Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17) CONGRESS
First Regular Session

HOUSE BILL no.4 574

Introduced by REP. JOSE CHRISTOPHER “KIT” Y, BELMONTE

EXPLANATORY NOTE

R.A. No, 10368, otherwise known as the “Human Rights Victims Reparation and
Recognition Act of 2013,” was signed into law on 25 February 2013, By virtue thereof,
the State acknowledged its obligation to recognize the heroism and sacrifices, and
restore the honour and dignity, of victims of gross human rights violations committed
by agents of the State and/or persons acting, in official capacity during the regime of
former President Ferdinand E. Marcos; and/or provide reparation to these victims or
their families for the deprivations and damages they suffered.

The Human Rights Victims’ Claims Board (HRVCB) was created as an
independent quasi-judicial body attached to the Commission on Human Rights (CHR).
It commenced its operations and conducted the initial acceptance of applications from
12 May 2014 to 10 November 2014. Moreover, by virtue of Congressional Joint
Resolution No. 03, the intake period was extended from 8 April 2015 to 30 May 2015. At
the end of said period, the HRVCB received a total of 75,730 applications.

Several challenges emerged in the implementation of R.A. No. 10368, owing to
the unforeseen developments at the time of its enactment. For instance, the HRVCB was
initially given only until 12 May 2016 to complete its task. This was addressed with the
enactment of R.A. No. 10766 which extended the HRVCB's life up to 12 May 2018.

However, there are other matters that remain urgent and critical to the effective
functioning of the HRVCB. Under Section 14 of R.A. No. 10368, as amended, the


HRVCB has a yearly appropriation of not exceeding fifty million pesos (P50,000,000)
‘The over two (2) years operations of the HRVCB has evinced that said apportionment
exposes the HRVCB to the risk of deficit spending in the future. This is especially true
because Executive Order No. 201, s. 2016, modified and increased the basic salaries of
government officers and employees, which caused a manifold increase in the Personnel
Salaries requirement of the HRVCB.

Also, Section 13, paragraph 3, of R.A. No. 10368, provides a fifteen percentage
(15%) ceiling in contracting additional contractual employees of the HRVCB. Coupled
with the limited personnel complement provided in the same section, this limits the
capacity of the HRVCB to adjudicate all the applications and to perform its other
necessary administrative and operational functions.

Lastly, Section 23, paragraph 2 of R.A, No, 10368, provides for the frequency of
the publication of the official list of eligible claimants which is once a week for three
consecutive weeks, The period of publication provided by the same law if reduced to
just one time publication would give the Board additional period to proceed with its
other processes, On the part of the eligible claimants, the letter will be able to receive
the monetary reparation at an earlier time. In this connection, Section 19 (A) of the same
law must also be amended to reflect the reduced frequency of publication. Ultimately,
the reduction of the frequency of publication will hasten the HRVCB processes that will

result to earlier reparation distribution.

There is, thus, an immediate need to address the budgetary constraint, as well as
the hiring ceiling, and to reduce the frequency of publication imposed by law in order
to provide the HRVCB the wherewithal to effectively and promptly complete its task.

In view of the foregoing, the passage of this Bill is urgently sought.

Sabot


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17"") CONGRESS
First Regular Session

4574

H 10USE Bi BILL No, ***°

Introduced by REP. JOSE CHRISTOPHER “KIT” Y. BELMONTE

AN ACT AMNEDING 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 enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SEC 1, Section 13, paragraph 3 of Republic Act No. 10368 is hereby amended to read as
follows:

“SEC 13. x xx x

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.”


SEC 2. Section 14 of the same law is likewise amended to read as follows:

"SEC 14. Operating Budget of the Board.— The operating, budget of the
Board shall be funded from the interest of the Ten billion peso
(P10,000,000,000.00) fund, with ‘Ten million pesos (P10,000,000.00) as its
initial operating budget: Provided, That it shall not exceed one hundred
million pesos (P100,000,000.00) per calendar year.”

SEC 3. Section 19 (d) of the same law is likewise amended to read as follows:

“SEC 19. x xxx

(d) Within thirty (30) days after the Board has approved with finality all
cligible claims pending before it and after the publication of the official list
cligible claimants in two (2) newspapers of general circulation, the award of
monetary compensation shall take effect: Provided, that any pending, appeal
filed by an aggrieved claimant or oppositor before the Board en bane must

be resolved by it sixty (60) days before the Board becomes functus ofticio.”

SEC 4, Section 23, paragraph 2 of the same law is likewise amended to read as follows:

“SEC 23. xx xx

Any opposition to the new application/s pursuant to Section 16 hereof shall
only be entertained if such is filed within fifteen (15) days from the date of
the 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
cligible claimants only once in at least two (2) national newspapers of

general circulation.”

SEC 5. Separability Clause. If, f
declared unconstitutional or invalid, such other sections or provisions not affected

r any reason, any section or provision of this Act is

thereby shall remain in full force and effect

SEC 6. Repealing Clause, All laws, presidential decrees, executive orders, rules and
regulations, or any part thereof, which are inconsistent with any of the provisions of

this Act, are hereby repealed or modified accordingly


SEC 7. Effectivity, This Act shall take effect upon its complete publication in a

newspaper of general publication,

Approved,