Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaFifteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT NO. 10368
AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Short Title. — This Act shall be known as the "Human Rights Victims Reparation and Recognition Act of 2013″.
Section 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...
Details
Amends
n/a
Amended by
n/a
Republic Acts
HUMAN RIGHTS VICTIMS REPARATION AND RECOGNITION ACT OF 2013
Republic Act No. 10368
Summary of the Human Rights Victims Reparation and Recognition Act of 2013
Declaration of Policy (Section 2)
- Recognizes the dignity of every human person and guarantees full respect for human rights.
- Adheres to international human rights laws and conventions.
- Recognizes the heroism and sacrifices of Filipinos who were victims of human rights violations during the Marcos regime from September 21, 1972 to February 25, 1986.
- Acknowledges the State's moral and legal obligation to provide reparation to victims and/or their families.
Definition of Terms (Section 3)
- Defines human rights violation, human rights violations victim (HRVV), persons acting in an official capacity and/or agents of the State, and torture.
- Covers violations committed one month before September 21, 1972 and one month after February 25, 1986 under certain conditions.
Entitlement to Monetary Reparation (Section 4)
- Qualified HRVVs shall receive reparation from the State, free of tax.
- Legal heirs or named successors can receive reparation for deceased or disappeared HRVVs.
- Reparation received under this Act is without prejudice to receipt of other sums from any other entity.
Nonmonetary Reparation (Section 5)
- Government agencies shall render necessary services as nonmonetary reparation for HRVVs and/or their families.
Amount of Reparation (Section 6)
- The amount of reparation shall be in proportion to the gravity of the human rights violation.
Source of Reparation (Section 7)
- The principal source of funds is Ten billion pesos (P10,000,000,000.00) plus accrued interest, adjudged as Marcos ill-gotten wealth.
Human Rights Victims' Claims Board (Sections 8-15)
- An independent and quasi-judicial body composed of 9 members with specified qualifications.
- Appointed by the President, with nominations from human rights organizations.
- Has powers to receive, evaluate, process, investigate, and approve claims, issue subpoenas, conduct proceedings, promulgate rules, and deputize government agencies.
- Organized into 3 divisions for resolution of claims.
- Assisted by a Secretariat with specified functions and staffing.
- Operating budget funded from the Ten billion peso fund, with an initial budget of Ten million pesos (P10,000,000.00) and a maximum of Fifty million pesos (P50,000,000.00) per year.
Claimants, Reparation, and Recognition (Sections 16-19)
- Any HRVV may file a claim with the Board for reparation and/or recognition.
- Claimants in the US human rights litigation against Marcos and those recognized by Bantayog Ng Mga Bayani Foundation shall be presumed HRVVs.
- The Board may recognize individuals as HRVVs motu proprio.
- A point system from 1 to 10 points shall be used to determine the award amount, based on the type and gravity of the violation.
General Provisions (Sections 20-27)
- The Ten billion peso fund plus accrued interest is set aside and appropriated for the purposes of this Act.
- HRVVs seeking reparation shall execute a sworn statement narrating the human rights violation.
- The Board shall set the period for filing claims, which shall be published in newspapers.
- Failure to file a claim within the period is deemed a waiver.
- Aggrieved claimants or oppositors may file an appeal to the Board en banc.
- Penalties are prescribed for filing fraudulent claims or misusing funds.
- A Roll of Human Rights Victims shall be prepared, and a Memorial/Museum/Library/Compendium shall be established with a budget of at least Five hundred million pesos (P500,000,000.00).
- A Human Rights Violations Victims' Memorial Commission shall be created for the establishment, restoration, preservation, and conservation of the Memorial/Museum/Library/Compendium.
- The Commission shall coordinate with DepEd and CHED to include teaching of Martial Law atrocities and lives of HRVVs in the education curricula.
Final Provisions (Sections 28-32)
- Guidelines for the Implementing Rules and Regulations (IRR) are provided, including transparency, opposition procedure, and speedy processing.
- The Board shall complete its work within two years from the effectivity of the IRR.
- Separability and repealing clauses are included.
- The Act shall take effect 15 days after publication in the Official Gazette or newspapers.
Declaration of Policy (Section 2)
- Recognizes the dignity of every human person and guarantees full respect for human rights.
- Adheres to international human rights laws and conventions.
- Recognizes the heroism and sacrifices of Filipinos who were victims of human rights violations during the Marcos regime from September 21, 1972 to February 25, 1986.
- Acknowledges the State's moral and legal obligation to provide reparation to victims and/or their families.
Definition of Terms (Section 3)
- Defines human rights violation, human rights violations victim (HRVV), persons acting in an official capacity and/or agents of the State, and torture.
- Covers violations committed one month before September 21, 1972 and one month after February 25, 1986 under certain conditions.
Entitlement to Monetary Reparation (Section 4)
- Qualified HRVVs shall receive reparation from the State, free of tax.
- Legal heirs or named successors can receive reparation for deceased or disappeared HRVVs.
- Reparation received under this Act is without prejudice to receipt of other sums from any other entity.
Nonmonetary Reparation (Section 5)
- Government agencies shall render necessary services as nonmonetary reparation for HRVVs and/or their families.
Amount of Reparation (Section 6)
- The amount of reparation shall be in proportion to the gravity of the human rights violation.
Source of Reparation (Section 7)
- The principal source of funds is Ten billion pesos (P10,000,000,000.00) plus accrued interest, adjudged as Marcos ill-gotten wealth.
Human Rights Victims' Claims Board (Sections 8-15)
- An independent and quasi-judicial body composed of 9 members with specified qualifications.
- Appointed by the President, with nominations from human rights organizations.
- Has powers to receive, evaluate, process, investigate, and approve claims, issue subpoenas, conduct proceedings, promulgate rules, and deputize government agencies.
- Organized into 3 divisions for resolution of claims.
- Assisted by a Secretariat with specified functions and staffing.
- Operating budget funded from the Ten billion peso fund, with an initial budget of Ten million pesos (P10,000,000.00) and a maximum of Fifty million pesos (P50,000,000.00) per year.
Claimants, Reparation, and Recognition (Sections 16-19)
- Any HRVV may file a claim with the Board for reparation and/or recognition.
- Claimants in the US human rights litigation against Marcos and those recognized by Bantayog Ng Mga Bayani Foundation shall be presumed HRVVs.
- The Board may recognize individuals as HRVVs motu proprio.
- A point system from 1 to 10 points shall be used to determine the award amount, based on the type and gravity of the violation.
General Provisions (Sections 20-27)
- The Ten billion peso fund plus accrued interest is set aside and appropriated for the purposes of this Act.
- HRVVs seeking reparation shall execute a sworn statement narrating the human rights violation.
- The Board shall set the period for filing claims, which shall be published in newspapers.
- Failure to file a claim within the period is deemed a waiver.
- Aggrieved claimants or oppositors may file an appeal to the Board en banc.
- Penalties are prescribed for filing fraudulent claims or misusing funds.
- A Roll of Human Rights Victims shall be prepared, and a Memorial/Museum/Library/Compendium shall be established with a budget of at least Five hundred million pesos (P500,000,000.00).
- A Human Rights Violations Victims' Memorial Commission shall be created for the establishment, restoration, preservation, and conservation of the Memorial/Museum/Library/Compendium.
- The Commission shall coordinate with DepEd and CHED to include teaching of Martial Law atrocities and lives of HRVVs in the education curricula.
Final Provisions (Sections 28-32)
- Guidelines for the Implementing Rules and Regulations (IRR) are provided, including transparency, opposition procedure, and speedy processing.
- The Board shall complete its work within two years from the effectivity of the IRR.
- Separability and repealing clauses are included.
- The Act shall take effect 15 days after publication in the Official Gazette or newspapers.