FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
SENATE 
Senate Bill No. 
) 
) 
'j~ 
:\\JV 
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3330 
By Senator Teofisto "TG" Guingona III 
EXPLANATORY NOTE 
This bill seeks to extend monetary compensation to the victims of human rights 
violations committed during the Marcos regime. In passing this bill into law, the 
State seeks to recognize the faces behind the numbers and the pains that 
provided the reason for decades-long battles against the abuses of the past. 
First, it establishes a defined procedure for human rights victims to be granted 
compensation under the law. 
Second, it seeks to define human rights violations in the context of the Marcos 
regime. 
Third, it seeks to document the various facets of human rights violations during 
the Marcos regime and to recognize the victims of such violations. 
The bill is recognizes that the State has the obligation and the duty to recognize 
and compensate the victims of human rights violations at an era where eyes 
were shut, mouths were gagged, and spirits crushed. 
This bilI is a way of remembering the events of the past and to ensur . that such 
atrocities shall never again be repeated in the future. 
"TG" GUlNGONA III 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
SENATE 
) 
) 
) 
F: 
Senate Bill No. _3_3_3 0 
By Senator Teofisto "TG" Guingona IJI 
AN ACT 
PROVIDING FOR COMPENSATION TO THE VICTIMS OF HUMAN RIGHTS 
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: 
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SECTION 1. Short Title. This Act shall be known as the "Human Rights 
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Victims Compensation Act of 2012". 
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SECTION 2. Declaration of Policy. - Article II, Section 11 of the Constitution 
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of the Republic of the Philippines declares that the State values the dignity of 
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every human person and guarantees full respect for human rights. Pursuant 
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to the d~clared policy, Article III, Section 12 of the Constitution prohibits the 
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use of torture, force, violence, threat, intimidation, or any other means which 
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vitiate the free will even as the Constitution mandates the compensation and 
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rehabilitation of victims of torture or similar practices, and their families. 
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Article XIJI, Section 18(6) of the Constitution also directs the Commission on 
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Human Rights (CHR) to recommend to the Congress effective measures to 
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promote human rights and to provide for compensation to victims of human 
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rights violations, or their families. By virtue of Article II, Section 2 of the 
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Constitution adopting generally accepted principles of international law as 
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part of the law of the land, the Philippines must also adhere to international 
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human rights laws and documents, including the International Covenant on 
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Civil and Political Rights (ICCPR) which imposes on each State party the 


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obligation to take the necessary steps to adopt such laws to give effect to the 
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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 
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violation is committed by persons acting in an official capacity. 
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Consistent with the foregoing, it is hereby declared the policy of the State to 
recognize the heroism and sacrifices of all Filipinos who were victims of 
summary execution, torture, involuntary disappearance and other gross 
human rights violations committed during the regime dictatorial of former 
President Ferdinand Marcos covering the period from September 21, 1972 
to February 25, 1986. The State hereby acknowledges its moral and legal 
obligation to recognize and/or compensate said victims and/or their families 
for the deaths, injuries, sufferings, deprivations, and damages they suffered 
under the Marcos regime. In declaring this policy, the State also takes into 
account the adherence of the Republic of the Philippines to the Universal 
Declaration of Human Rights and the December 10, 1997 Swiss Federal 
Supreme Court decision granting anticipatory restitution to the Philippines 
of certain Swiss bank deposits forming part of the ill-gotten wealth of 
Ferdinand Marcos, which decision urges that the Philippines take steps to 
compensate the victims of human rights violations under the Marcos regime 
and our own Supreme Court's decision of July 15, 2003, forfeiting in favor of 
the Repl)blic, ill-gotten wealth of the Marcoses. 
I 
SECTION 3. Definition of terms. -
In this Act, the following terms shall be 
understood as follows: 
a. 
"Compensable Human Rights Violation" 
refers to any act or 
omission committed during the period from September 21, 1972 
to February 25, 1986 by persons acting in an official capacity 
and/or agents of the State, but shall not be limited to: 
1. Any search, arrest and/or detention without a valid search 
warrant or warrant of arrest issued by a civilian court of law, 
including any warrantless arrest or detention carried out 
pursuant to the declaration of Martial Law by Ferdinand 
Marcos as well as any arrest or detention or deprivation of 
liberty carried out on or before February 25, 1986 on the basis 
of an "Arrest Search and Seizure Order (ASSO)", a "Presidential 
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 
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any manner that the arrest, detention, or deprivation of liberty 
was effected. 
2. Any commission by a person acting in an official capacity 
and/or an agent of the State of physical injury, torture, killing, 
harassment, deprivation of liberty or other similar acts on any 
person, including violations against 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 circumstances shall be 
considered a human rights violation; 
Violations of the freedom of speech and assembly include the 
act of preventing 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, 
even if such violation took place during or in the course of what 
the authorities at the time deemed an illegal assembly or 
demonstration; 
Violations of the freedom of the press include the closure and 
imposition of prior restraint, without legal basis, on media 
facilities, and the detention of editors, publishers, and/or 
writers. 
3. Any enforced or involuntary disappearance caused upon a 
person who was arrested, detained or abducted against one's 
will or otherwise deprived of one's liberty; 
4. Any force or intimidation causing the involuntary exile of a 
person from the Philippines; 
5. Any act or series of acts causing, committing and/or 
conducting the following: 
i. 
Kidnapping or otherwise exploiting children of persons 
suspected of committing acts against the Marcos regime; 
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ii. 
Committing sexual offenses against human rights victims 
who are detained and/or in the course of conducting 
military and/or police operations, and 
iii. 
Saturation drives and/or "zona"; 
iv. 
Hamleting and/or food blockades; 
Hamleting refers to intentional acts that isolate a 
community of importance to the enemy, including the 
relocation of such communities away from crucial zones. 
Food blockade shall refer to the forcible cutting off entry of 
food supplies in a particular area. 
v. 
Violation of the rights of labor by preventing and 
dispersing peaceable strikes even ifthe strikes are deemed 
illegal at that time; 
VI. 
Other violations and/or abuses similar or analogous to the 
above including those recognized and generally-accepted 
by international law. 
6. Causing the unjust or illegal takeover of a business, the 
confiscation of property 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; 
"Human Rights Violation Victim" (HRVV) -
For the purpose of 
this Act, a victim of a human rights violation is one whose human 
rights were violated by persons acting in an official capacity 
and/or agents of the State as these terms are defined herein. In 
order to qualify for compensation under this Act, the human 
rights violation must have occurred during the period from 
September 21, 1972 to February 25, 1986: Provided, however, 
That victims of human rights violations that occurred within one 
month after February 25, 1986 shall be entitled to compensation 
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c. 
under this Act if they can establish that the violation was 
committedby agents of the State/persons acting in an official 
capacity loyal to the Marcos regime and acting further to his 
instructions and for the purpose of preserving, maintaining, 
supporting or promoting the said regime. 
"Persons Acting in an Official Capacity/Agents of the State" - The 
following persons shall be deemed persons acting in an official 
capacity and/or agents of the State under this Act: 
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 (CHOF) from September 21, 1972 to 
February 26, 1986 as well as any civilian agent/s attached 
thereto; and any member of a paramilitary group even if 
he is not organically part of the PC, INP, AFP or CHOF 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 government/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 
Ferdinand Marcos, his spouse Imelda Marcos, their relatives 
by consanguinity or affinity, as well as those persons, 
relatives, associates, and subordinates pursuant to said law, 
shall be deemed agents of the State under this Act. 
4. Any person or group/s of persons acting with the 
authorization, support or acquiescence ofthe State during the 
Marcos regime. 
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SECTION 4-. Entitlement to Monetary Compensation. - Any HRVV qualified 
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under this Act shall receive compensation from the State, free from tax, as 
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hereinafter prescribed: Provided, That for HRVVs who are deceased, the legal 
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heirs as provided for in the Civil Code of the Philippines, or such other 
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person named by the executor or administrator of the deceased HRVV's 
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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 
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prejudice to the receipt of any other sum by the HRVV from any person other 
5 


than the Republic III any case involving any human rights' violation as 
2 
defined by this Act. 
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SECTION 5. Nonmonetary Compensation.- The Department of Health (DOH), 
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the Department of Social Welfare and Development (DSWD), the Department 
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of Education (DepEd), the Commission on Higher Education (CHED), the 
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Technical Education and Skills Development Authority (TESDA), and such 
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other government agencies shall render nonmonetary compensation as may 
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be determined by the Board. This shall include, but not be limited to, 
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psychotherapy, counseling, social amelioration, and honorific recognition. 
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The amount necessary for this purpose shall be sourced from the budget of 
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the agency concerned as reflected in the annual General Appropriations Act. 
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Eligible claimants may immediately avail of nonmonetary compensation 
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upon final approval of the Board of their application of claims. 
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The Commission on Human Rights (CHR) shall monitor and facilitate the 
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proper implementation of this provision. 
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SECTlOl'l6. Amount of Compensation. - The amount of compensation under 
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this Act, shall be determined in accordance with the number of points 
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assigned Ito the individual under Section 20 of this Act. 
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SECTION 7. 
Source of Compensation. - The funds transferred to the 
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Government of the Philippines by virtue of the December 10, 1997 Order of 
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the Swiss Federal Supreme Court, adjudged by the Supreme Court of the 
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Philippines as final and executory in Republic vs. Sandiganbayan on July 15, 
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2003 (GR No. 152154) as Marcos ill-gotten wealth and forfeited in favor of 
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the Republic of the Philippines, shall be the principal source of funds to 
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compensate HRVVS as defined in this Act. 
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The 
amount 
of 
Ten 
billion 
five 
hundred 
million 
pesos 
(Php 
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10,500,000,000.00) is set aside and appropriated to compensate HRVVs 
36 
pursuant to this Act: Provided, that the said amount shall be deposited as a 
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special account in the General Fund in trust for the HRVVs. 
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Provided further, that the fund shall not be withdrawn or disbursed by the 
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National Government for any other purpose: Provided furthermore, that all 
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interest shall accrue to the General Fund: Provided, finally, That after the 
6 


completion of the mandate under this Act, any balance of the special account 
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for the compensation ofthe HRVVs shall revert to the General Fund. 
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SECTION 8. 
Creation and Composition of the Human Rights Victims 
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Compensation Board- An independent Human Rights Victims Compensation 
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Board, to be referred to as the Board, is hereby created. It shall be composed 
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of seven (7) members, who shall possess the following qualifications: 
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a) Must be of known probity, competence, and integrity; 
to 
b) Must have deep understanding of the human rights violations 
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committed during the rule of former president Ferdinand E. Marcos; 
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c) At least one (1) of them must be a member of the Philippine Bar who 
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ha,s been engaged in the practice of law for at least five (5) years; and 
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M~st have understanding of human rights protection, promotion and 
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advocacy. 
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SECTION 9. Appointment to the Board.- The President of the Philippines shall 
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appoint seven (7) members of the Board from among a list of fifteen (15) 
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nominees to be submitted by a Nominations Committee. 
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The first nominee appointed by the President or the appointee whose name 
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appears first in the list of appointees shall be the Chairperson of the Board. 
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The incumbent Chairperson of the CHR, or any person duly authorized by the 
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CHR en banc, shall be the ex-officio co-chairperson of the Board, and shall 
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assume the duties and responsibilities jointly with the Chairperson 
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appointed by the President. 
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The Board shall organize itself within thirty (30) days from appointment of 
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all seven (7) members and shall thereafter organize its Secretariat. 
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No human rights violation victim who is entitled to compensation as defined 
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in this Act shall be nominated to become a member ofthe Board. 
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SECTION 10. Nominations Committee.- A Nominations Committee is hereby 
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created which shall be chaired by the Executive Secretary with members 
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representing the following: 
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a. Commission on Human Rights (CHR) 
b. Task Force Detainees of the Philippines (TFDP); 
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c. Samahan ng mga Ex-Detainee Laban sa Detensyon at Aresto 
(SELDA); 
d. Families of the Involuntary Disappeared (FIND) 
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SECTlO\" 11. Consultative Body- There shall also be created a consultative 
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body Which shall work, together with the Secretariat, in close coordination 
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with the Board and shall perform the primary function of identifying and 
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monitoring the legitimate victims who may be eligible for compensation 
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under this Act. The consultative body shall be composed of one (1) 
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representative from each ofthe following human rights organizations: 
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a. Task Force Detainees of the Philippines (TFDP); 
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b. Samahan ng mga Ex-Detainee Laban sa Detensyon at Aresto 
(SELDA); 
c. Families of the Involuntary Disappeared (FIND) 
d. Claimants 1081; and 
e. KARAPATAN. 
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SECTION 12. Powers and Functions of the Board. - The Board shall have the 
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following powers and functions: 
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a) To evaluate and approve with finality all eligible claims under this Act; 
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b) To conduct independent administrative proceedings and resolve 
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disputes over claims; 
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c) To deputize appropriate government agencies to assist it in order to 
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effectively implement its functions; 
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d) To promulgate rules and regulations in order to carry out the 
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objectives of this Act; 
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e) To issue subpoenajs ad testificandum and subpoena duces tecum; 
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f) To exercise administrative control and supervision over its Secretariat; 
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and 
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g) To perform such other duties, functions and responsibilities as may be 
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necessary to effectively attain the objectives of this Act. 
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SECTION 13. Meetings of the Board- The Board shall meet once a week but 
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not to exceed eight (8) times a month. Four (4) members shall constitute a 
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quorum: For the final approval of claims and all other resolutions which 
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need the approval of the Board, a majority of votes from all the Members of 
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the Board shall be required. 
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SECTION 14. Resolution of Claims.- The Board shall be composed of two (2) 
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divisions which shall function simultaneously and independently of each 
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other in the resolution of conflicting claims for compensation. Each Division 
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shall be composed of one (1) Chairperson and two (2) Members to be 
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appointed by the Chairperson of the Board. 
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SECTION 15. Emoluments.- The Chair and Members of the Board shall 
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receive per diems for every meeting actually attended at rates to be 
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approved by the Department of Budget and Management (DBM). 
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SECTION 16. Secretariat of the Board.- The Board shall be assisted by a 
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Secretariat which shall come from the existing personnel of the CHR. The 
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following shall be the functions ofthe Secretariat: 
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a. Receive, evaluate, process and investigate applications for claims 
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under this Act; 
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b. Make recommendations to the Board on whether or not a claim should 
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be approved; 
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c. Assist the Board in technical functions; 
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d. Perform other duties that may be assigned by the Board. 
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The Chairperson of the Board shall appoint a Board Secretary who shall head 
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the Secretariat for the duration of the existence of the Board. There shall be a 
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Technical Staff Head assisted by five (5) legal officers and three (3) paralegal 
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officers; and an Administrative Staff Head assisted by three (3) 
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Administrative Support Staff. 
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When necessary, the Board may hire additional contractual employees or 
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contract a service provider to provide services of counselors, psychologists, 
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social workers and public education specialists, among others, to augment 
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the services of the Secretariat: Provided, that the maximum contract amount 
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per year shall not exceed more than fifteen percent (15%) ofthe total annual 
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operating budget of the Board. 
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SECTION 17. Operating Budget of the Board. - The initial amount of fifty 
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million pesos (Php 50,000,000.00) from the president's contingency fund 
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shall be used for the establishment and operation of the Board. 
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SECTION 18. 
Proper Disposition of funds. - The Board shall ensure that the 
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funds appropriated or those which may become available as compensation 
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for HRVVs are properly disbursed in accordance with the policies stated by 
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Congress and relevant government accounting procedures. 
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SECTION 19. Conclusive finding that one is a Human Rights Victim. - Any 
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person/s who has secured or can secure in their favor a judgment or award 
4 
of damages from any court of the Philippines or any other foreign court 
5 
arising from a human rights violation as defined in Section 3 of this Act shall 
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be entitled to a conclusive finding that one is a human rights violation victim 
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as defined in this Act. 
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The claimants in the class suit and the direct action plaintiffs in the Marcos 
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human rights litigation (MOL No. 840, CA No. 86-0390) in the United States 
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Federal District Court of Honolulu in Hawaii are also declared conclusively as 
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HRVVs as defined in this Act. 
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The CHR shall secure the list of victims, from the Court that renders the 
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decision stated above, within sixty (60) days from the effectivity of this Act 
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and for decisions to be rendered in the future, within sixty (60) days from 
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the finality of such decision. 
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SECTION 20. Determination of Award. -
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A. 
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The Board shall follow the point system in the determination of any 
a~ard. The range shall be one (1) to ten (10) points, as follows: 
1. 
2. 
3. 
4. 
victims who died or who disappeared and are still miSSing shall 
be given 10 points 
victims who were tortured and/or raped shall be given four (4) 
to nine (9) points 
victims who were detained shall be given two (2) to four (4) 
points 
victims who were forCibly exiled from the Philippines, 
kidnapped or otherwise exploited, sexually offended but not 
raped in the course of the conduct of military and/or police 
operations, or those whose rights were violated under Section 3, 
paragraph (a) (5) (vi) shall be given one (1) to four (4) points. 
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The Board shall exercise its powers with due discretion, the determination of 
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points for each victim, which shall be based on the type of violation 
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committed against the HRVV, frequency and duration of the violation. In 
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instances where a victim is classified in more than one category, one shall be 
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awarded the points in the higher category. 
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Any person who does not fall under the classification above but was 
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nevertheless an HRVV victim can file a claim with the Board for 
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compensation and/or recognition. 
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Within fifteen (15) days after the lapse of the period of six (6) months for the 
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filing of applications under this Act, each qualified claimant shall then 
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receive from the Board the final monetary value of one's award. 
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B. 
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The Board shall set aside eighty percent (80%) of the total 
cO/TIpensation fund appropriated under this Act 
and utilize such 
amount for the compensation of eligible HRVVs in the class suit, 
intluding the direct action plaintiffs in the Marcos human rights 
litigation (MDL No. 840, CA No. 86-0390) in the US Federal District 
Court of Honolulu, Hawaii. 
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Section 21. Other Claimants.- Any person who does not fall under the 
20 
preceding section 20 but was an HRVV can file a claim with the Human 
21 
Rights Victims' Compensation Board for compensation and/or recognition. 
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The Board shall apply the point system as applied to Hawaii plaintiffs 
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indicated in Section 19 of this Act. 
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For other claimants, the Board shall utilize twenty percent (20%) of the total 
27 
compensation fund appropriated under this Act to compensate the other 
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claimants not granted compensation in the Hawaii decision indicated in 
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Section 19 of this Act. 
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SECTION 22. Documentation of Human Rights Violations during the Marcos 
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Regime. - Without prejudice to other submissions which may be required by 
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the Board in the implementation of this Act, any HRVV or the legal heir /s or 
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representatives thereof seeking compensation shall execute a detailed sworn 
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statement, accompanied by photographs, letters, death certificates, pleadings 
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and other judicial or quasi-judicial documents, newspaper or videotaped 
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accounts, and/or materials or testimonials of witnesses corroborating and 
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narrating the circumstances of the human rights violations committed 
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against the said HRVV. Such evidentiary proofs shall be compiled by the 
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Board and the CHR, with the assistance of the National Historical 
41 
Commission of the Philippines (NHCP), the University of the Philippines 
42 
(UP), and non-governmental organizations (NGOs) whose assistance may be 
II 


engaged, for the purposes of documenting and establishing an archive of 
2 
human rights violations during the Marcos regime. The compilation shall be 
3 
submitted to the President, the Congress of the Philippines, and the Supreme 
4 
Court within two (2) years from the effectivity of this Act. 
s 
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SECTION 23. Roll of Victims. -Persons who are established to be HRVVs shall 
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be given I recognition by the enshrinement oftheir names in a Roll of Victims 
8 
of Human Rights Violations to be prepared by the Board. The Roll shall be 
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filed with the National Library and in such offices and agencies, both national 
10 
and international, which are dedicated to the prevention of human rights 
II 
abuses. The NHCP shall erect in a conspicuous location an appropriate 
12 
memorial, shrine or monument honoring these HRVVs. 
13 
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SECTION 24. Publication. - The Board, after having been duly convened, 
15 
shall set the period for the commencement and termination of applications 
16 
by HRVVs and cause the publication of the same: Provided, that such period 
l7 
shall only be operative fifteen (15) days after its last publication, which shall 
18 
be once a week for three (3) consecutive weeks in at least two (2) national 
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newspapers of general circulation. 
20 
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SECTION 25. Period of Filing of Claims; Waiver.- An HRVV shall file an 
22 
application for compensation with the Board within six (6) months from the 
23 
effectivity of the implementing rules and regulations (IRR) of this Act: 
24 
Provided, that failure to file an application within said period is deemed a 
25 
waiver of the right to file the same: Provided, further, that for HRVVs who 
26 
are deceased or incapacitated, their legal heirs or representatives shall be 
27 
entitled to file an application for compensation on their behalf. 
28 
29 
Any opposition to applications filed pursuant to this Act shall only be 
30 
entertained if such is filed within fifteen (15) days from the date of the last 
31 
publication of the offiCial list of eligible claimants as may be determined by 
32 
the Board. The Board shall cause the publication of the official list of eligible 
33 
claimants once a week for three (3) consecutive weeks in at least two (2) 
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national newspapers of general circulation. 
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SECTION 26. Appeal.- Any aggrieved claimant may file an appeal within 
37 
fifteen (15) days from the receipt of the Resolution of the Division, to the 
38 
Board e"h bane, whose decision shall then become final and executory. 
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SECTION 27. Period. - The Board shall complete their work within two (2) 
2 
years from the approval of the Implementing Rules and Regulations unless 
1 
the same is extended by an Act of Congress. 
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SECTION 2B. Implementing Rules and Regulations. Within thirty (30) days 
6 
from the date of its organization, the Board shall promulgate the 
7 
implementing rules and regulations of this Act. The IRR .shall be effective 
8 
fifteen (15) days after its publication in two (2) national newspapers of 
9 
general circulation. 
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SECTION 29. Repealing Clause. - All laws, decrees, executive orders, rules 
13 
and regulations, or parts thereof inconsistent with any of the provisions of 
14 
this Act are hereby repealed or modified accordingly. 
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SECTION 30. 
Separability Clause. -
If, for any reason, any section or 
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provision of this Act is declared unconstitutional or invalid, such other 
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sections or provisions not affected thereby shall remain in full force and 
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effect. 
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21 
SECTION 31. 
Effectivity Clause. -
This Act shall take effect fifteen (15) 
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days after its complete publication in the Official Gazette or in at least two 
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(2) national newspapers of general circulation. 
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25 
Approved, 
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