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Republic Act 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

Enacted into law February 26, 2013

 To recognize the heroism and sacrifices of all
Filipinos during the Marcos regime
 specifically, to recognize and/or provide
reparation to the victims and/or their families
for the
deaths, injuries, sufferings, deprivations and
damages suffered . (Section 2)

 Also referred to as the “claimant,”, should meet the following
requisites:
 Any person who suffered human rights violation;
 Violations committed by persons acting in an official capacity
and/or agents of the State;
 Between the period from September 21, 1972 to February 25, 1986
and one (1) month before September 21, 1972 and (1) month after
February 15, 1986
 under the following conditions:
 Violation was committed by agents of the state and/or persons
acting in an official capacity. For the purpose of
preserving, maintaining, supporting or promoting the said regime.
To conceal abuses and/or effects of martial law. (Section 3 (c))


 Any member of the former PC, INP, AFP, CHDF from Sep
21, 1972 to Feb 25, 1986
 Any civilian attached to the PC, INP, AFP, CHDF
 Any member of a paramilitary group even if one is not
organically part of the PC, INP, AFP and CHDF (albeit qualified)
 Any member of the Civil Service including those who held
elective appointive public office during the said period
 Any person or group of persons acting with the
authorization, support or acquiescence of the State during the
Marcos regime
 Persons referred to in Sec.2(a) of EO 1 (Feb 28,1986) creating the
PCGG, including former President E. Marcos, spouse Imelda E.
Marcos, their immediate relatives by consanguinity or affinity, as
well as their close relative, associates, cronies and subordinates.

 HRVs includes, but not limited to, the following:
 search, arrest and/or detention without a valid search warrant or
WOA issued by a civilian court of law, incl .any warrantless arrest
or detention pursuant to the declaration of ML as well as any
deprivation of liberty based of an “Arrest, Search and Seizure
Order” (ASSO), a “Presidential Commitment Order” (PCO) or a
“Preventive Detention Action” (PDA) and etc.
 physical injury, torture, killing or violation of other human rights of
persons exercising civil and political rights;
 enforced or involuntary disappearance as defined under Republic
Act No. 10350;
 any force and intimidation causing involuntary exile of a person
from the Philippines;

 any act of force, intimidation or deceit causing unjust
or illegal takeover of business, confiscation of
property, detention of owner/s and/or their families
 any act causing, committing or conducting
kidnapping or exploiting children of persons
suspected of committing acts against the Marcos
regime , sexual offenses against human right victim
who are detained and/or in the course of conducting
military and/ or police operations.
 Other violations analogous to the foregoing including
those recognized by international law


 Both monetary  and non-monetary
compensation compensation thru
assistance from:
•DOH , •DSWD •CHED •TESDA
•And such other government
agencies

 museum/memorial/
library and compendium
devoted to the HRVVs. (Section
5)

 Any qualified human rights violation victim (HRVV)
personally, OR
 In the absence or incapacity of the HRVV,
 the legal heirs of under the Civil Code:
 Legitimate children and their descendants (art. 985)
 Legitimate parents and ascendants (art.985)
 Illegitimate children (art. 988)
 Surviving spouse (art. 995) without prejudice to rights of brothers
and sisters when they concur (Art.1001)
 Collateral relatives within the fifth degree (Art 1010)
 Such other person named as executor or administrator in the
estate of the deceased or disappeared HRVV. (Section 4)

 They shall enjoy a conclusive presumption with
regard to their claim. This is also true to the
human rights victims as recognized by the
Bantayog ng mga Bayani Foundation. (Section
17)

 To be filed by the HRVV himself/herself
 In case of death, incapacity or enforced
disappearance of the HRVV, the legal heirs
and/or their representative shall be entitled
to file the application on their behalf. (Section
3)

 No special power of attorney shall be recognized
for receipt of the compensation unless the HRVV is
incapacitated. (Section 4)

 Within six (6) months from the effectivity of the
IRR of this Act (No IRR yet)
 Failure to file an application within said period is
deemed a waiver of the right to file the same
 Opposition to the new application/s shall be
filed within 15 days from the date of the last
publication of the official list of eligible
claimants
 Publication of the official list of eligible
claimants once a week for three (3) consecutive
weeks in at least two (2) national newspapers of
general circulation.

Amount shall depend upon the number of points earned in
relation to the HRV suffered by claimant. (Section 6) (1) to
(10) points, as follows:
 10 pts Victims who died or who disappeared and are still
missing
 6-9 pts: tortured and/or raped or sexually abused
 3-5 pts : detained; and
 1-2 pts : Victims whose rights were violated under Section
3, paragraph (b), nos. (4), (5) and (6) under this Act

The Board shall exercise due discretion in the
determination of points :
 frequently and duration of the violation.
 HRVVs who had suffered more In each category
would receive more points.
 If classified in more than one category : points
in the higher category:
 one (1) valid claim which corresponds to the
category obtaining the highest number of points


 Ten Billion Pesos plus accrued interest which is
part of the funds transferred to the Philippines
as adjudged by the Swiss Federal Supreme
Court on December 10, 1997. (Section 7)

 Human Rights Victim’s Claims Board which shall
be composed of nine (9) members , 3 shall be
members of Phil. Bar
 Appointed by the President.
 HR orgs may submit nominations to the
President

 No Compensation Board yet

 shall depend on the IRR and rules to be
promulgated by the Board upon its
constitution and organization. (Section 10)
 Detailed sworn statement narrating the
circumstances of the pertinent human rights
violation/s committed. (Sec.21)
 Other documentary or other evidence that
may be required

 In recognition the sufferings of the
victims, there shall be a roll of victims which
will be integral part of the memorial, museum
and library for martial law. (Section 26)
 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.

 This Commission is created for the
establishment, restoration, preservation and
conservation of the Memorial /Museum/
Library/Compendium in honor of the HRVVs during
the Marcos regime. It shall be governed by a Board
of Trustees. (Section 27)
 Chairperson of CHR head
 Co- Chair : National Historical Commission
 Members CHED, NCCA, DepEd, UP Diliman Main
Library
 Budget of 500 Million

 Secretariat of the Compensation Board may
come from existing employees of the
Commission subject to the discretion of the
Board which may hire outside applicants.
 The Chairperson of the CHR shall head the Board
of Trustees created to establish the
museum, library and memorial for the human
rights victims.
 The Commission shall also help in the
preparation of modules for the teaching of
martial law in schools. (Section 27)

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
officio.

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