class suit and direct action plaintiffs in Human Rights Litigation Against the Estate of Ferdinand E. Marcos (MDL No. 840, CA No. 88-0390) in the US Federal District Court of Honolulu, Hawaii, with a favorable judgment, are extended a conclusive presumption that they are HRVVs.
HRVVs recognized by the Bantayog Ng Mga Bayani Foundation are granted the same conclusive presumption.
The Board retains original jurisdiction and inherent power to determine the extent of human rights violations and corresponding reparation and/or recognition.
The Board may take judicial notice motu proprio of individual persons who suffered the defined human rights violations and grant recognition as HRVVs included in the Roll of Victims.
Persons who are HRVVs receive recognition by enshrining their names in a Roll of Human Rights Victims prepared by the Board, regardless of whether they opt to seek reparation.
A Memorial/Museum/Library is established in honor and memory of victims whose names are inscribed in the Roll.
A compendium of their sacrifices is prepared and is viewable and accessible on the internet.
The Memorial/Museum/Library/Compendium must have an appropriation of at least Five hundred million pesos (P500,000,000.00) from the accrued interest of the Ten billion peso (P10,000,000,000.00) fund.
The Roll may also be displayed in government agencies designated by the HRVV Memorial Commission.
A Human Rights Violations Victims Memorial Commission is created to establish, restore, preserve, and conserve the Memorial/Museum/Library/Compendium.
The Commission’s powers and functions are assumed by a Board of Trustees composed of the Chairperson of the CHR (Chairperson); the Chairperson of the National Historical Commission (Co-Chairperson); and Chairpersons of CHED, NCCA, the Secretary of DepED, and the Head of the University of the Philippines Diliman Main Library.
The Trustees Board may hire and appoint officials and employees, receive donations and grants on behalf of the Commission, and generate revenues benefiting the Commission.
The Commission is attached to the CHR solely for budgetary and administrative purposes, and its operating budget is appropriated from the General Appropriations Act.
The Commission coordinates with DepED and CHED to ensure teaching of Martial Law atrocities and HRVV lives and sacrifices are included in basic, secondary, and tertiary education curricula.

Award points, computation, timing, and appeals

The Board uses a point system with a range of one (1) to ten (10) points:
- Deaths or disappearances with victims still missing: ten (10) points.
- Tortured and/or raped or sexually abused victims: six (6) to nine (9) points.
- Detained victims: three (3) to five (5) points.
- Victims whose rights were violated under Section 3(b)(4), (5) and (6): one (1) to two (2) points.
The Board determines point values with due discretion based on type of violation, frequency, and duration; within each category, more suffering results in more points.
When a victim fits more than one category, points are awarded in the higher category.
When several eligible claims are filed by or on behalf of a particular HRVV, only one (1) valid claim corresponding to the category obtaining the highest number of points is awarded.
After classification under Sections 16, 17, and 18, the Board computes final monetary value as (numerical value of one point) × (number of points the claimant is entitled to).
After the Board approves with finality each eligible claim and after due publication of legitimate claims, the award of monetary compensation takes effect within thirty (30) days.
Pending appeals filed by aggrieved claimants or oppositors must be resolved by the Board en banc sixty (60) days before the Board becomes functus officio.
Any aggrieved claimant or oppositor may file an appeal within ten (10) calendar days from receipt of the Division’s Resolution to the Board en banc, whose decision becomes final and executory.

Documentation, publication, claim filing, and opposition

Any HRVV seeking reparation must execute a detailed sworn statement narrating circumstances of the relevant human rights violation/s.
The Board sets periods for commencement and termination of applications and causes publication.
The application filing period becomes operative fifteen (15) days after its last publication, with publication done once a week for three (3) consecutive weeks in at least two (2) national newspapers of general circulation.
An HRVV must file an application for reparation within six (6) months from the effectivity of the Act’s implementing rules and regulations (IRR).
Failure to file within the six (6) months period is deemed a waiver of the right to file.
Legal heirs or representatives of HRVVs who are deceased, incapacitated, or missing due to enforced disappearance may file applications on their behalf.
Opposition to new applications under Section 16 is entertained only if filed within fifteen (15) days from the date of last publication of the official list of eligible claimants as determined by the Board.
The Board publishes the official list of eligible claimants once a week for three (3) consecutive weeks in at least two (2) national newspapers of general circulation.

Fraud, criminal penalties, and prosecution

If the Board, after due hearing, finds a claimant filed a fraudulent claim, the case is referred to the appropriate office for prosecution.
A convicted fraudulent claimant must suffer imprisonment of eight (8) to ten (10) years.
Upon conviction for fraudulent claims, a person is disqualified from public office and employment and deprived of the right to vote and be voted for in any national or local election, even after service of sentence unless granted absolute pardon.
The Act imposes prosecution for misuse, embezzlement, or misappropriation of reparation funds, or commission of fraud in processing documents and claims, by:
- Board members and Secretariat personnel,
- Public officers and employees of implementing agencies,
- Any private individual mandated to implement the Act,
- Or any person who conspires with any individual to commit these acts.
Persons found guilty of the prohibited acts may be prosecuted under the pertinent provisions of the Revised Penal Code and relevant special penal laws.

IRR, work period, separability, and repeal

The Board must provide in its IRR and procedures for:
- Transparency in claim processing;
- A procedure allowing any concerned party to oppose an application/claim on grounds that it is fraudulent, fictitious, or spurious, with opportunity to question and present supporting evidence; and
- A procedure that is speedy and expeditious without sacrificing any party’s fundamental rights.
Within fifteen (15) days from organization, the Board must promulgate necessary IRR and implementation procedures.
The IRR becomes effective fifteen (15) days after its publication in two (2) national newspapers of general circulation.
The Board must complete its work within two (2) years from the IRR’s effectivity.
After that period, the Board becomes functus officio.
A separability clause keeps remaining provisions effective if any section is declared unconstitutional or invalid.
A repealing clause repeals, amends, or modifies all laws, decrees, executive orders, rules, and regulations—or parts thereof—inconsistent with the Act, expressly including:
- Section 63(b) of Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988); and
- Section 40(a) of Republic Act No. 7160 (Local Government Code of 1991).