RA 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
Human rights violation covers the following:
-any search, arrest or detention without a valid search warrant or warrant of arrest issued by a
civilian court of law.
-infliction by a person acting in an official capacity or agent of the State of physical injury, killing
or violation of human rights of any person exercising civil or political rights.
Any involuntary disappearance caused upon a person who was arrested, detained or abducted
against ones will or otherwise deprive of ones liberty
-any force or intimidation causing the involuntary exhile of a person from the Philippines
Kidnapping children of persons suspected of committing act against the Marcos regime
-Committing sexual offenses against human rights victims who were detained

Who may commit such violation:
a) By agents of the State and/or persons acting in an official capacityfor the purpose of preserving,
maintaining, supporting or promoting the said regime; or to conceal abuses during the Marcos
regime and/or the effects of Martial Law.
Forms of reparation:
1. Monetarty reparation
2. Non- Monetary Reparation
Human Rights Victims Claims Board:
Composed of one chairman and eight members.
Qualifications:
a) Must be of known probity.
b) Must have deep understanding and knowledge of human rights violation committed during
Marcos regime.
Functions:
Receive, evaluate, process and investigate applications for claims under this Act.
Issue sub poena ad testificandum and subpoena duces tecum
Conduct independent administrative proceeding and resolve disputes over claims.
Approve with finality all eligible claim.
Deputize appropriate government agencies to assist it in order to effectively perform its
functions.
* The members of the board shall be appointed by the president. However, human rights organizations
may submit nominations to the president.
Point System:
Victims who died or who disappeared and are still missing shall be given 10 points;
Victims who were tortured or was sexually abused shall be given 6 to 9 points.
Victims who were detained shall be given 3 to 5 points.
*Any force or intimidation causing the involuntary exile of a person from the Philippines;
*Any act of force, intimidation or deceit causing unjust or illegal takeover of a business, confiscation 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 affinity, 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;
Any act or series of acts causing, committing and/or conducting the following:

(i) Kidnapping or otherwise exploiting children of persons suspected of committing acts against the
Marcos regime;
(ii) Committing sexual offenses against human rights victims who are detained and/or in the course of
conducting military and/or police operations shall be given one to two points.
Who may file:
When and How to apply and remedy when denied:
Applicants must personally file their application together with its attachments on May 12, 2014.
The termination of the same will be on November 10, 2014.
The board by division shall conduct a summary proceeding following the rules on summary
procedure.
If the claimants application was denied by board of division, the claimant may file an appeal
within 10 days from receipt of the resolution.
Penalty for filing fraudulent claims:
- 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. If convicted, he shall suffer the imprisonment of eight
(8) to ten (10) years, shall be disqualified from public office 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 officer, 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 officer, 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.

DEATH PENALTY
The death penalty is the ultimate denial of human rights. It is the premeditated and cold-blooded killing
of a human being by the State. This cruel, inhuman and degrading punishment is done in the name of
justice.
Currently, 58 nations actively practice capital punishment, 98 have abolished it completely, 7 use it only
for particular crimes like treason, and 35 have not executed anyone for at least 10 years.
A Brief History
Death Penalty in the Philippines
Sources: Amnesty International, PCIJ, OPS
President Corazon C. Aquinos Administration 1987
The Death Penalty was abolished under the 1987 Constitution.
All death sentences were reduced to reclusion perpetua or life imprisonment.
The Philippines became the first Asian country to abolish the death penalty for all crimes.

President Fidel V. Ramos Administration
A series of high profile crimes during this period, including the murder of Eileen Sarmenta and Allan
Gomez, created public impression that heinous crimes were on the rise.

President Fidel V. Ramos Administration 1993
The Ramos administration reimposed the death penalty by virtue of Republic Act No. 7659 in December
13, 1993 to address the rising criminality and incidence of heinous crimes.

President Fidel V. Ramos Administration 1996
Republic Act No. 8177, which mandates that a death sentence shall be carried out through lethal
injection, was approved on March 20, 1996.
President Joseph Estradas Administration 1999
Leo Echegaray, 38, was executed by lethal injection on February 5, 1999. He was the first to be executed
after the Philippines restored death penalty.
Six more men followed within the next 11 months.
President Joseph Estradas Administration 2000
On March 24, 2000, Estrada imposed a de facto moratorium in observance of the Christian Jubilee Year.