Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

FOURTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1114

______________________________________________________________________________

Introduced by Representatives SATUR C. OCAMPO, CRISPIN B. BELTRAN

and LIZA L. MAZA
______________________________________________________________________________________

EXPLANATORY NOTE

Twenty-one years after the ouster of the late dictator Ferdinand Marcos through
a popular uprising in 1986, justice still eludes the martyrs and victims of martial law
brutality. Many of the victims are impoverished and dying, reduced to hoping that a
famous judicial decision rendered in their favor in 1992 in Honolulu will not remain a
purely symbolic victory.

Now hailed as a landmark case in international human rights jurisprudence, the

Marcos Human Rights Litigation, Multi-District Litigation No. 840 in the United States
Federal Court System, found the Marcos dictatorship guilty of gross and systematic
human rights violations consisting of torture, summary execution and involuntary
disappearances. The jury verdict subsequently awarded damages to 9,539 victims of
martial law in the amount of $1.2 billion in exemplary damages and an additional $776
million in compensatory damages or a total of $1.976 billion, exclusive of interest to be
paid by the Estate of Ferdinand E. Marcos.

The prosecution of the case would not have been possible were it not for the active and
courageous involvement of the victims themselves and their organizations, among them
SELDA, the Friends and Families of Victims of Disappearances (FIND) and the Task
Force Detainees of the Philippines (TFD). Together with other human rights advocates
and Filipino human rights lawyers, they painstakingly prepared, gathered and processed
10,000 individual claim forms, hundreds of depositions and other evidence in the
Philippines.

This bill recognizes the inestimable suffering and loss of all those who were
victimized during martial law by the worst forms of human rights atrocities – involuntary
disappearance, summary execution, torture, political imprisonment. It affirms the State's
moral and legal obligation to grant them indemnification, which ranks as one of the
universally recognized fundamental principles of law and is a crucial element to the
fundamental human right to obtain redress for violations of substantive human rights
norms.
This bill covers the period starting with the imposition of martial law on September 21,
1972 until the downfall of the Marcos dictatorship on February 25, 1986. It immediately
recognizes and supports the right to compensation of the 9,539 persons named as class
suit judgment creditors and the 24 direct action judgment creditors in the human rights
litigation against the Marcos estate.

This bill solves a bogus contradiction that pits the interest of the State in
recovering Marcos' ill-gotten wealth with the legitimate claims of the victims for justice
and indemnification. Heretofore, the State and the victims have been portrayed as
competitors, eager to ease out each other in the pursuit of the Marcos loot. Through this
bill, the State commits to support the claim of victims of human rights violations against
the Marcoses, in line with the constitutional mandate protecting human rights.

Hence, this bill sets aside part of what the State has recovered from Marcos' ill-
gotten wealth for the victims. It amends the existing Comprehensive Agrarian Reform
Law (Republic Act 6657), specifically Section 63 (b) which imposes a legal obstacle to
any attempt to compensate the victims by requiring recoveries of the Presidential
Commission on Good Government to be turned over to the Agrarian Reform Fund.

The principal source of funds for the implementation of this bill are the funds transferred
through the December 10, 1997 Order of the Swiss Federal Court, which the Philippine
Supreme Court on July 15, 2003 (G.R. No. 152154) adjudged were ill-gotten and
forfeited in favor of the Republic of the Philippines. These funds were held in escrow
through the Philippine National Bank until their transfer to the Bureau of Treasury,
including interests and accruals. It is important to note that the decision of the Swiss
Court had required the Philippine government to indemnify the victims.

A careful distinction, however, is made between the responsibility of the State to

recognize human rights violations from that of the liability of the Marcos heirs. No
amount of compensation coming from public coffers can be considered as satisfying
Marcos' personal debt to the victims or giving effect to any settlement.

Today, in most countries that underwent authoritarian rule, there has been a growing
demonstrable commitment to redress past wrongs by instituting remedies for victims of
human rights abuses:

In Chile, after more than 2,000 human rights abuses were documented by the
National Commission on Truth and Reconciliation, a law was enacted in 1992
providing a wide range of economic and welfare benefits for the victims and their
families. These include a readjustable monthly allowance plus a lump sum
compensation equivalent to 12 times the monthly allowance, free medical
benefits to all beneficiaries and an educational grant to the children of victims.

In Argentina, a progressive compensation policy instituted reparations for the
victims of the country’s “dirty war” which took place from 1976 to 1983. Of over
8,800 petitions received, 5,000 have already been settled. A special act was
promulgated providing for compensation to persons who “were in a situation of
enforced disappearance or who had died as a result of acts by the armed or
security forces or any paramilitary group.” A separate act grants a “non-
contributing pension” to the relatives of persons who disappeared.

In South Africa, justice for apartheid victims has been substantially achieved
through a Truth and Reconciliation Commission under the Promotion of National
Unity and Reconciliation Act passed in 1995. The Commission's reparation and
rehabilitation policy includes urgent interim reparations, individual reparation
grants in the form of financial payments for a six-year period, symbolic
reparation through the erection of memorials and renaming of public places.

The Philippines can do no less. Indemnification is an imperative step towards the

effective enforcement of the administration of justice, the healing process of victims and
society as a whole, and in serving as a deterrent to future human rights violations.
Immediate approval of this bill is hence earnestly sought.

SATUR C. OCAMPO CRISPIN B. BELTRAN LIZA L. MAZA

Bayan Muna Party-List Anakpawis Party-List Gabriela Women’s Party
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FOURTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1114

______________________________________________________________________________

Introduced by Representatives SATUR C. OCAMPO, CRISPIN B. BELTRAN

and LIZA L. MAZA
______________________________________________________________________________________

AN ACT
MANDATING COMPENSATION TO VICTIMS OF HUMAN RIGHTS VIOLATIONS DURING
THE ENTIRE PERIOD OF MARTIAL LAW FROM SEPTEMBER 21, 1972 TO FEBRUARY 25, 1986
AND APPROPRIATING FUNDS THEREFOR

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

Congress assembled:

Section 1. Short Title. – This Act shall be known as “Martial Law Victims Compensation
Act of 2007.”

Section 2. Declaration of Policy. – Article II, Section 11 of the Constitution of the

Republic of the Philippines declares that the State values the dignity of every person and
guarantees full respect for human rights. Pursuant to this declared policy, Article III,
Section 12 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.

Consistent with the foregoing, it is hereby the declared policy of the State to
recognize the inestimable suffering and loss of all those who were victims of involuntary
disappearance, summary execution, torture, political imprisonment and other gross
human rights violations that were committed by agents of the State, with the direct or
indirect support or consent or acquiescence of the government, against those who were
suspected of or were merely dissenting, in the exercise of their civil and political rights,
against the martial law regime of President Ferdinand Marcos which reigned from
September 21, 1972 until its ouster from power on February 25, 1986. The State
acknowledges its moral and legal obligation to compensate such victims or their families,
which compensation under this Act shall be separate and distinct from indemnification
arising from any court award or settlement agreement which such persons may be
entitled to receive from the Estate of Ferdinand E. Marcos and other non-government
sources.

Section 3. Definition of Terms. – The following terms shall be understood under this
Act as follows:

a. “Compensable Human Rights Violation” refers to any of the following acts or

 omissions of agents of the State against those who were suspected of or were
merely dissenting against the martial law regime of President Ferdinand Marcos
in the exercise of their civil and political rights, whether said agents were acting
with the direct or indirect support, consent or acquiescence of the government
during the period starting from the imposition of martial law on September 21,
1972 until February 25, 1986 when then President Marcos was ousted from
power:

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
President Ferdinand Marcos as well as any arrest or detention carried out on
the basis of an “Arrest, Seize and Seizure Order” (ASSO), a “Presidential
Commitment Order” (PCO) or a “Preventive Detention Action” (PDA) which
are, under this Act, deemed illegally issued by President Marcos;

2. The killing, or torture of, or infliction of physical injury upon a person; and

3. Any involuntary or enforced disappearance caused upon a person who was

arrested, detained or abducted against his/her will or otherwise deprived of
his/her liberty, followed by a refusal of the agents of the State to
acknowledge that deprivation of freedom or to give information on the fate or
whereabouts of the disappeared person, which places such person outside
the protection of the law.

b. “Human Rights Violation Victim” (HRVV) means a person who is a victim of

any of the human rights violations specified in Section 3 (a) of this Act.

c. “Compensable HRVV” means an HRVV who is qualified for compensation

under this Act.

d. “Agents of the State” refer to the following persons 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 member of a paramilitary group not
organically part of the PC, INP, AFP or CHDF but under the operational
control or supervision of any other agent of the State or had received or
possessed any money, equipment or other property of or from the State;

2. Any member of the civil service, including citizens who held elective or
appointive public office at any time from September 21, 1972 to February
25, 1986;

3. Those persons referred to in Executive Order Nos. 1, 2 and 14 s, 1986,

including Ferdinand Marcos, his spouse Imelda Marcos, as well as those
persons, relatives, associates and subordinates referred to in said laws.

e. “Torture” refers to any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person under the custody of agents of the
 State, for such purposes as obtaining from him/her or a third person information
or a confession, punishing him/her for an act he/she or a third person has
committed or is suspected of having committed, or intimidating or coercing
him/her or a third person, or for any reason, when such pain or suffering is
inflicted by or at the instigation of or with the consent or acquiescence of an
agent of the State.

Section 4. Human Rights Litigation Victims as Compensable HRVV. –

Notwithstanding any other provision in this Act, the nine thousand five hundred and
thirty-nine (9,539) persons named as class suit judgment creditors and the twenty-four
(24) direct action judgment creditors in the Human Rights Litigation against the Estate of
Ferdinand E. Marcos who have already completed the process of validation and in
whose favor a final and executory judgment has been rendered by the United States
District Court in the State of Hawaii (Multi-District Litigation No. 840) shall be
conclusively declared Compensable HRVVs and shall automatically qualify and obtain
first priority to receive compensation under this Act.

Section 5. Non-Waiver. – The receipt of the compensation under this Act by any of the
said human rights violation victims shall not constitute a waiver of any claim 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, or is held in
escrow, or subject to a “freeze order” or its equivalent, or is in custodia legis, under the
legal system of the Republic of the Philippines or that of a competent foreign
government.

Section 6. Compensation. – Any Compensable HRVV shall receive compensation from

the State as prescribed herein: Provided, that for Compensable HRVVs who are
deceased, their spouse, children, parents, nearest relative/s within the fourth civil degree
or such other person named by the executor or administrator of the deceased HRVV’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 or entity, other than the Republic, in any
situation involving any human rights violation under this Act.

The amount of compensation to be awarded to a compensable HRVV shall be based on

the following factors:

a. Victims of involuntary or enforced disappearance shall receive the highest

amount of compensation, which shall be fixed and uniform among all qualified
claimants;

b. Victims of summary execution shall receive the next highest amount of

compensation, which shall be fixed and uniform among all the same claimants;

c. Victims of torture and illegal detention shall receive the basic amount of
compensation, which shall be fixed and uniform among all the same claimants
regardless of the length of detention, physical and psychological injury suffered,
or method of torture used upon the victim;

d. The amount of compensation as specified in abovementioned items a, b and c

 shall be determined by and take into consideration the availability of funds and
the total number of claimants as of the end of the prescriptive period for filing
provided in Section 9 of this Act;

e. In the event there are additional funds available after monetary compensation is
awarded to qualified compensable HRVVs, additional monetary compensation
shall be further awarded to the same claimants in accordance with the foregoing
factors.

Section 7. Manner of Allocation. – The amount allocated for the compensation of

HRVVs under this Act shall be divided in the following manner:

a. Fifty percent (50%) of the amount allocated for the compensation of HRVVs
under this Act shall be awarded to the HRVVs referred to in Section 4. The
Commission for the Compensation and Recognition of Martial Law Victims shall
immediately fix the amount of compensation for and directly pay each of the said
HRVVs upon verifying that he/she is one of the nine thousand five hundred and
thirty nine (9,539) or one of the twenty-four (24) direct action judgment creditors
in the Human Rights Litigation against the Estate of Ferdinand E. Marcos
referred to in Section 4.

b. The remaining fifty percent (50%) of the amount allocated for the compensation
of HRVVs under this Act shall be divided among other Compensable HRVVs
who are not included in the HRVVs referred to in Section 4. Compensation shall
be paid directly to the Compensable HRVV as soon as the Commission for the
Compensation and Recognition of Martial Law Victims, as provided in Section
11, has issued a decision with finality on the amount of compensation to be
awarded him/her.

Section 8. Recognition and Apology. – All Compensable HRVVs, independently of

any award of compensation and including those who choose not to receive
compensation, shall be recognized by the State as an HRVV during the entire period of
martial law from September 21, 1972 to February 25, 1986 and shall receive an official
apology from the State, through the Commission for the Compensation and Recognition
of Martial Law Victims.

Furthermore, for purposes of historical and official recognition, the State shall establish a
roster of the names of the human rights violation victims of this era and shall also cause
the construction of statues, memorials, monuments or museums in memory of the
important role and sacrifice made by the martyrs and heroes of the martial law era. The
said 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.

Section 9. Period for Filing of Claims. – Any HRVV shall file an application for
compensation and/or recognition, as respectively provided for in Sections 7 and 8
hereof, within one (1) year from the date of publication of the implementing rules and
regulations of this Act: Provided, That for HRVVs who are deceased or incapacitated,
their spouse, children, parents, nearest relatives within the fourth civil degree or such
other person named by the executor or administrator of the deceased HRVV’s estate,
shall be entitled to file an application for compensation on behalf of the deceased or
incapacitated HRVV; Provided further, That the Commission shall utilize all avenues to
disseminate the widest information about the period for filing of claims as set forth under
Section 14 of this Act.

Section 10. Creation of a Commission for the Compensation and Recognition of

Martial Law Victims. – There shall be created an independent Commission for the
Compensation and Recognition of Martial Law Victims hereinafter tasked with the
implementation of the verification and compensation process under this Act.

a. Composition. – The seven-member Commission shall be composed of a

Chairperson, a Vice-Chairperson and five (5) members of known probity,
integrity and human rights advocacy:

1. The Chairperson of the Commission on Human Rights (CHR) who shall

hold, ex-officio, the position of Commission Chairperson;

2. A retired justice of the Supreme Court who shall hold the position of
Commission Vice-Chairperson;

3. One (1) representative each from the following three (3) non-government
human rights organizations extant during martial law and which are still
actively involved in advocating for the rights of HRVVs, namely the Samahan
ng mga Ex-Detainees Laban sa Detensyon at para sa Amnestiya (SELDA),
Friends and Families of Victims of Disappearances (FIND) and the Task
Force Detainees of the Philippines (TFD), as members of the Commission;

4. The Chief Librarian of the University of the Philippines Main Library, which is
the current repository by various human rights organizations of important
documents and records of the martial law period, including those used in the
Marcos Human Rights Litigation (Multi-District Litigation 840) in the United
States Federal Court System; and

5. One (1) known human rights advocate from the legal profession.

b. Appointment. – The President shall appoint the members of the Commission,

except the position of Chairperson which shall be assumed by the Chairperson
of the Commission on Human Rights in an ex-officio capacity, from a list of
nominees submitted by the CHR and the three (3) human rights organizations
referred to in Section 10 (a)(3): Provided, That any member of the Commission
who is an applicant under this Act shall inhibit himself/herself with respect to
his/her application.

Section 11. Powers and Functions. – The Commission shall have the following powers
and functions:

a. Receive all claims filed pursuant to Section 8 of this Act and all documents
supporting said claims;

b. Evaluate, process, investigate and verify all claims under this Act within sixty
(60) working days from the submission of the documents: Provided, That the
Commission, in relation to the HRVVs referred to in Section 4, shall immediately
fix the amount of compensation of the said Compensable HRVV, once it has
 established the identity of the applicant as one of those referred to in Section 4.
The Commission may deny an application filed by an HRVV referred to in
Section 4 if the applicant fails to prove that he/she is one of those listed as
judgment creditors provided in Section 4;

c. Administer oath, issue subpoena duces tecum and ad testificandum, receive

testimony and conduct hearings, as may be necessary, to verify or evaluate
applications filed;

d. Approve or deny a claim within thirty (30) working days after the completion of
the investigation earlier specified;

e. Ensure that the truth behind all human rights violations are thoroughly
documented pursuant to Section 13 of this Act;

f. Deputize such appropriate government agencies and/or government officers

and personnel as well as non-government human rights organizations to
perform functions or tasks as may be necessary for the effective discharge of
their functions and responsibilities;

g. Fix the amount of compensation to be awarded to Compensable HRVVs who

filed their claims under Section 9 hereof in accordance with Sections 6 and 7
based on the supporting documents submitted under Section 13 of this Act and
award the same;

h. Fix the amount of compensation to be awarded to Compensable HRVVs who

are automatically qualified under Section 4 hereof in accordance with Section 7
based on the supporting documents of the application and other documents
which may include those forming part of the records of the Marcos Human
Rights Litigation, Multi-District Litigation 840 in the United States Federal Court
System and award the same;

i. Resolve any motion for reconsideration on a denial of an application or on the

amount of compensation awarded within seven (7) working days from the date
such motion is filed with the Commission. All decisions of the Commission shall
be final and executory; and

j. Issue the recognition and apology provided for in Section 8.

Section 12. Source of Compensation. – The funds transferred through the December
10, 1997 Order of the Swiss Federal Court and which were held in escrow through the
Philippine National Bank until their transfer to the Bureau of Treasury where they are
now held, including interests and accruals, are the principal source of funds for the
implementation of this Act. The amount of Ten Billion Pesos (P10,000,000,000.00) shall
be set aside from the said funds for the purpose of compensation that shall be awarded
under this Act.

Section 13. Verification and Documentation of Claims. – This will be undertaken as

follows:

a. Applications Under Section 4. – As part of the implementation of this Act,

 applicants applying as Compensable HRVVs under Section 4 shall submit to the
Commission a sworn statement to the effect that, and supported by identification
documents such as driver’s license or passport or other forms of identification
sufficient to prove that, he/she is the same person listed in the cases mentioned
in Section 4. The Commission may refer to the records of the plaintiffs in the
Human Rights Litigation against the Estate of Ferdinand E. Marcos (Multi-
District Litigation No. 840) for the purpose of ascertaining the amount of
compensation as provided in Section 6. The Commission may deny an
application by HRVVs referred to under Section 4 if he/she fails to prove that
he/she is one of the HRVVs listed in the cases referred to in Section 4.

b. Other Applications. – All other applicants under this Act, except for those
referred to in Section 13 (a), shall execute a detailed sworn statement, narrating
the circumstances of the human rights violation committed against him/her,
accompanied by any of the following: relevant photographs, letters, birth,
medical and/or death certificates, pleadings and other judicial or quasi-judicial
documents, documentation from local and international human rights
organizations, newspaper or videotaped accounts, or materials including
corroborative statements or testimonies of witnesses, or any other supporting
documents or evidence that may be required for verification and award of any
compensation.

c. Documentation. – All documents and other relevant materials, including those

documents which form part of the records of the Marcos Human Rights Litigation
in the United States Federal Court System, shall be compiled by the
Commission for the Compensation and Recognition of Martial Law Victims, with
the assistance of the University of the Philippines Main Library, the National
Library, the National Historical Institute (NHI), the Commission on Human Rights
(CHR), and such other government and non-government organizations that the
Commission may engage for purposes of documenting and establishing an
archive of human rights violations during martial law.

Section 14. Implementation. – The Commission is hereby mandated to implement this

Act. They shall ensure that the funds appropriated or which may become available as
compensation for victims of human rights violations are properly disbursed in
accordance with the policy stated by Congress.

The Chairperson of the CHR within fifteen (15) days from the effectivity of this Act shall,
upon consultation with human rights organizations and together with the three (3) human
rights organizations referred to in Section 10 (a)(3), submit to the President the list of
nominees for members of the Commission. The President shall appoint the members of
the Commission within fifteen (15) days from the said submission.

The Commission shall promulgate and publish the rules and regulations necessary for
the effective implementation of this Act within sixty days (60) days from their
organization.

The Commission, in coordination with the Philippine Information Agency (PIA) and the
Department of Interior and Local Government (DILG), shall ensure that information
about the possibility of obtaining compensation under the proposed law be given the
widest dissemination nationwide through all the tri-media and official bulletins in all
barangays.

Section 15. Operational Budget. – The operational budget of Ten Million Pesos
(P10,000,000.00) necessary to fund the initial operations of the independent
Commission created under this Act shall be sourced from the President’s Social Fund.
This budget shall be entirely separate and distinct from whatever fund is identified or
established for the purpose of providing compensation to the qualified HRVVs under this
Act. Thereafter, such funds as may be necessary for the continued implementation of
this Act shall be included as a separate item under the annual General Appropriations
Act.

Section 16. 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 1988, are hereby repealed or amended
accordingly.

Section 17. 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.

Section 18. Effectivity. – This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.

Approved,