Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 954

Introduced by Representatives TEODORO A. CASINO,
\NERI JAVIER COLMENARES, RAFAEL V. MARIANO, LUZVIMINDA C.
ILAGAN, ANTONIO L: TINIO, EMERENCIANA A. DE JESUS
and RAYMOND V. PALATINO

EXPLANATORY NOTE

In 1992, in the Marcos Human Rights Litigation (Multi-District Litigation No. 840)
before the United States Federal Court System in Honolulu, Hawaii, the court found the
Marcos dictatorship guilty of gross and systematic human rights violations consisting of
torture, summary execution, and involuntary disappearances.

In its decision, that has long become final and executory, the Hawaii court
awarded $1.2 billion in exemplary damages and $776 million in compensatory damages to
the 9,539 class suit plaintiffs and the 24 direct action plaintiffs whose human rights were
grossly violated during the martial law period.

Recognizing the inestimable suffering and loss of the 9,539 class suit plaintiffs
and the 24 direct action plaintiffs who filed the human rights case against the Marcos
estate in Hawaii, and affirming the moral and legal obligation of the State to grant
indemnification to human rights victims, which is one of the universally recognized
fundamental principles of law, this bill sets aside Ten Billion Pesos from the ill-gotten
Swiss bank assets of Ferdinand Marcos that were initially turned over to the Philippine
government through the December 10, 1997 Order of the Swiss Federal Court, and
which were held in escrow at the Philippine National Bank, for the immediate
compensation of the abovementioned victims.

It is important to note that the December 10, 1997 Order of the Swiss Court had
required the Philippine Government to indemnify the Hawaii plaintiffs. Indemnification
is an imperative step towards the effective enforcement of the administration of justice,
the healing process of victims and society as a whole, and in serving as a deterrent to
future human tights violations. In this wise, the immediate approval of this bill is
earnestly sought.

The long overdue compensation for the 9,539 class suit plaintiffs and the 24
direct action plaintiffs in the Hawaii case can no longer be delayed, and the House, on its
own, need not wait for executive approval to pass this bill. History must show that we


exerted our utmost in recognizing and compensating our valiant people for the sactifices
they made during maztial law

~ ech Ca
TEODORO A. CASINO

Bayan Muna Party-List

Bayan Muna Party-List

ACT Teachers Party

Anakpawis Party-List

Lupin inbs o. Ain SE
LUZWIMINDA C. ILAG. EMERENCIANA A. DE JESUS
Gabriela Women’s Party

“Gabriela Women’s Party

RAYMOND Y. PALATINO
Kabataan Party


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 95 4

Introduced by Representatives TEODORO A. CASINO,
NERI JAVIER COLMENARES, ANTONIO L. TINIO, RAFAEL V. MARIANO,
LUZVMINDA C. ILAGAN, EMERENCIANA A. DE JESUS
and RAYMOND V. PALATINO

ANACT
MANDATING COMPENSATION TO THE 9,539 CLASS SUIT PLAINTIFFS
AND THE 24 DIRECT ACTION PLAINTIFFS WHO FILED AND WON THE,
LANDMARK HUMAN RIGHTS CASE AGAINST THE ESTATE OF FERDINAND
MARCOS IN THE US FEDERAL COURT SYSTEM IN HONOLULU, HAWAIL
AND APPROPRIATING FUNDS THEREFOR,

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

Section 1. Short Title. — This Act shall be known as “Martial Law Victims Compensation Act of
2010".

Section 2. Declaration of Policy. ~ Article Il, Section 11 of the Constitution of the
Republic of the Philippines declares that the State values the dignity of every person and
guarantees full respect for human rights. In addition, Article III, Section 12 of the
Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other
means which vitiate the free will and mandates the compensation and rehabilitation of
victims of torture or similar practices and their families. Furthermore, Article III, Section 12
(4) provides that the law shall provide for penal and civil sanctions for the torture and other
violation of rights of those arrested “as well as compensation to the rchabilitation of victims
of torture or sitnilar practices, and their families.”

Consistent with the foregoing, it is hereby the declared policy of the State to give recognition
to the heroism of all Filipinos and their families who were victims of summary execution,
torture, involuntary disappearance, and other gross human tights violations in the hands of
members of the Armed Forces and other agents of the Marcos government during and after
the period of the imposition of martial law in the Philippines from 1972 to 1986.

Likewise, the State respects and supports the rights of the victims of human rights violations
during the Marcos regime, taking into consideration the final judgment of the United States
Federal Court System in the Human Rights Litigation against the Estate of Ferdinand E. Marcos and
the Swiss Federal Supreme Court Decision of December 10, 1997. In this wise, the State
acknowledges its moral and legal obligation to compensate the 9,539 class suit plaintiffs and


the 24 direct action plaintiffs who were already adjudged as such victims by the US Federal
Court System in Honolulu, Hawaii.

Section 3. Martial Law Victims Compensation Fund. There shall be established a fund
to be called Martial Law Victims Compensation Fund consisting of ‘Ten Billion Pesos (PhP
10,000,000,000.00) from the ill-gotten Swiss bank assets of Ferdinand Marcos and which
were initially turned over through the December 10, 1997 Order of the Swiss Federal Court
and which were held in escrow through the Philippine National Bank, including interests and
accruals. This amount of ‘Ten Billion Pesos (P10,000,000,000.00) shall be set aside for the
purpose of compensation that shall be awarded under this Act

Section 4. Who are entitled to compensation. All 9,539 class action plaintiffs and the 24
direct action plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand B. Marcos it.
the United States Federal Court System in Hawaii (MDL 840) who have been found entitled
to damages for suffering from acts of involuntary disappearance, summary execution,
torture, and illegal detention under the Martial Law regime of Ferdinand Marcos shall be
immediately and directly compensated from the Martial Law Victims Compensation Fund.

For those among the said 9,539 class action plaintiffs and the 24 direct action plaintiffs in
MDL, 840 who are already deceased, their spouse, children, parents, relative/s within the
fourth civil degree or such person named as the executor or administrator of the victim's
estate, in that order, shall be entitled to receive such compensation: Provided, ‘That any
compensation received under this Act shall be without prejudice to the receipt of any other
sum by the victim from any person or entity, other than the Republic, in any situation
involving any human rights violation under this Act.

Section 5. Recognition of and Apology to the class suit and direct action plaintiffs in
the Human Rights Ligation Against the Estate of Ferdinand E, Marcos. ~ The 9,539
class action plaintiffs and the 24 direct action plaintiffs in the Human Rights Litigation Against
the Estate of Ferdinand E. Marcos in the United States Federal Coust System in Hawaii (MDL
840) shall be recognized by the State as such human rights victims and shall receive an
official apology from the State.

For purposes of historical and official recognition, the State, through the Commission on
Human Rights, shall establish a roster of the names of the 9,539 class action plaintiffs and
the 24 direct action plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand B.
Marcos and shall also cause the construction of statues, memorials, monuments or museums
in memory of the important role and sactifice made by them in the struggle against martial
law. The said Roll shall be filed with the National Library and in such offices or agencies,
national and international, which are dedicated to the prevention of human rights abuses.

Section 6. Implementation. ~The Commission on Human Rights (CHR) is hereinafter
tasked with the implementation of this Act. Pursuant thereto, it shall have the following
powers and functions:

{1] Receive claims for compensation filed by any of the 9,539 class action plaintiffs and the
24 direct action plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand F., Marcas
in the United States Federal Court System in Hawaii (MDL 840); or for those who are


already deceased, by his/her spouse, children, parents, relative/s within the fourth civil
degree or such person named as the executor or administrator of the victim’s estate, in that
order.

[2] Vetify the identities of those who filed claims for compensation, under this Act within
thirty (30) working days from the filing. In the event that there is dispute concerning the
identity of a claimant, said dispute shall be resolved by the CHR within thirty (30) working
days, and always in favor of the veracity of the claim for compensation.

3] Award the whole Martial Law Victims Compensation Fund consisting of Ten Billion Pesos
(PAP 10,000,000,000.00) to all who filed their claims for compensation under this Act based
on the following point system:

(@) Victims of enforced disappearance and summary killings shall receive 3 points,
(©) Victims of torture shall receive 2 points; and
(©) Victims of illegal detention shall receive 1 point.

[4] Issue the recognition and apology provided for in Section 6.

‘The Commission shall complete the implementation of this Act within a period of one (1)
year. For this purpose, an operational budget of Ten Million Pesos (P10,000,000.00)
necessary to fund the operations of the Commission in the implementation of this Act shall
be sourced from the President's Social Fund.

Section 7. Implementing Rules — Within thity (30) days from the effectivity of this Act,
the Commission shall issue the necessary rules and regulations for the proper
implementation of the provisions of this Act.

Section 8. Compensation to other Martial Law victims—Victirns of summary execution,
torture, involuntary disappearance, and other gross human rights violations in the hands of
members of the Armed Forces of the Philippines and other agents of the Marcos
government during the period of the imposition of Martial Law in the Philippines from 1972
to 1986 who are not parties to the Human Rights Litigation Against the Bstate of Ferdinand B.
‘Marcos in the United States Federal Court System (MDL 840) shall receive indemnification
from the Philippine government, as may be provided by law,

Section 9. Repealing Clause. Section 63 (b) of Republic Act No. 6657 or the
Comprehensive Agrarian Reform Law as amended is hereby expressly modified such that
‘Ten Billion Pesos (10,000,000,000.00) from the ill-gotten Swiss bank assets of Ferdinand
Marcos shall be devoted exclusively to the Martial Law Vietims Compensation Fund as provided
under Section 3 of this Act. All other laws, decrees, orders, rules and regulations and other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.

Section 10. Effectivity— This Act shall take effect fifteen (15) days after its complete

publication in at least two (2) national newspapers of general circulation and the Official
Gazette


Approved,