Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BiLLNo, _ 1633

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

7 EXPLANATORY NOTE

‘Twenty-three years after the ouster of the late dictator Ferdinand Marcos through a popular
uprising in 1986, justice still eludes the martyrs and victims of his ruthless dictatorship; many
of them are impoverished and already dying.

in recognition of their inestimable suffering and loss due to worst forms of human rights
atrocities that they experienced and endured during the Marcos dictatorship — involuntary
disappearance, summary execution, torture, political imprisonment ~ this bill seeks to
provide compensation to the human rights victims of the Marcos dictatorship, as it affirms
the moral and legal obligation of the State to grant them indemnification, which is a
universally recognized fundamental principle of law and is a crucial element to the
fundamental human right to obtain redress for violations of substantive human rights and
norms

A careful distinction, however, is made between the responsibility of the State to recognize
human tights violations from that of the liability of the Marcos heirs. No amount of
compensation coming from public coffers can be considered as satisfying Marcos' personal
debe to the victims or giving effect to any settlement.

Today, in most countries that underwent authoritarian rule, there has been a growing
demonstrable commitment to redress past wrongs by instituting remedies for victims of
human rights abuses: The Philippines can do no less. 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 rights
violations.

Immediate approval of this bill is hence earnestly sought.

Approved,


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TEODORO A. CASINO

Bayan Muna Party-List

Leek? L ar hoe (0 nace)

Anakpawis Party-List Gabriela Women’s Party
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NIONIOT.. TINIO EME

ACT Teachers Party Gabriela Women’s Party

RAYMOND Y. PALATINO
Kabataan Party


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1693

HOUSE ‘BILL NO.

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

AN ACT
MANDATING COMPENSATION TO VICTIMS OF HUMAN RIGHTS
VIOLATIONS DURING THE MARCOS DICTATORSHIP FROM 1972 TO 1986
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 “Marcos Human Rights Victims
Compensation Act of 2010”

Section 2. Declaration of Policy. - Pursuant to Article U1, Section 11 and Article TI,
Section 12 and Section 12 (4) of the Constitution, it is hereby the declared policy of the
State to recognize the heroism of all the victims of summary execution, torture, involuntary
disappearance, and other gross human rights violations during the dark years of the Marcos
dictatorship,

‘The State acknowledges its moral and legal obligation to compensate all the human tights
vietims of the Marcos dictatorship for their inestimable suffering and loss, However,
compensation to victims of human rights violations under this Act shall be separate and
distinct from indemnification arising from any court award or settlement agreement which
such persons may be entitled to receive from the Estate of Ferdinand E. Marcos and other
non-government sources.

Section 3. Marcos Human Rights Victims Compensation Fund. — The amount of Ten
Billion Pesos (P 10,000,000,000.00) necessary to carry out the provisions of this Act shall be
included in the General Appropriations Act and shall be known as the “Marcos Haman Rights
Vitis Compensation Fund.”


Section 4. Who are entitled to compensation. Any individual who is hereafter determined
as a victim of the following human rights violations during the Marcos dictatorship from
September 21, 1972 to February 25, 1986, bur who was not a party to the Human Rights
Litigation Against the Estate of Ferdinand E. Marcos (MDL 840) in the United States Federal
Court System in Hawaii, shall be compensated for damages for their state-sponsored loss
and suffering from the Ten Billion Pesos (P10,000,000,000.00) appropriated under this Act
for the “Marcos Human Rights Victims Compensation Fund”:

(@) Search, arrest and/or detention without a valid search warrant or warrant of attest
issued by a civilian court of law, including any warrantless arrest or detention carried
out pursuant to the declaration of martial law by President Ferdinand Marcos as well as
any arrest or detention carried out on the basis of an “Arrest, Seige and Seizure Order”
(ASSO), a ‘Presidential Commitenent Order” (PCO) ox a “Preventive Detention Action” (PDA)
which are, under this Act, deemed illegally issued by President Marcos;

(©) Involuntary disappearance, killing, torture, or infliction of physical injuries by any of
the following agents of the Marcos dictatorship:

[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 (CHDF) from September 21, 1972 to February
25, 1986, as well as any member of a paramilitary group not organically patt of
the PC, INP, AFP or CHDF but under the operational control or supervision of
any other agent of the State or had received or possessed any money, equipment
or other property of or from the State;

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

[3] ‘Those persons referred to in Executive Order Nos. 1, 2 and 14s, 1986, including
Ferdinand Marcos, his spouse Imelda Marcos, as well as those persons, relatives,
associates and subordinates referred to in said laws.

For the victims who are already deceased, their spouse, children, parents, relative/s within
the fourth civil degree or such other person named by 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 sights violation under this Act.

Section 5. Amount of Compensation. — The amount of compensation to be awarded to a
human rights victim during Martial Law shall be based on the following factors:

(@) Victims of involuntary or enforced disappearance shall reccive the highest amount of
‘compensation, which shall be fixed and uniform among all qualified claimants;


(©) Victims of summary execution shall receive the next highest amount of compensation,
which shall be fixed and uniform among all the same claimants;

(©) Victims of torture and illegal detention shall receive the basic amount of
compensation, which shall be fixed and uniform among all the same claimants
regardless of the length of detention, physical and psychological injury suffered, or
method of torture used upon the victim;

Section 6. Recognition of and Apology to Human Rights Victims of the Marcos
Dictatorship. — All human tights victims during mardial law, independently of any award of
compensation and including those, who choose not to receive compensation, shall be
recognized by the State as such human rights victims and shall receive an official apology
from the State, through the Commission for the Compensation and Recognition of Human Rights
Viatims of Martial Law, which nature and functions are defined in the immediately succeeding
section,

Furthermore, for purposes of historical and official recognition, the State shall establish a
roster of the names of the human rights violation victims of this era and shall also cause the
construction of statues, memorials, monuments or museums in memory of the important
tole and sacrifice made by the martyrs and heroes of the martial law era. 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 7. The Commission for the Compensation and Recognition of Human
Rights Victims of Martial Law. —'These shall be created an independent Coremission forthe
Compensation and Recognition of Human Rights Victims of Martial Law which hereinafter shall be
tasked with the implementation of this Act.

(a) Composition. — The seven-member Commission shall be composed of a Chairperson,
Vice-Chairperson and five (5) members of known probity, integrity and human rights
advocacy:

[1] ‘The Chairperson of the Commission on Human Rights (CHR) who shall hold,
excofcia, the position of Commission Chairperson;

[2] A retired justice of the Supreme Court who shall hold the position of
Commission Vice-Chairperson;

[3] One (1) representative cach from the following three (3) non-government human
rights organizations extant during martial law and which are still actively involved
in advocating for the rights of human rights victims, namely the Samaban ng mga
Fxe-Detainees Laban sa Detensyon at para sa Anmestiya (SELDA), Friends and Families
of Victims of Disappearances (FIND) and the Task Force Detainees of the Philippines
(TFD), as members of the Commission;

{4} The Chief Librarian of the University of the Philippines Main Library, which is
the current repository by various human rights organizations of imporant
documents and records of the Marcos dictatorship period; and


[5] One (1) known human rights advocate from the legal profession.

(b) Appoinement, — The President shall appoint the members of the Commission, except
the position of Chairperson which shall be assumed by the Chairperson of the Commission
on Human Rights in an ex-officio capacity, from a list of nominees submitted by the CHR and
the three (3) human rights organizations referred to in Section 7 (a) [3]: Provided, That any
member of the Commission who is an applicant under this Act shall inhibit himself/herself
with respect to his/her application.

(©) Powers and Functions. — The Commission shall have the following powers and
functions:

{1} Receive all claims and supporting documents filed pursuant to Section 8 of this
A

(2] Verify all claims under this Act within sixty (60) working days from the submission

of the documents;
1] Administer oath, issue subpoena duces tecum and ad testfcandum, receive testimony and
conduct hearings, as may be necessary, to verify or evaluate applications filed;

[4] Approve or deny a claim within thirty (30) working days after the completion of
the investigation earlier specified;

(5 Deputize such appropriate government agencies and/or government officers and
personnel as well as non-government human rights organizations to perform
functions or tasks as may be necessary for the effective discharge of their functions
and responsibil

[6] Fix the amount of compensation to be awarded to the human rights victims who
filed their claims under Section 8 hereof in accordance with Sections 5;

[7] Resolve any motion for reconsideration on a denial of an application ot on the
amount of compensation awarded within seven (7) working days from the date
such motion is filed with the Commission. All decisions of the Commission shall
be final and executory; and

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

(@ Operational Budget. ~ The operational budget of Ten Million Pesos
(P10,000,000.00) necessary to fund the initial operations of the Commission created under
this Act shall be sourced from the President's Social Fund. This budget shall be entirely
separate and distinct from the fund established for the purpose of providing compensation
to the victims under this Act. Thereafter, such funds as may be necessary for the continued
implementation of this Act shall be included as a separate item under the annual General
Appropriations Act.

Section 8. Period for Filing of Claims. — Any human tights victim during the Marcos
dictatorship defined under Section 4 of this Act shall file an application for compensation
and/or recognition within one (1) year from the date of publication of the implementing
rules and regulations of this Act.

All applicants under this Act shall execute a detailed sworn statement, narrating the
circumstances of the human rights violation committed against him/her, accompanied by


any of the following: relevant photographs, letters, birth, medical and/or death certificates,
pleadings and other judicial or quasi-judicial documents, documentation from local and
international human rights organizations, newspaper or videotaped accounts, or materials
including corroborative statements or testimonies of witnesses, or any other supporting
documents or evidence that may be required for verification, and award of any
compensation.

Section 9, Documentation of Claims. — All documents and other relevant materials shall
be compiled by the Commission, with the assistance of the University of the Philippines
Main Library, the National Library, the National Historical Institute (NHI), the Commission
on Human Rights (CHR), and such other government and non-government organizations
that the Commission may engage for purposes of documenting and establishing an archive
of human rights violations during martial law.

Section 10. Implementation. ~The Commission is hereby mandated to implement this
Act. They shall ensure that the funds appropriated are properly disbursed in accordance with
the policy stated by Congress.

“The Chairperson of the CHR within fifteen (15) days from the effectivity of this Act shall,
upon consultation with human rights organizations and together with the three (3) human
rights organizations referred to in Section 7 (a)(3), submit to the President the list of
nominees for members of the Commission. The President shall appoint the members of the
Commission within fifteen (15) days from the said submission.

‘The Commission shall promulgate and publish the rules and regulations necessary for the
effective implementation of this Act within sixty days (60) days from their organization, In
coordination with the Philippine Information Agency (PIA) and the Department of Interior
and Local Government (DILG), it shall ensure that information about the possibility of
obtaining compensation under this Act shall be given the widest dissemination nationwide
through all the tri-media and official bulletins in all barangays.

Section 12. Repealing Clause. — All laws, decrees, executive orders, rules and regulations,
6 parts thereof inconsistent with any of the provisions of this Act, including Section 63 (b)
of Republic Act No. 6657, as amended, otherwise known as the Comprehensive Agrarian
Reform Law of 1988, are hereby repealed or amended accordingly.

Section 13. 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.

Section 14. Effectivity. — This Act shall take effect fifteen (15) days after its complete
publication in two (2) national newspapers of general circulation.

Approved,