Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

6024

House Bill No.

SS

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Angelina L. Katoh
and 6" District-Quezon City Representative Jose Christopher Y. Belmonte

EXPLANATORY NOTE

Since the enactment of Republic Act No. 10368 in 25 Februaty 2013, various challenges
have emerged in its implementation, owing to developments that were not foreseen at
the time. One of these is the big number of claimants that have applied for recognition
and reparation with the Human Rights Victims’ Claims Board (t IRVCB).

‘The HRVCB, one of the ewo implementing bodies created by the law and constituted on
February 2014, has received 75,537 applications for reparation and/or recognition, as of
the deadline of filing of applications on 30 May 2015. Previously, Congress had passed
Joint Resolution No.03, signed by President Benigno Aquino III on 17 February 2015,

extending the petiod of application to accommodate the big numbet of applicants.

Under the law, the HRCVB’s work period ends on 12 May 2016, and with its present
complement of personnel and available resources, it is almost impossible for it to finish

adjudicating all the claims on time.

Each of the claims needs to be thoroughly deliberated upon in order to judiciously

resolve the legitimate clair

.d to investigate and dispose of the fraudulent ones. Only
then will the HRVCB be able to discharge its mandate, and give a measure of justice to

all deserving claimants.


Keenly aware of the fast approaching expiration of the term of the HRVCB, it is clear

that the entire operation and processes will take more time than originally anticipated.
Hence, there is a need to extend, the term of the HRVCB for at least another year in
order to give the HRVCB sufficient time to complete its work, and to provide it with the
wherewithal to do so. A couple of other provisions also need to be amended for clarity

purposes.

In view of the foregoing, the immediate enactment of this bill is urgently sought.

IBARRA “B} ie aha i ANGELINA L. KATOH

JOSE CHRISTOPHER Y. BELMONTE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

6024

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez II and Angelina L. Katob,
and 6 District-Quezon City Representative Jose Christopher Y. Belmonte

EE

AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 10368,
ENTITLED “AN ACT PROVIDING FOR REPARATION AND
RECOGNITION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS
DURING THE MARCOS REGIME, DOCUMENTATION OF SAID
VIOLATIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES.”

Be it enarted by the Senate and the Flouse of Representatives of the Philippines in Congress assembled:

1 SECTION 1. Section 5 of Republic Act No. 10368 is hereby amended to read as follows:
2
3 «Section 5. Nonmonetary Reparation —'The Department of Health
4 (OOH), the Department of Social Welfare and Development
5 (DSWD), the Department of Education (DepED), the
6 Commission on Higher Education (CHED), the Technical
7 Education and Skills Development Authority (TESDA), and
8 such other government agencies shall render the necessary
9 services as nonmonetary reparation for HRVVs and/or their
10 families, as may be determined by the Board pursuant to the
in provisions of this Act. The amount necessary for this purpose
12 shall be sourced ftom the budget of the agency concerned in
13 the annual General Appropriations Act (GAA). The
14 Commission on Human Rights (CHR) shall monitor and/or
15 facilitate the implementation of this Section after the term of

16 the HRVCB expires.”


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SECTION 2, Section 12 of Republic Act No. 10368 is hereby amended to read as follows:

“Section 12. Rawk. Salary Emoluments_and Allowances of the
Chairman, Members of the Board and other Officers and Personnel of
the Board —The Chairperson and the Members of the Board
shall have the rank, salary, emoluments and allowances
equivalent-to-as_those of a Presiding Justice and Associate
Justice of the Court of Appeals, respectively, which shall not
be decreased during their term of office. The emoluments

shall include fees, compensation, pensions and_tetirement
benefits. When a Member of the Board shall have served the

full of office provide xr Section 29 of

ors i sum payment
of the monthly wel anil th er allowances that said Board
Memb s receivi of his of oti fi

three (3)_years:_and_thereafter, upon survival after_the
expiration of this period of three (3) years, to_a_further

annuity payable monthly during the rest of his or her natural
life equivalent to the amount of the monthly salary and other
allowances he was receiving on the date of his_or_her

SECTION 3. Section 13 of Republic Act No. 10368 is hereby amended to read as follows:

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



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62 a) Receive, evaluate, process and investigate applications for
63 claims under this Act;

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65 b) Recommend to the Board the approval of applications
66 for claims,

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68 ©) Assist the Board in technical functions; and

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70 4) Perform other duties that may be assigned by the Board.
1

2 chairperson of the Board shall appoint a Board Secretary
B who shall head the Secretariat for the duration of the
74 existence of the Board. There shall be a Technical Staff Head
18 with a rank of a Division Chief assisted by at least five5)
16 nine (9) Legal Officers and three-@}-forty-five (45) Paralegal
7 Officers; and an Administrative Staff Head assisted by three
B 3)-four (4) Administrative Support Staff.

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80 When necessary, the Board may hire additional contractual
81 employees o contract a service provider to provide services
82 of counselors, psychologists, social workers and pub)
83 education specialists, among others, to augment the services
84 of the Secretariat: 4 .

85 amount-pet-year-shall-not-exeeed-more-than-fifteen-pereent
86 45%}-oF the totalannual-opersting budget-of the Boatd.”

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88 SECTION 4, Section 14 of Republic Act No. 10368 is hereby amended to read as follows:
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90 “Section 14, Operating Budget of the Board— The operating
1 budget of the Boatd shall be funded from the Ten billion
92 peso (P10,000,000,000.00) fand, with Ten million pesos
93 (P10,000,000.00) as its initial operating budget: Provided, That
94 it shall not exceed Fifty~million—pesos—(P50,000,000:00}
95 Seventy-five million pesos (P75,000,000.00) a year.”

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97 SECTION 5. A new provision after Section 22 of Republic Act No. 10368,

98 — denominated as “Section 22-A” is hereby added to read as follows:

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100 “Section 22-A. ranking Privilege-—The HRVCB may transmit
101 through registered mail with return card and/or ordinary
102 mail, free_of charge, all official communications and papers

103 directly connected with the conduct of its duties, functions



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and/or its exercise of administrative supervision over its

‘The envelope or wrapper of the privileged mail matter shall
bear_on the left_upper corner, “Human Rights Victims’
Claims Board” together with its address, on the

upper_comer, the words “Private or unauthorized use to

avoid payment of postage is penalized _by fine _or
imprisonment, or both.

‘The HRVCB shall provide for the standard ms envelope
and the standard rubber stamp for purposes of complianc
the pre raph.”

SECTION 6. Section 29 of Republic Act No. 10368 is hereby amended to read as follows:

“Section 29. Work Period; Sunset Clause, The Board shall
complete its work within ewo-@)-yeats-from-the-effeetivity-of
the FRR promulgeted-byit-three (3) years ftom May 12, 2014.

After such period, it shall become jimctus offi.”

sis
Hoe Be aha ec gee cg a
Rights_Violations Victims’ Memorial_Commission_or_the

avs, rule: eri

SECTION 7, Separability Clause,—If, for any reason, any section ot provision of this
Act is declared invalid ot unconstitutional, such other sections ot provisions not affected

thereby shall remain in full force and effect.

SECTION 8. Repealing Clause.—All laws, dectees, executive orders, rules and
regulations or parts thereof inconsistent with any of the provisions of this Act,

patticularly of Republic Act No. 10368, are hereby repealed or modified accordingly

SECTION 9. Effectivity Clause, This Act shall take effect fifteen (15) days after its

complete publication in the Oficial Gaze or in at least two (2) national newspapers of

general circulation.

Approved,