REPUBLIC ACT NO. 10368 Summary

 “Human Rights Victims Reparation and Recognition Act of 2013″.
 An act providing for reparation and recognition of victims of human rights violations during the marcos regime

 Definition of Terms:

(a) Detention refers to the act of taking a person into custody against his will by persons acting in an official 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 official capacity and/or agents of the State

Human Rights Violations Victim (HRVV) refers to a person whose human rights were violated by persons acting in an official capacity and/or agents of the State as defined herein.

The human rights violation must have been committed during the period from September 21, 1972 to February 25, 1986.

The 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 official capacity as defined 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.
 Entitlement to Monetary Reparation. — Any HRVV qualified under this Act shall receive reparation from the State, free of tax,
– 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

– 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:

– 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 defined in this Act.

 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.

THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD
 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.

CLAIMANTS, REPARATION AND RECOGNITION
 Claimants. — Any person who is an HRVV may file a claim with the Board for reparation and/or recognition in accordance with the provisions of this Act.
 Conclusive Presumption That One is an HRVV:
– 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,

– That the HRVVs recognized by the Bantayog Ng Mga Bayani Foundation

o Motu Proprio Recognition. — The Board may take judicial notice motu proprio of individual persons who suffered human rights violations

o Section 19. Determination of Award. — (a) The Board shall follow the point system in the determination of the award.
(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 five (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.

o Section 23. Period for Filing of Claims; Waiver. — An HRVV shall file an application for reparation with the Board within six (6) months from the effectivity of the implementing rules and regulations (IRR) of this Act:
Effect of failure to file: deemed a waiver of the right to file 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 file 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 filed within fifteen (15) days from the date of the last publication of the official list of eligible claimants as may be determined by the Board.
o Section 24 Appeal. — Any aggrieved claimant or oppositor may file 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 final and executory.

o Section 25. Penalties; Applicability of the Revised Penal Code. — Any claimant who is found by the Board, after due hearing, to have filed a fraudulent claim, shall be referred to the appropriate office for prosecution.

o Penalty:

1. imprisonment of eight (8) to ten (10) years
2. shall be disqualified from public office and employment and
3. 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.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s