NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE
i£|l Senate
of till' }S>i'c:'cfarp
*22 JUL14 All :15
RECEIVED BV:
S.B. No.
INTRODUCED BY SENATOR RISA HONTTVEROS
AN ACT
PROVIDING COMPENSATION FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS 
AND APPROPRIATING FUNDS THEREFOR AND OTHER PURPOSES
EXPLANATORY NOTE
It is a policy in the 1987 Constitution that the State values the dignity of every 
human person and guarantees full respect for human rights.1
The Philippines also holds the worst record worldwide in single-day murder of 
media workers, killing 39 journalists, 59 others, including women and children, that 
covered a local election in Maguindanao province in the island of Mindanao, Philippines. 
Since the attack, at least 3 witnesses have been killed, while 80 of the suspects, including 
police officers and soldiers remain at large.
For year 2020 alone, at least three (3) journalists were confirmed murdered, in 
retaliation for their work. In effect placing the Philippines third in the list of deadliest 
countries.2 Tliis affects not only the right to life of the victims but the right of their families 
to, among others, enjoy a standard of living, should the victims have been alive. Not to 
mention, the collective right to information and to a free press and of expression get a 
chilling effect.
Victims' families, media groups covering the case and lawyers representing the 
victims have also reported threats and harassment.3 To this day, ten long years after the
1 Sec. 11 Art. IT of tlic )987 Constitution
2hit]>s:/Av\v\\'.astainonrnal.c<)rnA^hiln)pincs/across-thc-is]andsAAH-anKsrttnrd^h:jl]ogL:iouma]M±jillMzi]l:2M>i
ncw-rcport-fmds/ last accessed Dec. 29,2020
3 https;//vv\v\v.alia/cetn.cotu/nc\vs/2019/12/19/timclme-the-maguinLUniaQzkiJl.ija^,SzaQddfeSzSiBI£8llg:i^I:dllSij^^ast 
accessed Dec. 29, 2020
1


incident, they have yet to receive finality of conviction rendered by a Quezon City Court 
in December of 2019.
Just like the victims of this terrible incident, victims of human rights violations all 
over the country, their spouses, sons and/or daughters, relatives and loved ones left 
behind have, in most cases, experienced long term pain and suffering, aggravated by 
the extremely long and winding process of their quest for justice.
The indelible anguish and sufferings are brushed aside, even ignored, despite a 
clear mandate upon the State to provide restitution, compensation and rehabilitation of 
the victims and their families. The Constitution no less recognizes the right of victims of 
torture or similar practices, and their families to compensation.4 The Anti-Torture Law 
provides compensation for torture victims.5 The same to be filed before the Claims Board 
under the Department of Justice as provided in R.A. 7309, but the amount thereof should 
be not be less than 10,000.00.6 The latter law also provides a mechanism for 
compensation, for victims of unjust Imprisonment or detention and victims of violent 
crimes, but a celling is set for the compensation at P10,000.00.7
Clearly, victims of other grave violations of human rights and international 
humanitarian law have no equitable, satisfactory mechanism in receiving appropriate 
compensation. The Constitution gave the Commission on Human Rights of the Philippines 
the power and function to recommend to Congress effective measures to provide for 
compensation to victims of violations of human rights,8 or their families. However, there 
is yet no comprehensive law providing for compensation, neither resources or manpower 
to ensure appropriate grant of compensation to all victims.
Further, the Philippines, as a State Party to the International Convention on Civil 
and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural 
Rights (ICESCR), and the Convention Against Torture (CAT) and Other Cruel, Inhuman 
or Degrading Treatment or Punishment, has a duty to, among others, provide reparation 
to victims.9 It has a duty to acknowledge its moral and legal obligation to recognize the
11 Sec. 12(par.4) Art. HI of the Bill of Rights of the 1987 Constitution
5 Sec. 18 of R.A. 9745,1’he Anti-Torture Act of the Philippines
6 Sec. 36 of tire IRR of R.A. 9745, The Anti-Torture Act of the Philippines
7 Please see hUp://hi librar\'.unin.cdii/rescarch/Phih]))'>ines/RA%207.’^n9(,'ii20-
%20t/o2(>La\v%20CrcaTmg<?/«>2<)the<M»20Board%20( .)l%20Claims.pdf , Section 4 of R.A. 7309, last accessed Jan. 10, 
2021
x Sec. 18(par.6) of Art. XIII of the 1987 Constitution 
9 UN Basic Principles on Reparation, Principle 3


wrong done to its citizens, and provide reparation, through compensation of victims 
and/or their families for the deaths, injuries, sufferings, deprivations and damages.
It is thus imperative that the State enact a legislation to ensure the victims and 
families of victims left behind have access to appropriate compensation, regardless of the 
status of the cases filed in courts or other tribunals.
For the above reasons, the prompt approval of this measure is earnestly sought 
and recommended.
RISA HONTIVEROS ^ 
Senator


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. No. 593
Senate
of l\\i l5ca't>tfirp
72 JUL 14 /HI :15
RECEIVED BY:
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROVIDING COMPENSATION FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS 
AND APPROPRIATING FUNDS THEREFOR AND OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: •
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CHAPTER I
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PRELIMINARY PROVISIONS
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SECTION 1. Short title. - This Act shall be known as “Human Rights Violations
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Victims Compensation Act of 2021.”
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Sec. 2. Declaration of Policy. - Section 11 of Article II of the 1987 Constitution of
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the Republic of the Philippines declares that the State values the dignity of every
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human, person and guarantees full respect for human rights. Pursuant to this declared
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policy, Section 12 of Article III of the Constitution prohibits the use of torture, force,
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violence, threat, intimidation, or any other means which vitiate the free will and
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mandates the compensation and rehabilitation of victims of torture or similar practices
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and their families.
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By virtue of Section 2 of Article II of the Constitution adopting generally accepted
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principles of international law as part of the law of the land, the Philippines adheres to
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international human rights laws and conventions, the Universal Declaration of Human
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Rights, including the International Covenant on Civil and Political Rights (ICCPR),
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International Covenant on Economic, Social and Cultural Rights (ICESCR), and the
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Convention Against Torture (CAT) and Other Cruel, Inhuman or Degrading Treatment
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or Punishment which imposes on each State party the obligation to enact domestic
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legislation to give effect to the rights recognized therein and to ensure that any person
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whose rights or freedoms have been violated shall have an effective remedy, even if the
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violation is committed by persons acting in an official capacity. In fact, the right to
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remedy and reparation, which Includes the right to compensation are, in itself
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guaranteed under existing human rights treaties and/or customary international law
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including the Basic Principles and Guidelines on the Right to a Remedy and Reparation
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for Victims of Gross Violations of International Human Rights Law and Serious Violations
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of International Humanitarian Law, being peremptory in character {jus cogens) and as
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such has been recognized as non-derogable.
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Consistent with the foregoing, the State hereby acknowledges its moral and legal
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obligation to recognize and/of^ provide reparation through compensation of victims
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and/or their families for the deaths, injuries, sufferings, deprivations and damages. It is 
hereby declared the policy of the State to recognize the wrong done and alleviate the 
pain and suffering caused by violations of human rights, restore the wholeness of the 
victim and victim's family to the fullest extent possible prior to the violation, remedy the 
effects of the human rights violation and ensure the victims and victims' families the 
right to appropriate compensation.
Sec. 3. Definition of Terms. - For the purposes of this Act, the following shall
mean:
a. Compensation refers to a quantifiable monetary award for any damage suffered, 
as appropriate and proportional to the gravity, scope and scale of the violation and 
the circumstances of each case, resulting from gross violations of international 
human rights law and serious violations of humanitarian law, such as, but not 
limited to:
a) Physical or mental harm;
b) Lost opportunities, including employment, education and social benefits;
c) Material damages and loss of earnings, including loss of earning potential:
d) Moral damage;
e) Costs required for legal or expert assistance, medicine and medical 
services, and psychological and social services.1
b. Human Rights Violations occur when actions by state (or non-state) actors 
abuse, ignore, or deny basic human rights (including civil, political, cultural, 
social, and economic rights in line with human rights and humanitarian law). 
Violations can either be direct (intentionally performed) or indirect or when the 
State failed to protect victims from violations of human rights or is complicit in 
the commission of human rights violations.
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Sec. 4. Creation of a Compensation Board under the Commission on Human 
Rights. - The Commission on Human Rights (CHR) shall have the power to provide 
compensation to victims of violations of human rights, or their families. Pursuant, 
thereto, the latter shall establish a human rights violations Compensation Board which
7 
shall adopt an expeditious and inexpensive procedure for the claimants to follow In
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order to secure their claims under this Act.
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Sec. 5. Powers and Function of the Compensation Board. - The Compensation
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Board shall have the following powers and functions;
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(a) Receive all claims under this Act together with pertinent document to such claims;
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(b) Investigate, process, and determine the validity of all claims filed within thirty (30)
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days after submission thereof;
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(c) Conduct an Independent administrative hearing, If necessary and resolve application
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for compensation or deny the same;
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(d) Disburse all compensation to qualified claimants at the earliest possible time;
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(e) Promulgate rules and regulations In order to carry out the objectives of this Act,
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subject to the approval of the Commission En Banc of the Commission on Human
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Rights; and
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(f) Perform such other functions as will be necessary for the implementation of this Act
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Sec. 6. Determination of Monetary Compensation. - The determination of
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compensation for claims before the Compensation Board under the Commission on
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Human Rights shall be patterned after Republic Act No. 10368, the Human Rights
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Victims Reparation and Recognition Act of 2013.
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The Commission on Human Rights En Banc shall be authorized to determine the point
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allocation to victims whose gravity, scope and scale of human rights violations vary
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depending on existing and verifiable circumstances. Provided, that the monetary
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amount shall not exceed those that civil courts would have granted as damages.
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Sec. 7. Consolidation of Claims. - After all claims and appeals thereof have been
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resolved, the Compensation Board shall compute the final budgetary requirement to
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award all claims granted. It will be submitted for appropriation should the initial funds
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allocated for this Act Is deemed insufficient.
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Sec. 8. Awarding of Monetary Compensation. - Upon reflection in the General
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Appropriations Act, the award of monetary compensation shall take effect. The
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Commission on Human Rights shall develop a mechanism for the awarding of legitimate
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claims, subject to auditing rules and regulations.


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Commission on Human Rights shall develop a mechanism for the awarding of legitimate 
claims, subject to auditing rules and regulations.
Sec. 9. Source of Compensation. - The amount of One Hundred Million Pesos 
(P100,000,000.00) shall be appropriated to the Commission on Human Rights for the 
creation of the Compensation Board, its operationalization and as an initial source of 
compensation to victims of human rights violations. The Commission shall thereafter 
submit budgetary request, after consolidating all legitimate claims for compensation.
CHAPTER III
CLAIMANTS, COMPENSATION AND RECOGNITION
Sec. 10. Who are Entitled to Compensation. - Victims of human rights violations 
shall receive monetary compensation from the State, free of tax. Provided/ That for a 
deceased or involuntary disappeared HRW, the family members up to the 4th degree of 
affinity or consanguinity 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 HRW's estate in that order, shall be entitled to receive such compensation. 
Provided further, That the compensation received under this Act shall be without 
prejudice to the receipt of any other sum as compensation or other entitlements under 
the law or other damages of whatever nature and kind by reason of the same human 
rights violations, from any other person or entity, courts, or tribunals.
Sec. 11. Claimants, Period for filing claims. -The victims and / or their families, 
upon finding by Commission on Human Rights, through its Central and Regional Offices 
of the existence of human rights violations, shall be eligible to file claims before the 
Compensation Board, within fifteen (15) days from receipt of Resolution.
Provided, That for the deceased victims, the family members up to the fourth civil degree 
of consanguinity or affinity as provided for in the Civil Code of the Philippines, or Code of 
Muslim Personal Laws of the Philippines, whichever is applicable, or such other person 
named by the executor or administrator of the deceased victims' estate, in that order, 
shall be entitled to receive such compensation.
Sec. 12. Amount of compensation. - The amount of reparation under this Act shall 
be in proportion to the gravity, scope and scale of the human rights violation committed 
against the victim and in accordance with the number of points assigned to the individual 
case or incident of human right^ violation as determined by the Claims Board in 
accordance with Section 6 hereof.


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Sec. 13. Opposition, Grounds. -Any person may oppose a claim for compensation,
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if he or she believes that the claimants are not entitled under the law. -
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Sec. 14. Motu Proprio Recognition. -The Commission En Banc may take judicial
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notice, motu proprio orm(H\V\6u^\ persons who suffered human rights violations as defined
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herein and grant such persons compensation pursuant to the rules in determining the
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monetary compensation.
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Sec. 15. Personai Receipt of Compensation. -yNo special power of attorney shall
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be recognized in the actual disbursement of the award, and only the victim or the afore-
9 
stated successor(s)-in-interest shall be entitled to personally receive said compensation,
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unless the victim involved is shown to be incapacitated.
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Sec. 16. Prospective Appiication, Exceptions. - This law shall be applied
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prospectively, except for continuing offenses such as enforced disappearances. The
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families of victims whose whereabouts are still unknown, may file a claim for
14 
compensation.
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Sec. 17. Appeais. - Any aggrieved claimant or oppositor may appeal within ten
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(10) days from notice of decision granting or denying the claim. The Commission En Banc
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of the Commission on Human Rights shall decide such appeals and its decision is
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considered final. Any pending appeal filed by an aggrieved claimant must be resolved
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within sixty (60) days after its filing.
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CHAPTER IV
22 
PENALTIES
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Sec .18. Penalties; Appiicabiiity of the Revised Pena! Code. - Any cla i ma nt who is
25 
found by the Board, after due hearing, to have filed a fraudulent claim, shall be referred
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to the Department of Justice for prosecution. If convicted, he shall suffer the
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imprisonment of eight (8) to ten (10) years, shall be disqualified from holding any public
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office and employment and shall not be eligible to vote and be voted upon fof in any
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national or local election, even after the service of sentence unless granted absolute
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pardon.
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Any member of the Compensation Board, public officer, employee of an agency or any
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private individual mandated to implement this Act, who shall misuse, embezzle, or
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misappropriate the funds for compensation of HRWs or who shall commit fraud in the
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processing of documents and claims of HRWs, or shall conspire with any individual to
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commit the same, shall also be prosecuted.


1 
Any member of the Compensation Board, public officer, employee of an agency or any
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private individual mandated to implement this Act who may be found guilty of committing
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any or ail of the prohibited acts stated in the preceding paragraph, or those acts
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punishable under the Revised Penal Code, shall be penalized under the pertinent
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provisions in the Code and relevant special penal laws.
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CHAPTER V
8 
FINAL PROVISIONS
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Sec. 19. Separability Clause. - If, for any reason, any section or provision of this
11 
Act is declared unconstitutional or invalid, such other sections or provisions not affected
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thereby shall remain in full force and effect.
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Sec. 20. Suppietory Application of Laws. -The provisions of R.A. 9745 or the Anti-
14 
Torture Act of 2009 and R.A. 7309, in so far as they are consistent with the provisions of
15 
this Act, shall be applied suppletorily.
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Sec. 21. Repealing Clause. - All laws, decrees, executive orders, rules and
17 
regulations or parts thereof inconsistent with any of the provisions of this Act, are hereby
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repealed, amended or modified accordingly.
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Sec. 22. Effectivity Clause. -This Act shall take effect fifteen (15) days after its
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complete publication in the Official Gazette or in at least two (2) national newspapers of
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general circulation.
Approved,