Title
Reparation for Marcos regime human rights victims
Law
Republic Act No. 10368
Decision Date
Apr 24, 2014
The Human Rights Victims Reparation and Recognition Act of 2013 provides reparation and recognition to victims of human rights violations during the Marcos regime in the Philippines, establishing a board to process claims, determining awards based on a point system, and enshrining the names of victims in a Roll of Human Rights Victims.
A

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.

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