Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 7678

Introduced by BAYAN MUNA Party-List Representatives
CARLOS ISAGANI T. ZARATE, FERDINAND R. GAITE, and EUFEMIA C.
CULLAMAT, ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
GABRIELA Women’s Party Representative ARLENE D. BROSAS,
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

ANEW ACT
PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF
HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME,
DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS
THEREOF AND FOR OTHER PURPOSES

EXPLANATORY NOTE

‘This Act shall be known as the "New Human Rights Victims Reparation and Recognition Act of
2020."

Section 11 of Article II of the 1987 Constitution declares that the State values the dignity of every
human, person and guarantees full respect for human rights. Section 12 of Article IIT of the
Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other means
which vitiate the free will and mandates the compensation and rehabilitation of victims of torture
or similar practices and their families.

The State recognizes and adopts generally accepted principles of international law as part of the
law of the land through Section 2 of Article II of the Constitution. These includes Universal
Declaration of Human Rights, including the International Covenant on Civil and Political Rights
(ICCPR) and the Convention Against Torture (CAT) and Other Cruel, Inhuman or Degrading
Treatment or Punishment.

Republic Act No. 10368 entitled “An Act Providing for Reparation and Recognition of Victims
of Human Rights Violations During the Marcos Regime, Documentation of Said Violations,
Appropriating Funds Therefor and for Other Purposes”, passed in 2013, provides for the State
recognition of the heroism and sacrifices of all Filipinos who were victims of summary execution,
torture, enforced or involuntary disappearance and other gross human rights violations committed
during the regime of former President Ferdinand Marcos covering the period from September 21,
1972 to February 25, 1986 and restore the victims’ honor and dignity.

an


‘Through the law, the State also acknowledges its moral and legal obligation to recognize and/or
provide reparation to the 9,539 class suit plaintiffs and the 24 direct action plaintiffs who were
adjudged as such victims by the US Federal Court System in Honolulu, Hawaii in 1992. Section 17
provides for conclusive presumption for the claimants in the class suit and direct-action plaintiffs
while not depriving the Board of “its original jurisdiction and its inherent power to determine the
extent of the human sights violations and the corresponding reparation and/or recognition that
may be granted”.

Under RA 10368, more than 75,000 applicants filed their claims, but only 11,103 were approved
and duly recognized by the Human Rights Victims Claims Board (HRVCB) until the board became
_functus officio on May 12, 2018, The HRVCB was able to completely resolve the 6,737 appeals as of
May 6, 2018.

However, seven (7) years after RA 10368 was passed, and 27 years after the landmark decision in
Hawaii, relatives and friends of the human rights violations are still crying out for justice.

Many of those who filed their claim were ordinary people, peasants, workers, or urban poor
activists whose rights were violated by the martial law government's arrests and crackdowns against
dissent, mass actions by workers and peasants and zoning of urban poor communities. Most of
the victims are now very old and continue to be impoverished. ‘They were certainly overwhelmed
by the legal procedures and requirements of the law as well as the difficulty in the submission of
simple affidavits from witnesses and human rights organizations who could confirm their status
as detainees or human rights violations victims.

Admittedly, RA 10368 should have considered the state of the victims and the difficulty they will
encounter if the law is not liberalized to provide them with the best opportunity to process their
claims without compromising the integrity of the process.

‘Many of those who wete disqualified or denied were disqualified on the basis of technicality such
as failure to promptly present evidence or testimony or submit duly notarized affidavits, failure to
reply or understand notices, rules and regulations, deadlines of submission and other problems
encountered by ordinary people not familiar with legal procedures. Many of them never had a due
process chance to even file an appeal from the decision denying their claim outright.

More and more relatives of Martial Law human rights violations victims have brought up their
case on what they call as “unjust” denial of their claims for reparation. Included among the claims
denied by HRVCB were those from Hawaii class suit plaintiffs. Based on the reports of human
rights organization Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto (SELDA), the
claims for Hawaii case plaintiffs Maurico Anugot, Cesaria Anugot, Marilyn Anugot, Bufecio
Anugot, Welito Anugot, Teofilo Anugot of Balamban Massacre, Raul Deri of Sorsogon, and
Reynaldo Garcia of Manila were denied despite the law’s provision on conclusive presumption.
Also included among those denied was delisted Hawaii claimant Petra Venus Villegas of Quezon.

Adding further insult to injury, there are increasing signs that the Marcoses are slowly being
absolved of their crimes against the people ~- from Ferdinand Marcos’ burial in Libingan ng mga
Bayani, non-arrest of Imelda Marcos despite the Court’s guilty verdict, to the Marcoses? continuing
power and and dominance and their continuing lies, deception and attempt to revise history. With
these, it seemed, justice have and will remain elusive for the tens of thousands of Martial Law
human rights violations victims.


With the HRVCB officially fanctias officio, there is a growing clamor among many martial law human
rights violations victims and relatives and human rights groups for a new law that will continue the
recognition and reparation as mandated by RA 10368.

This bill seeks to continue the processing of claims for recognition and reparation by human rights
violations victims during martial law and the reconstitution of the Board to process their claims.
The amount of ten billion pesos sourced from ill-gotten wealth of the Marcoses that have been
remitted and will be remitted by the PCGG to the Bureau of Treasury.

While no amount of monetary reparation will restore lost lives, properties, broken relations and
dreams of the human rights violations’ victims and their families, the reparation is important for
them, as it forms part of the overall recognition of the reality of human rights violations and their
immeasurable suffering of the people under the Marcos regime.

Ic is thus a matter of justice that the recognition and reparation for martial law human rights
violations victims and their families continue through a new law providing for reparation and

recognition of victims of human rights violations during the Marcos regime.

Passage of this Bill, thus, is earnestly sought.

Approved,
rie a Ait
REP.CARLOS abun T. ZARATE
Bayan Muna Partyist
amat
REP. FERDINAND R. GAITE REP. EUFEMIA C, CULLAMAT
Bayan Muna Partylist Bayan Muna Parblist
REP. FI L. CASTRO REP. ARLENE ff. BROSAS
ACT Teachers Partylist () GABRIELA Women’s Party
V
y
/
REP. SARAH I, ELAGO
Kabataan Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon Ci

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 7678

Introduced by BAYAN MUNA Party-List Representatives
CARLOS ISAGANI T. ZARATE, FERDINAND R. GAITE and EUFEMIA C.
CULLAMAT, ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
GABRIELA Women’s Party Representative ARLENE D. BROSAS,
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

ANEW ACT
PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF
HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME,
DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS
THEREOF AND FOR OTHER PURPOSES

CHAPTER I

PRELIMINARY PROVISIONS

Section 1. Short Title. — This Act shall be known as the
and Recognition Act of 2020".

lew Human Rights Victims Reparation

Section 2. Declaration of Policy. — Section 11 of Article II of the 1987 Constitution of the Republic
of the Philippines declares that the State values the dignity of every human, person and guarantees
full respect for human rights. Pursuant to this declared policy, Section 12 of Article III of the
Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other means
which vitiate the free will and mandates the compensation and rehabilitation of victims of torture
or similar practices and their families.

By virtue of Section 2 of Article IT of the Constitution adopting generally accepted principles of
international law as part of the law of the land, the Philippines adheres to international human
rights laws and conventions, the Universal Declaration of Human Rights, including the
International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture
(CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment which imposes on cach
State party the obligation to enact domestic legislation to give effect to the rights recognized
therein and to ensure that any person whose rights or freedoms have been violated shall have an
effective remedy, even if the violation is committed by persons acting in an official capacity. In
fact, the right to a remedy is itself guaranteed under existing human rights treaties and/or



customary international law, being peremptory in character (jus cvgeni) and as such has been
recognized as non-derogable.

Consistent with the foregoing, itis hereby declared the policy of the State to recognize the heroism
and sacrifices of all Filipinos who were victims of summary execution, torture, enforced or
involuntary disappearance and other gross human rights violations committed during the regime
of former President Ferdinand E, Marcos covering the period from September 21, 1972 to
February 25, 1986 and restore the victims’ honor and dignity. The State hereby acknowledges its
moral and legal obligation to recognize and/or provide reparation to said victims and/or their
families for the deaths, injuries, sufferings, deprivations and damages they suffered under the
‘Marcos regime.

Similarly, itis the obligation of the State to acknowledge the sufferings and damages inflicted upon
persons whose properties or businesses were forcibly taken over, sequestered or used, or those
whose professions were damaged and/or impaired, or those whose freedom of movement was
restricted, and/or such other victims of the violations of the Bill of Rights.

Section 3. Definition of Terms. — The following terms as used in this Act shall mean:

(a) Detention refers to the act of taking a person into custody against his will by persons acting
in an official capacity and/or agents of the State.

(&) Human rights violation refers to any act or omission committed during the period from
September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or
agents of the State, but shall not be limited to the following:

(1) Any search, arrest and/or detention without a valid search warrant or warrant of arrest
issued by a civilian court of law, including any warrantless arrest or detention carried out
pursuant to the declaration of Martial Law by former President Ferdinand E. Marcos as
well as any arrest, detention or deprivation of liberty carried out during the covered period
on the basis of an "Arrest, Search and Seizure Order (ASSO)", a "Presidential Commitment
Order {PCO)" ora "Preventive Detention Action (PDA)" and such other similar executive
issuances as defined by decrees of former President Ferdinand E. Marcos, or in any manner
that the arrest, detention or deprivation, of liberty was effected;

(2) The infliction by a person acting in an official capacity and/or an agent of the State of
physical injury, torture, killing, or violation of other human rights, of any person exercising
civil or political rights, including but not limited to the freedom of speech, assembly or
organization; and/or the right to petition the government for redress of grievances, even
if such violation took place during or in the course of what the authorities at the time
deemed an illegal assembly or demonstration: Provided, That torture in any form or under
any circumstance shall be considered a human tights violation;

) Any enforced or involuntary disappearance caused upon a person who was arrested,
detained or abducted against one’s will or otherwise deprived of one’s liberty, as defined
in Republic Act No. 10350 1, otherwise known as the "Anti-Enforced or Involuntary
Disappearance Act of 2012";

(4) Any force or intimidation causing the involuntary exile of a person from the Philippines;

(8) Any act of force, intimidation or deceit causing unjust or illegal takeover of a business,
confiscation of property, detention of owner/s and or their families, deprivation of

5


livelihood of a person by agents of the State, including those caused by Ferdinand E.
Marcos, his spouse Imelda R. Marcos, their immediate relatives by consanguinity or
affinity, as well as those persons considered as among their close relatives, associates,
cronies and subordinates under Executive Order No. 1, issued on February 28, 1986 by
then President Corazon C. Aquino in the exercise of her legislative powers under the
Freedom Constitution;
(6) Any act or series of acts causing, committing and/or conducting the following:
() Kidnapping or otherwise exploiting children of persons suspected of
committing acts against the Marcos regime;
(i) Committing sexual offenses against human rights victims who ate detained
and/or in the course of conducting military and /or police operations; and
(ii) Other violations and/or abuses similar or analogous to the above,
including those recognized by international law.

(©) Human Rights Violations Victim (HRVV) refers to a person whose human rights were
violated by persons acting in an official capacity and/or agents of the State as defined herein.
In order to qualify for reparation under this Act, the human rights violation must have been
committed during the period from September 21, 1972 to February 25, 1986: Provided,
however, That victims of human rights violations that were committed one (1) month before
September 21, 1972 and one (1) month after February 25, 1986 shall be entitled to reparation,
under this Act if they can establish that the violation was committed:

(1) By agents of the State and/or persons acting in an official capacity as defined hereunder;
2) For the purpose of preserving, maintaining, supporting or promoting the said regime; or
@) 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—The following
persons shall be deemed persons acting in an official capacity and/or agents of the State under
this Act:

(1) Any member of the former Philippine Constabulary (PC), the former Integrated National
Police (INP), the Armed Forces of the Philippines (AFP) and the Civilian Home Defense
Force (CHDF) from September 21, 1972 to February 25, 1986 as well as any civilian agent
attached thereto; and any member of a paramilitary group even if one is not organically
part of the PC, the INP, the AFP or the CHDF so long as it is shown that the group was
organized, funded, supplied with equipment, facilities and/or resources, and/or
indoctrinated, controlled and/or supervised by any person acting in an official capacity
and/or agent of the State as herein defined;

2) Any member of the civil service, including persons who held elective or appointive public
office at any time from September 21, 1972 to February 25, 1986;

(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating the Presidential
Commission on Good Government (PCGG), issued on February 28, 1986 and related
laws by then President Corazon C. Aquino in the exercise of her legislative powers under
the Freedom Constitution, including former President Ferdinand E, Marcos, spouse
Imelda R. Marcos, their immediate relatives by consanguinity or affinity, as well as their
close relatives, associates, cronies and subordinates; and


(4) Any person or group/s of persons acting with the authorization, support or acquiescence
of the State during the Marcos regime.

(© Torture refers to any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on any person under the custody of persons acting in an official capacity
and/or agents of the State, as defined by law, jurisprudence, international conventions and
Republic Act No. 9745, otherwise known as the "Anti-Torture Act of 2009",

Section 4. Entitlement to Monetary Reparation, — Any HRVV qualified under this Act shall receive
reparation from the State, free of tax, as herein prescribed: Provided, That for a deceased or
involuntary disappeared HRVV, the legal heirs as provided for in the Civil Code of the Philippines,
or such other person named by the executor or administrator of the deceased or involuntary
disappeared HRVV’s estate in that order, shall be entitled to receive such reparation: Provided,
further, That no special power of attorney shall be recognized in the actual disbursement of the
award, and only the victim or the aforestated successor(s)-in-interest shall be entitled to personally
receive said reparation form the Board, unless the victim involved is shown to be incapacitated to
the satisfaction of the Board or could not personally do so for reasons of severe illness, threat to
life or secutity: Provided, furthermore, That the reparation received under this Act shall be without
prejudice to the receipt of any other sum by the HRVV from any other person or entity in any
case involving violations of human rights as defined in this Act.

Section 5. Nonmonetary Reparation. — "The Department of Health (DOH), the Department of Social
Welfare and Development (DSWD), the Department of Education (DepED), the Commission on
Higher Education (CHED), the Technical Education and Skills Development Authority
(TESDA), and such other government agencies shall render the necessary services as nonmonetary
reparation for HRVVs and/or their families, as may be determined by the Board pursuant to the
provisions of this Act. The amount necessary for this purpose shall be sourced from the budget
of the agency concerned in the annual General Appropriations Act (GAA).

Section 6. Amount of Reparation. — The amount of reparation under this Act shall be in proportion
to the gravity of the human rights violation committed on the HRVV and in accordance with the
number of points assigned to the individual under Section 19 hereof.

Section 7. Source of Reparation. — The amount of Ten billion pesos (P10,000,000,000.00) plus
accrued interest which form part of the funds transferred to the government of 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 and forfeited in
favor of the Republic of the Philippines for the separation of the HRVV under this Act shall be
sourced from the recovered ill-gotten wealth remitted by the Presidential Commission on Good
Government to the Bureau of Treasury.

CHAPTER IIL


THE HUMAN RIGHTS VIOLATION VICTIMS’ RECOGNITION AND
REPARATION BOARD

Section 8. Creation and Composition of the Human Rights Violation Victims’ Recognition and Reparation
Board, — There is hereby created an independent and quasi-judicial body to be known as the
Human Rights Violation Victims? Recognition and Reparation Board, hereinafter referred to as
the Board. It shall be composed of nine (9) members, who shall possess the following
qualifications:

(@ Must be of known probity, competence and integrity;

(b) Must have a deep and thorough understanding and knowledge of human rights and
involvement in efforts against human rights violations committed during the regime of former
President Ferdinand E. Marcos;

(©) Atleast three (3) of them must be members of the Philippine Bar who have been engaged in
the practice of law for at least ten (10) years; and

(@) Must have a clear and adequate understanding and commitment to human rights protection,
promotion and advocacy.

(© Must not be included among the persons acting in an official capacity and/or agents of the
state as enumerated n Section 3(d); and

() Must not be a member or former member of the government's uniformed and military
personnel including the Philippine National Police and Armed Forces of the Philippines.

The Human Rights Victims’ Claims Board shall be attached to but shall not be under the
Commission on Human Rights (CHR).

‘The Board shall organize itself within thirty (30) days from the completion of appointment of all
nine (9) members and shall thereafter organize its Secretariat.

Section 9. Appointment to the Board. — The President shall appoint the Chairperson and the other
ight (8) members of the Board from among the list of nominees provided by the Commission on
Human Rights and Human Rights Organizations: Provided, That human rights organizations such
as, but not limited to, the Task Force Detainees of the Philippines (TFDP), the Free Legal
Assistance Group (FLAG), the Movement of Attorneys for Brotherhood, Integrity and
Nationalism (MABIND), the Families of Victims of Involuntary Disappearance (FIND), Samaban
ng mga Ex-Detainees Laban sa Detensyon at Aresto (SELDA), and Kapatid shall submit
nominations to the President.

Section 10. Powers and Functions of the Board. — The Board shall have the following powers and
functions:

(@) Receive, evaluate, process and investigate applications for claims under this Act;

(b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;

(© Conduct independent administrative proceedings and resolve disputes over claims;

(@ Approve with finality all eligible claims under this Act;

(© Deputize appropriate government agencies to assist it in order to effectively perform its
functions;


(© Promulgate such rules as may be necessary to catty out the purposes of this Act, including
rules of procedure in the conduct of its proceedings, with the Revised Rules of Court of the
Philippines having suppletory application;

(@ Exercise administrative control and supervision over its Secretariat;

(h) The Board, at its discretion, may consult the human rights organizations mentioned in Section
9 herein to vouch or support a claim; and

@ Perform such other duties, functions and responsibilities as may be necessary to effectively
attain the objectives of this Act.

Provided that, the Board shall exercise liberality and utmost consideration in evaluation and approval
of claims in favor of the human rights violations’ victims, without prejudice to its power and
jurisdiction to fully evaluate and deny false claims.

Section 11. Resolution of Claims, —The Board shall be composed of three (3) divisions which shall
fanction simultaneously and independently of each other in the resolution of claims for reparation.
Each division shall be composed of one (1) Chairperson, who shall be a member of the Philippine
Bar and two (2) members to be appointed by the Board en bane.

Section 12. Emoluments. —The Chairperson and members of the Board shall have the rank, salary,
emoluments and allowances equivalent to s Presiding Justice and Associate Justice of the Court of
Appeals, respectively.

Section 13. Secretariat of the Board. — The Board shall be assisted by a Secretariat which may come
from the existing personnel of the CHR, without prejudice to the hiring of additional personnel
as determined by the Board to accommodate the volume of required work. The following shall be
the functions of the Scerctariat:

(@ Receive, evaluate, process and investigate applications for claims under this Act;
(b) Recommend to the Board the approval of applications for claims;

(©) Assist the Board in technical functions; and

(@) Perform other duties that may be assigned by the Board.

‘The Chairperson of the Board shall appoint a Board Secretary who shall head the Secretariat for
the duration of the existence of the Board. There shall be 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
provider to provide services of counselors, psychologists, social workers and public education
specialists, among others, to augment the services of the Secretariat: Provided, That the maximum,
contract amount per year shall not exceed more than fifteen percent (15%) of the total annual
operating budget of the Board.

Section 14. Operating Budget of the Board. — The operating budget of the Board shall be included in
the budget of the Commission on Human Rights in the annual General Appropriations Act:
Provided, That it shall not exceed Seventy million pesos (P70,000,000.00) a year.


Section 15. Proper Disposition of Funds. — The Board shall ensure that funds appropriated or those
which may become available as reparation for HRVVs are properly disbursed in accordance with
the policies stated by Congress and relevant government rules, regulations and accounting
procedures

CHAPTER III
CLAIMANTS, REPARATION AND RECOGNITION

Section 16. Claimants, — Any person who is an HRVV may file a claim with the Board for
reparation and/or recognition in accordance with the provisions of this Act.

Section 17. Conclusive Presumption for Hawaii Plaintiffs and Bantayog ng mga Bayani HRVV — The
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 wherein a favorable judgment has been rendered, shall be extended the
conclusive presumption that they are HRVVs: Provided, That the HRVVs recognized by the
Bantayog Ng Mga Bayani Foundation shall also be accorded the same conclusive presumption:
Provided, further, that such conclusive presumption shall mean that the claims of such HRVVs shall
not be denied: Provided, further, That nothing herein shall be construed to deprive the Board of its
original jurisdiction and its inherent power to determine the extent of the human rights violations
and the corresponding reparation and/or recognition that may be granted.

Section 18. Moi Proprio Recognition. — The Board may take judicial notice motu proprio of
individual persons who suffered human rights violations as defined herein and grant such persons
recognition as HRVVs and included in the Roll of Victims as provided for in Section 26 hereof.

Section 19. Determination of Award. —

(@) The Board shall follow the point system in the determination of the award. The range shall be
one (1) to ten (10) points, as follows:

(1) Vietims who died or who disappeared and are still missing shall be given ten (10)
points;

2) Victims who were tortured and/or raped or sexually abused shall he given six (6) to
nine (9) points:

3) Victims who were detained shall be given three (3) to five (5) points; and

(4) Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6)
under this Act shall be given one (1) to two (2) points.

‘The Board shall exercise its powers with due discretion in the determination of points for each
victim, which shall be based on the type of violation committed against the HRVV, frequently and
duration of the violation. In each category, HRVVs who had suffered more would receive more
points. In instances where a victim is classified in more than one category, one shall be awarded
the points in the higher category: Provided, ‘That in cases where there are several eligible claims
filed for reparation by or on behalf of a particular HRVV, the Board shall award only one (1) valid
claim which corresponds to the category obtaining the highest number of points for each eligible
claimant.

(b) The Board shall proceed to determine the award for each claimant classified under Sections
16, 17 and 18 of this Act.

10


(©) The Board shall then compute the final monetary value of one’s award that is equivalent to the
numerical value of one point multiplied by the number of points that a claimant is entitled to,
as previously determined by the Board.

(@ Within thirty (30) days after the Board has approved with finality each eligible claim pending
before it and after due publication of such legitimate claim, the award of monetary
compensation shall take effect: Provided., That any pending appeal filed by an aggrieved
claimant or opposite before the Board en bane must resolved by it within one hundred twenty
(120) days from the filing of the appeal.

CHAPTER IV
GENERAL PROVISIONS

Section 20. Transfer of Funds. — Pursuant to the judgment mentioned in Section 7 hereof, the
amount of Ten billion pesos (P10,000,000,000.00) plus the accrued interest are hereby set aside
and appropriated to fund the reparation under this Act.

Section 21. Documentation of Human Rights Violations Committed by the Marcos Regine, — In the
implementation of this Act and without prejudice to any other documentary or other evidence that
may be required for the award of any reparation, any HRVV seeking reparation shall execute 2
detailed sworn statement narrating the circumstances of the pertinent human rights violation/s
committed.

Section 22. Publication. — Consistent with Section 23 herein, the Board, after having been duly
convened, shall set the period for the commencement and termination of applications by HRVVs
and cause the publication of the same: Provided, That such period shall only become operative
fifteen (15) days after its last publication, which shall be once a week for three (3) consecutive
weeks in at least two (2) national newspapers of general circulation.

Section 23. Period for Filing of Claims; Waiver. — An HRVV shall file an application for reparation
with the Board within six (6) months from the effectivity of the implementing rules and regulations
(IRR) of this Act: Provided, That failure to file an application within said period is deemed a waiver
of the right to file the same: Provided, further, That for HRVVs who are deceased, incapacitated, or
missing due to enforced disappearance, their legal heir/s or representatives, shall be entitled to file
an application for reparation on their behalf: Provided, further, that previous claimants whose
applications have been denied shall be allowed to refile claims with the Board within the
aforementioned six-month period.

Provided, further, that claims which have been granted and fulfilled, and those found to be fraudulent,
are not qualified for refiling with the Board.

Any opposition to the new and refiled application/s pursuant to Section 16 hereof shall only be
entertained if such is filed within fifteen (15) days from the date of the last publication of the
official list of cligible claimants as may be determined by the Board. The Board shall cause the
publication of the official list of eligible claimants once a week for three (3) consecutive weeks in
at least two (2) national newspapers of general circulation

Section 24 Appeal. — Any aggrieved claimant or oppositor may file an appeal within ten (10)
calendar days from the receipt of the Resolution of the Division, to the Board en banc, whose
decision shall then become final and executory.

See


Section 25. Penalties; Applicability of the Revised Penal Code. — Any claimant who is found by the
Board, after due hearing, to have filed a fraudulent claim, shall be referred to the appropriate office
for prosecution. If convicted, he shall suffer the imprisonment of eight (8) to ten (10) years, shall
be disqualified from public office and employment and shall be deprived of the right to vote and
be voted for in any national or local election, even after the service of sentence unless granted
absolute pardon. Such claimant shall not be eligible to refile a claim for reparation as prescribed
in Section 23 of this Act.

‘Any member of the Board and its Secretariat, public officer, employee of an agency or any private
individual mandated to implement this Act, who shall misuse, embezzle or misappropriate the
funds for the reparation of HRVVs or who shall commit fraud in the processing of documents
and claims of HRVVs, or shall conspire with any individual to commit the same, shall also be
prosecuted,

Any member of the Board and its Secretariat, public officer, employee of an agency or any private
individual mandated to implement this Act, who may have been found guilty of committing any
or all of the prohibited acts stated in the preceding paragraph, or those acts punishable under the
Revised Penal Code, shall be penalized under the pertinent provisions in the Code and relevant
special penal laws.

Section 26. Roll of Victims. — Persons who are HRVVs, regardless of whether they opt to seck
reparation or not, shall be given recognition by enshrining their names in a Roll of Human Rights
Victims to be prepared by the Board.

‘A Memorial/Muscum/Library shall be established in honor and in memory of the victims of
human tights violations whose names shall be inscribed in the Roll. A compendium of their
sacrifices shall be prepared and may be readily viewed and accessed in the internet. The
Memorial/Muscum/Library/Compendium shall have an appropriation of at least Five hundred
million pesos (P500,000,000.00) from the accrued interest of the Ten Billion Pesos
(P10,000,000,000.00) fund.

‘The Roll may also be displayed in government agencies as maybe designated by the HRVV
‘Memorial Commission as created hereunder.

Section 27. Human, Rights Violations Victims’ Memorial Commission. — There is hereby created a
Commission to be known as the Human Rights Violations Victims’ Memorial Commission,
hereinafter referred to as the Commission, primarily for the establishment, restoration,
preservation and conservation of the Memorial /Museum/Library/Compendium in honor of the
HRVVs during the Marcos regime.

‘The powers and functions of the Commission shall be assumed by the Board of Trustees which
shall be composed of the following; Chairperson of the CHR as Chairperson; Chairperson of the
National Historical Commission as Co-Chairperson; and Chairpersons of the CHED, the National
Commission on Culture and the Arts (NCCA), the Secretary of the Department of Education and
the Head of the University of the Philippines Diliman Main Library, as members.

‘The Board of Trustees shall have the authority to hire and appoint its officials and employees,
receive donations and grants for and on its behalf, and generate revenues for the benefit of the
Commission.

‘The Commission shall be attached to the CHR solely for budgetary and administrative purpos
‘The operating budget of the Commission shall be appropriated from the General Appropriations
Act.

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‘The Commission shall also coordinate and collaborate with the DepED and the CHED to ensure
that the teaching of Martial Law atrocities, the lives and sacrifices of HRVVs in our history are
included in the basic, secondary and tertiary education curricula.

CHAPTER V
FINAL PROVISIONS

Section 28. Guidelines for the Implementing Rates and Regulations (IRR). — In implementing this Act
and in formulating the corresponding rules and regulations, and to ensure that all applications are
properly screened for fraudulent claims, the Board must provide for:

(@) Transparency in the processing of the claims;

(b) A procedure that allows any concerned party to oppose an application or claim on the
ground that it is fraudulent, fictitious or spurious and gives that party the opportunity to
question the same and to present evidence in support thereof, and

(© A procedure that is speedy and expeditious without sacrificing any of the parties’
fundamental rights.

Within fifteen (15) days from the date of its organization, the Board shall promulgate the necessary
IRR and procedures for the effective implementation of this Act. The IRR shall be effective fifteen
(15) days after its publication in two (2) national newspapers of general circulation.

Section 29. Work Period; Sunset Clause. —'The Board shall complete its work within four (4) years
from the effectivity of the IRR promulgated by it. After such period, it shall become fanctus
officio.

Provided that, all documents collected by the Board shall be turned over to the Human Rights
Violations Victims’ Memorial Commission created under Section 27.

Provided further, that the Commission on Human Rights shall take over all the remaining functions
of the Board until such time that all qualified claims for reparation has been fully satisfied.

Section 30. Repealing Clase. — All laws inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 31. Separability Clause. — If any of the sections or provisions of this Act is held invalid, all
the other provisions not affected thereby shall remain valid and subsisting.

Section 32, Effectivity Clause. ~‘This Act shall take effect fifteen (15) days from the date of its

publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.

Approved,

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