Human Rights Victim’s Claim Application Form

Reparation and/or recognition

Date of birth / death

Name of HRVV

Civil Status

Gender

Name of Legal heir/authorized representative

Relationship to victim

Place and Date of birth of LG/AR

Gender / Civil Status

Contact information –

mailing address; contact

number; e-mail address

Name Birthday / Address

Contact Details

FOR VERIFICATION PURPOSES ONLY

Human Rights

Violations} Analogous circumstances

Details of HRVV

Proof of Human Rights

Violations{Proof of identity{

Must comply with 2004 Rules of Notarial Practice. PAO and IBP offer free notarization

To grant consent to the HRVCB to share/publish

information

To attest to the veracity and truthfulness of information

supplied by applicant

Frequently Asked Questions

What is Republic Act No. 10368?

RA 10368 is the “Human Rights Victims Reparation and Recognition Act of 2013”. Through this law, the State:

Recognizes the heroism and sacrifices of human rights violations victims (HRVVs) during the regime of former President Ferdinand E. Marcos covering the period from September 21, 1972 to February 25, 1986; and

Acknowledges its moral and legal obligation to recognize and provide reparation to the victims.  The Human Rights Victims Claims Board (HRVCB), a quasi-judicial body, was created to receive, evaluate and process all claims, award reparation, and recognize the victims by enshrining their names in the Roll of Human Rights Violations Victims.

Who may apply?

1. A person who is a human rights violation victim (HRVV) as defined by the law;

2. Claimants who are conclusively presumed to be a HRVV under the law:

3. Legal heir/s, or authorized representative of HRVVs who are deceased, incapacitated, or involuntarily disappeared.

Human Rights Violations Victim

To be considered an HRVV, the human rights violation/s must be among those enumerated in the following table and committed by persons acting in an official capacity and/or agents of the State during the period from September 21, 1972 to February 25, 1986. Violations committed one (1) month before and (1) month after these dates are included, provided that they were committed: 

1. by agents of the State and/or persons acting in an official capacity;2. for the purpose of preserving, maintaining, supporting or promoting

the said regime; or3. to conceal abuses during the Marcos regime and/or the effects of

Martial Law.

Conclusively Presumed Victims

The claimants who are conclusively presumed to be HRVVs are

1) the class suit and direct action plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand E. Marcos in the US Federal District Court of Honolulu, Hawaii who won a favorable judgment, and

2) the HRVVs recognized by the Bantayog ng mga Bayani Foundation.

What do reparation and recognition mean under the law? Reparation, under R.A. 10368, refers to the obligation of the State to restore the rights and uphold the dignity of the victims, which is part of the right to an effective remedy. It shall be both monetary and non-monetary. Recognition, on the other hand, refers to the acknowledgment by the State of the violations committed against persons who are victims of human rights violations. This shall be manifested by enshrining the names of HRVVs in the Roll of Human Rights Violations Victims.

What documents are needed?The applicant shall submit the following to support eligibility as a claimant:• Application Form;• Detailed notarized statement of the human rights violation;• Proof of filiation and relationship issued by the National Statistics

Office (NSO) or Office of the Local Civil Registrar. In the absence thereof, affidavits of at least two (2) disinterested individuals;

• In case the HRVV is physically incapacitated to file the application personally, a notarized authorization showing proof of identity of the authorized representative and his/her bona fide relationship with the victim;

• In case of mental or psychological disability of the HRVV, proof of filiation and relationship of the nearest next of kin in accordance with the Civil Code provisions on succession issued by the NSO or Office of the Local Civil Registrar.

What are needed to prove HRVV?

One or more of the following:• NSO-issued or local death certificate;• Warrant of arrest, seizure orders (PDA, PCO, ASSO), mission order and other similar

documents;• Certification by custodial government agencies on the fact of detention, carpeta,

police blotter, NBI files, release papers and other similar documents;• Doctor’s affidavit, medico-legal, autopsy or pathology certificate or report, and

other similar documents;• Declassified documents from the Department of National Defense and other

government agencies;• Court records;• Original or duly certified lawyer’s records;• Photographs with affidavit of proper authentication;• Sworn statement of two (2) co-detainees or two (2) persons who have personal

knowledge of the circumstances surrounding the HRV;• Secondary sources of information from reliable sources may be presented such as

church/non-government organization report, books documenting HRVs, news clippings or other similar documents;

• Other documents and evidence attesting the occurrence of the incident and violations or that may be required for the award of any reparation.

What is the procedure for the filing of an application?• Step 1 – Accomplish application form and attach notarized statement about

the Human Rights Violation/s, together with other documents to support eligibility and proof of human rights violations.

• Step 2 – Submit application and documents to the receiving section of the Secretariat. Complete applications will be referred to the encoding section. Incomplete applications will be returned to applicant for completion

• Step 3 – Applicant’s photograph and fingerprint will be taken. Acknowledgment Receipt will be issued, to be used for identification, for tracking claims and for receiving reparation.

What happens after the application is filed?

• The Board will evaluate each individual claim and decide on eligibility to receive monetary reparations. • The preliminary list of eligible claimants will be

published to give opportunity for the filing of opposition and/or appeal. • The final list of eligible claimants will be published after

all oppositions and/or appeals have been resolved.• The monetary award per claim will be determined

within thirty (30) days from publication of the final list of HRVVs.

When will monetary reparations be distributed?After the monetary award for all claims has been finally determined, distribution shall be scheduled by the Board and each claimant shall be duly notified of the details for delivery of monetary reparations due him/her.Where can I get an application form?You may get a copy of an application form duly issued by the Board at its office or at on-site satellite offices to be designated later: Human Rights Victims’ Claims Board E. Virata Hall E. Jacinto St. UP Diliman, Quezon City Website: www.hrvclaimsboard.gov.ph

What are the prohibited acts and corresponding penalties?

Filing of a fraudulent, fictitious or spurious claim by any claimant Imprisonment of eight (8) to ten (10)

years, Disqualification from public office and

employment and Deprivation of the right to vote and be

voted for in any national or local election, even after the service of sentence o unless granted absolute pardon.

Misuse, embezzlement or misappropriation of reparation funds by any member of the Board, its Secretariat, public officer, employee of an agency or any private individual mandated to implement the Act

Penalty under the Revised Penal Code and relevant special penal laws

Commission of fraud in the processing of documents and claims of HRVVs, or conspiracy with any individual to commit the same by any member of the Board, its Secretariat, public officer, employee of an agency or any private individual mandated to implement the Act

Penalty under the Revised Penal Code and relevant special penal laws

What are the human rights violations covered and how many points are assigned to each?• The Board will evaluate each individual claim and

decide on eligibility to receive monetary reparations. • The preliminary list of eligible claimants will be

published to give opportunity for the filing of opposition and/or appeal. • The final list of eligible claimants will be published after

all oppositions and/or appeals have been resolved.• The monetary award per claim will be determined

within thirty (30) days from publication of the final list of HRVVs.

Killing of persons exercising their civil and political rights; Involuntary disappearance (still missing) as defined in RA1035[3] ;

10 points

Torture, and/or rape or sexual abuse; 6–9 points

Detention without a valid warrant of arrest issued by a civilian court; 3-5 points

Force or intimidation causing involuntary exile from the Philippines; 1-2 points

Force intimidation or deceit causing unjust or illegal takeover of business, confiscation of property, deprivation of livelihood, etc;

1-2 points

Kidnapping or otherwise exploiting children of persons suspected of committing acts against the Marcos regime; sexual offenses against human rights victims who are detained.

1-2 points

Human Rights Violations

What are the human rights violations covered and how many points are assigned to each?

What are the human rights violations covered and how many points are assigned to each?

Where should the HRVVs/claimants file their applications? Applications must be personally filed with the Secretariat of the Board at its main office at the University of the Philippines Institute for Small Scale Industries, E. Jacinto Street, Quezon City, or at on-site/satellite intake offices to be designated. When should the applications be filed? The claims must be filed from May 12, 2014 to November 10, 2014. Failure to file within this period is deemed a waiver of the claim. Is there a fee for the filing of applications? There is no fee for the filing of applications or appeals. The Board has not authorized any individual or organization to receive applications or appeals, collect fees or to act on its behalf.