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THIRTEENTH CONGRESS ) 
OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
1745 
S. No. ____ 
Introduced by Senators Arroyo, Osmena Ill and Pimentel Jr 
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EXPLANATORY NOTE 
Eighteen years after the ouster of former President Ferdinand E. Marcos, the 
human rights violations committed by his dictatorship - like the plunder 
perpetrated by his family and cronies - still elude justice. To the thousands of 
Filipinos whose civil and political rights were violated by the Marcos 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 ilipino 
people finally ousted his regime in the first peaceful People Power revolu ion in 
our history, thousands of Filipino men and women struggled again t the 
dictatorship of Ferdinand Marcos. 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 Mor0 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 to 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-lhat 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. 
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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 ofAhe Marcoses as the source for compensation, even as it 
already appropriates 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 t may 
The passage of this bill had been certified as urgent by the President in the 
Twelfth Congress so as to meet the urgency of granting the long-d layed 
hopefully never happen again. 
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. 
I 
~ E R G I O  
OSMENA 1 1 1  
Senator 
Y 
JOKER P. ARROYO 
Senator 
AQUlLlNO Q. PIMENTEL, JR. 
Senator 


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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
S E N A T E  
Senate Bill No. 
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Introduced by Senators Joker P. Arroyo, Sergio Osmefia 111 
and Aquilino Q. Pimentel, Jr. 
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 S&ite-and House of Representatives of the Philippines in Congress assembled: 
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Compensation Act of 2004. 
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Declaration of Policy. - Article 11, Section 1 I of the Constitution of the 
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Republic of the Philippines declares that the State values the dignity of ev ry human 
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person and guarantees full respect for human rights. Pursuant to the decl red policy, 
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Article 111, Section 12 of the Constitution prohibits the use of torture, force, violence, 
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threat, intimidation, or any other means which vitiate the free will even as the 
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Constitution mandates the compensation and rehabilitation of victims of torture or 
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similar practices, and their families. Article XIII, Section 18(6) of the Constitution also 
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directs the Commission on Human Rights (CHR) to recommend to the Congress 
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effective measures to promote human rights and to provide for compensation to victims 
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of human rights violations, or their families. By virtue of Article II, Section 2 of the 
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Constitution adopting generally accepted principles of international law as part of the 
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law of the land, the Philippines must also adhere to international human rights laws and 
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documents, including the International Covenant on Civil and Political Rights (ICCPR) 
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which imposes on each State party the obligation to take the necessary steps to adopt 
SECTION 1. Short Title. - This Act shall be known as the "Human Rights Victims 
SEC. 2. 
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such laws to give effect to the rights recognized therein and to ensure that 
whose rights or freedoms have been violated shall have an effective remedy 
violation is committed by persons acting in an official capacity. 
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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 regime dictatorial 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 certai,n Swiss bank 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 
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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 offici I capacity 
and/or agents of the State: 
1. 
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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 


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Action (PDA)” as 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 
of the State of physical injury upon, or torture or 
other human rights, of any person peacefully 
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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; 
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 
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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 
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February 26, 1986 by President Corazon Aquino in the 
legislative powers under the Freedom Constitution; 
5. 
Causing, committing andlor conducting any of the 
series of acts: 
(a) 
involuntary disappearances; 
(b) 
saturation drives andlor “zona”s; 
(c) 
“hamletting” and/or food blockades; 


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(d) 
stealing or otherwise exploiting children of persons they 
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suspected-to be engaged in acts against the Marcos regime; 
committing sexual offenses against detainees and/or in the 
course of conducting military and/or police operations; and 
violation of the rights of freedom of the press by causing the 
closure of and imposing prior restraint on media facilities, 
detention of its editors and/or writers; 
violation of the rights of freedom of speech and as .embly, by 
preventing peaceful assemblies and demonstrations, dispersing 
them with water 
cannons and hitting participants with 
truncheons and the like and inflicting injury; 
violation of the rights of labor by preventing and dispersing 
peaceable strikes; 
other violation andlor abuses similar or analogous to the above 
including those recognized by international law. 
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 andlor 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 from September 21, 1972 to February 25, 1986: 
Provided, - -  how ever,^ That. victims. of human rights violations that occurred within one 
month after February 25, 1986 shall be entitled to compensation under this Act if they 
can establish that: 
(e) 
(f) 
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(h) 
(i) 
(i) 
the violation was committed by agents of the State/persons acting in an 
official capacity loyal to the Marcos regime; and 
(ii) the violation was committed for the purpose of preserving, 
supporting or promoting the said regime. 


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c. 
"Persons Acting in an Official Capacity/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: 
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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 agenffs 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 i is shown 
that the group was organized, funded, supplied with 
quipment, 
facilities and/or resources, and/or indoctrinated, controll d .and/or 
supervised by any person acting in an official capacity/agent of the 
state as herein defined; 
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; 
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. 
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SEC. 4. Prima Facie Finding that One is a Human Rights Victim Under This Act. 
- The nine thousand and five hundred thirty-nine (9,539) persons named as class suit 
plaintiffs in-the Hum% 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 presumption that 
they are human rights violation victims (HRVV) as defined in this Act. This disputable 
presumption is subject to validation and may be contradicted or rebutted by competent 
evidence. 


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SEC. 5. Conclusive finding that one is a Human Rights Victim. - Any person/s 
who have secured or can secure in their favor a judgment or 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. Other Claimants. - Any person who does not fall under the preceding, 
sections 4 or 5 but !as 
a human rights victim can file a claim with the human rights 
claims board for compensation and/or recognition. 
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A claimant under section 4 whose claim has been disallowed by the aforesaid 
board cannot file a claim under this section. 
SEC. 7. Compensation. - Any HRV qualified under this Act shall receive 
Compensation from the State as hereinafter prescribed: Provided, That for H W s  who 
are deceased, the HRVV’s spouse, children, parents, nearest relative within the fourth 
civil degree of consanguinity and/or affinity, or such other person nam d by the 
executor or administrator of the deceased H R W s  estate in that 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 than the Republic in any case involving any human rights 
violation as defined by this Act. 
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SEC. 8. Amount of Compensation, -The amount of compensation under this Act 
shall be in proportion to the gravity of the human rights violation committed on the 
HRVV. 
SEC. 9. Source of Compensation, - The funds transferred through the 
December I O ,  1997 Order of the Swiss Federal Supreme Court and presently held in 
escrow in connection with Civil Case No. 141 where the Supreme Court rendered 
judgment in favor of the Republic of the Philippines shall become the principal source of 
funds for %e implementation of this Act. The said judgment has become final and 
executory and is now disposable. 
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SEC. 10. Transfer of Funds. - From the aforesaid judgment described in the 
preceding paragraph the amount of $200,000,000.00 is hereby set aside and 
appropriated to fund the purposes of this Act 
SEC. 1 I. Documentation of Human Rights Violations by the Marcos Regime. - 
As part of the implementation of this Act and without prejudice to any other 
documentary or other evidence that may be required for the award of any 
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 
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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 (NHI), 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 Congres and the 
Supreme Court within one year from the effectivity of the Act. 
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SEC. 12. Human Rights Claims Board; Creation; Composition; Spc etariat. - 
(a) There is hereby created an independent and quasi-judicial body to be known as the 
Human Rights Claims Board to be composed of one (1) Chairperson and four (4) 
members of known probity and with a deep understanding of the human rights violations 
committed during the autocratic rule of Preside'nt 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. 
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 
b. 
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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. 
Association of Major Religious Superiors (AMRSP); 
3. 
National Secretariat for Social Action (NASSA): 
4. 
Medical Action Group (MAG); 
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Free Legal Assistance Group (FLAG); 
Movement of Attorneys for Brotherhood and Integrity (MABINI); and 
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 IeSt four members of the Board: thereafter, and within thirty (30) 
days, the board shall organize its secretariat under the rules it shall promulgate. 
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 Mar os regime 
are thoroughly documented. Accordingly, the Board shall promulgate he rules, 
guidelines, procedure and criteria necessary to implement this Act within thirt 1 
(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 functus oficio and shall be disbanded. 
SEC. 14. Guidelines for fhe lmplemenfing Rules. - In implementing this Act and 
in formulating the corresponding rules and regulations, and to ensure that all 
applications are properly screened for fraudulent claims, the rules must provide for: 
a. 
Transparency in the processing of the claims; 


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b. 
A procedure that allows any concerned party to oppose an ap 
claim on the ground that it is fraudulent, fictitious, fake or 
gives that party the opportunity to question the same 
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; 
to conduct independent administrative hearings and resolve applications for 
claims, grant or deny the same; 
b) 
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to deputize appropriate government agencies in order to effectively 
implement its functions; 
to promulgate rules and regulations in order to carry out the objectives of 
this Act; and * 
to issue, serve and enforce subpoenas ad testificandum and subpoenas 
duces tecum. 
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e) 
SEC. 16. Determination of 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) 
b) 
c) 
d) 
victims who died shall be given 9 to 10 points 
victims who were tortured shall be given 4 to 9 points 
victims who were detained shall be given 2 to 4 points 
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. 


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SEC. 21. Repealing Clause. - All laws, decrees, executive orders, 
regulations, or parts thereof inconsistent with any of the provisions of this 
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rules and 
Acti'including 


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SEC. 22. Separability Clause. - If, for any reason, any section or provision of 
this Act is-declared Tmconstitutional or invalid, such other sections or provisions not 
affected thereby shall remain in full force and effect. 
SEC. 23. 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, 
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