HOUSE, OF

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

RECEIVED

SEVENTEENTH CON
First Regular Session

1334

House Bill No-

REGISTRATION UNIT
BILLS AND INDEX SERVICE
———

eSENTATIVES

Introduced by HONORABLE SCOTT DAVIES 8. LANETE, M.D.

EXPLANATORY NOTE

Sarah Panunggulon, eight (8) years old; Barudin Langalan, twenty-two (22) years old;
Muhammad Amblang, thirty (30) years old and and two (2) other unnamed civilians
were killed in the exchange of fire between the SAF and the rebels earlies this year in
Mamasapano. Aside from them, an undertermined number of non-combatants were
wounded and displaced as a result of the Mamasapano incident

These civilians and non-combatants have not been given the same media attention but
they too have suffered damages as a result of the armed conflict the country has been
agonizing from for years. These five (5) individuals are among the thousands of
Filipinos who are adversely affected by the grotesque consequences of armed conflict
More often than not, they are left without any immediate remedy. Most are led to flee
their homes and rely on themselves despite the atrocities that are happening around
them. Reliance cannot be made upon non-governmental humanitarian organizations as
these can only offer minimum aid and cannot fully restore the victim to one’s status
before such violations have occurred

To date, victims of ordinary crimes such as theft, deceit, or physical injuries can
obtain reprieve through regular domestic channels, None other than the 1987
Constitution affords each and every person the freedom of access to the courts in order
to air grievances and seek redress from the same. Whereas thosé who fall victim to
domestic crimes are afforded this comfort, the same cannot be said for victims of war
crimes or crimes against humanity who have been left mostly uncompensated

‘The Right to Reparation is one enshrined in customary international law. It traces its
roots from the various decisions of international tribunals as well as international
human rights and humanitarian law documents, upholding the docirine that whenever
there is a breach of an intemnational obligation, reparation must follow

Whereas the Philippines already has a law on reparations, such law focuses on the fact
of reparations after an offender has been apprehended and found guilty. Due to the
impunity that naturally follows crimes committed during armed conflicts, the duty to


apprehend, much more so prosecute an offender has become extremely difficult,
leaving the concept of reparative justice illusory

An effective reparations law must concern itself with prompt reparation while an
offender has yet to be apprehended. Such kind of reparation concems itself with the
granting of immediate relief to those who are adversely affected by an armed conflict.

This doctrine is coneretely seen in United Nations General Assembly Resolution
60/147: Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law. Here, States are mandated to create a
system of reparations which specifically addresses the immediate needs of those who
are affected by armed conflict

However, despite being a member of the United Nations, the Philippines has yet to
create such a system. Because of its failure of its duty to protect the citizenry by
effectively preventing the commission of these crimes, many victims are left without
any remedy.

Based on the foregoing, this Bill seeks to create a law advancing the Right to
Reparation by establishing a Reparations Program which will grant immediate
reparation to civilians and non-combatants killed or injured during armed conflicts.

In consideration of all the foregoing, the immediate passage of this Bill is earnestly

sought

Ss
SCOTT DAVIES S. LANETE, M.D.
(epresentative
Third District, Province of Masbate



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

», 1834

Ne

House

Introduced by HONORABLE SCOTT DAVIES S. LANETE, M.D.

AN ACT MANDATING THE REPARATIONS FOR VICTIMS OF ARMED
CONFLICT, CREATION OF A REPARATION PROGRAM, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

SECTION 1, Short Title. ~ This act shall be known as the “Reparations for Victims of
Armed Conflict Act of 2016”

SEC. 2. Declaration of Principles and State Policy.

a. Article II, Section 11 of the Constitution of the Republic of the Philippines declares that the
State values the dignity of every person and guarantees full respect for human rights.
Pursuant to this declared policy, Section 12 of Article III of the Constitution prohibits the use
, violence, threat, intimidation, or any other mean which vitiate the free will
s the compensation and rehabilitation of victims of torture or similar practices,
milies;

and their

b. Section 18(6) of Article XIII of the Constitution also directs the Commission on Human
Rights (CHR) to recommend to the Congress effective measures to promote human rights and
to provide for compensation to victims of human rights violations, or their families:

c. By virtue of Section 2 of Article I of the Constitution adopting generally accepted
principles of international law as part of the law of the land, the Philippines must also adhere
{o international human rights laws and conventions, including the International Covenant on
Civil and Political Rights (ICCPR) which imposes on each State Party the obligation to take
the necessary steps to adopt such laws to give effect to the rights recognized therein and to
ensure that any person whose rights or freedoms have been violated shali have an effective
remedy even if the violation is committed by persons acting in an official capacity

d. Moreover, in light of the United Nations Commission resolution adopting the Basic
Principles and Guidelines on the Right to a Remedy and Reparation and the same body's
resolution adopting the Updated Principles for the Protection and Promotion of Human
Rights through Action o Combat Impunity, the plights of victims of violations of
human rights and humanitarian law must be given due attention through adequate, effective
and prompt reparation;



4d, The most serious crimes of concern to the international community as a whole must not go
unpunished and their effective prosecution must be ensured by taking measures at the
national level, in order to put an end to impunity for the perpetrators of these crimes and thus
contribute to the prevention of such crimes, it being the duty of every State 1 exercise its
criminal jurisdiction over those responsible for international crimes,

©. The State shall guarantee persons suspected or accused of having committed grave erimes
under international law all rights necessary to ensure that their trial will be (air and prompt in
strict accordance with national and international law and standards for fair wal, It shall also
protect victims, witnesses and their families, and provide appropriate redress «0 vietims and
their families, It shall ensure that the legal systems in place provide accessible and gender-
sensitive avenues of redress for victims of armed conflict;

£ ‘The State recognizes that the application of the provisions of this Act shall not affect the
legal status of the parties to @ conflict, nor give an implied recognition of the status of
belligerency

g. Consistent with the foregoing, it is hereby the declared policy of the State to recognize the
inestimable suffering and loss of all those who are vietims of armed contiict, gross human
rights and humanitarian law violations. The State hereby acknowledges its moral and legal

obligation under customary international law to recognize and/or compensate said victims
and/or their families for these violations.

SEC. 3. Definition of Terms. ~ The Following terms shall be understood under this Act as
follows

a. “Vietim of the Armed Conflict” ~ for the purposes of this Aci, a victim of the armed
conflict is one who, afler positive determination of the Commission, is @ victivn of any of the
acts punished embodied in and within the context of this act, or one whose huynan rights as
embodied in the International Covenant of Civil and Political Righis and its additional
Protocols have been violated within the context and in furtherance of an arnied conflict by
persons acting in an official capacity as agents of the State or by insuryent groups, or such
other persons whose tolerance, inaction, or indispensable cooperation allowed, enabled, or
facilitated the commission of said acts. Provided, that the violations contemplated are within
the purview of this Act

b. “Armed Conflict” — any resort to armed force between States or protracted armed
violence between authorities and organized armed groups, or between such groups within a
State

c. “Persons Acting in an Official Capacity/Agents of the State” — the (otiowing shall be
deemed persons acting in an official capacity and/or agents of the State

a, Any member of the Philippine National Police (PNP) and the Armed Forces of
the Philippines (AFP) as well as any civilian agent/s allacled thereto; and any
member of a paramilitary group even if he is not organically pari of the PNP or
AFP so long as it is shown that the group was organized. funded, supplied with
equipment, facilities, and/or resources, and/or indoctringied. controlled and/or
supervised by any person acting in an official capacity/agent of the State as herein
defined,



b. Any member of the civil servi
appointive public offices

., including persons who hold elective or

d. “Organized Armed Group/Insurgent Group” ~ the following shall be deemed persons
who are members of an organized armed group or insurgent group

dl. Any member of a terrorist or outfitted organization that constitutes a non-
State party to the conflict consisting of individuals whose continuous function is
to take a direct part in hostilities for whatever religious or political purposes,

42. Any individual or group of individuals organized, funded, supplied with
equipment, facilities, and/or resources, and/or indoctrinated, contiolled and/or
supervised by any terrorist or outfitted organization

e. “Civilian Property”- anything which is not a military objective, 1c ‘Which by its nature,
location, purpose or use does not effectively contribute to military action and whose total or
partial destruction, capture or neutralization would not offer a definite military advantage in
the circumstances ruling at the time.

f “Reparation” - the obligation to grant relief for any breach of an engagement. The aim of
reparation is to eliminate, as far as possible, the consequences of the illegal act and to restore
the situation that would have existed if the act had not been committed. Reparations may be
made through any or a combination of the following modes:

i. “Restitution” - a mode of reparation which refers to measures which “restore
the victim to the original situation before the gross violations of intemational
human rights law and serious violations of international humanitarian law
occurred

ii, “Satisfaction” - a mode of reparation that includes a broad range of measures,
from those aiming at cessation of violations to truth seeking. the search for the
disappeared, the recovery and the reburial of remains, public apologies, judicial
and administrative sanctions, commemoration, human rights training

iii, “Compensation” - refers to any monetary or financial consideration
equivalent to an economically assessable damage under this Act resulting from
the violation of the victims human rights or damage inflicted within the context of
an armed conflict

iv. “Guarantees of Non-repetition” - a mode of reparation which comprise
broad structural measures of a policy nature such as institutional reforms aiming
at civilian control over military and security forces, strengthening judicial
independence, the protection of human rights defenders, the promotion of human
rights standards in public service, law enforcement, the media, industry, and
psychological and social services.

y. “Rehabilitation” — a mode of reparation which includes medical and
psychological care as well as legal and social services.

2, “Protected Persons” — refer to civilians and other persons not taking part in the hostilities


and as such, attacks or threats of violence against them or their property are prohibited under
international humanitarian law.

h, “The Commission” refers to the Commission for the Reparation of Armed Conflict and
Human Rights Victims.

SEC. 4. Reparations, ~ Any victim of the armed conflict shall receive reparations from the
State, free of tax, as herein prescribed: Provided, that for victims who are deceased, or when
the violation is premised on forced disappearance or the claim is made on behalf of such
disappeared person, his 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 victim's estate, in
that order, shall be entitled to receive such reparations: Provided fiursher, ‘That no special
power of attorney shall be recognized in the actual disbursement of the award, and only the
Victim or the aforementioned successor(s)-in-interest shall be entitled to personally receive
said reparations from the Commission, unless the victim involved is shown to be
incapacitated 10 the satisfaction of the Commission: Provided furthermore, that any
reparation received under this Act shall be without prejudice to the receipt of any other sum
by the victim from any person or entity, other than the Republic, in any situation involving
any human rights violation under this Act.

SEC. 5. Reparations Amount, ~ Should the Commission elect compensation. such shall be in
proportion to the loss or damage sustained, excluding all other fees. Provides that the fair
market value at the time of such loss or damage will determine the amount of compensation
in the case of real property, Should the Commission elect any other form of reparation, or any
combination thereof, such determination shall be left to the sound discretion of the
Commission, taking into consideration the damage sustained, the circumstances surrounding
such violation(s), and the amount needed to restore the victim to his situation before such
violation occurred. Such amount shall initially be deductible from the Reparations Trust Fund
as created under this Act while an offender is still at large and until a valid judgment is
obtained from the person truly responsible for the violations, Provided That in the case an
offender has already been adjudged guilty of the crimes charged, the latter will reimburse the
State for any amount given to the Victim, Provided further That if the amount adjudged by
the Court be in excess of the amount provisionally given by the State to the victim, any
and/or all of such excess shall be given to the victim. Provided further ‘That if an offender
Jacks suflicient funds or means by which to grant reparation, such amount will be deducted
from the Trust Fund. All manner of human rights violations receives the full condemnation of
the State, regardless of the amount or degree of loss, damage, or suffering that such acts
cause o result in, Provided finally That if an accused be later on acquitted of the charges
against hinv/her because he/she did not perform the act committed, the provisional reparations
given to the victim shall not be reacquired by the State.

SEC. 6. Commission for the Reparation of Armed Conflict Victims, lis Creation and
‘Composition and Secretariat. A Commission for the Reparation of Armed Conflict and
Human Rights Victims, hereinafler referred to as the Commission, is hereby established. It
shall be composed of eight (8) members, The Chairman of the Commission on Human Rights
shall be the ex-officio Chairman of the Commission. The other seven (7) members shall be
from different administrative agencies and non-governmental organizations and must have a
deep understanding of human rights promotion and protection. The composition of such
members shall be as follows

1. Chairperson of the Philippine Red Cross (PRC)


2. Undersecretary of the Department of Justice (DOJ)

3. Undersecretary of the Department of Health (DOH)

4. Undersecretary of the Department of Education (DepEd)

5. Undersecretary of the Presidential Human Rights Committee (PHRC)

6. Undersecretary of the Office of the Presidential Advisor on the Peace Process
(OPAPP)

7. A member of the Philippine Bar who is of known probity. competence, and
integrity

Such Commission will be under the direct control and supervision of the Commission on
Human Rights. Provided that no person shall be a member of the Commission if he/or she is
a victim entitled to compensation as defined under this act.

There shall also be created a Secretarial, whose task is to perform the primary function of
identifying and monitoring the legitimate victims who shall be eligible for separations under
this Act, and such other functions as may be defined by the Commission

SEC. 7. Proper Disposition of Funds. The Commission shall ensure that the funds
appropriated or which may become available for reparations are properly disbursed in
accordance with the policies stated by Congress and relevant government accounting
mechanisms. Provided that the Department of Health, Department of Social Welfare and
Development, Department of Education, the Commission on Higher Education, Technical
Education and Skills Development Authority, and such other allied government agencies
shall coordinate their efforts to provide for reparations other than compensation as may be
determined by the Commission pursuant to the provisions of this Aci. The Coumission shall
also ensure the timely, accurate, and full reporting to the Commission on Audit of the
availability, utilization, and other transactions concerning the funds at its disposal, custody, or
care, The Commission shall, likewise, see to it that such reports, including. but not limited to,
any and all claims made before it, whether pending, settled, or unseitied, are made public in
its official website.

SEC, 8. Powers and Functions. ~ The Commission shail have the following powers and
functions:

a. Receive all claims under this act together with the pertinent documents to such
claims;

b. Investigate, process, and determine the validity of all claims filed within thirty
days after submission thereof, c. Deputize appropriate government agencies to
st it in order to effectively perform its functions and responsibilities:

d. Promulgate implementing rules and procedures in the conduct of its
proceedings, having suppletory application of the Revised Rules of Court of the
Philippines;

e. Exercise administrative control and supervision of the Secretariat through an
Executive Director:

£ Disburse any and all reparations to victims at the earliest possibie time from the
Reparations Trust Fund, Provided that in all cases, such disbursement must be
made within thirty (30) days after the Commission has rendered its decision



SEC. 9. Roll of Victims. — All valid claimants will be registered in the Philippine Roll of
Victims. Such roll shall be closely monitored and updated religiously by the Commission,
Said roll will also be submitted to the United Nations Human Rights Committee for
appropriate registration and reporting,

SEC. 10. Operational Budget. ~ The operational budget of Five Million Pesos
(PHPS5,000,000) necessary for the initial operations of the Commission shall be taken from.
the President’s Social Fund, and shall be separate and distinct trom whatever fund is
established for the purpose of providing reparations to the qualified victims under this Act

SEC. 11. Source of Reparations. Creation of the Reparations Trust Fund — An amount of
no less than One Hundred Million Pesos (PHP 100,000,000) shall be allocated under this act
which shall be known as the Reparations Trust Fund, Such fund will be under the custody of
the Commission and shall form part of the General Appropriations Act of every year. This
fund shall be primarily used to grant reparations to qualified victims while an offender is at
large and until the final disposition of a reparations claims case. Provided! that when an
accused is found guilty under judicial mechanisms, he shall reimburse the State for the
amount given to the victim.

SEC. 12. Interpretation and Construction. ~ A lower standard of evidence shall be required
in order to prove reparations claims. Any doubt in the resolution, settlement, or award of
claims made under this Act shall be resolved in favor of recognizing and acknowledging
Violations and to the benefit of such claimant. The Commission shall expeditiously facilitate
the claims and awards made based on this Act, without regard to technical rules of procedure
and evidence

SEC. 13. Implementing Rules and Regulations. ~ Within thirty (30) days from the date of its,
organization, the Commission shall promulgate the necessary Implementing Rules and
Regulations (IRR) and procedure for the effective implementation of this Act. ‘The IRR shall
be effective fifteen (15) days after its publication in two (2) newspapers of general
circulation.

SEC. 14. Salaries. ~ The Chair and Members of the Commission shall receive salaries and
allowances equivalent to those of the Presiding Justices and Associate Justices of the Court of
Appeals, respectively

SEC. 18. Publication. - The Commission, after having been duly convened, shall set the
pericd for the commencement of the applications by victims and cause the publication of the
same; Provided, That such period shall only become operative fifteen (15) days aller its last
publication, which shall be once a week for three (3) consecutive weeks in at least two (2)
national newspapers of general circulation,

16, Resolution of Claims. ~ The Commission shall be composed of wo (2) Divisions,
which shall funetion simultaneously and independently of each other in the resolution of
claims for reparations. Each Division shall be composed of one (1) Chairman and three (3)
Members to be appointed by the Chairman of the Commission. A positive majority vote of all
the members of a Division is required to grant reparations 10 a Human Rights Violations
Vietim or a Victim of the Armed Conflict. Provided that in the event of a tc, the decision
shall be in favor of reparation,

SEC. 17. Appeal. — Any aggrieved claimant may file an appeal within fifteen (15) days from


the receipt of the Resolution of the Division, to the Commission en banc, whose decision
shall then become final and executory. Such decision shall not prejudice any subsequent
claim under judicial measures.

SEC. 18. Penalties. ~ Any claimant who is found by the Commission, after due hearing, to
have filed a false claim, shall be referred to the appropriate office for prosecution. If
convicted, he shall suffer imprisonment of eight (8) to ten (10) years, be deprived of the right
to vote and to be elected to any public office and in applicable cases, be dismissed from
‘government service and perpetually disqualified from appointment to a public office.

Any member of the Commission and its secretariat, public officer or employees of an agency
mandated to implement this Act, or any private individual who shall misuse, embezzle ot
misappropriate the funds for the reparations of victims under this Act, or who shall commit
fraud in the processing of documents and claims of victims, or shall conspire with any
individual 1 commit the same, shall suffer imprisonment of ten (10) 0 filleen (15) years in
addition to the other penalties provided for in the Revised Penal Code and relevant special
penal laws.

SEC. 19. Joint Congressional Oversight Committee. ~ An Oversight Committee is hereby
created composed of three (3) members each from the Senate and the House of
Representatives to monitor and evaluate the implementation of this Act

SEC. 20. Non-impoundment Clause. ~ The reparations and the amount herein referred to in
this Act shall not be subject to impoundment.

21, Separability Clause, — Vf any section or provision of this Act is declared
unconstitutional or invalid, such other sections or provisions not affected thereby shall remain
in full force and effect.

SEC. 22. Effectivity Clause. — This act shall take effect fifieen (15) days after its publication
in at least two (2) national newspapers of general circulation

Approved,