FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
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SENATE 
Senate Bill No. 33:3 4 
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Prepared by the Committees on Justice and Human Rights and Finance, with 
Senators Osmefia, Guingona, Escudero and Drilon as authors thereof 
AN ACT 
PROVIDING FOR REPARATION AND RECOGNITION OF THE SURVIVORS AND 
RELATIVES OF THE VICTIMS OF VIOLATIONS OF HUMAN RIGHTS AND OTHER 
RELATED 
VIOLATIONS 
DURING 
THE 
REGIME 
OF 
FORMER 
PRESIDENT 
FERDINAND MARCOS, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING 
FUNDS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
SECTION 1. Short Title. This Act shall be known as the "Human Rights Victims 
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Reparation and Recognition Act of 2012". 
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SEC. 2. 
Declaration of Policy. - Article II, Section 11 of the Constitution of the 
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Republic of the Philippines declares that the State values the dignity of every human 
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person and guarantees full respect for human rights. Pursuant to the declared policy, 
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Article III, Section 12 of the Constitution prohibits the use of torture, force, violence, 
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threat, intimidation, or any other means which vitiate the free will even as the Constitution 
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mandates the compensation and rehabilitation of victims of torture or similar practices, 
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and their families. By virtue of Article II, Section 2 of the Constitution adopting generally 
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accepted principles of international law as part of the law of the land, the Philippines 
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adheres to international human rights laws and documents, the Universal Declaration of 
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Human Rights, including the International Covenant on Civil and Political Rights (ICCPR) 
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which imposes on each State party the obligation to enact domestic legislation to take 
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effect to the rights recognized therein and to ensure that any person whose rights or 
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freedoms have been violated shall have an effective remedy even if the violation is 
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committed by persons acting in an official capacity. In fact, the right to a remedy is itself 


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guaranteed under present-day human rights treaties and/or customary international law, 
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being peremptory in character (jus cogens) and as such has been recognized as non-
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derogable. 
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Consistent with the foregoing, it is hereby declared the policy of the State to 
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recognize the heroism and sacrifices of all Filipinos who were victims of summary 
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execution, torture, involuntary disappearance and other gross human rights violations 
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committed during the Martial Law regime dictatorial of former President Ferdinand 
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Marcos covering the period from September 21, 1972 to February 25, 1986. The State 
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hereby acknowledges its moral and legal obligation to recognize and/or compensate said 
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victims and/or their families for the deaths, injuries, sufferings, deprivations, and damages 
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they suffered under the Marcos regime. 
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Similarly, it ist he obligation of the State to acknowledge the sufferings and 
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damages inflicted upon persons whose properties or businesses were forcibly taken over, 
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sequestered or used, or those whose professions were damaged and/or impaired, or 
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those whose freedom of movement were restricted, and/or such other victims of violations 
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of the Bill of Rights. 
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SEC. 3. 
Definition of terms. -
In this Act, the following terms shall be understood 
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as follows: 
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a. 
"Human Rights Violation" - A human rights violation, under this Act shall 
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include, but not be limited to, any of the following acts or omissions committed during the 
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period from September 21, 1972 to February 25, 1986 by persons acting in an official 
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capacity and/or agents of the State: 
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1. 
Any search, arrest and/or detention without a valid search warrant or 
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warrant of arrest issued by a civilian court of law, including any 
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warrantless arrest or detention carried out pursuant to the declaration of 
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Martial Law by Ferdinand Marcos as well as any arrest or detention or 
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deprivation of liberty carried out on or before February 25, 1986 on the 
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basis of an "Arrest Search and Seizure Order (ASSO)", a "Presidential 
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Commitment Order (PCO)" or a "Preventive Detention Action (PDA)" 
and such other similar executive issuances as they were defined by 
decrees and directives of Ferdinand Marcos or in any manner that the 
arrest, detention, or deprivation of liberty was effected. 
2. 
The infliction by a person in government and/or an agent of the State of 
physical injury upon, or torture or killing or violation of other human 
rights, of any person peacefully 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 exercise was alleged to constitute or form part 
of rebellion, sedition or "subversion" as then defined by law; and 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 rights violation; 
3. 
Causing, through force or intimidation, the involuntary exile of a person 
from the Philippines; 
4. 
Causing through force, intimidation or deceit the unjust or illegal 
takeover of a business, the confiscation of property, the detention of 
owners and/or families, or the deprivation of livelihood of a person by 
agents of the State, including those caused by Ferdinand Marcos, his 
spouse Imelda Marcos, their immediate relatives by consanguinity or 
affinity, as well as those persons considered as among their close 
relatives, associates and subordinates under Executive Order No.1, 
issued on February 26, 1986 by President Corazon Aquino in the 
exercise of her legislative powers under the Freedom Constitution; 
5. 
Causing, committing and/or conducting any of the following acts or 
series. of acts: 
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b. 
(a) 
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(f) 
(g) 
(h) 
(i) 
involuntary disappearances; 
saturation drives and/or "zona"s; 
"ham letting" and/or food blockades; 
kidnapping, abduction or otherwise exploiting children of 
persons they suspected to be engaged in acts against the 
Marcos regime; 
committing sexual offenses against detainees and/or in the 
course of conducting military and/or police operations; and 
violation of the rights of freedom of the press by imposition of 
censorship or prior restraint, by closure or sequestration of 
media facilities, detention of its owners, editors, writers and 
media practitioners; 
violation of the rights of freedom of speech and assembly, by 
preventing peaceful assemblies and demonstrations, shooting 
at or dispersing them with tear gas or water cannons and hitting 
participants with truncheons and the like and inflicting injury; 
violation of the rights of labor by preventing and dispersing 
peaceable strikes and other concerted activities; and 
other violations and/or abuses similar or analogous to the above 
including those recognized by intemationallaw. 
"Human Rights Violation Victim" (HRW) -
For the purpose of this Act, a 
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victim of a human rights violation is one whose human rights were violated by persons 
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acting in an official capacity and/or agents of the State as these terms are defined herein. 
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In order to qualify for compensation under this Act, the human rights violation must have 
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occurred during the period from September 21, 1972 to February 25, 1986: Provided, 
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however, That victims of human rights violations that occurred within one month after 
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February 25, 1986 shall be entitled to compensation under this Act if they can establish 
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that: 
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(i) 
(ii) 
c. 
the violation was committed by agents of the State/persons acting in an 
official capacity loyal to the Marcos regime and acting further to his 
instructions; and 
the violation was committed for the purpose of restoring, preserving, 
maintaining, supporting or promoting the said regime. 
"Persons Acting in an Official Capacity/Agents of the State" - The following 
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persons shall be deemed persons acting in an official capacity and/or agents of the State 
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under this Act: 
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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 26,1986 as well as any civilian agentls attached 
thereto; and any member of a paramilitary group even if he 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/or 
supervised by any person in govemment/agent of the state as herein 
defined; 
2. 
Any member of the civil service, including citizens who held elective or 
appointive public office at anytime from September 21, 1972 to 
February 26, 1986; 
3. 
Those persons referred to in Executive Order No.1, including 
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Ferdinand Marcos, his spouse Imelda Marcos, their immediate 
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relatives by consanguinity or affinity, as well as those persons, 
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relatives, associates, and subordinates pursuant to said law, shall be 
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deemed agents of the State under this Act. 
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SEC. 4. Prima Facie Finding that One is a Human Rights Victim Under This Act. 
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- The persons named as class suit plaintiffs in the Human Rights Litigation Against the 
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Estate of Ferdinand E. Marcos and in whose favor a final and executory judgment has 
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been rendered by the United States District Court in the State of Hawaii shall be extended 
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the disputable presumption that they are human rights violation victims (HRW) as defined 
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in this Act. Such disputable presumption is subject to validation and may be contradicted 
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or rebutted by competent evidence. 
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The same presumption and verification shall be extended to the persons enshrined 
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in NCOs such as the Bantayog ng Mga Bayani who were HRV during the period under 
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this Act. 
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SEC. 5. Conclusive finding that one is a Human Rights Victim. - Any person/s who 
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have secured or can secure in their favor a judgment or award of damages from any 
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court of the Philippines arising from a human rights violation as defined in Section 3 of 
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this Act, even if the said judgment has not yet become final and executory, shall be 
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considered conclusively as a human rights victim without need of further proof. 
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SEC. 6. Other Claimants. - Any person who does not fall under the preceding 
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sections 4 or 5 but was a human rights victim can file a claim with the human rights 
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claims board for compensation and/or recognition. 
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A claimant under section 4 whose claim has been disallowed by the aforesaid 
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board cannot file a claim under this section. 
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SEC. 7. 
Compensation. - Any HRV qualified under this Act shall receive 
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compensation from the State, free of tax, as hereinafter prescribed: Provided, That for 
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HRW's who are deceased, his'legal heirs as provided for in the Civil Code of the 
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Philippines, or such other person named by the executor or administrator of the deceased 
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HRW's estate in that order, shall be entitled to receive such compensation: Provided, 
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further, That any compensation received under this Act shall be without prejudice to the 
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receipt of any other sum by the HRW from any person or entity other than the Republic 
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in any case involving any human rights violation as defined by this Act. 
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SEC. 8. 
Amount of Compensation. - The amount of compensation under this Act 
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shall be in proportion to the gravity of the human rights violation committed on the HRW. 
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SEC. 9. 
Source of Compensation. - The funds transferred through the December 
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10, 1 997 Order of the Swiss Federal Supreme Court and presently held in escrow in 
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connection with Civil Case No. 141 where the Supreme Court rendered judgment in favor 
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of the Republic of the Philippines shall become the source of funds for The 
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implementation of this Act. The said judgment has become final and executor and the 
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funds thereof are now in the National Treasury. 
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SEC. 10. 
Transfer of Funds. - From the aforesaid judgment described in the 
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preceding paragraph, the amount of Ten Billion Pesos (P10,000,000,000.00) plus the 
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accrued interest thereon is hereby set aside and appropriated to fund the purposes of this 
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Act. 
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SEC. 11. Documentation of Human Rights Violations by the Marcos Regime. 
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- In the implementation of this Act and without prejudice to any other documentary or 
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other evidence that may be required for the award of any compensation, any HRW 
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seeking compensation shall execute a detailed sworn statement, accompanied by 
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photographs, letters, death certificates, pleadings and other judicial or quasi-judicial 
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documents, newspaper or videotaped accounts, or materials including corroborative 
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testimonials of witnesses, narrating the circumstances of the human rights violation 
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committed against him. Such materials along with any other relevant documents shall be 
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submitted to the Human Rights Claims Board for processing and approval pursuant to the 
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provisions of this Act and its Implementing Rules and Regulations (lRR). 
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SEC. 12. Human Rights. Claims Board; Creation; Composition; Secretariat. -
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(a) There is hereby created an independent and quasi-judicial body to be known as 
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the Human Rights Claims Board ("The Board") to be composed of one (1) Chairperson 
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and four (4) members of known probity and with a deep understanding, knowledge or 
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involvement in the human rights violations committed during the autocratic rule of 
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President Marcos to be appointed by the President, as follows: 
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a. 
b. 
c. 
Two (2) representatives to be nominated, one from each House of 
Congress chosen by a majority of all the members of each House. 
Three (3) representatives of the following non-governmental organizations 
(NGOs) who were active in attending to the needs of human rights victims 
during the period covered, to be nominated collectively by said NGOs as 
members: Provided, That each of the NGO's mentioned below may not 
have more than one nominee on the Board at any given time: 
1. 
Task Force Detainees of the Philippines (TFDP); 
2. 
Free Legal Assistance Group (FLAG); 
3. 
Movement of Attorneys for Brotherhood, Integrity and Nationalism 
(MABINI); 
The President shall appoint the Chairman from among the five members. 
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(b) The Human Rights Board shall be attached to but shall not be under the 
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Commission on Human Rights. 
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(c) The Board shall organize itself within thirty (30) days from completion of the 
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appointment of all five (5) members thereof and; shall thereafter organize its secretariat. 
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SEC. 13. 
Proper Disposition of funds. - The Board shall ensure that the funds 
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appropriated as compensation for human rights victims are properly disbursed in 
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accordance with the policy stated in this act . 
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SEC. 14. 
Guidelines for the Implementing Rules. - In implementing this Act and 
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in formulating the corresponding rules and regulations, and to ensure that all applications 
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are properly screened for fraudulent claims, the Board must provide for: 
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a. 
b. 
Transparency in the processing of the claims; 
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 
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c. 
A procedure that is speedy and expeditious without sacrificing any of the 
parties' fundamental rights. 
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The IRR shall be submitted for approval by an Ad Hoc Joint Oversight 
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Congressional Committee composed of three (3) members from each House of 
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Congress with thirty (30) days from the organization of the Secretariat to ensure 
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that it is consistent with the provisions of this Act. 
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SEC. 15. 
Powers and Functions of the Board. - The Board shall have quasi-
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judicial powers and functions, as follows: 
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a.) To issue, serve and enforce subpoena ad testificandum and subpoena duces 
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tecum; 
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b.) to receive, evaluate, process and investigate applications for claims under this 
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Act; 
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c.) to conduct independent hearings and resolve applications for claims, grant or 
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deny the same; 
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d.) to deputize appropriate government agencies in order to effectively implement its 
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functions; 
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e.) to promulgate rules and regulations in order to carry out the objectives of this Act; 
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and 
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f.) to perform such other powers consistent with the purposes of this act. 
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SEC. 16. Determination of Award. - The Board shall follow the point system in the 
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determination of any award. The range shall be 1 to 10 points, as follows: 
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a) 
victims who died shall be given 9 to 10 points 
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b) 
victims who were tortured shall be given 4 to 9 points 
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c) 
d) 
victims who were detained shall be given 2 to 4 points 
victims who were harassed and economically oppressed or disadvantaged 
or otherwise violated but not belonging to the above-listed enumeration 
shall be given 1 to 2 points. 
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In each category, victims who had suffered more would receive more points. In 
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instances were a victim had suffered in more than one category, the victims shall be 
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awarded only the points in the higher category. 
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The Board shall collate and add-up all the points awarded to all the claimants and 
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divide the total amount to be awarded under this Act with the total number of points 
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collated to determine how much each point would be entitled. 
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Each claimant would then be awarded with the number of points he garnered 
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multiplied by the value of one point. 
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Award to awardees who opt not to claim their compensation shall be added to the 
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total amount to be given as compensation. 
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SEC. 17. Penalties. - Any claimant who is found by the Board, after due hearing, 
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to have filed a false claim, shall be referred to the appropriate office for prosecution. If 
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convicted, he shall suffer imprisonment of eight to ten years and shall be deprived of the 
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right to vote in any election for any popular elective office or to be elected to such office; 
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he shall also be deprived of the public offices and employments which he may have held; 
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and shall be disqualified for any public office or employment. 
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SEC. 18. 
Roll of Victims. - Persons who are found to be human rights victims, 
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regardless of whether they opt to collect compensation or not, shall be given recognition 
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by enshrining their names in a Roll of Human Rights Victims to be prepared by the Board. 
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A Memorial/Museum/Library shall be erected in honor and in memory of the 
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human 
rights 
victims 
where 
their 
names 
shall 
be 
enshrined. 
The 
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Memorial/Museum/Library shall be funded from the accrued interest earned from the 
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P10,OOO,OOO,OOO.OO fund. A compendium of the sacrifices of each awardee shall be 
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prepared. 
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The Department of Education (DepEd.) and the Commission on Higher Education 
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(CHED) shall include the teaching of this Chapter in our country's history in the school's 
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curriculum. 
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The Roll shall also be filed with the National Library and in such offices or 
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agencies, national and international, which are dedicated to the prevention of human 
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rights abuses. 
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SEC. 19. Period. - The Board shall complete their work within three years from the 
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approval of the Implementing Rules and Regulations unless the same is extended by an 
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Act of Congress. 
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SEC. 20. Appropriations. -
The initial amount of ten million pesos 
(P 
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10,000,000.00) from the Pi 0,000,000,000.00 paid shall be used for the organization and 
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operation of human rights claims board. 
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SEC. 21. 
Repealing Clause. - All laws, decrees, executive orders, rules and 
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regulations, or parts thereof inconsistent with any of the provisions of this Act including 
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Section 63(b) of Republic Act No. 6657, as amended, otherwise known as the 
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Comprehensive Agrarian Reform Law of 1998, are hereby repealed or modified 
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accordingly. 
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SEC. 22. 
Separability Clause. -
If, for any reason, any section or provision of 
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this Act is declared unconstitutional or invalid, such other sections or provisions not 
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affected thereby shall remain in full force and effect. 
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SEC. 23. 
Effectivity Clause. -
This Act shall take effect fifteen (15) days after 
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its complete publication in the Official Gazette or in at least two (2) national newspapers 
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of general circulation. 
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Approved, 
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