Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3505

Introduced by

KABATAAN PARTY-LIST Representative Raoul Daniel A. Manuel,
ACT TEACHERS PARTY-LIST Representative France L. Castro,

and GABRIELA WOMEN’S PARTY Representative Arlene D. Brosas

ANEW ACT
PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN
RIGHTS VIOLATIONS DURING THE MARCOS REGIME,
DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS THEREOF
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

This Act shall be known as the "New Human Rights Victims Reparation and
Recognition Act of 2022”.

Section 11 of Article II of the 1987 Constitution declares that the State values the
dignity of every human, person and guarantees full respect for human rights. Section
12 of Article I!I 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.


The State recognizes and adopts generally accepted principles of international law
85 part of the law of the land through Section 2 of Article I! of the Constitution, These
includes Universal Declaration of Human Rights, including the International
Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture
(CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment,

Republic Act No. 10368 entitled "An Act Providing for Reparation and Recognition of
Vietims of Human Rights Violations During the Marcos Regime, Documentation of
Said Violations, Appropriating Funds Therefor and for Other Purposes", passed in
2013, provides for the State recognition of the heroism and sacrifices of all Filipinos
who were victims of summary execution, torture, enforced or involuntary
disappearance, and other gross human rights violations committed during the regime
Of former President Ferdinand Marcos covering the period from September 21, 1972
to February 25, 1986 and restore the victims' honor and dignity.

Through the law, the State also acknowledges its moral and legal obligation to
recognize and provide reparation to the 9,539 class suit plaintifs and the 24 direct
action plaintifs who were adjudged as such victims by the US Federal Court System
in Honolulu, Hawaii in 1992. Section 17 of RA 10398 provides for conclusive
Presumption for the claimants in the class suit and direct-action plaintiffs while not
depriving the Human Rights Victims Claims Board (HRVCB) of ‘its original
jurisdiction and its inherent power to determine the extent of the human rights
Violations and the corresponding reparation and/or recognition that may be granted".

Under RA 10368, more than 75,000 applicants filed their claims, but only 11,103
were approved and duly recognized by the HRVCB until the board became functus
Officio on May 12, 2018. The HRVCB was able to completely resolve the 6,737
appeals as of May 6, 2018.

However, nine years after RA 10368 was passed, and 30 years after the landmark
decision in Hawaii, relatives and friends of the human rights violations are still crying

out for justice,


Many of those who filed their claim were ordinary people, peasants, workers, or
urban poor activists whose rights were violated by the martial law government's
arrests and crackdowns against dissent and mass actions by workers and peasants,
and zoning of urban poor communities. Most of the victims are now very old and
Continue to be impoverished. They were certainly overwhelmed by the legal
Procedures and requirements of the law, as well as the difficulty in the submission of
simple affidavits from witnesses and human rights organizations who could confirm
their status as detainees or human rights violations victims.

Admittedly, RA 10368 should have considered the state of the victims and the
difficulty they will encounter if the law is not liberalized to provide them with the best
Opportunity to process their claims without compromising the integrity of the process.
Many of those who were disqualified or denied were disqualified on the basis of
technicality such as failure to promptly present evidence or testimony or submit duly
notarized affidavits; failure to reply or understand notices, rules and regulations,
deadlines of submission; and other problems encountered by ordinary people not
familiar with legal procedures. Many of them never had a due process chance to
even file an appeal from the decision denying their claim outright.

More and more relatives of Martial Law human rights violations victims have brought
up their case on what they call an "unjust" denial of their claims for reparation.
Included among the claims denied by HRVCB were those from Hawaii class suit
Plaintiffs. Based on the reports of human rights organization Samahan ng
Ex-detainees Laban sa Detensyon at Aresto (SELDA), the claims for Hawaii case
Plaintiffs Maurico Anugot, Cesaria Anugot, Marilyn Anugot, Eufecio Anugot, Welito
Anugot, Teofilo Anugot of Balamban Massacre, Raul Deri of Sorsogon, and
Reynaldo Garcia of Manila were denied despite the law's provision on conclusive
Presumption. Also included among those denied was delisted Hawaii claimant Petra

Venus Villegal of Quezon.

For true unity to prosper, we must acknowledge the injustices wrought by Martial
Law, and provide the proper compensation to the victims, This is justice that they are

owed, and must be delivered to them.


With the HRVCB officially functus officio, there is a growing clamor among many
martial law human rights violations victims and relatives and human rights groups for
@ new law that will continue the recognition and reparation as mandated by RA
10368

This bill seeks to continue the processing of claims for recognition and reparation by
human tights violations victims during martial law and the reconstitution of the Board
to process their claims. The amount of ten billion pesos sourced from ill-gotten
wealth of the Marcoses that have been remitted and will be remitted by the PCGG to
the Bureau of Treasury will be used to fund the reparations and finance all claims.

While no amount of monetary reparation will restore lost lives, properties, broken
relations, and dreams of the human rights violations’ victims and their families, the
reparation is important for them, as it forms part of the overall recognition of the
reality of human rights violations and their immeasurable suffering of the people

under the Marcos regime.

It is thus a matter of justice that the recognition and reparation for martial law human
rights violations victims and their families continue through a new law providing for
reparation and recognition of victims of human rights violations during the Marcos

regime.

This bill was formerly filed by BAYAN MUNA Partylist in both the 17th and 18th
Congress.

In view of the foregoing, the passage of this bill is earnestly sought.

SBE Us
REP. RAOUL DANNIEL’A. MANUEL
Kabataan Party-list


—
.. CASTRO NE D. BROSAS
Party-list GABRIELA Women’s Party


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3505

Introduced by

KABATAAN PARTY-LIST Representative Raoul Danniel A. Manuel,
ACT TEACHERS PARTY-LIST Representative France L. Castro,

and GABRIELA WOMEN'S PARTY Representative Arlene D. Brocas

ANEW \ACT
PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF
HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME,
DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS
THEREOF AND FOR OTHER PURPOSES

CHAPTER I

PRELIMINARY PROVISIONS

Section |. Short Title. — This Act shall be known as the "New Human Rights Victims
Reparation and Recognition Act of 2022".

Section 2. Declaration of Policy. — Section 11 of Article Il of the 1987 Constitution of
the Republic of the Philippines declares that the State values the dignity of every
human, person and guarantees full respect for human rights. Pursuant to this
declared policy, Section 12 of Article lil 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.

By virtue of Section 2 of Article II of the Constitution adopting generally accepted
Principles of international law as part of the law of the land, the Philippines adheres
{0 international human rights taws and conventions, the Universal Declaration of
Human Rights, including the International Covenant on Civil and Political Rights
(ICCPR) and the Convention Against Torture (CAT) and Other Cruel, Inhuman or
Degrading Treatment or Punishment which imposes on each State party the
obligation to enact domestic legislation to give effect to the rights recognized therein


and to ensure that any person whose rights or freedoms have been violated shalt
have an effective remedy, even if the violation is committed by persons acting in an
official capacity. In fact, the right to a remedy is itself guaranteed under existing
human rights treaties and/or customary international lav, being peremptory in
Character (bis cogens) and as such has been recognized as non-derogable.

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, enforced or involuntary disappearance and other gross human
rights violations committed during the regime of former President Ferdinand E.
Marcos covering the period from September 21, 1972 to February 25, 1986 and
restore the victims' honor and dignity. The State hereby acknowledges its moral and
legal obligation to recognize andlor provide reparation to said vietime and their
families for the deaths, injuries, Sufferings, deprivations and damages they suffered
under the Marcos regime.

Similarly, itis the obligation of the State to acknowledge the sufferings and damages
inflicted upon persons whose properties or businesses were forcibly taken over,
Sequestered or used, or those whose professions were damaged and/or impaired. or
those whose freedom of movement was restricted, and/or such other victims of the
violations of the Bill of Rights.

Section 3. Definition of Terms, — The following terms as used in this Act shall mean:

(@) Detention refers to the act of taking a person into custody against his will by
Persons acting in an official capacity and/or agents of the State.

(6) 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 the following:

(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 former President Ferdinand E. Marcos as well as any
arrest, detention or deprivation of liberty carried out during the covered
Period on the basis of an “Arrest, Search and Seizure Order (ASSO)",
a "Presidential Commitment Order {PCO)" or a "Preventive Detention
Action (PIA)" and such other similar executive issuances as defined by
decrees of former President Ferdinand E. Marcos, or in any manner
that the arrest, detention or deprivation, of liberty was effected:

(2) The infliction by a person acting in an official capacity and/or an
agent of the State of physical injury, torture, killing, or violation of other
human rights, of any person exercising civil or politcal rights, including

7


Dut not limited to the freedom of speech, assembly or organization:
andior the right to petition the government for redress of grievances,
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 circumstance shall be
considered a human rights violation;

(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, as defined in Republic Act No. 10350 4,
otherwise known as the “Anti-Enforced or involuntary Disappearance
Act of 2012";

(4) Any force or intimidation causing the involuntary exile of a person
from the Philippines;

(5) Any act of force, intimidation or deceit causing unjust or illegal
takeover of a business, confiscation of property, detention of owner/5
and oF their families, deprivation of livelihood of a person by agents of
the State, including those caused by Ferdinand E. Marcos, his spouse
'melda R. Marcos, their immediate relatives by consanguinity or affinity,
as well as those persons considered as among their close relatives,
associates, cronies and subordinates under Executive Order No. 1,
issued on February 28, 1986 by then President Corazon C. Aquino in
the exercise of her legislative powers under the Freedom Constitution:
(6) Any act or series of acts causing, committing and/or conducting the
following:

()) Kidnapping or otherwise exploiting children of persons

Suspected of committing acts against the Marcos regime;

(ii) Committing sexual offenses against human rights victims who
are detained and/or in the course of conducting military and/or
police operations; and

i) Other violations and/or abuses similar or analogous to the
above, including those recognized by international law.

(c) Human Rights Violations Victim (HRVV) refers to a person whose human rights
were violated by persons acting in an official capacity and/or agents of the State
as defined herein. In order to qualify for reparation under this Act, the human
rights violation must have been committed during the period from September 21,
1972 to February 25, 1986: Provided, however, That victims of human rights
Violations that were commitied one (1) month before September 21, 1972 and
one (1) month after February 25, 1986 shall be entitled to reparation, under this
Act if they can establish that the violation was committed:


(1) By agents of the State and/or persons acting in an official
capacity as defined hereunder;

(2) _ For the put-pose of preserving, maintaining, supporting or
promoting the said regime; or

(3) To conceal abuses during the Marcos regime and/or the effects
of Martial Law.

(d) Persons Acting in an Official Capacity and/opt Agents of the State—The
following persons shall be deemed persons acting in an official capacity and/or
agents of the State under this Ace

(1) Any member of the former Philippine Constabulary (PC), the former
Integrated National Police (1NP), the Armed Forces of the Philippines
(AFP) and the Civilian Home Defense Force (CHDF) from September
21, 1972 to February 25, 1986 as well as any civilian agent attached
thereto; and any member of a paramilitary group even if one is not
organically part of the PC, the INP, the AFP or the CHDF so long as it
is shown that the group was organized, funded, supplied with
equipment, facilities and/or resources, and/or indoctrinated, controlled
and/or supervised by any person acting in an official capacity and/or
agent of the State as herein defined;

(2) Any member of the civil service, including persons who held elective or
appointive public office at any time from September 21, 1972 to
February 25, 1986;

(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating
the Presidential Commission on Good Government (PCGG), issued on
February 28, 1986 and related laws by then President Corazon C.
Aquino in the exercise of her legislative powers under the Freedom
Constitution, including former President Ferdinand E. Marcos, spouse
Imelda R. Marcos, their immediate relatives by consanguinity or
affinity, as well as their close relatives, associates, cronies and
subordinates; and

(4) Any person or group/s of persons acting with the authorization,
support or acquiescence of the State during the Marcos regime.

(e) Torture refers to any act by which severe pain or suffering, whether physical or
Mental, is intentionally inflicted on any person under the custody of persons
acting in an official capacity and/or agents of the State, as defined by law,
jurisprudence, international conventions and Republic Act No. 9745, otherwise
known as the "Anti-Torture Act of 2009".


Section 4. Entitlement to Monetary Reparation. — Any HRVV qualified under this
Act shall receive reparation from the State, free of tax, as herein prescribed:
Provided, That for a deceased or involuntary disappeared HRVV, the legal heirs 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 HRVV’s estate
in that order, shall be entitled to receive such reparation: Provided, further, That no
Special power of attorney shall be recognized in the actual disbursement of the
award, and only the victim or the aforestated successor(s)-in-interest shall be entitled
‘0 personally receive said reparation form the Board, unless the victim involved is
shown to be incapacitated to the satisfaction of the Board or could not personally do
So for reasons of severe illness, threat to life or security: Provided, furthermore, That
the reparation received under this Act shall be without prejudice to the receipt of any
other sum by the HRVV from any other person or entity in any case involving
violations of human rights as defined in this Act.

Section 5. Non Monetary Reparation. —The Department of Health (DOH), the
Department of Social Welfare and Development (DSWD), the Department of
Education (CITED), the Commission on Higher Education (CHED), the Technical
Education and Skills Development Authority (TESDA), and such other government
agencies shall render the necessary services as non monetary reparation for HRVVs
andior their families, as may be determined by the Board pursuant to the provisions
of this Act. The amount necessary for this purpose shall be sourced from the budget
of the agency concerned in the annual General Appropriations Act (GAA),

Section 6. Amount of Reparation. —The amount of reparation under this Act shall be
'n proportion to the gravity of the human rights violation committed on the HRVV and
in accordance with the number of points assigned to the individual under Section 19
hereof.

Section 7. Source of .Reparation. — The amount of Ten billion pesos
(P10,000,000,000.00) plus accrued interest which form part of the funds transferred
to the goverment of the Republic of the Philippines by virtue of the December 10,
1997 Order of the Swiss Federal Supreme Court, adjudged by the Supreme Court of
the Philippines as final and executory in Republic vs. Sandiganbayan on July 15,
2003 (G.R. No, 152154) as Marcos ill-gotten wealth and forfeited in favor of the
Republic of the Philippines for the reparation of the HRVV under this Act shall be
Sourced from the recovered ill-gotten wealth remitted by the Presidential
Commission on Good Government to the Bureau of Treasury.


CHAPTER I

THE HUMAN RIGHTS VIOLATION VICTIMS' RECOGNITION AND
REPARATION BOARD
Section 8. Creation and Composition of the Human Rights Violation Victims’
Recognition and Reparation Board. — There is hereby created an independent and
Guastjudicial body to be known as the Human Rights Violation Victims! Recognition
and Reparation Board, hereinafter referred to as the Board. It shall be composed of
nine (9) members, who shall possess the following qualifications:

(a) Must be of known probity, competence and integrity:

(b) Must have a deep and thorough understanding and knowledge of human rights
and involvement in efforts against human rights violations committed during the
regime of former President Ferdinand E, Marcos:

(c) Atleast three (3) of them must be members of the Philippine Bar who have
been engaged in the practice of law for at least ten (1 0) years; and

(d) Must have a clear and adequate understanding and commitment to human
rights protection, promotion and advocacy.

(2) Must not be included among the persons acting in an official capacity and/or
agents of the state as enumerated in Section 3(d); and

(| Must not be a member or former member of the government's uniformed and
military personnel including the Philippine National Police and Armed Forces of
the Philippines.

The Human Rights Victims’ Claims Board shall be attached to but shall not be under
the Commission on Human Rights (CEIR).

The Board shall organize itself within thirty (30) days from the completion of
appointment of all nine (9) members and shall thereafter organize its Secretariat.

Section 9. Appointment to the Board. — The President shall appoint the Chairperson
and the other eight (8) members of the Board from among the list of nominees
Provided by the Commission on Human Rights and Human Rights Organizations:
Provided, That human rights organizations such as, but not limited to, the Task Force
Detainees of the Philippines (IFOP), the Free Legal Assistance Group (FLAG), the
Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI), the
Families of Victims of Involuntary Disappearance (FIND), Samahan ng mg
Ex-Detainees Laban sa Detensyon at Aresto (SELDA), and Kapatid shall submit
nominations to the President.

Section 10. Powers and Functions of the Board. — The Board shall have the
following powers and functions:


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

(b) Issue subpoena/s ad testificandum and subpoena/s

duces tecum;

(c) Conduct independent administrative proceedings and resolve

disputes over claims;

(@) Approve with finality all eligible claims under this Act:

(e) _ Deputize appropriate government agencies to assist it in order to
effectively perform its functions;

() _ Promulgate such rules as may be necessary to carry out the
Purposes of this Act, including rules of procedure in the conduct of its
Proceedings, with the Revised Rules of Court of the Philippines having
suppletory application;

(@) _ Exercise administrative control and supervision over its
Secretariat;

(h) The Board, at its discretion, may consult the human rights
organizations mentioned in Section 9 herein to vouch or support a claim:
andPerform such other duties, functions and responsibilities as may be
necessary to effectively attain the objectives of this Act.

Provided that, the Board shall exercise liberality and utmost consideration in
evaluation and approval of claims in favor of the human rights violations’ victims,
without prejudice to its power and jurisdiction to fully evaluate and deny false claims.

Section 11. Resolution of the Board— The Board shall be composed of three (3)
divisions which shall function simultaneously and independently of each other in the

Section 12. Emoluments. —The Chairperson and members of the Board shall have
the rank, salary, emoluments and allowances equivalent to a Presiding justice and
Associate Justice of the Court of Appeals, respectively,

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

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

(b) Recommend to the Board the approval of applications for claims:

(c) Assist the Board in technical functions; and

() Perform other duties that may be assigned by the Board,


The Chairperson of the Board shall appoint a Board Secretary who shall head the
Secretariat for the duration of the existence of the Board, There shall be a Technical
Staff Head assisted by five (5) Legal Officers and three (3) Paralegal Officers; and an
Administrative Staff Head assisted by three (3) Administrative Support Staff.

When necessary, the Board may hire additional contractual employees or contract a
Sehice Provider to provide services of counselors, psychologists, social workers and
Public education specialists, among others, to augment the services of the
Secretariat: Provided, That the maximum contract amount Per year shall not exceed
more than fifteen percent (15%) of the total annual operating budget of the Board,

(P70,000,000.00) a year.

Section 15. Proper Disposition of Funds. — The Board shall ensure that funds
appropriated or those which may become available as reparation for HRVVs are
Properly disbursed in accordance with the policies stated by Congress and relevant
government rules, regulations and accounting procedures,

CHAPTER Hl
CLAIMANTS, REPARATION AND RECOGNITION

Section 16. Claimants. — Any person who is an HRVV may file a claim with the
Board for reparation and/or recognition in accordance with the provisions of this Act.

Section 17. Conclusive Presumption for Hawaii Plaintiff and Bantayog ng mga
Bayani HRVV — The claimants in the class suit and direct action plaintifs in the
Human Rights Litigation Against the Estate of Ferdinand E, Marcos (MDL No. 840,
CA No. 88-0390) in the US Federal District Court of Honolulu, llawaii wherein 2
favorable judgment has been tendered, shall be extended the conclusive
Presumption that they are HRVVs: Provided, That the HRVVs recognized by the
Bantayog Ng IViga Bayani Foundation shall also be accorded the same conclusive
Presumption: Provided, further, that such conclusive presumption shall mean that the
claims of such HRWVs shall not be denied: Provided, further, That nothing herein
Shall be construed to deprive the Board of its original jurisdiction and its inherent
Power fo determine the extent of the human rights violations and the corresponding
reparation and/or recognition that may be granted.

Section 18. Motu Proprio Recognition. — The Board may take judicial notice motu
Proprio of individual persons who suffered human rights violations as defined herein


and grant such persons recognition as HRVVs and included in the Roll of Victims as
provided for in Section 26 hereof.

Section 19. Determination of Award. —

(a) The Board shall follow the point system in the determination of the award. The
range shall be one (1) to ten (10) points, as follows:

Victims who died or who disappeared and are still missing shall be given ten
(10) points;

Victims who were tortured and/or raped or sexually abused shail he given six
(6) to nine (9) points:

Victims who were detained shall be given three (3) to five (5) points; and

Victims whose rights were violated under Section 3, paragraph (b), nos. (4),
(5) and (6) under this Act shail be given one (1) to two (2) points.

The Board shall exercise its powers with due discretion in the determination of points
for each victim, which shall be based on the type of violation committed against the
HRVV, frequently and duration of the violation. In each category, HRVVs who had
Suffered more would receive more points. In instances where a vietim is classified in
more than one category, one shall be awarded the points in the higher category:
Provided, That in cases where there are several eligible claims filed for reparation by
oF on behalf of a particular HRVV, the Board shall award only one (1 ) valid claim
which corresponds to the category obtaining the highest number of points for each
eligible claimant.

(b) The Board shall proceed to determine the award for each claimant classified
under Sections 16, 17 and 18 of this Act.

The Board shall then compute the final monetary value of one’s award that is
equivalent to the numerical value of one point multiplied by the number of points that
@ claimant is entitled to, as previously determined by the Board,

Within thity (30) days after the Board has approved with finality each eligible claim
Pending before it and after due publication of such legitimate claim, the award of
monetary compensation shall take effect: Provided., that any pending appeal fled by
&n aagrieved claimant or opposite before the Board en banc must resolved by it
within one hundred twenty (120) days from the filing of the appeal,

CHAPTER IV
GENERAL PROVISIONS


any HRWV seeking reparation shall execute a detailed sworn statement narrating the
circumstances of the pertinent human rights violation/s committed,

newspapers of general circulation,

Section 23. Period for Filing of Claims; Waiver. — An HRVWV shall file an application
for reparation with the Board within six (6) months from the effectivity of the
implementing rules and regulations (IRR) of this Act: Provided, That failure to file an
application within said period is deemed a waiver of the right to file the same:
Provided, fiirther, That for HRWVs who are deceased, incapacitated, or missing due
to enforced disappearance, their legal heir/s or representatives, shall be entitled to
file an application for reparation on their behalf: Provided, ./Urther, that previous
claimants whose applications have been denied shall be allowed to refile claims with
the Board within the aforementioned six-month period,

Provided, further, that claims which have been granted and fulfilled, and those found
to be fraudulent, are not qualified for refiling with the Board.

Any opposition to the new and refiled application/s pursuant to Section 16 hereof
Shall only be entertained if such is filed within fifteen (15) days from the date of the
last publication of the official list of eligible claimants as may be determined by the
Board. The Board shall cause the publication of the offical list of eligible claimants
ones @ week for three (3) consecutive weeks in at least two (2) national newspapers
of general circulation,

Section 24. Appeal. — Any aggrieved claimant or oppositor may file an appeal within
ten (10) calendar days from the receipt of the Resolution of the Division, to the Board
€n banc, whose decision shall then become final and executory.

Section 25. Penalties; Applicability of the Revised Penal Code. — Any claimant who
is found by the Board, after due hearing, to have filed a fraudulent claim, shall be

15


referred to the appropriate office for prosecution. If convicted, he shall suffer the
imprisonment of eight (8) to ten (10) years, shall be disqualified from public office
and employment and shall be deprived of the right to vote and be voted for in any
national or local election, even after the service of sentence unless granted absolute

Any member of the Board and its Secretariat, public officer, employee of an agency
or any private individual mandated to implement this Act, who shall misuse,
embezzle or misappropriate the funds for the reparation of HRVVs or who shall
commit fraud in the Processing of documents and claims of HRVVs, or shall conspire
with any individual to commit the same, shall also be Prosecuted,

Any member of the Board and its Secretariat, public officer, employee of an agency
°F any private individual mandated to implement this Act, who may have boon found
Guilly of committing any or all of the prohibited acts stated in the preceding
Paragraph, or those acts punishable under the Revised Penal Code, shall be
Penalized under the pertinent provisions in the Code and relevant special penal laws.

Section 26. Roll of Victims. — Persons who are HRWVs, regardless of whether they
opt to seek reparation or not, shall be given recognition by enshrining their names in
a Roll of Human Rights Victims to be prepared by the Board.

CHAPTER V
FINAL PROVISIONS

Section 27. Guidelines for the Implementing Rules and Regulations (IRR). — In
implementing this Act and in formulating the corresponding rules and regulations,
ané to ensure that all applications are properly screened for fraudulent claims, the
Board must provide for:

1. Transparency in the processing of the claims:

2. A procedure that allows any concerned party to oppose an application
OF claim on the ground that it is fraudulent, fictitious or spurious and
Gives that party the opportunity to question the same and to present
evidence in support thereof: and

3. A procedure that is speedy and expeditious without sacrificing any of
the parties’ fundamental rights.

Within fifteen (15) days from the date of its organization, the Board shall promulgate
the necessary IRR and procedures for the effective implementation of this Act, The
IRR shall be effective fifteen (15) days after its publication in two (2) national
Newspapers of general circulation.


Section 28. Work Period; Sunset Clause. — The Board shall complete its work within
four (4) years from the effectivity of the IRR Promulgated by it. After such a period, it
shall become functus officio,

Provided that, all documents collected by the Board shall be turned over to the
Human Rights Violations Victims' Memorial Commission created under Section 27.

Provided further, that the Commission on Human Rights shall take over all the
remaining functions of the Board until such time that all qualified claims for
reparation have been fully satisfied.

Section 29. Repealing Clause. — All laws inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

Section 30. Separability Clause. — If any of the sections or Provisions of this Act is
held invalid, all the other provisions not affected thereby shall remain valid and
subsisting.

Section 31. Effectivity Clause. — This Act shall take effect fifteen (15) days from the
date of its publication in the Official Gazette or in at least two (2) national

newspapers of general circulation.

Approved,

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