Implementing Rules of R.A. No. 10368 on HRV Reparation

Constitutional policy and purpose

The State policy is to recognize the heroism and sacrifices of Filipinos who were victims of summary execution, torture, enforced or involuntary disappearance and other gross human rights violations committed during the Marcos regime covering September 21, 1972 to February 25, 1986, and to restore their honor and dignity.
The State acknowledges a moral and legal obligation to provide reparation to victims and/or their families for deaths, injuries, sufferings, deprivations, and damages suffered under the Marcos regime.
The State acknowledges sufferings and damages inflicted upon persons whose properties or businesses were forcibly taken over, sequestered, or used; whose professions were damaged and/or impaired; whose freedom of movement was restricted; and other victims of violations of the Bill of Rights.
The IRR directs liberal construction in favor of facilitating reparation and recognition of bona fide victims or their legal heirs, with doubts resolved to promote the Act’s intent and objectives.

Core definitions of key terms

“Act” refers to Republic Act No. 10368 (Human Rights Victims Reparation and Recognition Act of 2013).
“IRR” refers to these Implementing Rules and Regulations.
“Board” refers to the Human Rights Victims Claims Board or the Human Rights Violations Victims Claims Board.
“Human rights violation (HRV)” covers acts or omissions committed during September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or agents of the State, including but not limited to:
- Search, arrest, and/or detention without a valid search warrant or warrant of arrest issued by a civilian court, including warrantless arrest/detention carried out pursuant to the declaration of Martial Law, and arrests/detention/deprivation of liberty based on an “Arrest, Search and Seizure Order (ASSO),” “Presidential Commitment Order (PCO),” “Preventive Detention Action (PDA),” and similar executive issuances.
- Detention as taking a person into custody against his will by persons acting in an official capacity and/or agents of the State.
- Physical injury, torture, killing, or other human rights violations of persons exercising civil or political rights, including freedom of speech, assembly, organization, and right to petition for redress; torture in any form or under any circumstance is deemed an HRV.
- Torture as defined by Republic Act No. 9745 (Anti-Torture Act of 2009), including intentional infliction of severe physical or mental pain or suffering for specified purposes, when inflicted by or with consent or acquiescence of a person in authority or agent of a person in authority.
- Enforced or involuntary disappearance as defined by Republic Act No. 1035[3] (Anti-Enforced or Involuntary Disappearance Act of 2012), including arrest/detention/abduction or other deprivation of liberty followed by refusal to acknowledge or concealment of fate/whereabouts.
- Force or intimidation causing involuntary exile of a person from the Philippines.
- Force, intimidation, or deceit causing unjust or illegal takeover of a business, confiscation of property, detention of owners and/or their families, and deprivation of livelihood by State agents, including those caused by Ferdinand E. Marcos, Imelda R. Marcos, immediate relatives by consanguinity or affinity, and close relatives, associates, cronies, and subordinates under Executive Order No. 1 (February 28, 1986) issued by President Corazon C. Aquino.
- Acts causing: (i) kidnapping or exploitation of children of persons suspected of acts against the Marcos regime; (ii) sexual offenses against HRV victims detained and/or during military and/or police operations, with sexual offenses including unlawful acts constituting sexual harassment or sexual offenses not amounting to torture; and (iii) other similar or analogous violations recognized by international law.
“Human Rights Violations Victim (HRVV)” is a person whose human rights were violated by persons acting in an official capacity and/or agents of the State as defined under the IRR, with the requirement that the HRV occurred during September 21, 1972 to February 25, 1986; reparation eligibility extends to violations committed one (1) month before September 21, 1972 and one (1) month after February 25, 1986 if the violation was committed by State agents/persons acting officially, for purposes of preserving/promoting the regime, or to conceal abuses and/or effects of Martial Law.
“Persons Acting in an Official Capacity and/or Agents of the State” includes:
- Members of the former PC, INP, AFP, and CHDF from September 21, 1972 to February 25, 1986, and any civilian agent attached thereto; and paramilitary group members if shown organized, funded, supplied, indoctrinated, controlled, supervised by persons acting officially/State agents.
- Civil service persons, including elective or appointive public officers at any time within the covered period.
- Persons under Section 2(a) of Executive Order No. 1 creating the Presidential Commission on Good Government (PCGG) and related laws, including former President Ferdinand E. Marcos, spouse Imelda R. Marcos, their immediate relatives by consanguinity or affinity, and close relatives, associates, cronies, and subordinates.
- Any person or group acting with authorization, support, or acquiescence of the State during the Marcos regime.
“Reparation” means the State’s obligation to restore rights and uphold the dignity of victims as part of an effective remedy, in both monetary and non-monetary forms.
“Recognition” means State acknowledgment of the violations by enshrining the HRVV’s name in the Roll of Human Rights Violations Victims prepared by the Board.
“Motu Proprio Recognition” is the Board’s action of taking judicial notice/cognizance of claims’ legitimacy and granting recognition as HRVVs by enshrining names in the Roll.
“Memorialization” covers preservation of memory of victims, objects, events, and lessons learned from the Marcos regime as part of the State’s inherent obligation to acknowledge wrongs, recognize heroism and sacrifices, and prevent recurrence.
“Memorial Commission” refers to the Human Rights Violations Victims Memorial Commission established under the Act.

Board structure, authority, and powers

The Human Rights Victims Claims Board is an independent and quasi-judicial body with sole and original jurisdiction to determine eligibility of claims, extent of HRVs, and award of reparations.
The Board must receive, evaluate, process, and investigate applications for claims.
The Board may issue subpoenae ad testificandum and duces tecum.
The Board conducts independent administrative proceedings and resolves disputes over claims.
The Board approves eligible claims with finality and on appeal.
The Board prepares the Roll of Human Rights Violations Victims.
The Board may deputize appropriate government agencies to assist it in performing its functions.
The Board promulgates necessary rules, including rules of procedure for its proceedings, with the Revised Rules of Court applying suppletorily.
The Board exercises administrative control and supervision over its Secretariat and Division Secretariats, including appointment, hiring, and dismissal of regular personnel.
The Board may consult human rights organizations mentioned in Section 9 of the Act at its discretion.
The Board may hire additional personnel or enter into contracts for counselors, psychologists, social workers, public education specialists, and additional legal/paralegal services.
The Board performs other duties necessary to attain the Act’s objectives.
The Board may take motu proprio judicial notice of individuals who suffered HRVs to grant recognition as HRVVs and enshrine them in the Roll.
Persons who are HRVVs receive recognition by enshrining their names in the Roll regardless of whether they opt to seek reparation.
The Board consists of nine (9) members of known probity, competence, and integrity; with deep and thorough understanding of human rights and involvement against HRVs during the Marcos regime; including at least three (3) members who are members of the Philippine Bar engaged in law practice for at least ten (10) years; and who have clear and adequate understanding and commitment to human rights protection, promotion, and advocacy.
The Board is attached to the Commission on Human Rights (CHR) but is not under the CHR.
The Board operates through three (3) divisions functioning simultaneously and independently, each composed of one (1) Chairperson (a Philippine Bar member) and two (2) members appointed by the Board en banc.
The Chairperson and Members receive rank, salary, emoluments, and allowances equivalent to a Presiding Justice and Associate Justice of the Court of Appeals respectively, which shall not be decreased during their term; emoluments include fees, compensation, perquisites, pensions, and retirement benefits in accordance with RA 6758 and RA 910, as amended.
The Board’s operating budget is funded from a ten billion peso (P10,000,000,000.00) fund, with an initial operating budget of ten million pesos (P10,000,000.00) and a yearly cap of fifty million pesos (P50,000,000.00).

Secretariat operations and claim processing

The Board is assisted by a Secretariat with functions to receive, evaluate, process, and investigate applications; recommend approval to the Board; assist in technical functions; and perform other assigned duties.
The Board Chairperson appoints a Board Secretary who heads the Secretariat for the Board’s existence.
The Secretariat 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, plus other personnel as needed.
The Board may hire additional contractual employees or service providers to augment Secretariat services, with a maximum contract amount per year not exceeding 15% of the Board’s total annual operating budget.
The Secretariat ensures completeness of applications in accordance with Section 6 of Rule III, evaluates substantive compliance, prepares a reasoned recommendation, and submits the recommendation to the respective Division.
The Secretariat may raise legal and other issues to the Board through the Divisions during evaluation and implementation.

Claim filing, evidence, and awards

Filing runs from May 12, 2014 to November 10, 2014, with publication once a week for three (3) consecutive weeks in two (2) national newspapers of general circulation.
Failure to file an application within the fixed period results in waiver of the right to file.
Applications must be personally filed with the Secretariat at the main office or at designated on-site/satellite intake offices.
No fees are charged for filing a claim application or appeal; photocopying/scanning or similar costs are borne by the applicant/appellant.
Substantial evidence is required to establish eligibility, meaning evidence a reasonable mind might accept as adequate; submissions are validated and verified with appropriate government records and databases, and allegations are investigated before resolution.
Proceedings are summary in nature and guided by the Revised Rules on Summary Procedure.
Only the following pleadings are allowed: (i) the claims application with necessary attachments; (ii) opposition to eligibility; and (iii) appeal with the Memorandum.
Eligibility requires the applicant to qualify as an HRVV under the Act, show eligibility to the Board through the Divisions, and provide proof that:
- the applicant is a legitimate claimant under Sections 8 and 9 of this Rule, including those seeking recognition; and
- the HRV is among those enumerated under Rule II, Section 1(d), committed by an official capacity State agent/person in accordance with Section 10 of this Rule during the covered period.
A Claims Application may be filed by:
- a person who is an HRVV;
- claimants conclusively presumed as HRVVs under Section 9;
- legal heirs under Articles 960 to 1010 of the Civil Code or an authorized representative of HRVVs who are deceased, incapacitated, or involuntarily disappeared.
The application must include: (i) Claims Application Form; (ii) detailed sworn statement of the HRV; (iii) proof of filiation and relationship issued by NSO or Office of the Local Civil Registrar (or affidavits of at least two (2) disinterested individuals if unavailable); (iv) for non-personal filing due to physical incapacity, a notarized authorization showing proof of identity of the authorized representative and bona fide relationship; and (v) for mental/psychological disability, proof of filiation and relationship of the nearest next of kin under Civil Code succession provisions issued by NSO or the Local Civil Registrar.
Conclusive presumption of being HRVVs extends to claimants in the class suit and direct action plaintiffs in the 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.
Conclusive presumption also extends to HRVVs recognized by Bantayog Ng Mga Bayani Foundation, with the proviso that nothing limits the Board’s jurisdiction and inherent power to determine the extent of HRVs and corresponding reparation/recognition.
HRV must be shown as committed during September 21, 1972 to February 25, 1986, and eligibility also covers violations committed one (1) month before and one (1) month after the covered dates if committed by State agents/persons acting officially, for preserving/promoting the regime, or to conceal abuses and/or effects of Martial Law.
To prove HRV, the applicant shall submit one or more of the following: NSO-issued or local death certificate; warrant of arrest; seizure orders (PDA, PCO, ASSO); mission order and similar documents; certifications by custodial government agencies on detention and related records (carpeta, police blotter, NBI files, release papers); doctor’s affidavit and medico-legal/autopsy/pathology certificate/report; declassified documents from the Department of National Defense and other agencies; court records; original or duly certified lawyer’s records; photographs with affidavit of proper authentication; sworn statements of two (2) co-detainees or two (2) persons with personal knowledge; reliable secondary sources such as church/NGO reports, books, newsclippings; and other documents/evidence required for the award of reparation.
Issues, claims, or appeals before the Board or Divisions are decided by majority vote within 15 calendar days from submission for resolution.
The Board determines monetary award through a point system guided by categories:
- Killed or involuntarily disappeared and still missing: 10 points.
- Tortured and/or raped or sexually abused: 6 to 9 points.
- Detained: 3 to 5 points.
- Rights violations under Section 3, paragraph (b), nos. (4), (5) and (6) under the Act: 1 to 2 points.
Points are determined using discretion based on type of violation, frequency and duration, and severity of harm and consequences; within a category, more suffering yields more points.
If a victim falls in more than one category, the victim receives points in the higher category.
For each HRVV, the Board awards only one (1) valid claim corresponding to the category obtaining the highest number of points.
The Board computes final monetary value by multiplying the number of points entitlement by the monetary value equivalent to one point (as determined by the Board).
The amount of reparation is proportional to the gravity of the HRV and the assigned points.
After Divisions determine eligibility lists, the Board en banc approves the list and publishes it in at least two (2) newspapers once a week for three (3) consecutive weeks.
Opposition to new eligible claimants must be filed within 15 calendar days from the date of last publication on grounds that: the new claimant is not legitimate under Section 8; the HRV is not enumerated under Rule II, Section 1(d) and Section 10; or the claim is fraudulent, fictitious, or spurious.
The Board remands opposition adjudication to the concerned Division for presentation and consideration of evidence and issues, and the Division may summarily dismiss frivolous oppositions.
An applicant not included in the new eligible list may appeal through the Division to the Board.
For conclusively presumed claimants, opposition must be filed within 10 days as an appeal to the Board en banc based on the same grounds, under the succeeding appeal process.
Appeals from Division resolutions must be filed within 10 calendar days from receipt of the resolution by any aggrieved claimant or oppositor by Notice of Appeal with the Secretariat on grounds that: the resolution lacks substantial evidence; or the appellant was deprived through no fault attributable to them of presenting evidence during Division proceedings.
The appellant must submit a Memorandum appended to the Notice of Appeal in at least nine (9) copies; failure to submit the Memorandum results in non-perfection of the appeal.
Board en banc decisions on appeal are final and executory.
The Board en banc resolves pending appeals within 60 calendar days before it becomes functus officio.
Monetary compensation takes effect within 30 days after Board approval with finality of each eligible claim pending before it and after due publication of the legitimate claim.

Disbursement, non-monetary services, and recognition

No special power of attorney is recognized for actual disbursement; only the victim or successors-in-interest may personally receive reparation from the Board, unless the victim is shown incapacitated to the satisfaction of the Board.
Monetary reparation is free of tax.
Reparation received under the Act does not prejudice receipt of other sums by the HRVV from other persons/entities in cases involving human rights violations.
Non-monetary reparation is rendered by the Department of Health (DOH), Department of Social Welfare and Development (DSWD), Department of Education (DepED), Commission on Higher Education (CHED), Technical Education and Skills Development Authority (TESDA), and other government agencies as may be determined by the Board under the Act.
The amount for non-monetary reparation comes from the annual General Appropriations Act (GAA) budget of the agency concerned.
HRVVs receive recognition by enshrining their names in the Roll, whether or not they opt to seek reparation.
The Board may again grant motu proprio recognition by taking judicial notice/cognizance and enshrining names in the Roll.
Claim processing must be transparent, but confidentiality must be ensured in instances primarily to protect the HRVV unless the HRVV gives prior informed consent.
Government agencies holding documents such as court records, clearances, dossiers, arrest and seizure orders, detention logs, police blotters, and other documents must provide necessary assistance enabling claimants to obtain proof documents.
The Board may seek assistance or deputize appropriate government agencies for validation, verification, and investigation of claims, oppositions, and appeals.
The Board may seek assistance of civil society and media organizations for materials and documents that facilitate proof, including newsclippings, microfilms, still photos, audio, video footages, and other documents.
Funding for reparation is sourced from ten billion pesos (P10,000,000,000.00) plus accrued interest, as funds transferred to the Republic of the Philippines by virtue of the December 10, 1997 Order of the Swiss Federal Supreme Court, adjudged by the Supreme Court of the Philippines as final and executory in Republic vs. Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth forfeited to the Republic.

Fraud penalties and accountability

A claimant found by the Board after due hearing to have filed a fraudulent claim must be referred to the appropriate office for prosecution.
Upon conviction for a fraudulent claim, the penalty is imprisonment of eight (8) to ten (10) years, disqualification from public office and employment, and deprivation of the right to vote and be voted for in any national or local election, even after service of sentence unless granted absolute pardon.
Members of the Board, its Secretariat, public officers and employees of implementing agencies, and private individuals mandated to implement the Act who misuse, embezzle, or misappropriate reparation funds, or commit fraud in processing documents and claims, or conspire in such acts are likewise prosecuted.
Individuals already found guilty of prohibited acts are penalized under pertinent provisions of the Revised Penal Code and relevant special penal laws.

Memorialization and educational mandates

A memorial/museum/library/compendium must be established honoring victims whose names are in the Roll.
A compendium of sacrifices must be prepared and made readily viewable and accessible via the internet.
The Roll may be displayed in government agencies designated by the Human Rights Violations Victims Memorial Commission.
The Board must turn over to the Memorial Commission the database derived from claims processing for archival purposes, and it must be made accessible across government agencies to promote human rights and prevent recurrence, encourage continuing reforms, and contribute to ending impunity.
Martial Law lessons and HRVVs’ lives and sacrifices must be included in basic and higher education curricula and continuing adult learning, prioritizing those most prone to commit human rights violations.
The Memorial Commission must publish only those HRV stories of HRVVs who have given prior informed consent.
The memorial/museum/library/compendium must receive 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.

Memorial Commission organization and budget

The Human Rights Violations Victims Memorial Commission is primarily responsible for establishment, restoration, preservation, and conservation of the memorial/museum/library/compendium.
The Commission coordinates and collaborates with DepED and CHED to ensure lessons from Martial Law are taught in schools.
The Commission is attached to the CHR solely for budgetary and administrative purposes.
The Commission’s functions are assumed by a Board of Trustees composed of: the CHR Chairperson as Chairperson; the National Historical Commission of the Philippines Chairperson as Co-Chairperson; the CHED Chairperson and National Commission on Culture and the Arts Chairperson as members; the DepED Secretary as a member; and the Head of the University of the Philippines Diliman Main Library as a member.
The Board of Trustees may hire and appoint officials and employees, constitute its own Secretariat, receive donations and grants, and generate revenues for the Commission’s benefit.
The Commission’s operating budget is appropriated from the GAA.

Final provisions and separability

The Board must complete its work within two (2) years from the effectivity of the IRR and becomes functus officio after the period.
The IRR takes effect 15 days after complete publication in two (2) national newspapers of general circulation.
If any section or provision is declared unconstitutional or invalid, the remaining sections or provisions continue in full force and effect.