.,i"lllttl' 
(rj)f(It. of the,meiMij 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'10 
NOV 25 P 6 :07 
SENATE 
S. No. 2615 
Introduced by Senator Sergio Osmeiia III 
EXPLANATORY NOTE 
Eighteen years after the ouster of former President Ferdinand E. Marcos, the human 
rights violations during the dictatorship still elude justice. To the thousands of Filipinos 
whose civil and political rights were violated by the regime, this injustice is still a painful 
wound unhealed by the passage of time. 
From June 30, 1965, when Marcos became President, to September 21, 1972, when he 
declared Martial Law and until February 25, 1986, when the Filipino people finally 
ousted his regime in the first peaceful people Power revolution in our history, thousands 
of Filipino men and women struggled against the dictatorship. They came from all 
sectors of Philippine society -
militant workers and peasants, student activist, 
indigenous communities, patriotic businessmen, conscientious public servants, religious 
workers, Filipinos forced into exile, journalist, teachers, lawyers, doctors and other 
professionals, rebels from the underground and from among the Moro and Cordillera 
people. 
The violations of human rights committed by the Marcos regime were as varied as its 
victims. Those with businesses or property coveted by the regime were forced to give 
up their assets. The greed of the dictator was matched only by the brutality of his 
dictatorship. Those who opposed his rule were arrested, and detained under the 
regime's travesty of a legal system. Many were subjected to torture and unspeakable 
acts of cruelty. Others became victims of 'forced disappearances' and remain missing to 
this day. Many more were summarily executed, 'salvaged' in secret, or killed in ruthless 
public massacres. Others were forced into exile abroad. One of them came back 
believing the filipino people were worth dying for. What eventually became a People 
Power revolution would not have been possible without the struggle waged by the 
thousands of Filipinos who fell or suffered in the darkest days of the dictatorship. 
Those who survived as well as the families' left behind by those who died still bear the 
scars of that struggle. Eighteen years after the ouster of the Marcos dictatorship, the 
victims of its human rights violations have not received any reparation for the pain they 
went through or for the loss they suffered. This bill proposes to correct that injustice. 


· '\ 
First, it acknowledges that compensation for victims of human rights violations is an 
obligation of the State. After all, it is the state that guarantees the civil and political rights 
of its citizens. 
Second, the bill formally recognizes both the various forms of human rights violations 
committed during the Marcos dictatorship and those who were its victims. It gives prima 
facie recognition as human rights victims the more than 9,000 class suit plaintiffs who, 
ironically, found justice against the Marcos dictatorship in a foreign court. It establishes 
the criteria for compensating victims of human rights violations. 
Third, it provides the statutory basis .and guidelines for awarding compensation. It 
harmonizes the constitutional mandate to recover ill-gotten wealth from the Marcoses 
and their cronies with the means by which part of the funds so recovered may be used 
to compensate human rights victims. 
Fourth, the bill sets aside a portion of the Swiss bank deposits held in escrow, subject of 
Civil Case 141 decided by the Sandiganbayan for the recovery of the ill-gotten wealth of 
the Marcoses as the source for compensation, even as it already appropriatl?s a fund 
separate from the deposits in escrow. 
Fifth, the bill directs the Commission on Human Rights (CHR) and the 'Presidential 
Commission on Good Government (PCGG) to implement the law. 
Finally, it recognizes the need to officially document the history of human rights 
violations under the Marcos regime. It directs the CHR, the PCGG, the National 
Historical Institute (NHI) and the University of the Philippines (UP) to submit a report to 
the President, to Congress and to the Supreme Court. Ultimately, it recognizes the need 
to tell the truth about that part of Filipino history so it may hopefully never happen again. 
The immediate passage of this bill is urged upon the members of this chamber so as to 
meet the urgency of granting the long-delayed compensation for the human rights 
victims and to comply with the Republic's bilateral as well as multilateral legal 
obligations arising from human rights law and litigation. 
1·)vMith-
SERGIO OSMENA III.J. 
Senator 
r' 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'10 
NOV 25 P 6 :07 
SENATE 
Senate Bill No. 2615 
RECElVED BY:-@:-
Introduced by Senator Sergio Osmefia III 
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: 
SECTION 1. Short Title. This Act shall be known as the "Human Rights Victims 
2 
Compensation Act of 2010". 
3 
SEC. 2. 
Declaration of Policy. - Article II, Section 11 of the Constitution of the 
4 
Republic of the Philippines declares that the State values the dignity of every human 
5 
person and guarantees full respect for human rights. Pursuant to the declared policy, 
6 
Article III, Section 12 of the Constitution prohibits the use of torture, force, violence, 
7 
threat, intimidation, or any other means which vitiate the free will even as the Constitution 
8 
mandates the compensation and rehabilitation of victims of torture or similar practices, 
9 
and their families. Article XIII, Section 18(6) of the Constitution also directs the 
, 
10 
Commission on Human Rights (CHR) to recommend to the Congress effective measures 
11 
to promote human rights and to provide for compensation to victims of human rights 
12 
violations, or their families. By virtue of Article II, Section 2 of the Constitution adopting 
13 
generally accepted principles of international law as part of the law of the land, the 
14 
Philippines must also adhere to international human rights laws and documents, including 
15 
the International Covenant on Civil and Political Rights (ICCPR) which imposes on each 
16 
State party the obligation to take the necessary steps to adopt such laws to give effect to 
17 
the rights recognized therein and to ensure that any person whose rights or freedoms 


1 
have been violated shall have an effective remedy even if the violation is committed by 
2 
persons acting in an official capacity. 
3 
Consistent with the foregoing, it is hereby declared the policy of the State to 
4 
recognize the heroism of all Filipinos who were victims of summary execution, torture, 
s. 
involuntary disappearance and other gross human rights violations committed during the 
6 
regime dictatorial of former President Ferdinand Marcos covering the period from 
7 
September 21, 1972 to February 25, 1986. The State hereby acknowledges its moral and 
8 
legal obligation to recognize and/or compensate said victims and/or their families for the 
9 
deaths, injuries, sufferings, deprivations, and damages they suffered under the Marcos 
10 
regime. In declaring this policy, the State also takes into account the adherence of the 
11 
Republic of the Philippines to the Universal Declaration of Human Rights and the 
12 
December 10, 1997 Swiss Federal Supreme Court decision granting anticipatory 
13 
restitution to the Philippines of certain Swiss bank deposits forming part of the ill-gotten 
14 
wealth of Ferdinand Marcos, which decision urges that the Philippines take steps to 
15 
compensate the victims of human rights violations under the Marcos regime. 
16 
SEC. 3. 
Definition of terms. -
In this Act, the following terms shall be understood 
17 
as follows: 
18 
a. 
"Human Rights Violation" - A human rights violation, under this Act shall 
19 
include, but not be limited to, any of the following acts or omissions during the period from 
20 
September 21,1972 to February 25,1986 by persons acting in an official capacity and/or 
21 
agents of the State: 
22 
23 
24 
25 
26 
27 
28 
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 Seize and Seizure Order (ASSO)", a "Presidential 
Commitment Order (PCO)" or a "Preventive Detention Action (PDA)" as 
:i 


, "'. 
2 
3 
4 
5 
6 
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8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
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25 
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27 
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they were defined by decrees of Ferdinand 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 upon, or torture or killing or violation of 
other human rights, of any person peacefully exercising c!vil or political 
rights, including the 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 circumstance shall be considered a 
human rights violation; 
3. 
Causing, through force or intimidation, the involuntary exile of a person 
from the Philippines; 
4. 
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; 
5. 
Causing, committing and/or conducting any of the following acts or 
series of acts: 
(a) 
(b) 
(c) 
involuntary disappearances; 
saturation drives and/or "zona"s; 
"ham letting" and/or food blockades; 
3 


(d) 
stealing or otherwise exploiting children of persons they 
2 
suspected to be engaged in acts against the Marcos regime; 
3 
(e) 
committing sexual offenses against detainees and/or in the 
4 
course of conducting military and/or police operations; and 
5 
(f) 
violation of the rights of freedom of the press by causing the 
6 
closure of and imposing prior restraint on media facilities, 
7 
detention of its editors and/or writers; 
8 
(g) 
violation of the rights of freedom of speech and assembly, by 
9 
preventing peaceful assemblies and demonstrations, dispersing 
10 
them with water cannons 
and 
hitting 
participants with 
11 
truncheons and the like and inflicting injury; 
12 
(h) 
violation of the rights of labor by preventing and dispersing 
13 
peaceable strikes; 
14 
(i) 
other violation and/or abuses similar or analogous to the above 
15 
including those recognized by international law. 
16 
b. 
"Human Rights Violation Victim" (HRW) -
For the purpose of this Act, a 
, 
17 
victim of a human rights violation is one whose human rights were violated by persons 
18 
acting in an official capacity and/or agents of the State as these terms are defined herein. 
19 
In order to qualify for compensation under this Act, the human rights violation must have 
20 
occurred during the period from September 21, 1972 to February 25, 1986: Provided, 
21 
however, That victims of human rights violations that occurred within one month after 
22 
February 25, 1986 shall be entitled to compensation under this Act if they can establish 
23 
that: 
24 
(i) 
the violation was committed by agents of the State/persons acting in an 
25 
official capacity loyal to the Marcos regime; and 
26 
(ii) 
the violation was committed for the purpose of preserving, maintaining, 
27 
supporting or promoting ,the said regime. 
4 


c. 
"Persons Acting in an Official Capacity/Agents of the State" - The following 
2 
persons shall be deemed persons acting in an official capacity and/or agents of the State 
3 
. under this Act: 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
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 26, 1986 as well as any civilian agentls attached 
thereto; and any member of a paramilitary group even if he is not 
organically part of the PC, INP, AFP or CHDF 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 acting in an official capacity/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 
18 
Ferdinand Marcos, his spouse Imelda Marcos, their immediate 
19 
relatives by consanguinity or affinity, as well as those persons, 
20 
relatives, associates, and subordinates pursuant to said law, shall be 
21 
deemed agents of the State under this Act. 
22 
SEC. 4. Prima Facie Finding that One is a Human Rights Victim Under This Act. 
23 
-
The nine thousand and five hundred thirty-nine (9,539) persons named as class suit 
24 
plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand E. Marcos and in 
25 
whose favor a final and executory judgment has been rendered by the United States 
26 
District Court in the State of Hawaii shall be entitled to the disputable presumption that 
27 
they are human rights violation victims (HRW) as defined in this Act. This disputable 
5 


presumption is subject to validation and may be contradicted or rebutted by competent 
2 
evidence. 
3 
SEC. 5. Conclusive finding that one is a Human Rights Victim. - Any person/s who 
4 
have secured or can secure in their favor a judgment or award of damages from any court 
5 
of the Philippines arising from a human rights violation as defined in section 3 of this Act, 
6 
even if the said judgment has not yet become final and executory, shall be considered 
7 
conclusively as a human rights victim without need of further proof. 
8 
SEC. 6. Other Claimants. - Any person who does not fall under the preceding 
9 
sections 4 or 5 but was a human rights victim can file a claim with the human rights 
10 
claims board for compensation and/or recognition. 
11 
A claimant under section 4 whose claim has been disallowed by the aforesaid 
12 
board cannot file a claim under this section. 
13 
SEC. 7. 
Compensation. - Any HRV qualified under this Act shall receive 
14 
compensation from the State as hereinafter prescribed: Provided, That for HRW's who 
15 
are deceased, the HRW's spouse, children, parents, nearest relative within the fourth 
16 
civil degree of consanguinity and/or affinity, or such other person named by the executor 
17 
or administrator of the deceased HRW's estate in that order, shall be entitled to receive 
18 
such compensation: Provided, further, That any compensation received under this Act 
19 
shall be without prejudice to the receipt of any other sum by the HRW fro(ll any person 
20 
other than the Republic in any case involving any human rights violation as defined by 
21 
this Act. 
22 
SEC. 8. Amount of Compensation. - The amount of compensation under this Act 
23 
shall be in proportion to the gravity of the human rights Violation committed on the HRW. 
24 
SEC. 9. 
Source of Compensation. - The funds transferred through the December 
25 
10, 1997 Order of the Swiss Federal Supreme Court and presently held in escrow in 
26 
connection with Civil Case No. 141 where the Supreme Court rendered judgment in favor 
27 
of the Republic of the Philippines shall become the principal source of funds for The 
6 


implementation of this Act. The said judgment has become final and executory and is now 
2 
disposable. 
3 
SEC. 10. 
Transfer of Funds. - From the aforesaid judgment described in the 
4 
preceding paragraph the amount of $200,000,000.00 is hereby set aside and 
5 
appropriated to fund the purposes of this Act. 
6 
SEC. 11. Documentation of Human Rights Violations by the Marcos Regime. 
7 
- As part of the implementation of this Act and without prejudice to any other documentary 
8 
or other evidence that may be required for the award of any compensation, any HRW 
9 
seeking compensation under this Act shall execute a detailed sworn statement, 
10 
accompanied by photographs, letters, death certificates, pleadings and other judicial or 
Jl 
quasi-judicial documents, newspaper or videotaped accounts, or materials including 
12 
corroborative statements of witnesses, narrating the circumstances of the human rights 
13 
violation committed against him. Such materials along with any other relevant documents 
14 
shall be compiled by the agencies mandated to implement this Act, with the assistance of 
15 
the National Historical institute (NHI), the University of the Philippines (UP) and such 
16 
other non-governmental organizations (NGO) they may engage. Their report shall be 
17 
submitted to the President, the Congress and the Supreme Court within one year from 
18 
the effectivity of the Act. 
19 
SEC. 12. Human Rights. Claims Board; Creation; Composition; Secretariat. -
20 
(a) There is hereby created an in dependent and quasi-judicial body to be known as 
21 
the Human Rights Claims Board to be composed of one (1) Chairperson and four (4) 
22 
members of known probity and with a deep understanding of the human rights violations 
23 
committed during the autocratic rule of President Marcos to be appointed by the 
24 
President, as follows: 
25 
26 
27 
a. 
Two (2) representatives from the public sector to be appointed by the 
President, one of whom shall be chosen by the vote of 2/3 of all the 
members as the Chairperson. 
7 


2 
3 
4 
5 
6 
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8 
9 
10 
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12 
13 
b. 
Three (3) representatives of the following non-governmental organizations 
(NGOs) who were active in attending to the needs of human rights victims 
during the period covered, to be nominated collectively by said NGOs and 
appointed by the President, as members: Provided, That each of the NGO's 
mentioned below may not have more than one representative on the Board 
at any given time: 
1. 
Task Force Detainees of the Philippines (TFDP); 
2. 
3. 
4. 
5. 
6. 
7. 
Association of Major Religious Superiors (AMRSP); 
National Secretariat for Social Action (NASSA): 
Medical Action Group (MAG); 
Free Legal Assistance Group (FLAG); 
Movement of Attorneys tor Brotherhood and Integrity (MABINI); and 
Protestant Lawyers League of the Philippines (PLLP). 
14 
(b) The Human Rights Board shall be attached but shall not be under the 
15 
Commission on Human Rights. 
16 
(c) The Board shall organize itself within 30 days from completion of the 
17 
appointment of at least four members of the Board: thereafter, and within thirty (30) days, 
18 
the board shall organize its secretariat under the rules it shall promulgate. 
19 
SEC. 13. 
Proper Disposition of funds. - The Board shall ensure that the funds 
20 
appropriated or which may become available as compensation for human rights victims 
21 
are properly disbursed in accordance with the policy stated by Congress. The Board shall 
22 
likewise ensure that the human rights violations committed by the Marcos regime are 
23 
thoroughly documented. Accordingly, the Board shall promulgate the rules, guidelines, 
24 
procedure and criteria necessary to implement this Act within thirty (30) days from date of 
25 
its organization, which shall be submitted for approval to the Congressional 
26 
Oversight Committee composed of three (3) senators and three (3) congressmen. Upon 
27 
approval of the implementing Rules and Regulations by the Congressional Oversight 
28 
Committee, the Committee shall be functus oficio and shall be disbanded. 
8 


SEC. 14. 
Guidelines for the Implementing Rules. - In implementing this Act and 
2 
in formulating the corresponding rules and regulations, and to ensure that all applications 
3 
are properly screened for fraudulent claims, the rules must provide for: 
a. 
Transparency in the processing of the claims; 
4 
5 
6 
b. 
A procedure that allows any concerned party to oppose an application or 
claim on the ground that it is fraudulent, fictitious, 
or spurious, and gives 
7 
that party the opportunity to question the same and to present evidence in 
8 
support thereof; and 
9 
c. 
A procedure that is speedy and expeditious without sacrificing any of the 
10 
parties' fundamental rights. 
11 
SEC. 15. 
Powers and Functions of the Board. - The Board shall have quasi-
12 
judicial powers and functions, as follows: 
13 
a) to receive, evaluate, process and investigate applications for claims under this 
14 
Act; 
15 
b) to conduct independent administrative hearings and resolve applications for 
16 
claims, grant or deny the same; 
17 
c) to deputize appropriate government agencies in order to effectively implement 
18 
its functions; 
19 
d) to promulgate rules and regulations in order to carry out the objectives of this 
20 
Act; and 
21 
e) to issue, serve and enforce subpoenas ad testificandum and subpoenas duces 
22 
tecum. 
23 
SEC. 16. Determination of Award. - The Board shall follow the point system in the 
24 
determination of the award. The range shall be 1 to 10 points, as follows: 
25 
a) 
victims who died shall be given 9 to 10 points 
26 
b) 
victims who were tortured shall be given 4 to 9 points 
27 
c) 
victims who were detained shall be given 2 to 4 points 
9 


d) 
2 
victims who were harassed and economically disadvantaged shall be given 
1 to 2 points. 
3 
In each category, victims who had suffered more would receive more points. In 
4 
instances were a victim had suffered in more than one category, the victims shall be 
5 
awarded only the points in the higher category. 
6 
The Board shall collate and add-up all the points awarded to all the claimants and 
7 
divide the total amount to be awarded under this Act with the total number of points 
8 
collated to determine how much each point would be entitled. 
9 
Each claimant would then be awarded with the number of points he was awarded 
10 
multiplied by the value of one point. 
11 
SEC. 17. Penalties. - Any claimant who is found by the Board, after due hearing, 
12 
to have filed a false claim, shall be referred to the appropriate office for prosecution. If 
13 
convicted, he shall suffer imprisonment of eight to ten years and shall be deprived of the 
14 
right to vote in any election for any popular elective office or to be elected to such office; 
15 
he shall also be deprived of the public offices and employments which he may have held; 
16 
and shall be disqualified for any public office or employment. 
17 
SEC. 18. Roll of Victims. - Persons who are found to be human rights victims but 
18 
who opt not to collect compensation shall be given recognition by enshrining their names 
19 
in a Roll of Human Rights Victims to be prepared by the Board. The Roll shall be filed 
20 
with the National Library and in such offices or agencies, national and international, which 
21 
are dedicated to the prevention of human rights abuses. 
22 
SEC. 19. Period. - The Board shall complete their work within one year from the 
23 
approval of the Implementing Rules and Regulations unless the same is extended by an 
24 
Act of Congress. 
25 
SEC. 20. Appropriations. -
The initial amount of ten 
milli~n pesos (p 
26 
10,000,000.00) from the presidents contingency fund shall be used for the establishment 
27 
of human rights claims board to be refundable from the amount of two hundred million 
28 
dollars ($200,000,000.00) stated in section 10. 
10 


SEC. 21. 
Repealing Clause. - All laws, decrees, executive orders, rules and 
2 
regulations, or parts thereof inconsistent with any of the provisions of this Act including 
3 
Section 63(b) of Republic Act No. 6657, as amended, otherwise known as the 
4 
Comprehensive Agrarian Reform Law of 1998, are hereby repealed or modified 
5 
accordingly. 
6 
SEC. 22. 
Separability Clause. -
If, for any reason, any section or provision of 
7 
this Act is declared unconstitutional or invalid, such other sections or provisions not 
8 
affected thereby shall remain in full force and effect. 
9 
SEC. 23. 
Effectivity Clause. -
This Act shall take effect fifteen (15) days after 
10 
its complete publication in at least two (2) national newspapers of general circulation. 
11 
Approved, 
11