Republic of the Philippines

HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila iS RECEIVED ”
Fare 30 JUN 5,
= TIME 2 Ew pn
TWENTIETH CONGRESS & wy fue
First Regular Session
HOUSE BILL NO.580

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

This bill seeks to fully implement and enforce the provisions of the Constitution on the duties
and accountabilities of the government on the matter of human rights based firstly on two of the
five principles in Article II of the 1987 Constitution: “Section 4. “The prime duty of Government
is to serve and protect the people...” and “Section 5. “The maintenance of peace and order, the
protection of life, liberty and property and promotion of the general welfare are essential for the
‘enjoyment by all the people of the blessings of democracy."

Secondly, the “heart” of the Constitution according to the President of the 1986
Constitutional Commission, former Associate Justice of the Supreme Court Cecilia Munoz-Palma
are its provisions on social justice and human rights as provided, among other provisions, in Article
Il, Section 11: “The State values the dignity of every human person and guarantees respect for
human rights.” and in Section 12, par. (4) of the Bill of Rights which, in addition to penal and civil
sanctions, provides for “compensation tor rehabilitation of victims of torture or similar
practices...." Thus, in Article XIII, among the functions of the Commission on Human Rights is
Sec.18, par. (6): “To recommend to Congress effective measures to promote human rights and.to
provide compensation to victims of violations of human rights and their families."

Despite these constitutional guarantees, numerous cases of gross human rights violations
including torture, extrajudicial killings, enforced disappearances, and arbitrary detentions, continue
to persist, leaving countless victims without adequate reparation. Acknowledging the suffering and
losses endured by human rights violations victims (HRVVs) and their families is not merely an act
of charity but a recognition of the government's commitment to promoting justice, ensuring
accountability by state actors, and protecting every Filipino’s human rights. For many victims and
their families, the impact of human rights violations extends far beyond physical harm—it
encompasses loss of livelihood, psychological trauma, and long-term emotional distress. The
effects are often felt for generations, perpetuating cycles of poverty and marginalization.

While the Commission on Human Rights has a program of assistance to victims of human
rights violations, the amounts and the coverage of the assistance and compensation provided by
these programs are limited and inadequate. There is no enabling law to comprehensively provide
for the accountabilities of government in this regard and to the provide the Commission on Human
Rights the resources and organizational capability to deliver them to the victims and their families.
Existing programs under the Commission on Human Rights (CHR) and Republic Act (RA) No.



7309 or the “Board of Claims for Victims of Unjust Imprisonment or Detention” provide limited

coverage and are insufficient to address the widespread and complex needs of HRVVs.

The enactment of this law will be a testament to the government’s recognition and
unwavering commitment to carry out all its responsibilities to victims of violations of human rights.
It is also hoped to have a deterrent effect on agents of the state from engaging in such violations in
their operations.

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

JAIME NEDI
Ré&presentative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS:
First Regular Session

HOUSE BILL NO. 580

Introduced by Representative Jaime R. Fresnedi

AN ACT
PROVIDING COMPENSATION FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS
AND APPROPRIATING FUNDS THEREFOR AND OTHER PURPOSES

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

CHAPTER I.
PRELIMINARY PROVISIONS

Section 1. Title. — This Act shall be known as the “Human Rights Violations Victims
Compensation Act”.

SEC. 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. Pursuant to this declared policy, Section 12 of
Article III 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 intemational law as part of the law of the land, the Philippines adheres to
international human rights laws and conventions, the Universal Declaration of Human Rights,
including the International Covenant on Civil and Political Rights (ICCPR), International
Covenant on Economic, Social and Cultural Rights (ICESCR). 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 shall have an effective remedy, even if the violation is committed by persons acting in
an official capacity. In fact, the right to remedy and reparation, which includes the right to
compensation are, in itself guaranteed under existing human rights treaties and/or customary
international law including the Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of Intemational Human Rights Law and Serious
Violations of International Humanitarian Law, being peremptory in character (jus cogens) and
as such has been recognized as non-derogable.


Consistent with the foregoing, the State hereby acknowledges its moral and legal
obligation to recognize and provide reparation through compensation of victims and/or their
families for the deaths, injuries, sufferings, deprivations and damages. It is hereby declared
the policy of the State to recognize the wrong done and alleviate the pain and suffering caused
by violations of human rights, restore the wholeness of the victim and victim’s family to the
fullest extent possible prior to the violation, remedy the effects of the human rights violation
and ensure the victims and victims’ families the right to appropriate compensation.

SEC. 3. Definition of Terms. — As used in this Act:

a) Compensation refers to a quantifiable monetary award for any damage suffered,
as appropriate and proportional to the gravity, scope and scale of the violation and the
circumstances of each case, resulting from gross violations of international human rights
law and serious violations of humanitarian law, such as, but not limited to:

. Physical or mental harm;
ii, Lost opportunities, including employment, education and social benefits;
iii, Material damages and loss of earnings, including loss of earning potential;

iv. Moral damage; and

v. Costs required for legal or expert assistance, medicine and medical services,
and psychological and social services.

b) Human Rights Violations occur when actions by state (or non-state) actors
abuse, ignore, or deny basic human rights (including civil, political, cultural, social, and
economic rights in line with human rights and humanitarian law). Violations can either
be direct (intentionally performed) or indirect or when the State failed to protect victims
from violations of human rights or is complicit in the commission of human tights
violations.

c) Human Rights Violations Victims (HRVV) refer to persons whose human rights
were violated by persons acting in an official capacity and/or agents of the State and can
file a claim for compensation under this Act.

CHAPTER II
COMPENSATION BOARD

SEC. 4. Creation of a Compensation Board under the Commission on Human Rights. —
‘The Commission on Human Rights (CHR) shall have the power to provide compensation to
victims of violations of human rights, or their families. Pursuant, thereto, the latter shall
establish a human rights violations Compensation Board which shall adopt an expeditious and
inexpensive procedure for the claimants to follow in order to secure their claims under this Act.

SEC. 5. Powers and Functions of the Compensation Board. — The Compensation Board
shall have the following powers and functions:

"UN Principles on Remedy and Reparation, Principle 20


a) Receive all claims under this Act together with pertinent document to such
claims;

b) Investigate, process, and determine the validity of all claims filed within thirty
(30) days after submission thereof;

¢) Conduct an independent administrative hearing, if necessary and resolve
application for compensation or deny the same;

d) Disburse all compensation to qualified claimants at the earliest possible time;

e) Promulgate rules and regulations in order to carry out the objectives of this Act.
subject to the approval of the Commission En Banc of the Commission on Human Rights;
and

f) Perform such other functions as will be necessary for the implementation of this
Act.

SEC. 6. Determination of Monetary Compensation. - The determination of compensation
for claims before the Compensation Board under the Commission on Human Rights shall be
pattemed after Republic Act No. 10368, the “Human Rights Victims Reparation and
Recognition Act of 2013.”

The Commission on Human Rights En Banc shall be authorized to determine the point
allocation to victims whose gravity, scope, and scale of human rights violations vary depending
on existing and verifiable circumstances: Provided, That the monetary amount shall not exceed
those that civil courts would have granted as damages.

SEC. 7. Consolidation of Claims. — After all claims and appeals thereof have been
resolved, the Compensation Board shall compute the final budgetary requirement to award all
claims granted. It will be submitted for appropriation should the initial funds allocated for this
Act is deemed insufficient,

SEC. 8. Awarding of Monetary Compensation. — Upon reflection in the General
Appropriations Act, the award of monetary compensation shall take effect. The Commission
on Human Rights shall develop a mechanism for the awarding of legitimate claims, subject to
auditing rules and regulations.

SEC. 9. Source of Compensation. — The amount of One Hundred Million Pesos
(P100,000,000.00) shall be appropriated to the Commission on Human Rights for the creation
of the Compensation Board, its operationalization and as an initial source of compensation of
victims of human rights violations. The Commission shall thereaiter submit budgetary request,
after consolidating all legitimate claims for compensation.

CHAPTER I
CLAIMANTS, COMPENSATION, AND RECOGNITION

SEC. 10. Compensation Entitlement. ~ Victims of human rights violations shall receive
monetary compensation from the State, free of tax: Provided, That for a deceased ot
involuntary disappeared HRVV, the family members up to the fourth (4") degree of affinity or


consanguinity 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 compensation: Provided, further, That the
compensation received under this Act shall be without prejudice to the receipt of any other sum
as compensation or other entitlements under the law or other damages or whatever nature and
kind by reason of the same human rights violations, from any other person or entity, courts, or
tribunals.

SEC. 11. Claimants, Period for filing claims. — The victims and/or their families, upon
finding by Commission on Human Rights, through its Central and Regional Offices of the
existence of human rights violations, shall be eligible to file claims before the Compensation
Board, within fifteen (15) days from receipt of Resolution.

Provided, That for the deceased victims, the family members up to the fourth civil degree
of consanguinity or affinity as provided for in the Civil Code of the Philippines, or Code of
Muslim Personal Laws of the Philippines, whichever is applicable, or such other person named
by the executor or administrator of the deceased victims’ estate, in that order, shall be entitled
to receive such compensation.

SEC. 12. Amount of Compensation. — The amount of reparation under this Act shall be
in proportion to the gravity, scope and scale of the human rights violation committed against
the victim and in accordance with the number of points assigned to the individual case or
incident of human rights violation as determined by the Claims Board in accordance with
Section 6 hereof.

SEC. 13. Opposition, Grounds. — Any person may oppose a claim for compensation, if
he or she believes that the claimants are not entitled under the law.

SEC. 14. Motu Proprio Recognition. — The Commission En Banc may take judicial
notice, motu proprio of individual persons who suffered human rights violations as defined
herein and grant such persons compensation pursuant to the rules in determining the monetary
compensation.

SEC. 15. Personal Receipt of Compensation. — No special power of attorney shall be
recognized in the actual disbursement of the award, and only the victim or the aforestated
suecessor(s)-in-interest shall be entitled to personally receive said compensation, unless the
victim involved is shown to be incapacitated.

SEC. 16. Prospective Application, Exceptions. ~ This law shall be applied prospectively,
except for continuing offenses such as enforced disappearances. The families of victims whose
whereabouts are still unknown, may file a claim for compensation.

SEC. 17. Appeals. - Any aggrieved claimant or oppositor may appeal within ten (10)
days from notice of decision granting or denying the claim. The Commission En Banc of the
Commission on Human Rights shall decide such appeals and its decision is considered final.
Any pending appeal filed by an aggrieved claimant must be resolved within sixty (60) days
after its filing.

CHAPTER IV
PENALTIES


SEC. 18. 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 referred to the
Department of Justice for prosecution. If convicted, he shall:

a) suffer imprisonment of eight (8) to ten (10) years:
b) be disqualified from holding any public office and employment, and

©) not be eligible to vote and be voted upon in any national or local election, even
after the service of sentence unless granted absolute pardon

Any member of the Compensation Board, public officer, employee of an agency or any
private individual mandated to implement this Act, who shall misuse, embezzle, or
misappropriate the funds for compensation 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 Compensation Board, public officer, employee of an agency or any
private individual mandated to implement this Act who may be found guilty of committing any
or all of the prohibited acts stated in the preceding paragraph, or those acts punishable in the
Code and relevant special penal laws.

CHAPTER V
FINAL PROVISIONS

SEC. 19. Separability Clause. ~ If any portion or provision of this Act is subsequently
declared invalid or unconstitutional, other provisions hereof which are not affected thereby shall
remain in full force and effect.

SEC. 20. Suppletory Application of Laws. - The provisions of Republic Act No. 9745
or the “Anti-Torture Act of 2009” and Republic Act No. 7309 or the “Act Creating a Board of
Claims Under the Department of Justice for Victims of Unjust Imprisonment or Detention and
Victims of Violent Crimes” in so far as they are consistent with the provisions of this Act, shall
be applied suppletorily.

SEC. 21. Repealing Clause. ~ All laws, decrees, ordinances, administrative order, rules
and regulations, or any part thereof, which are inconsistent with this Act are repealed or amended
accordingly.

SEC. 22. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette and at least two (2) newspapers of national circulation.

Approved,