SEVENTEENTH CONGRESS OF THE REPUBLIC)

OF THE PHILIPPINES ) DATE: 30 NIN 2013
First Regular Session )

Tine: 2

HOUSE OF REPRESENTATIVES

: REEISTRATON UNIT
HB.No.__226

BILLS AND INDEX SERVICE

Introduced by Representative Herminio Harry L. Roque Jr

AN ACT AMENDING REPUBLIC ACT NO. 10368, PROVIDING REPARATIONS:
FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS, CREATING A PERMANENT
HUMAN RIGHTS CLAIMS BOARD, AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

Human rights violations should not be countenanced nor ignored by any society.
The State is liable to pay reparations to victims of human rights violations committed by
any of its agents as part of its legal and constitutional duty to provide an effective

remedy to victims of such violations.

Indeed, the right to reparation is a well-established principle of international law:
international human rights treaties provide for it ; itis recognized by the jurisprudence of many
international and domestic courts; the United Nations General Assembly itself, in 2005,
adopted the Basic Principles and Guidefines on the Right to a Remedy and Reparation for
Victims of Violations of International Human Rights and Humanitarian Law, thus contributing

to the codification of norms relating to the right to reparation.

This Act highlights the obligations of the State to ensure that human rights are

protected within its territory, as well as the reprehensible nature of such violations, The

responsibility of the State to pay reparations is over and above the personal liability of

the perpetrator of the human rights violations.


“This proposed law is also being forwarded so that the State will also ensure that
agents, agencies or instrumentalities will be minded to refrain from abusing their

authority by violating human rights.

HERMINIO HARRY L. ROQUE JR.


SEVENTEENTH CONGRESS OF THE REPUBLIC _)
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

HB.No,__ 226

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT AMENDING REPUBLIC ACT NO. 10368, PROVIDING
REPARATIONS FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS,
CREATING A PERMANENT HUMAN RIGHTS CLAIMS BOARD, AND FOR
OTHER PURPOSES

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

SECTION 1. - Republic Act No. 10368 is hereby amended to read as follows:

“SECTION 1. Short Title. - RA 10368 shall henceforth be known as “AN AN ACT
PROVIDING FOR THE ESTABLISHMENT OF A PERMANENT HUMAN RIGHTS.
CLAIMS BOARD TO HEAR AND AWARD CLAIMS FOR REPARATION AND
RECOGNITION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOS!

“SECTION 2. Declaration of Policy. - Section 11 of Article II 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. Under
Section 2, Article II of the Constitution adopting generally-accepted principles of
international law as part of the law of the land and asa state party to many human

rights treaties, the Philippines is constitutionally and legally bound to provide

reparations to victims of human rights violations as an essential element of the right


to effective remedy. Article 2 of the International Covenant on Civil and Political
Rights (“ICCPR") recognizes a “right to an effective remedy.” Article 14 of the
Convention Against Torture (CAT) mandates a State Party to “ensure in its legal
system that the victim of an act of torture obtains redress and has an enforceable
right to fair and adequate compensation, including the means for as full
rehabilitation as possible.” Article 6 of the International Convention on the
Elimination of All Forms of Racial Discrimination (“ICERD”) makes it an obligation
of States Parties to assure “effective protection and remedies” and access to “just and
adequate reparation or satisfaction” for violations of the rights contained therein.

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

(a) 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 or by anyone
acting under the instructions, acquiescence or support of the State or any of its
agents, officials, instrumentalities and agencies.

(b) Human rights violation refers to any act or omission committed by
persons acting in an official capacity and/or agents of the State, or by anyone acting
under the instructions, acquiescence or support of the State or any of its agents,
officials, instrumentalities and agencies, but which acts 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;


(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 political rights, including but not limited to the freedom of
speech, assembly or organization; and/or 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 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/s and or their families,
deprivation of livelihood of a person by agents of the State, or by anyone acting
under the instructions of agents of the State or of any instrumentality, agency or
official of the State

() Any act in violation of International Humanitarian Law, including those
penalized under Republic Act 9851, the International Humanitarian Law Act,

rovided the act is committed by an agent of the State,


1

20

2

22

23

(6) Any act or series of acts causing, committing and/or conducting the
following:

(i) Kidnapping or otherwise exploiting children of activists, political
dissidents, human rights workers or human rights defenders;

(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) 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.

(a) Persons Acting in an Official Capacity and/or 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 law enforcement agencies, including, but not limited
to the Philippine National Police (PNP), the Bureau of Jail Management and
Penology (BJMP), the Bureau of Fire Protection (BFP), the National Bureau of
Investigation (NBI), the Philippine Coastguard (PCG), the Armed Forces of the
Philippines (AFP), any civilian agent attached thereto; and any member of a
paramilitary group even if one is not organically part of the aforementioned agencies

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;

(4) Any person or group/s of persons acting with the authorization, support
or acquiescence of the State;

(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”.

“SEC. 7. Source of Funds for Organization and Reparation. — In addition to the amount
of Ten billion pesos (P10,000,000,000.00) plus accrued interest which form part of the
funds transferred to the government 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, which had been earlier
earmarked as the principal source funds for the implementation of this Act, an
additional amount of One Billion pesos (P 1,000,000,000.00) is hereby appropriated

for the establishment of a Permanent Human Rights Claims Board.


4

“SEC. 8. Creation and Composition of the Human Rights Victims’ Claims Board. — There
is hereby created an independent and quasi-judicial body to be known as the Human
Rights Victims’ Claims 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
humanitarian law;

(0) At least three (3) of them must be members of the Philippine Bar who have been
engaged in the practice of law for at least ten (10) years; and

(d) Must have a clear and adequate understanding and commitment to human rights

protection, promotion and advocacy.

The Human Rights Victims’ Claims Board shall be attached to but shall not be under

the Commission on Human Rights (CHR),

The Board under this Act shall organize itself within thirty (30) days from the
completion of appointment of all nine (9) members and shall thereafter organize its
Secretariat, provided that the members of the old Board created to pay reparations
to the victims of the Marcos regime shall act in a holdover capacity until such time

that new members of the Board have been appointed under this Act.

“SEC. 9. Appointment to the Board, ~ The President shall appoint the
Chairperson and the other eight (8) members of the Board:Provided, That human
rights organizations and other interested parties or individuals may also submit
nominations to the President.

“SEC. 21. Documentation of Human Rights Violations — In the implementation
of this Act and without prejudice to any other documentary or other evidence that

may be required for the award of any reparation, any HRVV seeking reparation shall


16

7

execute a detailed sworn statement narrating the circumstances of the pertinent
human rights violation/s committed.

“SEC. 27. Human, Rights Violations Victims’ Memorial Commission.. — There is
hereby created a Commission to be known as the Human Rights Violations Victims’
Memorial Commission, hereinafter referred to as the Commission, primarily for the
establishment, restoration, preservation and conservation of the
Memorial/Museum/ Library /Compendium in honor of the HRVVs during the
Marcos regime, as well as of other HRVVs as may be appropriate.

“SEC. 29. Work Period;. — The Human Rights Claims Board shall begin its
work within three months after the old Board created to implement the Act for the
compensation of the victims of the Marcos regime shall have completed its work.
“SEC. 30. Separability Clause. — If, for any reason, any section or provision of this
Act is declared unconstitutional or invalid, such other sections or provisions not
affected thereby shall remain in full force and effect.”

“ SEC. 32. Effectivity Clause. — This Act shall take effect immediately upon
publication in the Official Gazette or in at least two (2) national newspapers of general

circulation.