Declaration of Policy
- The State values human dignity and guarantees full respect for human rights per the 1987 Constitution.
- Torture, force, intimidation, and other coercive means are prohibited, and victims are entitled to compensation and rehabilitation.
- The Philippines adheres to international human rights laws (UDHR, ICCPR, CAT).
- It is a legal and moral obligation to recognize and provide reparation to victims and their families of human rights violations from Sep 21, 1972 to Feb 25, 1986 under the Marcos regime.
- Reparation includes restoring victims' honor and dignity, and acknowledging damage from forced property takeover, profession impairment, and freedom restrictions.
Definitions
- Detention: Custody against will by State agents.
- Human Rights Violation: Acts/omissions by State agents during Marcos era including illegal arrest/detention, torture, killing, enforced disappearance, exile, forced property confiscation, child exploitation, sexual abuse, and other similar violations.
- Human Rights Violations Victim (HRVV): Persons subjected to the above violations during the specified period, including certain acts one month before and after the period, if linked to the regime.
- Persons Acting in Official Capacity: Members of military/police units, civil servants, Marcos family and associates, and any authorized State agents during the regime.
- Torture: Severe physical or mental pain inflicted intentionally under custody by State agents.
Entitlement to Monetary Reparation
- Qualified HRVVs receive tax-free monetary reparation from the State.
- For deceased or disappeared victims, legal heirs or designated persons may claim.
- Only the victim or authorized successor can personally receive the reparation unless incapacitated.
- Reparation does not affect other sums received from other sources for human rights violations.
Nonmonetary Reparation
- Government agencies (DOH, DSWD, DepED, CHED, TESDA) are mandated to provide services as nonmonetary reparation.
- Funding for these services must come from their respective budgets as per the General Appropriations Act.
Amount of Reparation
- Reparation amount depends on the gravity of the violation and a point system outlined in the Act.
Source of Reparation Fund
- The principal source is Php 10 billion plus accrued interest from Marcos ill-gotten wealth, per legal decisions.
Human Rights Victims' Claims Board
- An independent quasi-judicial body composed of nine members with expertise in human rights and law.
- Attached to but independent from the Commission on Human Rights (CHR).
- Members include at least three lawyers with 10 years' practice.
- The Board organizes its Secretariat to assist in functions.
Appointment to the Board
- Appointed by the President, with nominations from human rights organizations.
Powers and Functions of the Board
- Receive, investigate, and process claims.
- Issue subpoenas and conduct administrative hearings.
- Approve claims and promulgate necessary procedural rules.
- Deputize agencies for assistance and exercise control over Secretariat.
Resolution of Claims
- The Board acts through three divisions, each with a Chairperson and two members, resolving claims independently.
Emoluments of Board Members
- Salaries and benefits are equivalent to Presiding Justice and Associate Justice of the Court of Appeals.
Secretariat
- Supports the Board with personnel from CHR and additional hires.
- Responsible for processing claims, recommending approvals, assisting technically, and performing assigned duties.
- Includes legal, paralegal, and administrative officers.
Board Operating Budget
- Funded by the Php 10 billion fund with an initial and capped annual budget.
Proper Disposition of Funds
- Ensures disbursement complies with congressional policies and government rules.
Claimants
- Any HRVV may file for reparation or recognition.
Conclusive Presumption of HRVV Status
- Claims from prior qualified US Federal Court cases and Bantayog Ng Mga Bayani records are conclusively presumed HRVV for reparation.
- The Board retains original jurisdiction to determine extent and awards.
Motu Proprio Recognition
- The Board may recognize victims on its own initiative and include them in the Roll of Victims.
Determination of Award
- A point system (1-10 points) classifies violations by severity (death, torture, detention, other violations).
- The higher points in multiple categories apply; only one claim per victim.
- Awards calculated by multiplying points by a monetary value.
- Awards take effect 30 days after Board approval and publication unless appealed.
Period for Filing Claims and Waiver
- Claims must be filed within 6 months after IRR effectivity.
- Failure to file constitutes waiver unless claims are by heirs/representatives of deceased/missing victims.
- Opposition to claims is allowed within 15 days after publication of the official eligible claimant list.
Appeal Process
- Aggrieved parties may appeal to the Board en banc within 10 days; decisions are final and executory.
Penalties
- Fraudulent claimants face 8-10 years imprisonment, disqualification from public office, and loss of suffrage unless pardoned.
- Misuse or fraud by Board members, public officers, or those implementing the Act is prosecutable.
- Penalties conform with the Revised Penal Code and special laws.
Roll of Victims
- All HRVVs are recognized by inclusion in a Roll of Human Rights Victims.
- A Memorial/Museum/Library and Compendium will be established with a Php 500 million appropriation.
- Names and sacrifices are enshrined and accessible online and at designated government agencies.
Human Rights Violations Victims' Memorial Commission
- Created to establish and maintain the Memorial/Museum/Library/Compendium.
- Governed by a Board of Trustees composed of CHR and other key government cultural and educational agencies.
- Has authority to hire personnel, receive donations, and generate revenue.
- Attached to CHR for budget and administrative purposes.
- Coordinates with educational departments to teach Martial Law history and human rights violations.
Implementing Rules and Regulations (IRR)
- The Board must promulgate the IRR within 15 days of organization.
- Rules must ensure transparency, provide procedures for opposing claims, and be speedy without violating rights.
- IRR takes effect 15 days after publication.
Work Period and Sunset Clause
- Board must complete work within 2 years from IRR effectiveness and then becomes functus officio.
Separability Clause
- Invalidity of any section does not affect the remainder of the Act.
Repealing Clause
- Laws, decrees, and rules inconsistent with this Act are repealed, amended, or modified accordingly.
Effectivity Clause
- The Act takes effect 15 days after complete publication in the Official Gazette or two national newspapers.