Law Summary
Declaration of Policy
- Recognizes heroism and sacrifices of victims of human rights violations during Marcos regime (Sep 21, 1972 – Feb 25, 1986).
- State's moral and legal obligation to provide reparation and restore victims' honor and dignity.
- Acknowledges damages to persons and properties affected by abuses.
Construction
- Rules to be liberally construed to promote intent and objectives.
- Doubts resolved in favor of facilitating reparations and recognition.
Definitions
- Act: Republic Act No. 10368.
- Board: Human Rights Victims' Claims Board.
- Human Rights Violation (HRV): Acts like illegal detention, torture, enforced disappearance, forced exile, illegal takeovers, sexual offenses, etc., by state agents during specified period.
- Human Rights Violations Victim (HRVV): Person who suffered such violations.
- Persons Acting in Official Capacity: Members of military, police, civil service, Marcos and associates, authorized state agents.
- Reparation: Obligation of the State to restore rights through monetary and non-monetary means.
- Recognition: Acknowledgment by State through inclusion in Roll of HRVVs.
- Motu Proprio Recognition: Board may grant recognition on its own motion.
- Memorialization: Preservation of memories and lessons of victims.
Human Rights Victims' Claims Board
- Independent quasi-judicial body with jurisdiction over claims.
- Powers include receiving and investigating claims, issuing subpoenas, resolving disputes, publishing Roll of HRVVs.
- Can deputize government agencies, promulgate rules, hire personnel.
- Composed of 9 members with required qualifications; including lawyers with at least 10 years of practice.
- Divided into 3 divisions functioning independently.
- Chairperson and members receive salaries comparable to Court of Appeals justices.
- Operating budget sourced from P10 billion fund; limited to max P50 million annually.
Secretariat
- Assists Board in processing claims, recommendations, and technical support.
- Board Secretary heads Secretariat with legal, paralegal, and administrative staff.
- May hire additional contractual professionals such as counselors, psychologists.
- Ensures completeness, evaluation, and submission of claims to Board.
Claims, Reparations and Recognition
- Filing period: May 12, 2014 to November 10, 2014; failure to file results in waiver.
- Applications filed personally at Board or satellite offices without filing fees.
- Substantial evidence required; includes official documents, affidavits, certificates.
- Summary procedures guide Board proceedings; prohibited pleadings minimized.
- Eligibility requires proof of victim status and occurrence of HRV by state agents within period.
- Claimants include victims, presumptive victims, heirs or representatives.
- Conclusive presumptions for plaintiffs of landmark US case and recognized heroes.
- HRV must occur during or within one month of coverage period under certain conditions.
- Award points system ranks victims by severity: killed/disappeared (10 points), tortured/sexually abused (6-9 points), detained (3-5 points), others (1-2 points).
- Only highest category award granted; monetary amount calculated by points.
- Board publishes list of eligible claimants; oppositions and appeals are allowed on specific grounds.
- Awards effective 30 days after final approval, disbursed personally and are tax-free.
- Non-monetary reparations provided by relevant government agencies.
- Recognition granted even if no reparation claim filed; names inscribed in Roll.
- Confidentiality maintained to protect victims.
- Assistance from government agencies, civil society, and media in claims processing.
- Funding source: P10 billion Marcos ill-gotten wealth fund and interest.
- Board responsible for proper disbursement of funds.
Penalties
- Fraudulent claims punishable by 8-10 years imprisonment, disqualification from public office, loss of voting rights.
- Misuse or embezzlement of funds by officials or private individuals prosecuted under Revised Penal Code and special laws.
Memorialization
- Establishment of Memorial/Museum/Library/Compendium to honor victims.
- Database of victims’ claims transferred to Memorial Commission for archival and educational uses.
- Human rights violations and victim stories included in basic and higher education curricula.
- Publication of victim stories requires informed consent.
- Appropriation of P500 million from accrued interest for Memorial.
Human Rights Violations Victims Memorial Commission
- Responsible for Memorial’s establishment, restoration, preservation.
- Coordinates with education bodies to integrate lessons of Martial Law.
- Attached to Commission on Human Rights for budget and administration.
- Board of Trustees with representatives from CHR, historical, cultural, educational agencies.
- Authorized to hire personnel, receive donations, and generate revenue.
- Operating budget sourced from General Appropriations Act.
Final Provisions
- Board’s work period limited to 2 years before becoming functus officio.
- IRR takes effect 15 days after publication in newspapers.
- Separability clause ensures validity of unaffected provisions if any declared unconstitutional.
This comprehensive explanation covers the key provisions, scope, definitions, procedures, penalties, and institutional mechanisms for recognition and reparation of victims of human rights violations during the Marcos regime as mandated by Republic Act No. 10368 and its implementing rules.