13th CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S: BILL NO. 
1 
Introduced hv Senator Ralnh G. Recto 
EXPLANATORY 
NOTE 
The State values the dignity of every human person and guarantees full respect for human 
rights. The use of torture, force, violence, threat, intimidation, and any other means which vitiate 
the fiee will is likewise prohibited. 
The animating spirit behind this proposal is the Constitutional mandate for Congress to 
provide for a compensation to victims of human rights violations or their families, based on the 
recommendations of the Commission on Human Rights (CHR). In this regard, the CHR plays a 
vital role in recommending to Congress effective measures to promote human rights and to 
provide compensation to the victims of human rights abuses and violations. 
International treaties and covenants on the adequate safeguard of human rights impose an 
obligation on each State to undertake measures to ensure that victims of human rights violations 
committed even by persons acting’in an official capacity have adequate remedies at law. 
Towards this end, this measure provides that it is the moral obligation of the State to recognize 
and compensate victims and their families for the deaths, injuries, sufferings, deprivations and 
damages suffered under the Marcos regime. 
True enough, the human rights violations will never be undone, and no amount of 
compensation can ever relieve the victims of the trauma and pain suffered as a result thereof. 
However, the compensation is intended to “make whole” the shattered lives of the victims and 
their families, to the extent possible. It is hoped that the compensation will go a long way in 
helping them start anew with their lives. 
In light of the foregoing, the approval of this measure is earnestly sought. 


13th CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPWES 
) 
First Regular Session 
1 
S. BILL NO. 
I330 
Introduced by Senator Ralph G. Recto 
' 
ANACT 
PROVIDING FOR COMPENSATION TO THE VICTIMS OF HUMAN RIGHTS 
VIOLATIONS DURING THE REGIME OF FORMER PRESIDENT FERDINAND 
MARCOS, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS 
THEREFORE, AND FOR OTHER PURPOSES 
Be it enacted by the senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
2 
Compensation Act of 2004". 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
official capacity. 
SECTION 1. Short Title - This Act shall he known as the 'Human Rights Victims 
SEC. 2. Declaration of Policy - Article 11, Section 11 of the Constitution of the Republic 
of the Philippines declares that the State values the dignity of every human person and 
guarantees full respect of human rights. Pursuant to the declared policy, Article ID, Section 12 
of the Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other 
means which vitiate the free will even as the Constitution mandates the compensation and 
rehabilitation of victims of torture or similar practices, and their families. Article Xm, Section 
18(6) of the Constitution also directs the Commission on Human Rights (CHR) to recommend to 
the Congress effective measures to promote human rights and to provide for compensation to 
victims of human rights violations, or their families. By virtue of Article 11, Section 2 of the 
Constitution adopting generally accepted principles of international law as part o f  the law of the 
land, the Philippines must also adhere to international human rights laws and documents, 
including the International Covenant on Civil and Political Rights (ICCPR) which imposes on 
each State party the obligation to take the necessary steps to adopt such laws 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 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
1s 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
Consistent with the foregoing, it is hereby declared the policy of the State to recognize 
the heroism of all Filipinos who were victims of summary execution, torture, involuntary 
disappearance and other gross human rights violations committed during the dictatorial regime of 
former President Ferdinand Marcos covering the period from September 21, 1972 to February 
25, 1986. The state hereby acknowledges its moral and legal obligation to recognize and/or 
compensate said victims and/or their families for the deaths, injuries, sufferings, deprivations, 
and damages they suffered under the Marcos regime. In declaring this policy, the State also 
takes into account the adherence of the Republic of the Philippines to the Universal Declaration 
of Human Rights and the December 10, 1997 Swiss Federal Supreme Court decision granting 
anticipatory restitution to the Philippines of certain Swiss hank deposits forming part of the ill- 
gotten wealth of Ferdinand Marcos, which decision urges that the Philippines take steps to 
compensate the victims of human rights violations under the Marcos regime. 
SEC. 3. Definition of Terms - In this Act, the following terms shall be understood as 
follows: 
a. “Human Rights Violation” - A human rights violation under this Act shall include, but 
not be limited to, any of the following acts or omissions during the period from September 21, 
1972 to February 25, 1986 by persons acting in an official capacity and/or agents of the State: 
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 warrant-less 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 they were defined by decrees of Ferdinand 
Marcos or in any matter that the arrest, detention, or deprivation or liberty was 
effected. 
The infliction by a person acting in an official capacity and/or an agent of the 
State of serious physical injury upon, or torture or killing of a Filipino citizen 
peacefully exercising civil or political rights, including the freedom of speech, 
2. 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
assembly or organization, even if such exercise was alleged to constitute or 
form part of rebellion, sedition or “subversion” as then defiled by law: 
Provided, That torture in any form or under any circumstance shall be 
considered a human rights violation; 
Causing, through force or intimidation, the involuntary exile of a person from 
the Philippines; 
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; 
Causing, committing and/or conducting any of the following acts or series of 
acts: 
3. 
4. 
5. 
a. Involqtary disappearances; 
b. Saturation drives and/or “zona”s; 
c. “hamletting” andfor food blockades; 
d. stealing or otherwise exploiting children or persons they suspected to 
be engaged in acts against the Marcos regime; 
e. committing sexual offenses against detainees and/or in the course of 
conducting military and/or police operations; and 
other violation and/or abuses similar or analogous to the above 
including those recognized by international law. 
f. 
b. “Human Rights Violation Victim” (HRVV) - For the purpose of this Act, a victim of 
a human rights violation is one whose human rights were violated by persons acting in an official 
capacity and/or agents of the State as these terms are defined herein. In order to qualify for 
compensation under this Act, the human rights violation must have occurred during the period 
4 


1 
from September 21, 1972 to February 25, 1986: Provided, however; That victims of human 
2 
’ rights violations that occnrred within one month after February 25, 1986 shall be entitled to 
3 
4 
5 
6 
7 
compensation under this Act if they can establish that: 
I. the violation was committed by agents of the State/persons acting in an official 
capacity loyal to the Marcos regime; and 
11. the violation was committed for the purpose of preserving, maintaining, 
supporting or promoting the said regime. 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
c. “Persons Acting in an Official Capacity/Agents of the State” - The following persons 
shall be deemed persons acting in an official capacity andlor agents of the State under this Act: 
1. Any member of the former Philippine Constabulary (PC), the former 
Integrated National Police (INP), the Armed Forces of the Philippines (AFP) 
and Civilian Home Defense Force (CHDF) from September 21, 1972 to 
February 25, 1986 as well as any civilian agenth attached thereto; and any 
member of a paramilitary group even if he is not organically part of the PC, 
INP, AFP or CHDF so as long as he is under the operational control or 
supervision of any agent of the State or had received or possessed any money, 
equipment or other property of or from the State; 
Any member of the civil service, including citizens who held elective or 
appointive public office at anytime from September 21, 1972 to February 25, 
1986; 
3. Those persons referred to in Executive Order No. 1, including Ferdinand 
Marcos, his spouse Imelda Marcos, their immediate relatives by consanguinity 
or affinity, as well as those persons, relatives, associates, and subordinates 
pursuant to said law, shall be deemed agents of the State under this Act. 
2. 
SEC. 4. Prima Facie Finding that One is a Human Rights Victim Under This Act - 
Notwithstanding any other provision of this Act, the nine thousand and five hundred thirty-nine 
(9,539) persons named as class suit plaintiffs in the Human Rights Litigation Against the Estate 
of Ferdinand E. Marcos and in whose favor a final and executory judgment has been rendered by 
the United States District Court in the State of Hawaii shall be entitled to the disputable 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
presumption that they are human rights violation victims (HRW) as defined in this Act. This 
disputable presumption may be contradicted or rebutted by competent evidence. 
SEC. 5. ConclusiveJinding that one is a Human Rights Victim - Any persods who have 
secured or can secure in their favor a judgment pr award of damages from any court of the 
Philippines arising from a human rights violation as defined in section 3 of this Act, even if the 
said judgment has not yet become final and executory, shall be considered conclusively as a 
human rights victim without need of further proof. 
SEC. 6. Non-waiver - The receipt of compensation under this Act by any of said persons 
shall not constitute a waiver by said person of any claim as against the Republic of the 
Philippines with respect to any fund or property prima facie considered or already recovered by 
the Republic as ill-gotten wealth under Executive Order No. 1, whether such fund or property 
has been transferred to the Philippines, is held in escrow, is subject of a “freeze order” by a 
competent foreign government authority or is in custodia legis. 
SEC. 7. Compensation - Any HRVV qualified under this Act shall receive compensation 
from the State as hereinafter prescribed: Provided, That for HRVVs who are deceased, the 
HRVV’s spouse, children, parents, nearest relative within the fourth civil degree of 
consanguinity andor affinity, or such other person named by the executor or administrator or the 
deceased HRVV’s estate in the order, .shall be entitled to receive such compensation: Provided, 
further; That any compensation received under this Act shall be without prejudice to the receipt 
of any other sum by the HRVV from any person other that the Republic in any case involving 
any human rights violation as defined by this Act. 
SEC. 8. Amount of Compensation - The amount of compensation under this Act shall be 
in proportion to the gravity of the human rights violation on the HRVV. 
SEC. 9. Source of Compensation - The funds transferred through the December 10, 
1977 Order of the Swiss Federal Supreme Court and presently held in escrow in the Philippines 
in connection with Civil Case No. 141 where the Sandiganbayan rendered judgment in favor of 
the Republic of the Philippines and which the Supreme Court has affirmed shall become the 
principal source of funds for the implementation of this Act. The said judgment has become 
final and executory and is now disposable. 
6 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
1. Task Force Detainees of the Philippines (TFDF); 
27 
2. Association of Major Religious Superiors (AMRSP); 
28 
3. National Secretariat for Social Action (NASSA); 
29 
4. Medical Action Group (MAG); 
SEC. 10. Transfer of Funds. - From the aforesaid judgment described in the preceding 
paragraph amounting to US $682,000,000.00, the amount of $200,000,000.00 is hereby set aside 
, and appropriated to fund the purpose of this Act. 
SEC. 11. Documentation of Human Rights Violations by the Marcos Regime. - As part of 
the implementation of this Act and without prejudice to any other compensation, any HRVV 
seeking compensation under this Act shall execute a detailed sworn statement, accompanied by 
photographs, letters, death certificates, pleadings and other judicial or quasi-judicial documents, 
newspaper or videotaped accounts, or materials including corroborative statements of witnesses, 
narrating the circumstances of the human rights violation committed against him. Such materials 
along with any other relevant documents shall be compiled by the agencies mandated to 
implement this Act, with the assistance of the National Historical Institute ("I), 
the University 
of the Philippines (Up) and such other non-governmental organizations (NGO) they may engage. 
Their report shall be submitted to the President, the Congress and the Supreme Court within one 
year from the affectivity of the Act. 
SEC. 12. Human Rights Claims Board; Creation; Composition; Secretariat. - (a) There 
is hereby created a Human Rights Claims Board to be composed of one (1) Chairperson and four 
(4) members of known probity and with deep understanding of the human rights violations 
during the autocratic rule of President Marcos to be appointed by the President, as follows: 
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. 
b. Three (3) representatives of the following non-governmental organizations (NGOs) 
who were active in attending 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 NGOs mentioned below may not have more 
than one representative on the Board at any given time: 
7 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
5. Free Legal Assistance Group (FLAG); 
6. Movement of Attorneys for Brotherhood and Integrity (MABINI); and 
7. Protestant Lawyers League of the Philippines (PLLP) 
(b) The Human Rights Board shall be attached but shall not be under the Commission on 
Human Rights. 
(c) The Board shall organize itself within 30 days from completion of the appointment of 
at least five members of the Board. 
SEC. 13. Proper Disposition of funds. - The Board shall ensure that the funds 
appropriated or which may become available as compensation for human rights victims are 
properly disbursed in accordance with the policy stated by Congress. The Board shall likewise 
ensure that the human 
rights violations committed by the Marcos regime are thoroughly 
documented. Accordingly, the Board shall promulgate the rules, guidelines, procedure and 
criteria necessary to implement this Act within thirty (30) days from date of its organization, 
which shall be submitted for approval to the Congressional Oversight Committee composed of 
three (3) senators and three (3) congressmen. Upon approval of the Implementing Rules and 
Regulations by the Congressional Oversight Committee, the Committee shall be jimctus o ~ c i o  
and shall be disbanded. 
SEC. 14. Guidelines for the Implementing Rules - In implementing this Act and in 
formulating the corresponding rules and regulations, and to ensure that all applications are 
properly screed for fraudulent claims, the rules must provide for: 
a. Transparency in the processing of the claims; 
b. A procedure that allows any concerned party to oppose an application or claim on the 
ground that it is fraudulent, fictitious, fake or spurious, and gives that party the 
opportunity to question the same and to present evidence in support thereof; and 
c. A procedure that is speedy and expeditious without sacrificing any of the parties’ 
fundamental rights. 
SEC. 15. Powers and Functions of the Board - The Board shall have quasi-judicial 
powers and functions, as follows: 
a. To receive, evaluate, process and investigate applications for claims under this Act; 
8 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
b. To conduct independent administrative hearings and resolve applications for claims, 
grant or deny the same; 
c. To deputize appropriate government agencies in order to effectively implement its 
functions; 
d. To promulgate rules and regulations in order to cany out the objectives or this Act; 
and 
e. To issue, serve and enforce subpoenas ad testijkandum and subpoenas duces tecum. 
SEC. 16. Determination @Award - The Board shall follow the point system in the 
determination of the award. The range shall be 1 to 10 points, as follows: 
a. Victims who died shall be given 9 to 10 points 
b. Victims who were tortured shall be given 4 to 9 points 
c. Victims who were detained shall be given 2 to 4 points 
d. Victims who were harassed and economically disadvantaged shall be given 1 to 2 
points. 
In each category, victims who had suffered more would receive more points. In instances 
were a victim had suffered in more than one category, the victims shall be awarded only the 
points in the higher category. 
The Board shall collate and add-up all the points awarded to all the claimants and divide 
the total amount to be awarded under this Act with the total number of points collated to 
determine how much each point would be entitled. 
Each claimant would then be awarded with the number o f  points he was awarded 
multiplied by the value of one point. 
SEC. 17. Penalties - Any claimant who is found by the Board, after due hearing, to have 
filed a false claim shall be referred to the appropriate office for prosecution. If convicted, he 
shall suffer imprisonment of eight to ten years and shall be deprived of the right to vote in any 
election for any popular elective office or to be elected to such office; he shall also be deprived 
of the public offices and employments which he may have held; and shall he disqualified for any 
public office or employment. 
9 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
SEC. 18. Roll of Victims - Persons who are found to be human rights victims but who 
opt not to collect compensation shall be given recognition by enshrining their names in a Roll of 
Human Rights Victims to be prepared by the Board. The 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. 
SEC. 19. Period - The Board shall complete their work within one year fi-om the 
approval of the Implementing Rules and Regulations unless the same is extended by an Act of 
Congress. 
SEC. 20. Repealing Clause - All laws, decrees, executive orders, rules and regulations, 
or 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 1998, are hereby repealed or modified accordingly. 
SEC. 21. 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. 22. Effectivity Clause - This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) national newspapers of general circulation. 
Approved, 
10