HR compensation bill for discussion at Senate plenary

MANILA, Philippines - The Senate is now ready to discuss in plenary the Human Rights Compensation Act of 2012 that will compensate hundreds of victims during the martial rule of the late dictator Ferdinand Marcos from 1972 to 1981.

The Senate committee on justice and human rights and on finance issued committee report 846, allocating the P10-billion plus accrued interest out of the 1997 order of the Swiss Federal Court declaring some assets of the Marcoses as illegally-obtained wealth.

Senators Sergio Osmena III, Francis Escudero, Teofisto Guingona III and Franklin Drilon are the primary authors of the HR Compensation Act in the Senate. The four senators are all perceived allies of President Aquino whose father, late Sen. Benigno Aquino Jr., was also one of the prominent victims of the martial rule.

Under the definition of terms, human rights violation shall include, but not limited to, any of the following acts or omissions committed during the period from Sept. 21, 1972 to Feb. 25, 2986 by persona acting in an official capacity and /or agents of the Senate.

The human rights violationa also cover invalid arrests and warrantless arrests and detention carried out during the declaration of martial law during the Marcos regime as well as “any arrest or detention or deprivation of liberty carried out on of before Feb. 25, 1986 on the basis of an “Arrest and Seizure Order (ASSO)” and “Presidential Commitment Order” (PCO) or a “Preventive Detention Action” (PDA).

The measure also aims to compensate victims of torture or violation of human rights including but not limited to person peacefully exercising civil or political rights, including but not limited to the freedom of speech, assembly or organization; and/or the right to petition the government for redress or organization.

Victims also cover those who were placed under involuntary exile from the Philippines during the Marcos regime.

Under the measure, the persons named as class suit plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand E. Marcos and in whose favor a final and excutory judgement has been rendered by the US District Court in the State of Hawaii “shall be extended the disputable presumption that they are human rights violations victims.

As for compensation, the amount shall be in proportion to the gravity of the human rights violation committed on the HR violation victim or HRVV.

The measure also provides the source of funding the funds transferred through the December 10, 1997 Order of the Swiss Federal Supreme Court and presently held in escrow in connection with Civil Case No. 141. Under this court ruling, the Supreme Court had also rendered judgment in favor of the Republic of the Philippines.

The measure also provides the documentation of any HRVV who shall seek compensation, by executing a detailed sworn statement, accompanied by photographs, letters, death certificates, pleadings and other judicial or quasi-judicial documents. Such documents shall be submitted to the Human Rights Claims Board for processing and approval. Christina Mendez