Makabayan bloc seeks new law providing recognition, compensation to human rights victims during Marcos Sr. admin

A new bill providing recognition and financial compensation for the victims of human rights violations during the time of the late President Ferdinand Marcos has been filed in the House of Representatives.

Makabayan bloc party-list lawmakers Raoul Manuel of Kabataan, France Castro of Alliance of Concerned Teachers and Arlene Brosas of Gabriela made the proposal under House Bill 3505 or the New Human Rights Victims Reparation and Recognition Act of 2022 which will also provide non-monetary aid to the victims of human rights violations from 1972 to 1986.

The amount of reparation under this bill will be proportionate to the gravity of the human rights violation committed on the victims  and in accordance with the number of points assigned to the individual as follows:

• victims who died or who disappeared and are still missing (10 points)
• victims who were tortured and/or raped or sexually abused (six to nine points)
• victims who were detained (three to five points) and
• other human rights violations (one to two points)

Under the bill, such reparation will be funded by the P10 billion ill-gotten wealth of the Marcos family as ruled by the Swiss Federal Supreme Court in December 1O, 1997 and the Philippine Supreme Court in July 15, 2003.

The bill also states that for a deceased or involuntary disappeared human rights violation victims, 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 human rights violation victim  estate in that order, will also be entitled to receive such reparation.

No special power of attorney, however, will 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 from the Claims Board, unless the victim involved is shown to be incapacitated to the satisfaction of the Board or could not personally do so for reasons of severe illness, threat to life or security.

Furthermore, the reparation received under this proposed measure will be granted without prejudice to the receipt of any other sum by the human rights violation victim from any other person or entity in any case involving violations of human rights as defined in this bill.

There is an existing law, the Human Rights Reparation and Recognition Act in 2013, which provided financial compensation to the victims of human rights violations during the Marcos reign from 1972 to 1986.

But in their explanatory note, the Makabayan lawmakers noted that the 2013 law or Republic Act 10368 hardly covered the victims mainly because the Claims Board, which was only in tenure until May 2018, denied a lot of claim applications based on technicalities that will be remedied by the new law.

"Nine years after RA 10368 was passed, and 30 years after the landmark decision [of US Federal Court] in Hawaii [in 1995], relatives and friends of the human rights violations are still crying out for justice. Most of the victims are now very old and continue to be impoverished. They were certainly overwhelmed by the legal procedures and requirements of the law, as well as the difficulty in the submission of simple affidavits from witnesses and human rights organizations who could confirm their status as detainees or human rights violations victims," their explanatory note on the measure read.

"RA 10368 should have considered the state of the victims and the difficulty they will encounter if the law is not liberalized to provide them with the best opportunity to process their claims without compromising the integrity of the process. Many of those who were disqualified or denied were disqualified on the basis of technicality such as failure to promptly present evidence or testimony or submit duly notarized affidavits; failure to reply or understand notices, rules and regulations, deadlines of submission; and other problems encountered by ordinary people not familiar with legal procedures. Many of them never had a due process chance to even file an appeal from the decision denying their claim outright," they added.

Manuel, one of the authors of the proposed 2022 Human Rights Reparation and Recognition Act, lamented in a separate press conference that the 2013 law was only able to provide compensation to at least 11,000 victims.

"Naifile natin ang House Bill 3505 upang kilalanin ang mga biktima ng Martial law sa ilalim ng diktador na si Marcos Sr. at bigyan sila ng kompensasyon. As it is, hindi man lang kalahati ng 70,000 ng Martial Law survivors ang nakakuha ng compensation," Manuel said.

(We filed this measure to recognize the victims of Martial Law under the Marcos dictatorship, and to give them compensation. As it is, not even half of the 70,000 Martial law survivors were able to get compensation.)

"This [bill] serves as a symbol that we take our history to heart, and our history cannot be erased," Manuel added.

Editha Castro of Samahan ng Ex-detainees Laban sa Detensyon at Aresto (SELDA) also expressed frustration that those Martial Law victims granted compensation by the US Federal Court in Hawaii in 1995 as result of the civil case they brought against the Marcos family were denied claims under the 2013 Philippine law.

House Bill 3505 identified these Hawaii case plaintiffs as Maurice Anugot, Cesaria Anugot, Marilyn Anugot, Eufecio Anugot, Welito Anugot, Teofilo Anugot of Balamban Massacre, Raul Deri of Sorsogon, and Reynaldo Garcia of Manila.

"Nandito po ang ebidensiya, mga death certificates...pero dineny [ang claim]. Bigyan natin ng hustisya ang mga namatay," Castro said, holding voluminous documents in her hand.

(We have evidence here, we have death certificates, but these were denied claims. Let us give justice to those who died.)

"Buti ka iyong namatay, alam mo na namatay, mapupuntahan mo ang puntod. E paano iyong mga nawala? Hanggang ngayon, wala pa rin sila," Castro added.

(At least, for those dead, you know they are dead and you know where to visit their grave. How about those who were forcibly disappeared? They are yet to show up to this day.)

Former Bayan Muna party-list Representative Satur Ocampo, also one of those Martial Law survivors, said the new reparations law will serve justice that has long been denied to victims of such a dark chapter in the nation's history.

"Kailangan maisara na itong yugto ng Marcos Martial law, lalo na't nakabalik na ang pamilya ng diktador sa kapangyarihan, sa pamamagitan ng pagbibigay ng hustisya," Ocampo said.

(We need to close this chapter on Marcos Martial law, especially that the dictator's family is back in power, by providing justice.)

"We had a law, pero hindi sumapat (but it wasn't enough)," Ocampo added. 

When GMA News Online reached the Palace for its reaction, Press Secretary Trixie Cruz-Angeles replied: "Wala po kaming reaksyon."

GMA News Online also sought a comment from Senator Imee Marcos, but she has yet to reply as of posting time.— RSJ, GMA News