Human Rights Victim’s Claim Application Form and FAQs
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Transcript of Human Rights Victim’s Claim Application Form and FAQs
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.