Republic Act No. 10368 - Official Gazette of The Republic of The Philippines
Republic Act No. 10368 - Official Gazette of The Republic of The Philippines
Republic Act No. 10368 - Official Gazette of The Republic of The Philippines
H. No. 5990
S. No. 3334
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
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”.
Consistent with the foregoing, it is hereby declared the policy of the State to recognize the heroism and
sacri ces of all Filipinos who were victims of summary execution, torture, enforced or involuntary
disappearance and other gross human rights violations committed during the regime of former
President Ferdinand E. Marcos covering the period from September 21, 1972 to February 25, 1986 and
restore the victims’ honor and dignity. The State hereby acknowledges its moral and legal obligation to
recognize and/or provide reparation to said victims and/or their families for the deaths, injuries,
sufferings, deprivations and damages they suffered under the Marcos regime.
Similarly, it is the obligation of the State to acknowledge the sufferings and damages in icted upon
persons whose properties or businesses were forcibly taken over, sequestered or used, or those whose
professions were damaged and/or impaired, or those whose freedom of movement was restricted,
and/or such other victims of the violations of the Bill of Rights.
SEC. 3. De nition of Terms. — The following terms as used in this Act shall mean:
(a) Detention refers to the act of taking a person into custody against his will by persons acting in
an of cial capacity and/or agents of the State.
(b) Human rights violation refers to any act or omission committed during the period from
September 21, 1972 to February 25, 1986 by persons acting in an of cial capacity and/or agents
of the State, but shall not be limited to the following:
(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 former President Ferdinand E. Marcos as well as
any arrest., detention or deprivation of liberty carried out during the covered period on the
basis of an “Arrest, Search and Seizure Order (ASSO)”, a “Presidential Commitment Order
{PCO)” or a “Preventive Detention Action (PDA)” and such other similar executive issuances as
de ned by decrees of former President Ferdinand E. Marcos, or in any manner that the arrest,
detention or deprivation, of liberty was effected;
(2) The in iction by a person acting in an of cial capacity and/or an agent of the State of
physical injury, torture, killing, or violation of other human rights, of any person exercising civil
or political rights, including but not limited to the freedom of speech, assembly or
organization; and/or the right to petition the government for redress of grievances, 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) Any enforced or involuntary disappearance caused upon a person who was arrested,
detained or abducted against one’s will or otherwise deprived of one’s liberty, as de ned in
Republic Act No. 10350 (http://www.gov.ph/2012/12/21/republic-act-no-10353/) {{1}},
otherwise known as the “Anti-Enforced or Involuntary Disappearance Act of 2012”;
(4) Any force or intimidation causing the involuntary exile of a person from the Philippines;
(5) Any act of force, intimidation or deceit causing unjust or illegal takeover of a business,
con scation of property, detention of owner/s and or their families, deprivation of livelihood of
a person by agents of the State, including those caused by Ferdinand E. Marcos, his spouse
Imelda R. Marcos, their immediate relatives by consanguinity or af nity, as well as those
persons considered as among their close relatives, associates, cronies and subordinates
under Executive Order No. 1, issued on February 28, 1986 by then President Corazon C. Aquino
in the exercise of her legislative powers under the Freedom Constitution;
(6) Any act or series of acts causing, committing and/or conducting the following:
(ii) Committing sexual offenses against human rights victims who are detained and/or in
the course of conducting military and/or police operations; and
(iii) Other violations and/or abuses similar or analogous to the above, including those
recognized by international law.
(c) Human Rights Violations Victim (HRVV) refers to a person whose human rights were violated by
persons acting in an of cial capacity and/or agents of the State as de ned herein. In order to
qualify for reparation under this Act, the human rights violation must have been committed during
the period from September 21, 1972 to February 25, 1986: Provided, however, That victims of
human rights violations that were committed one (1) month before September 21, 1972 and one
(1) month after February 25, 1986 shall be entitled to reparation, under this Act if they can
establish that the violation was committed:
(1) By agents of the State and/or persons acting in an of cial capacity as de ned hereunder;
(2) For the purpose of preserving, maintaining, supporting or promoting the said regime; or
(3) To conceal abuses during the Marcos regime and/or the effects of Martial Law.
(d) Persons Acting in an Of cial Capacity and/or Agents of the State.—The following persons shall
be deemed persons acting in an of cial capacity and/or 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 the Civilian Home Defense Force
(CHDF) from September 21, 1972 to February 25, 1986 as well as any civilian agent attached
thereto; and any member of a paramilitary group even if one is not organically part of the PC,
the INP, the AFP or the CHDF so long as it is shown that the group was organized, funded,
supplied with equipment, facilities and/or resources, and/or indoctrinated, controlled and/or
supervised by any person acting in an of cial capacity and/or agent of the State as herein
de ned;
(2) Any member of the civil service, including persons who held elective or appointive public
of ce at any time from September 21, 1972 to February 25, 1986;
(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating the Presidential
Commission on Good Government (PCGG), issued on February 28, 1986 and related laws by
then President Corazon C. Aquino in the exercise of her legislative powers under the Freedom
Constitution, including former President Ferdinand E. Marcos, spouse Imelda R. Marcos, their
immediate relatives by consanguinity or af nity, as well as their close relatives, associates,
cronies and subordinates; and
(4) Any person or group/s of persons acting with the authorization, support or acquiescence
of the State during the Marcos regime.
(e) Torture refers to any act by which severe pain or suffering, whether physical or mental, is
intentionally in icted on any person under the custody of persons acting in an of cial capacity
and/or agents of the State, as de ned by law, jurisprudence, international conventions and
Republic Act No. 9745, otherwise known as the “Anti-Torture Act of 2009”.
SEC 4. Entitlement to Monetary Reparation. — Any HRVV quali ed under this Act shall receive
reparation from the State, free of tax, as herein prescribed: Provided, That for a deceased or involuntary
disappeared HRVV, the legal heirs 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 reparation: Provided, further, That no special power
of attorney shall be recognized in the actual disbursement of the award, and only the victim or the
aforestated successor(s)-in-interest shall be entitled to personally receive said reparation form the
Board, unless the victim involved is shown to be incapacitated to the satisfaction of the Board:
Provided, furthermore, That the reparation received under this Act shall be without prejudice to the
receipt of any other sum by the HRVV from any other person or entity in any case involving violations
of human rights as de ned in this Act.
SEC. 5. Nonmonetary Reparation. — The Department of Health (DOH), the Department of Social Welfare
and Development (DSWD), the Department of Education (DepED), the Commission on Higher
Education (CHED), the Technical Education and Skills Development Authority (TESDA), and such other
government agencies shall render the necessary services as nonmonetary reparation for HRVVs
and/or their families, as may be determined by the Board pursuant to the provisions of this Act. The
amount necessary for this purpose shall be sourced from the budget of the agency concerned in the
annual General Appropriations Act (GAA).
SEC. 6. Amount of Reparation. — The amount of reparation under this Act shall be in proportion to the
gravity of the human rights violation committed on the HRVV and in accordance with the number of
points assigned to the individual under Section 19 hereof.
SEC. 7. Source of Reparation. — The amount of Ten billion pesos (P10,000,000,000.00) plus accrued
interest which form part of the funds transferred to the government of the Republic of the Philippines
by virtue of the December 10, 1997 Order of the Swiss Federal Supreme Court, adjudged by the
Supreme Court of the Philippines as nal and executory in Republic vs. Sandiganbayan on July 15,
2003 (G.R. No. 152154) as Marcos ill-gotten wealth and forfeited in favor of the Republic of the
Philippines, shall be the principal source funds for the implementation of this Act.
CHAPTER II
SEC. 8. Creation and Composition of the Human Rights Victims’ Claims Board. — There is hereby
created an independent and quasi-judicial body to be known as the Human Rights Victims’ Claims
Board, hereinafter referred to as the Board. It shall be composed of nine (9) members, who shall
possess the following quali cations:
(a) Must be of known probity, competence and integrity;
(b) Must have a deep and thorough understanding and knowledge of human rights and
involvement in efforts against human rights violations committed during the regime of former
President Ferdinand E. Marcos;
(c) At least three (3) of them must be members of the Philippine Bar who have been engaged in
the practice of law for at least ten (10) years; and
(d) Must have a clear and adequate understanding and commitment to human rights protection,
promotion and advocacy.
The Human Rights Victims’ Claims Board shall be attached to but shall not be under the Commission
on Human Rights (CHR).
The Board shall organize itself within thirty (30) days from the completion of appointment of all nine
(9) members and shall thereafter organize its Secretariat.
SEC. 9. Appointment to the Board. — The President shall appoint the Chairperson and the other eight
(8) members of the Board: Provided, That human rights organizations such as, but not limited to, the
Task Force Detainees of the Philippines (TFDP), the Free Legal Assistance Group (FLAG), the
Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI), the Families of Victims of
Involuntary Disappearance (FIND) and the Samahan ng mga Ex-Detainees Laban sa Detensyon at
Aresto (SELDA) may submit nominations to the President.
SEC. 10. Powers and Functions of the Board. — The Board shall have the following powers and
functions:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
(c) Conduct independent administrative proceedings and resolve disputes over claims;
(d) Approve with nality all eligible claims under this Act;
(e) Deputize appropriate government agencies to assist it in order to effectively perform its
functions;
(f) Promulgate such rules as may be necessary to carry out the purposes of this Act, including
rules of procedure in the conduct of its proceedings, with the Revised Rules of Court of the
Philippines having suppletory application;
(g) Exercise administrative control and supervision over its Secretariat;
(h) The Board, at its discretion, may consult the human rights organizations mentioned in Section
9 herein; and
(i) Perform such other duties, functions and responsibilities as may be necessary to effectively
attain the objectives of this Act.
SEC. 11. Resolution, of Claims. — The Board shall be composed of three (3) divisions which shall
function simultaneously and independently of each other in the resolution of claims for reparation.
Each division shall be composed of one (1) Chairperson, who shall be a member of the Philippine Bar
and two (2) members to be appointed by the Board en banc.
SEC. 12. Emoluments. — The Chairperson and members of the Board shall have the rank, salary,
emoluments and allowances equivalent to s Presiding Justice and Associate Justice of the Court of
Appeals, respectively.
SEC. 13. Secretariat of the Board. — The Board shall be assisted by a Secretariat which may come from
the existing personnel of the CHR, without prejudice to the hiring of additional personnel as determined
by the Board to accommodate the volume of required work. The following shall be the functions of the
Secretariat:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
The Chairperson of the Board shall appoint a Board Secretary who shall head the Secretariat for the
duration of the existence of the Board. There shall be a Technical Staff Head assisted by ve (5) Legal
Of cers and three (3) Paralegal Of cers; and an Administrative Staff Head assisted by three (3)
Administrative Support Staff.
When necessary, the Board may hire additional contractual employees or contract a service provider to
provide services of counselors, psychologists, social workers and public education specialists, among
others, to augment the services of the Secretariat: Provided, That the maximum contract amount per
year shall not exceed more than fteen percent (15%) of the total annual operating budget of the
Board.
SEC. 14. Operating Budget of the Board.— The operating budget of the Board shall be funded from the
Ten billion peso {P10,000,000,000.00) fund, with Ten million pesos (P10,000,000.00) as its initial
operating budget: Provided, That it shall not exceed Fifty million pesos (P50,000,000.00) a year
SEC. 15. Proper Disposition of Funds. — The Board shall ensure that funds appropriated or those which
may become available as reparation for HRVVs are properly disbursed in accordance with the policies
stated by Congress and relevant government rules, regulations and accounting procedures.
CHAPTER III
SEC. 16. Claimants. — Any person who is an HRVV may le a claim with the Board for reparation and/or
recognition in accordance with the provisions of this Act.
Sec. 17. Conclusive Presumption That One is an HRVV Under This Act. — The claimants in the class suit
and direct action plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand E. Marcos
(MDL No. 840, CA No. 88-0390) in the US Federal District Court of Honolulu, Hawaii wherein a
favorable judgment has been rendered, shall be extended the conclusive presumption that they are
HRVVs: Provided, That the HRVVs recognized by the Bantayog Ng Mga Bayani Foundation shall also be
accorded the same conclusive presumption: Provided, further, That nothing herein shall be construed
to deprive the Board of its original jurisdiction and its inherent power to determine the extent of the
human rights violations and the corresponding reparation and/or recognition that may be granted.
SEC. 18. Motu Proprio Recognition. — The Board may take judicial notice motu proprio of individual
persons who suffered human rights violations as de ned herein and grant such persons recognition as
HRVVs and included in the Roll of Victims as provided for in Section 26 hereof.
SEC. 19. Determination of Award. — (a) The Board shall follow the point system in the determination of
the award. The range shall be one (1) to ten (10) points, as follows:
(1) Victims who died or who disappeared and are still missing shall be given ten (10) points;
(2) Victims who were tortured and/or raped or sexually abused shall he given six (6) to nine (9)
points:
(3) Victims who were detained shall be given three (3) to ve (5) points; and
(4) Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6) under
this Act shall be given one (1) to two (2) points.
The Board shall exercise its powers with due discretion in the determination of points for each victim,
which shall be based on the type of violation committed against the HRVV, frequently and duration of
the violation. In each category, HRVVs who had suffered more would receive more points. In instances
where a victim is classi ed in more than one category, one shall be awarded the points in the higher
category: Provided, That in cases where there are several eligible claims led for reparation by or on
behalf of a particular HRVV, the Board shall award only one (1) valid claim which corresponds to the
category obtaining the highest number of points for each eligible claimant.
(b) The Board shall proceed to determine the award for each claimant classi ed under Sections 16, 17
and 18 of this Act.
(c) The Board shall then compute the nal monetary value of one’s award that is equivalent to the
numerical value of one point multiplied by the number of points that a claimant is entitled to, as
previously determined by the Board.
(d) Within thirty (30) days after the Board has approved with nality each eligible claim pending before
it and after due publication of such legitimate claim, the award of monetary compensation shall take
effect: Provided., That any pending appeal led by an aggrieved claimant or opposite before the Board
en banc must resolved by it sixty (60) days before the Board becomes functus of cio.
CHAPTER IV
GENERAL- PROVISIONS
SEC. 20. Transfer of Funds. — Pursuant to the judgment mentioned in Section 7 hereof, the amount of
Ten billion pesos (P10,000,000,000.00) plus the accrued interest are hereby set aside and appropriated
to fund the purposes of this Act.
SEC. 21. Documentation of Human — Rights Violations Committed by the Marcos Regime. — In the
implementation of this Act and without prejudice to any other documentary or other evidence that may
be required for the award of any reparation, any HRVV seeking reparation shall execute a detailed
sworn statement narrating the circumstances of the pertinent human rights violation/s committed.
SEC. 22. Publication. — Consistent with Section 23 herein, the Board, after having been duly convened,
shall set the period for the commencement and termination of applications by HRVVs and cause the
publication of the same: Provided, That such period shall only become operative fteen (15) days after
its last publication, which shall be once a week for three (3) consecutive weeks in at least two (2)
national newspapers of general circulation.
SEC. 23. Period for Filing of Claims; Waiver. — An HRVV shall le an application for reparation with the
Board within six (6) months from the effectivity of the implementing rules and regulations (IRR) of this
Act: Provided, That failure to le an application within said period is deemed a waiver of the right to le
the same: Provided, further, That for HRVVs who are deceased, incapacitated, or missing due to
enforced disappearance, their legal heir/s or representatives, shall be entitled to le an application for
reparation on their behalf.
Any opposition to the new application/s pursuant to Section 16 hereof shall only be entertained if such
is led within fteen (15) days from the date of the last publication of the of cial list of eligible
claimants as may be determined by the Board. The Board shall cause the publication of the of cial list
of eligible claimants once a week for three (3) consecutive weeks in at least two (2) national
newspapers of general circulation.
SEC. 24 Appeal. — Any aggrieved claimant or oppositor may le an appeal within ten (10) calendar
days from the receipt of the Resolution of the Division, to the Board en banc, whose decision shall then
become nal and executory.
SEC 25. Penalties; Applicability of the Revised Penal Code. — Any claimant who is found by the Board,
after due hearing, to have led a fraudulent claim, shall be referred to the appropriate of ce for
prosecution. If convicted, he shall suffer the imprisonment of eight (8) to ten (10) years, shall be
disquali ed from public of ce and employment and shall be deprived of the right to vote and be voted
for in any national or local election, even after the service of sentence unless granted absolute pardon.
Any member of the Board and its Secretariat, public of cer, employee of an agency or any private
individual mandated to implement this Act, who shall misuse, embezzle or misappropriate the funds
for the reparation 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 Board and its Secretariat, public of cer, employee of an agency or any private
individual mandated to implement this Act, who may have been found guilty of committing any or all of
the prohibited acts stated in the preceding paragraph, or those acts punishable under the Revised
Penal Code, shall be penalized under the pertinent provisions in the Code and relevant special penal
laws.
SEC. 26. Roll of Victims. — Persons who are HRVVs, regardless of whether they opt to seek reparation
or not, shall be given recognition by enshrining their names in a Roll of Human Rights Victims to be
prepared by the Board.
A Memorial/Museum/Library shall be established in honor and in memory of the victims of human
rights violations whose names shall be inscribed in the Roll. A compendium of their sacri ces shall be
prepared and may be readily viewed and accessed in the internet. The
Memorial/Museum/Library/Compendium shall have an appropriation of at least Five hundred million
pesos (P500,000,000.00) from the accrued interest of the Ten billion peso (P10,000,000,000.00) fund.
The Roll may also be displayed in government agencies as maybe designated by the HRVV Memorial
Commission as created hereunder.
SEC. 27. Human, Rights Violations Victims’ Memorial Commission.. — There is hereby created a
Commission to be known as the Human Rights Violations Victims’ Memorial Commission, hereinafter
referred to as the Commission, primarily for the establishment, restoration, preservation and
conservation of the Memorial/Museum/Library/Compendium in honor of the HRVVs during the
Marcos regime.
The powers and functions of the Commission shall be assumed by the Board of Trustees which shall
be composed of the following; Chairperson of the CHR as Chairperson; Chairperson of the National
Historical Commission as Co-Chairperson; and Chairpersons of the CHED, the National Commission on
Culture and the Arts (NCCA), the Secretary of the Department of Education and the Head of the
University of the Philippines Diliman Main Library, as members.
The Board of Trustees shall have the authority to hire and appoint its of cials and employees, receive
donations and grants for and on its behalf, and generate revenues for the bene t of the Commission.
The Commission shall be attached to the CHR solely for budgetary and administrative purposes. The
operating budget of the Commission shall be appropriated from the General Appropriations Act.
The Commission shall also coordinate and collaborate with the DepED and the CHED to ensure that
the teaching of Martial Law atrocities, the lives and sacri ces of HRVVs in our history are included in
the basic, secondary and tertiary education curricula.
CHAPTER V
FINAL PROVISIONS
SEC 28. Guidelines for the Implementing Rules and Regulations (1RR). — 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 Board must provide for:
(c) A procedure that is speedy and expeditious without sacri cing any of the parties’ fundamental
rights.
Within fteen (15) days from the date of its organization, the Board shall promulgate the necessary IRR
and procedures for the effective implementation of this Act. The IRR shall be effective fteen (15) days
after its publication in two (2) national newspapers of general circulation.
SEC. 29. Work Period; Sunset Clause. — The Board shall complete its work within two (2) years from the
effectivity of the IRR promulgated by it. After such period, it shall become functus of cio.
SEC. 30. 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. 31. 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
(http://www.gov.ph/1988/06/10/republic-act-no-6657/), as amended, otherwise known as the
Comprehensive Agrarian Reform Law of 1988 and Section 40(a) of Republic Act No. 7160
(http://www.gov.ph/1991/10/10/republic-act-no-7160/), otherwise known as the Local Government
Code of 1991, are hereby repealed, amended or modi ed accordingly.
SEC. 32. Effectivity Clause. — This Act shall take effect fteen (15) days after its complete publication
in the Of cial Gazette or in at least two (2) national newspapers of general circulation.
Approved,
This Act which is a consolidation of House Bill No. 5990 and Senate Bill No. 3334 was nally passed
by the House of Representatives and the Senate on January 28, 2013.
(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP
Secretary of the Senate Secretary General
House of Representatives
[[1]] This refers to Republic Act No. 10353 or “An Act de ning and penalizing enforced or involuntary
disappearance” [[1]]
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