Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Second Regular Session

COMMITTEE REPORT NO.

Submit bate Soule on

RE: House

ill No. 5390

Recommending its approval in substitution of House Bill Nos.54, 97, 302, 954 & 1693

Sponsors: Representatives Tafiada II, Lagman, Relampagos, Abaya, Bello, Bag-a0, Casifio,
Colmenares, Mariano, llagan, Tinio, De Jesus, Palatino

Mr. Speaker:

‘The Committees on Human Rights and Appropriations, to which were referred the following
measures, to wit!

House Bill No. 54 introduced by Representatives Lorenzo R. Tafiada III, entitled.

“AN ACT PROVIDING COMPENSATION TO VICTIMS OF HUMAN
RIGHTS VIOLATIONS DURING THE MARCOS REGIME,
DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES”

House Bill No. 97 introduced by Representative Edcel C. Lagman, entitled:

“AN ACT PROVIDING COMPENSATION TO VICTIMS OF HUMAN
RIGHTS VIOLATIONS DURING THE MARCOS REGIME,
DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES”

House Bill No. 302 introduced by Representatives Walden F. Bello and Kaka J.
Bag-ao, entitled:


“AN ACT PROVIDING COMPENSATION TO VICTIMS OF HUMAN
RIGHTS VIOLA‘ DURING THE MARCOS REGIME.
DOCUMENTATION OF SAUD VIOLATIONS, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES”

House Bill No. 954 introduced by Representatives Teodoro A. Casifio, Neri
Javier Colmenares, Rafael V. Mariano, Luzviminda C. Magan, Antonio L. ‘Tinio,
ino, entitled:

“AN ACT MANDATING COMPENSATION TO THE 9,539 CLASS SU
PLAINTIFFS AND THE 24 DIRECT ACTION PLAINTIFFS WHO FIL}
AND WON THE LANDMARK HUMAN RIGHTS CASE AGAINST TH
2 OF FERDINAND MARCOS IN THE US FEDERAL COUR’
1 IN HONOLULU, HAWAIL AND APPROPRIATING FUNDS
EFOR™

House Bill No. 1693 introduced by Representatives
Colmenares, Rafael V. Mariano, Luzy
A. De Jesus and Antonio L. Tinto, entitled

eodoro A. Casifio, Neri Javier
2 C, Hagan, Raymond V, Palatino, Emerenciana

“AN ACT MANDATING COMP SION TO Vii
VIOLATIONS DURING THE MARCO!
AND APPROPRIATING FUNDS TH.

MS OF HUMAN RIGHTS

have considered the same and recommend the approval of the attached House Bill No. _
entitled:

“AN ACT PROVIDING COMPENSATION TO VICTIMS OF HUMAN
RIGHTS VIOLATIONS DURING THE MARCOS — REGIME,

UMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOS!

in substitution of House Bill Nos. 54, 97, 302, 954 and 1693, with Representatives ‘Tahada IN},
man, Relampagos, Bello, Bai 0. Colmenares, Mariano, Hagan. ‘Tinio, De Jesus.
Palatino as authors thereof

Respectfully submitted,

(

RENE
Chairpelson
Commitlee on Human Rights

LAMPAGOS



FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES }
Second Regular Session

HOUSE OF REPRESENTATIVES
HOUSE BILLNO. __ 5550

Introduced by Representatives Lorenzo R. Tafiada Ill, Fdcel C. Lagman,
Rene L. Relampagos, Joseph Emilio A. Abaya, Walden F. Bello, Kaka J.
Bag-ao, Teddy A. Casifio, Neri J. Colmenares, Rafael V. Mariano,
Luzviminda C. Hagan, Antonio L. Tinio, Emerenciana ‘Emmi’ A. de Jesus,
Raymond V. Palatino

AN ACT
PROVIDING COMPENSATION TO VICTIMS OF HUMAN RIGHTS
VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF
SAID VIOLATIONS, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

1 CHAPTER I
2 Preliminary Provisions
3 SECTION. 1. Short Title. This Act shall also be known as the

4 “Compensation Act to Victims of Human Rights Violations.”
5 SEC. 2. Declaration of Policy. Section 11 of Article II of the 1987
6 Constitution of the Republic of the Philippines declares that the State values
7 the dignity of every human person and guarantees full respect for human
8 rights. Pursuant to this declared policy, Section 12 of Article Ill of the
9 Constitution prohibits the use of torture, force, violence, threat,
10 intimidation, or any other means which vitiate the free will and mandates

1 the compensation and rehabilitation of victims of torture or similar practices

il


and their families. Likewise, Section 18(6) of Article XiIl of the 1987
Constitution directs the Commission on Human Rights (CHR) to recommend
to Congress effective measures to promote human rights and to provide for
compensation to victims of human rights violations, or their families.

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 to international human rights laws
and conventions, including the International Covenant on Civil and Political
Rights (ICCPR) and the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT). In particular, the
ICCPR imposes on each State party the obligation to take the necessary
steps to adopt such laws or other measures 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, notwithstanding that the
violation has been committed by persons acting in an official capacity.
Moreover, the CAT declares that each State party shall take effective
measures to prevent acts of torture or other cruel, inhuman or degrading
treatment or punishment in any territory under its jurisdiction, and ensure
that the victim of an act of torture obtains redress and has an enforceable
right to fair and adequate compensation, including the means for as full
rehabilitation as possible.

Consistent with the foregoing, it is 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


9

the regime of former President Ferdinand Marcos covering the period
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 compensate said victims and/or their families for the
deaths, injuries, sufferings, deprivations, and damages they suffered under
the Marcos regime.

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

a. Compensable 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, ari

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 {0 the

declaration of Martial Law by former President Ferdinand 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)” or a

“Preventive Detention Action (PDA)” as defined by decrees of former

President Ferdinand Marcos or in any manner that the arrest,
detention or deprivation of liberty was effected;

2. Any commission by a person acting in an official capacity and/or
an agent of the State of physical injury, torture, killing, harassment,
deprivation of liberty or other similar acts on any person, including


1 violations against the freedom of speech, assembly or organization;

2 and/or the right to petition the government for redress of grievances

3 even if such exercise was alleged to constitute or form part of

4 rebellion, sedition or subversion as then defined by law; and even if

5 such violation took place during or in the course of what the

6 authorities at the time deemed an illegal assembly or demonstration:

7 Provided, That torture in any form or under any circumstances shall

8 be considered a human rights violation;

9 3. Any enforced or involuntary disappearance caused upon a person
10 who was arrested, detained or abducted against one’s will or otherwise
mM deprived of one’s liberty;

2 4. Any force or intimidation causing the involuntary exile of a person

13 from the Philippines;

4 5. Any act or series of acts causing, committing and/or conducting
15 the following:

16 a) Kidnapping or otherwise exploiting children of persons suspected of
7 committing acts against the Marcos regime;

18 b) Committing sexual offenses against human rights victims who are
9 = detained and/or in the course of conducting military and/or poli
20 operations;

21 ¢} Other violations and/or abuses similar or analogous to the above,
2 including those recognized by international law

b. Human Rights Violation Victim (HRVV) refers to a person whose

human rights were violated by persons acting in an official capacity and/or
25 agents of the State as defined herein. In order to qualify for compensation

4


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 onc
month before September 21, 1972 and after February 25, 1986 shall be
entitled to compensation 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

loyal to the Marcos regime;

2. for the purpose of preserving, maintaining, supporting or promoting

the said regime; or

3, to conceal abuses during the Marcos regime and/or the effects of

martial law,

c. Persons Acting in an Official Capacity /Agents of the State refer
to persons acting in an official capacity and/or agents of the State:

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 weil as any civilian agent attached

thereto; and any member of a paramilitary group even if one is not

organically part of the PC, INP, AFP or 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/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 by then President Corazon Aquino in the
exercise of her legislative powers under the Freedom Constitution,
including former President Ferdinand Marcos, spouse Imelda 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.

d. Monetary Compensation refers to any financial consideration
equivalent to an economically assessable damage under this Act resulting
from violation of the victim's human rights.

. Non-Monetary Compensation refers to a non-pecuniary
compensation given to a victim of a human rights violation or members of
the family to restore the family’s honor and dignity and shall include, but
not be ‘limited to psychotherapy, counseling, medical care, social
amelioration and honorific recognition.

£ Torture refers to any act by which severe pain or suffering, whether

physical or mental, is intentionally inflicted on any person under the

and/or agents of the State,

custody of persons acting in an official capaci

as defined by law, jurisprudence and international conventions.



SEC.

Entitlement to Monetary Compensation. Any HRVV
qualified under this Act shall receive compensation from the State, free of
tax, as herein prescribed: Provided, That for a deceased 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 deccased HRVV's
estate in that order, shall be entitled to receive such compensation:
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

hall be entitled to personally receive said
compensation from the Board, unless the victim involved is shown to be
incapacitated to the satisfaction of the Board: Provided furthermore, That

the compensation 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.
SEC. S. Non-Monetary Compensation. The Department of Health

(DOH), Department of Social Welfare and Development (DSWD), Department

of Education (DepEd), the Commission on Higher Education (CHED),
‘Technical Education and Skills Development Authority (TESDA), and such
other government agencies shall render the necessary services as non-
monetary compensation 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.


Eligible claimants may immediately avail of non-monetary
compensation upon final approval of the Board of their application for
claims.

The Commission on Human Rights (CHR) shall monitor and facilitate
the proper implementation of this provision beyond the completion of the
work of the Board as prescribed in Section 31 herein.

SEC. 6. Amount of Compensation. The amount of compensation
under this Act shall be in accordance with the number of points assigned to
the individual under Sections 20 and 22 herein.

SEC. 7. Source of Compensation. 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 v

Sandiganbayan on July 15, 2003 (G.R. No. 152154) as ill-gotten Marcos
wealth and forfeited in favor of the Republic of the Philippines, shall be the

principal source of funds for the i

plementation of this Act.

CHAPTER I
‘THE HUMAN RIGHTS VICTIMS’ COMPENSATION BOARD
SEC. 8. Creation and Composition of Human Rights Victims
Compensation Board. An independent Human Rights Victims’
Compensation Board, hereinafter referred to as the Board, is hereby created
It shall be composed of seven (7) members, who shall possess the following
qualifications:

a. must be of known probity, competence and integrity;


b. must have deep understanding of the human rights violations

committed during the rule of former President Ferdinand Marcos;

¢. at least one {1) of them must be a member of the Philippine Bar

who has been engaged in the practice of law for at least five (5)
years; and

do must have an understanding of human rights protection,

promotion and advocacy.

SEC. 9. Appointment to the Board. The President of the Philippines
shall appoint the members of the Board from among a list of fifteen (15)
nominees to be submitted by a Nominations Committee.

‘The first nominee appointed by the President or the appointee whose
name appears first in the list of appointees shall be the Chairperson of the
Board.

The incumbent Chairperson of the Commission on Human Rights, or
any person duly authorized by the CHR en banc, shall be the ex-officio Co-
Chairperson of the Board, and shall assume the duties and responsibilities
jointly with the other Chairperson appointed by the President.

‘The Board shail organize itself within thirty (30) days from the

appointment

fall seven (7} members and shall thereafter organize its
Secretariat.

SEC. 10. Nominations Committee. A Nominations Committee is

hereby created which shall be chaired by the Executive Secretary with
members representing the following:
1. Commission on Human Rights (CHR);

2. Task Force Detainees of the Philippines (TFDP);


3. Families of Victims of Involuntary Disappearance (FIND); and

4. Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto

(SELDA).

No human rights violation victim who is entitled to compensation as
defined under this Act shall be nominated to become a member of the
Board.

SEC. 11. Consultative Body. There shall also be created a
consultative body which shall work in close coordination with the
Compensation Board and shall perform the primary function of identifying
and monitoring the legitimate victims who may be eligible for compensation
under this Act, and such other functions as may be defined by the Board.

ive body shall be composed of five {5) members, one (1)

the consult
representative of whom will come from each of the following human rights
organizations:

1. Families of Victims of Involuntary Disappearances (FIND);

2. Samahan ng mga, Ex-detainees Laban sa Detensyon at Aresto

(SELDA);

3. Task Force Detainees of the Philippines (TFDP};

4, Claimants 1081; and

5. KARAPATAN.

SEC. 12. Powers and Functions of the Board. The Board shall
have the following powers and functions:

a. Evaluate and approve with finality all eligible claims under this Act;

b. Conduct independent administrative proceedings and resolve

disputes over claims;



¢. Deputize appropriate government agencies to assist it in order to
effectively perform its functions;

d. Promulgate such rules as maybe necessary to carry 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;

e. Issue subpoena/s ad testificandum and subpoena/s duces tecum;

£ Exercise administrative control and supervision over its Secretariat,
and

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

SEC. 13. Meetings of the Board. The Board shall mect once a week
but not to exceed eight (8) times in a month. The actual attendance of four
(4) Members shall constitute a quorum for purposes of convening the Board:
Provided, That a majority of votes from all the Members of the Board shall be
required for the final approval of applications for claims and all other
resolutions which need the approval of the Board en banc.

SEC. 14. Resolution of Claims. The Board shall be composed of two
(2) Divisions, which shall function simultaneously and independently of
each other in the resohition of conflicting claims for compensation. Each
Division shall be composed of one (1) Chairman and two (2) Members to be

appointed by the Chairperson of the Compensation Board.


9

10

ra

12

15

16

7

18

19

20

21

22

24

25

EC. 15. Emoluments. The Chair and Members of the Board shall
receive per diems for every meeting actually attended at rates to be approved
by the Department of Budget and Management.

SEC. 16. Secretariat of the Board. The Board shall be assisted by a
Secretariat which shall come from the existing personnel of the Commission
‘on Human Rights. The following shall be the functions of the Secretariat:

a. Receive, evaluate, process and investigate applications for claims

under this Act;
b, Recommend to the Board the approval of applications for claims;
c. Assist the Board in technical functions; and

d. Perfor

1 other duties that may be assigned by the Board.

The Chairperson of the Board shi

appoint a Board Secretary who
shall head the Secretariat for the duration of the existence of the
Compensation Board. There shall be a Technical Staff Head assisted by five
(6) 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 a 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.

‘SEC. 17.Operating Budget of the Board.The amount of not more than

Fifty Million Pesos(Php50,000,000.00) per year necessary for the operating
expenses of the Board shall be sourced from the funds transferred to the

12


Government of the Republic of the Philippines by virtue of the December 10,
1997 Order of the Swiss Federal Supreme Court and referred to in Section 7

hereof.

SEC. 18. Proper Disposition of Funds. The Board shall ensure that

funds appropriated or those which may become available as compensation

ited by

for HRWVs are properly disbursed in accordance with the policies

Congress and relevant government accounting procedures.

CHAPTER Ill
CLASS SUIT AND DIRECT ACTION PLAINTIFFS
IN MDL NO. 840, CA NO. 86- 0390

SEC. 19. Conelusive Presumption that a Person is a Human
Rights Violation Victim. The claimants in the class suit and the direct
action plaintifis in the Marcos human rights litigation (MDL no. 840, CA no.
86-0390) in the US Federal District Court of Honolulu in Hawaii, whereby a
favorable judgment has been rendered, are hereby declared human rights

violation victims as defined in this Act.

Pursuant to the foregoing, the CHR shall secure the list of the victims

from the aforesaid Court within sixty (60) days from the effectivity of this
Act: Provided, That any member of the list who was deleted therein for
failure to reply to the communications issued by the District Court shall
benefit from this provision on the condition that the member whose name

was deieted shall prove that the victim is the person who was deleted therein

by submitting proof of identity.


‘Any person who has secured or can secure in one’s favor a judgment
or award of damages from any court of the Philippines arising from a human
rights violation as defined in Section 3 of this Act, even if the said judgment
has not yet become final and executory, shall be considered conclusively as
a human rights victim without need of further proof.

SEC. 20. Determination of Award. a. 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) Victims who died or who disappeared and are still missing shall be

given ten (10) points;

2} Victims who were tortured and/or raped shall be given four (4) to

nine (9) points;

3) Victims who were detained shalll be given two (2) to four (4) points.

4) Victims who were forcibly exiled from the Philippines, kidnapped or
otherwise exploited, sexually offended but not raped in the course of
the conduct of military and/or police operations, or those whose rights
were violated under Section 3, par. a, no. 5, sub-paragraph (c) of this

Act shall be given one (1) to four (4) points

The Board shall exercise its powers with due discretion, the
determination of points for each victim, which shall be based on the type of
violation committed against the HRVV, frequency and duration of the
violation. In instances where a victim is classified in more than one category,
one shall be awarded the points in the higher category.

b. The Board shall set aside eighty percent (80%) of the total
compensation fund appropriated under this Act and utilize such amount for

4



the compensation of eligible human rights violation victims in the class suit,
including the direct action plaintiffs in the Marcos human rights litigation
(MDL no. 840, CA no. 86-0390) in the US Federal District Court of
Honolulu, Hawaii.

c. The Board shall proceed to determine the award for each claimant
classified as Hawaii plaintiffs, under paragraph b of this section.

d, The Board shail then compute the numerical value of one point by
adding the total number of points assigned to all the claimants classified
under the category set forth under paragraph (a) of this section, divided by
the sum of money corresponding to cighty percent (80%) of the total
compensation fund.

€. Within fifteen (15) days after the lapse of the period of six (6)
months for the filing of applications under this Act, cach qualified claimant
shall then receive from the Board the final monetary value of one’s award
that is equivalent to the numerical value of one point multiplied by the

number of points one is entitled to, as previously determined by the Board

CHAPTER IV
OTHER CLAIMANTS
SEC. 21. Other Claimants. Any person who does not fall under
the preceding Section 20 but was an HRVV can file a claim with the Human
Rights Victims Compensation Board for compensation and/or recognition.
SEC. 22. Determination of Award for Other Claimants. a. The
Board shall apply the point system as applied to Hawaii plaintiffs under Sec.

20 of this Act


b. The

percent {20%} of the total

compensation fund appropriated under this Act to compensate the other

daimants who were not direct and class suit plaintiffs in the Marcos human
rights litigation (MDL no. 840, CA no. 86-0390) in the US Federal District
Court of Honolulu, Hawaii

© The Board shall then determine the total number of points

identified for all the eligible

imants. It shall likewise determine the
numerical value of one point by adding the total number of points assigned
to all the claimants classified under this category divided by the sum of
money corresponding to twenty percent (20%) of the total compensation
fund.

d. Within fifteen (15) days after the lapse of the period of six (6)

months for the filing of applicatic

der this Act, each qualified claimant
shall receive from the Board the final monetary value of the award that is
equivalent to the numerical value of one point multiplied by the number of

points each claimant is entitled to, as determined by the Board.

CHAPTER V
General Provisions
SEC. 23. Transfer of Funds. Pursuant to the judgment mentioned
in Section 7 hereof, the amount of Ten Billion Five Hundred Million Pesos

{php10,500,000,000.00} is hereby set aside and appropriated to fund the

purposes of this Act: Provided, That the said amount shall be deposited as @

special account in the General Fund in trust for the HRVVs which shall be

disbursed or withdrawn subject to the approval of the Human Rights

16


Victims Compensation Board created herein, in accordance with existing
accounting and auditing rules and regulations: Provided further, That the
fund shall not be withdrawn or disbursed by the National Government for
any other purpose: Provided furthermore, That all interest earned shall
accrue to the General Fund: Provided finally, That after the completion of
the mandate under this Act, any balance of the special account for the
compensation of human rights victims shall revert to the General Fund.

SEC. 24. Documentation of Human Rights Violations during the
Marcos Regime. Without prejudice to other submissions which may be
required by the Board in the implementation of this Act, any HRVV or the
legal heir/s or representative thereof seeking compensation shall execute a

detailed sworn statement, accompanied by photographs, letters, death

certificate, pleadings and other judicial or quasi-judicial documents,
newspaper or videotaped accounts, and/or materials or testimonials of

witnesses corroborating and narrating the circumstances of the human right

violation committed against the said HRVV. Such evidentiary proofs shall be
compiled by the Compensation Board and the CHR, with the assistance of
the National Historical Commission of the Philippines (NHCP), the University
of the Philippines (UP) and non-governmental organizations (NGOs) whose
assistance may be engaged, for the purposes of documenting and
establishing an archive of human rights violations during the Marcos
regime. The compilation shall be submitted to the President, the Congress
of the Philippines and the Supreme Court within two (2) years from the

effectivity of this Act.

7


i

SEC. 25. Publication. 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.

SEC. 26. Period for Filing of Claims; Waiver. An HRVV shail file
an application for compensation with the Board, within six (6) months from
the effectivity of the 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 or incapacitated,
their legal heirs or representatives, shall be entitled to file an application for
compensation on their behalf.

Any opposition to the new application/s pursuant to Section 21 hereof

all only be entertained if such is filed within fifteen (15) days from the
date of the last publication of the official list of eligible 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) newspapers of general circulation.

SEC. 27. Appeal. Any aggrieved claimant may file an appeal within
fifteen (15) days from the receipt of the Resolution of the Division, to the
Board en bane, whose decision shall then become final and executory
SEC. 28. Penalties; Applicability of the Revised Penal Code. Any

claimant who is found by the Board, after due hearing, to have falsified


| one’s application for compensation or have filed a fraudulent claim, shail be
2 referred to the appropriate office for prosecution.
3 Any member of the Board and its Secretariat, public officer,

14 employee of an agency mandated to implement this Act, or any private

individual who shall misuse, embezzle or misappropriate the funds for the

'6' compensation of HRVVs or who shali commit fraud in the processing of

documents and claims of HRVVs, or shall conspire with any individual to
8 commit the same, shall also be prosecuted.

9 Any person, who may have been found guilty of committing any or all
10 of the prohibited acts herein, or committing any offense punishable under
11 the Revised Penal Code, shall be penalized under the pertinent provisions in
12 the Code and relevant special penal laws.

B SEC. 29. Roll of Victims. Persons who are established to be HRVVs
14 shall be given recognition by the enshrinement of their names in a Roll of
15 Victims of Human Rights Violations to be prepared by the Board, The Roll
16 shall be filed with the National Library and in such offices or agencies, both
17 national and international, which are dedicated to the prevention of human
18 tights abuses. The NHCP shall erect in a conspicuous location in the

19 National Capital Region an appropriate memorial, shrine or monument

20 honoring these HRVVs.

22 CHAPTER VI
23 Final Provisions
24 SEC. 30. Implementing Rules and Regulations. Within thirty (30)

days from the date of its organization, the Board shall promulgate the

19


3

19

20

necessary Implementing Rules and Regulations (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.

SEC. 31. Work Period; Sunset Clause. The Board shall complete
its work within two (2) years from the effectivity of the IRR promulgated by it
and may only be extended for a period not to exceed one (1) year by virtue of

an executive order to be issu

d by the President. After such period, it shall
cease functus officio.

SEC. 32. Repealing Clause. All laws, decrees, executive orders,
rules and regulations or parts thereof inconsistent with any of the provisions
of this Act are hereby repealed, amended or modified accordingly.

SEC. 33. Separability Clause. If 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. 34. Effectivity Clause. This Act shall take effect fifteen (15)
days alter its publication in at least two (2) national newspapers of general

circulation.

Approved,


FACT SHEET

House Bill Nos. 54, 97, 302, 954, 1693
(Approved by the Committee on Human Rights on 7 March 2011; approved by
the Committee on Appropriations on 8 February 2012)

COMPENSATION ACT TO VICTIMS OF HUMAN RIGHTS
VIOLATIONS

Introduced by REPS. TANADA Ill, LAGMAN, BELLO, BAG-AO, CASINO,
COLMENARES, TINIO, MARIANO, ILAGAN, DE JESUS, PALATINO, JAVIER,

Commitiee Referral: COMMITTEE ON HUMAN RIGHTS (Primary)
Committee Chairperson: REP. RENE L. RELAMPAGOS
Committee Referral: COMMITTEE ON APPROPRIATIONS (Secondary)
Committee Chairperson. HON. JOSEPH EMILIO A. ABAYA

Objectives:

+ To recognize the heroism and sacrifices of all Filipinos who were victims
of summary execution, torture, involuntary disappearance and other gross
human rights violations committed during the Marcos regime

* To acknowledge the State's moral and legai obligation to recognize and
he 9,539 class suit plaintiffs and the 24 direct action plaintiffs
already adjudged as such victims by the US Federal Court
System in Honolulu. Hawaii

+ To provide compe’ nto human rights violations separate and distinct,
from any court award or settlement agreement which such persons may
be entitied to receive from the Estate of Ferdinand E. Marcos and other
non-government sources

Key Provisions

+ Confines the human rights violations compensable under this bill to
enumerated acts or omissions occurring during the period from September
21, 1972 to February 25, 1986 committed by persons acting in an official
capacity and/or agents of the State.

« Mandates that qualified human rights violations victims shall receive
Monetary compensation from the State to be sourced from the junds
transferred to the Government of the Republic of the Philippines by virtue
of the December 10, 1997 Order of the Swiss Federal Supreme Court,


Related Laws:

adjudged by the Supreme Court of the Philippines as ill-gotten Marcos
wealth and forfeited in favor of the State. From this amount is formed the
human rights compensation fund

Provides for the creation of a Human Rights Victims Compensation Board
which will be tasked to evaluate and approve with finality all the claims
under the proposed measure. The Board shall receive, evaluate, process
and investigate claims. They shall also apportion points to the violations
and compute the compensation accordingly.

Provides that the amount of compensation to be received shall be in
accordance with @ point system devised in the bill. ranging from one to
ten, depending on the gravity of the human fights violation, and as
determined by the Board

Mandates that those in the list of in the list of class suit and direct action
plaintiffs in the Marcos Human Rights Litigation (hereinafter referred to as
MDL 840) are given the conclusive presumption that they are human
rights violation victims. The bills provide that (eighty percent) 80% of the
total compensation fund shail be allotted for them.

Provides that those who are not included in the aforementioned list, but
are later determined to be human rights violations victims can also file a
diaim with the Human Rights Vicims Compensation Board. Twenty
percent (20%) of the total compensation fund is allotted for them.

Philippine Constitution
Universal Declaration of Human Rights
international Covenant on Civil and Political Rights