Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila Fifteenth Congress Third Regular Session Begun and

held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. REPUBLIC ACT NO !"#$% AN ACT PRO&I'ING FOR REPARATION AN' RECOGNITION OF &ICTI(S OF HU(AN RIGHTS &IOLATIONS 'URING THE (ARCOS REGI(E) 'OCU(ENTATION OF SAI' &IOLATIONS) APPROPRIATING FUN'S THEREFOR AN' FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in asse!bled" CHAPTER I PRELI(INAR* PRO&ISIONS Se+tion ! Short #itle. This Act shall be known as the "Human Rights Victims Reparation and Recognition Act of 2 !"#$ Se+tion , $eclaration of Policy. %ection !! of Article && of the !'() *onstitution of the Republic of the Philippines declares that the %tate +alues the dignit, of e+er, human- person and guarantees full respect for human rights$ Pursuant to this declared polic,- %ection !2 of Article &&& of the *onstitution prohibits the use of torture- force- +iolence- threat- intimidation- or an, other means which +itiate the free will and mandates the compensation and rehabilitation of +ictims of torture or similar practices and their families$ ., +irtue of %ection 2 of Article && of the *onstitution adopting generall, accepted principles of international law as part of the law of the land- the Philippines adheres to international human rights laws and con+entions- the /ni+ersal 0eclaration of Human Rights- including the &nternational *o+enant on *i+il and Political Rights 1&**PR2 and the *on+ention Against Torture 1*AT2 and 3ther *ruel- &nhuman or 0egrading Treatment or Punishment which imposes on each %tate part, the obligation to enact domestic legislation to gi+e effect to the rights recogni4ed therein and to ensure that an, person whose rights or freedoms ha+e been +iolated shall ha+e an effecti+e remed,- e+en if the +iolation is committed b, persons acting in an official capacit,$ &n fact- the right to a remed, is itself guaranteed under e5isting human rights treaties and6or customar, international law- being peremptor, in character 1%us cogens& and as such has been recogni4ed as non7derogable$ *onsistent with the foregoing- it is hereb, declared the polic, of the %tate to recogni4e the heroism and sacrifices of all 8ilipinos who were +ictims of summar, e5ecution- torture- enforced or in+oluntar, disappearance and other gross human rights +iolations committed during the regime of former President 8erdinand 9$ Marcos co+ering the period from %eptember 2!- !')2 to 8ebruar, 2:!'(; and restore the +ictims< honor and dignit,$ The %tate hereb, acknowledges its moral and legal obligation to recogni4e and6or pro+ide reparation to said +ictims and6or their families for the deathsin=uries- sufferings- depri+ations and damages the, suffered under the Marcos regime$ ongress

%imilarl,- it is the obligation of the %tate to acknowledge the sufferings and damages inflicted upon persons whose properties or businesses were forcibl, taken o+er- se>uestered or used- or those whose professions were damaged and6or impaired- or those whose freedom of mo+ement was restricted- and6or such other +ictims of the +iolations of the .ill of Rights$ Se+tion # $efinition of #er!s. The following terms as used in this Act shall mean? 1a2 $etention refers to the act of taking a person into custod, against his will b, persons acting in an official capacit, and6or agents of the %tate$ 1b2 Hu!an rights violation refers to an, act or omission committed during the period from %eptember 2!- !')2 to 8ebruar, 2:- !'(; b, persons acting in an official capacit, and6or agents of the %tate- but shall not be limited to the following? 1!2 An, search- arrest and6or detention without a +alid search warrant or warrant of arrest issued b, a ci+ilian court of law- including an, warrantless arrest or detention carried out pursuant to the declaration of Martial @aw b, former President 8erdinand 9$ Marcos as well as an, arrest$- detention or depri+ation of libert, carried out during the co+ered period on the basis of an "Arrest- %earch and %ei4ure 3rder 1A%%32"- a "Presidential *ommitment 3rder AP*32" or a "Pre+enti+e 0etention Action 1P0A2" and such other similar e5ecuti+e issuances as defined b, decrees of former President 8erdinand 9$ Marcos- or in an, manner that the arrest- detention or depri+ation- of libert, was effectedB 122 The infliction b, a person acting in an official capacit, and6or an agent of the %tate of ph,sical in=ur,- torture- killing- or +iolation of other human rights- of an, person e5ercising ci+il or political rights- including but not limited to the freedom of speech- assembl, or organi4ationB and6or the right to petition the go+ernment for redress of grie+ances- e+en if such +iolation took place during or in the course of what the authorities at the time deemed an illegal assembl, or demonstration? Provided-That torture in an, form or under an, circumstance shall be considered a human rights +iolationB 1"2 An, enforced or in+oluntar, disappearance caused upon a person who was arrested- detained or abducted against one<s will or otherwise depri+ed of one<s libert,- as defined in Republic Act Co$ ! ": !- otherwise known as the "Anti7 9nforced or &n+oluntar, 0isappearance Act of 2 !2#B 1D2 An, force or intimidation causing the in+oluntar, e5ile of a person from the PhilippinesB 1:2 An, act of force- intimidation or deceit causing un=ust or illegal takeo+er of a business- confiscation of propert,- detention of owner6s and or their familiesdepri+ation of li+elihood of a person b, agents of the %tate- including those caused b, 8erdinand 9$ Marcos- his spouse &melda R$ Marcos- their immediate relati+es b, consanguinit, or affinit,- as well as those persons considered as among their close relati+es- associates- cronies and subordinates under 95ecuti+e 3rder Co$ !- issued on 8ebruar, 2(- !'(; b, then President *ora4on *$ A>uino in the e5ercise of her legislati+e powers under the 8reedom *onstitutionB 1;2 An, act or series of acts causing- committing and6or conducting the following?

1i2 Eidnapping or otherwise e5ploiting children of persons suspected of committing acts against the Marcos regimeB 1ii2 *ommitting se5ual offenses against human rights +ictims who are detained and6or in the course of conducting militar, and6or police operationsB and 1iii2 3ther +iolations and6or abuses similar or analogous to the abo+eincluding those recogni4ed b, international law$ 1c2 Hu!an Rights 'iolations 'icti! (HR''& refers to a person whose human rights were +iolated b, persons acting in an official capacit, and6or agents of the %tate as defined herein$ &n order to >ualif, for reparation under this Act- the human rights +iolation must ha+e been committed during the period from %eptember 2!- !')2 to 8ebruar, 2:- !'(;? Provided, however, That +ictims of human rights +iolations that were committed one 1!2 month before %eptember 2!- !')2 and one 1!2 month after 8ebruar, 2:- !'(; shall be entitled to reparation- under this Act if the, can establish that the +iolation was committed? 1!2 ., agents of the %tate and6or persons acting in an official capacit, as defined hereunderB 122 8or the purpose of preser+ing- maintaining- supporting or promoting the said regimeB or 1"2 To conceal abuses during the Marcos regime and6or the effects of Martial @aw$ 1d2 Persons )cting in an *fficial apacity and+or )gents of the State., The following persons shall be deemed persons acting in an official capacit, and6or agents of the %tate under this Act? 1!2 An, member of the former Philippine *onstabular, 1P*2- the former &ntegrated Cational Police 1&CP2- the Armed 8orces of the Philippines 1A8P2 and the *i+ilian Home 0efense 8orce 1*H082 from %eptember 2!- !')2 to 8ebruar, 2:- !'(; as well as an, ci+ilian agent attached theretoB and an, member of a paramilitar, group e+en if one is not organicall, part of the P*- the &CP- the A8P or the *H08 so long as it is shown that the group was organi4ed- funded- supplied with e>uipmentfacilities and6or resources- and6or indoctrinated- controlled and6or super+ised b, an, person acting in an official capacit, and6or agent of the %tate as herein definedB 122 An, member of the ci+il ser+ice- including persons who held electi+e or appointi+e public office at an, time from %eptember 2!- !')2 to 8ebruar, 2:- !'(;B 1"2 Persons referred to in %ection 21a2 of 95ecuti+e 3rder Co$ !- creating the Presidential *ommission on Food Fo+ernment 1P*FF2- issued on 8ebruar, 2(!'(; and related laws b, then President *ora4on *$ A>uino in the e5ercise of her legislati+e powers under the 8reedom *onstitution- including former President 8erdinand 9$ Marcos- spouse &melda R$ Marcos- their immediate relati+es b, consanguinit, or affinit,- as well as their close relati+es- associates- cronies and subordinatesB and

1D2 An, person or group6s of persons acting with the authori4ation- support or ac>uiescence of the %tate during the Marcos regime$ 1e2 #orture refers to an, act b, which se+ere pain or suffering- whether ph,sical or mental- is intentionall, inflicted on an, person under the custod, of persons acting in an official capacit, and6or agents of the %tate- as defined b, law- =urisprudence- international con+entions and Republic Act Co$ ')D:- otherwise known as the "Anti7Torture Act of 2 '#$ Se+tion - -ntitle!ent to Monetary Reparation. An, HRVV >ualified under this Act shall recei+e reparation from the %tate- free of ta5- as herein prescribed? Provided, That for a deceased or in+oluntar, disappeared HRVV- the legal heirs as pro+ided for in the *i+il *ode of the Philippines- or such other person named b, the e5ecutor or administrator of the deceased or in+oluntar, disappeared HRVV<s estate in that order- shall be entitled to recei+e such reparation? Provided, further, That no special power of attorne, shall be recogni4ed in the actual disbursement of the award- and onl, the +ictim or the aforestated successor1s27in7interest shall be entitled to personall, recei+e said reparation form the .oard- unless the +ictim in+ol+ed is shown to be incapacitated to the satisfaction of the .oard? Provided, further!ore, That the reparation recei+ed under this Act shall be without pre=udice to the receipt of an, other sum b, the HRVV from an, other person or entit, in an, case in+ol+ing +iolations of human rights as defined in this Act$ Se+tion . .on!onetary Reparation. , The 0epartment of Health 103H2- the 0epartment of %ocial Gelfare and 0e+elopment 10%G02- the 0epartment of 9ducation 10ep902- the *ommission on Higher 9ducation 1*H902- the Technical 9ducation and %kills 0e+elopment Authorit, 1T9%0A2- and such other go+ernment agencies shall render the necessar, ser+ices as nonmonetar, reparation for HRVVs and6or their families- as ma, be determined b, the .oard pursuant to the pro+isions of this Act$ The amount necessar, for this purpose shall be sourced from the budget of the agenc, concerned in the annual Feneral Appropriations Act 1FAA2$ Se+tion $ )!ount of Reparation. , The amount of reparation under this Act shall be in proportion to the gra+it, of the human rights +iolation committed on the HRVV and in accordance with the number of points assigned to the indi+idual under %ection !' hereof$ Se+tion / Source of Reparation. , The amount of Ten billion pesos 1P! $ 2 plus accrued interest which form part of the funds transferred to the go+ernment of the Republic of the Philippines b, +irtue of the 0ecember ! - !'') 3rder of the %wiss 8ederal %upreme *ourtad=udged b, the %upreme *ourt of the Philippines as final and e5ecutor, in Republic +s$ %andiganba,an on Hul, !:- 2 " 1F$R$ Co$ !:2!:D2 as Marcos ill7gotten wealth and forfeited in fa+or of the Republic of the Philippines- shall be the principal source funds for the implementation of this Act$ CHAPTER II THE HU(AN RIGHTS &ICTI(S0 CLAI(S BOAR' Se+tion % reation and o!position of the Hu!an Rights 'icti!s/ lai!s Board. , There is hereb, created an independent and >uasi7=udicial bod, to be known as the Human Rights Victims< *laims .oard- hereinafter referred to as the .oard$ &t shall be composed of nine 1'2 members- who shall possess the following >ualifications? 1a2 Must be of known probit,- competence and integrit,B

1b2 Must ha+e a deep and thorough understanding and knowledge of human rights and in+ol+ement in efforts against human rights +iolations committed during the regime of former President 8erdinand 9$ MarcosB 1c2 At least three 1"2 of them must be members of the Philippine .ar who ha+e been engaged in the practice of law for at least ten 1! 2 ,earsB and 1d2 Must ha+e a clear and ade>uate understanding and commitment to human rights protection- promotion and ad+ocac,$ The Human Rights Victims< *laims .oard shall be attached to but shall not be under the *ommission on Human Rights 1*HR2$ The .oard shall organi4e itself within thirt, 1" 2 da,s from the completion of appointment of all nine 1'2 members and shall thereafter organi4e its %ecretariat$ Se+tion 1 )ppoint!ent to the Board. , The President shall appoint the *hairperson and the other eight 1(2 members of the .oard? Provided, That human rights organi4ations such as- but not limited to- the Task 8orce 0etainees of the Philippines 1T80P2- the 8ree @egal Assistance Froup 18@AF2the Mo+ement of Attorne,s for .rotherhood- &ntegrit, and Cationalism 1MA.&C&2- the 8amilies of Victims of &n+oluntar, 0isappearance 18&C02 and the %amahan ng mga 9570etainees @aban sa 0etens,on at Aresto 1%9@0A2 ma, submit nominations to the President$ Se+tion !" Powers and 0unctions of the Board. The .oard shall ha+e the following powers and functions? 1a2 Recei+e- e+aluate- process and in+estigate applications for claims under this ActB 1b2 &ssue subpoena6s ad testificandu! and subpoena6s duces tecu!1 1c2 *onduct independent administrati+e proceedings and resol+e disputes o+er claimsB 1d2 Appro+e with finalit, all eligible claims under this ActB 1e2 0eputi4e appropriate go+ernment agencies to assist it in order to effecti+el, perform its functionsB 1f2 Promulgate such rules as ma, be necessar, to carr, out the purposes of this Actincluding rules of procedure in the conduct of its proceedings- with the Re+ised Rules of *ourt of the Philippines ha+ing suppletor, applicationB 1g2 95ercise administrati+e control and super+ision o+er its %ecretariatB 1h2 The .oard- at its discretion- ma, consult the human rights organi4ations mentioned in %ection ' hereinB and 1i2 Perform such other duties- functions and responsibilities as ma, be necessar, to effecti+el, attain the ob=ecti+es of this Act$ Se+tion !! Resolution, of lai!s. , The .oard shall be composed of three 1"2 di+isions which shall function simultaneousl, and independentl, of each other in the resolution of claims for

reparation$ 9ach di+ision shall be composed of one 1!2 *hairperson- who shall be a member of the Philippine .ar and two 122 members to be appointed b, the .oard en banc. Se+tion !, -!olu!ents. , The *hairperson and members of the .oard shall ha+e the ranksalar,- emoluments and allowances e>ui+alent to s Presiding Hustice and Associate Hustice of the *ourt of Appeals- respecti+el,$ Se+tion !# Secretariat of the Board. , The .oard shall be assisted b, a %ecretariat which ma, come from the e5isting personnel of the *HR- without pre=udice to the hiring of additional personnel as determined b, the .oard to accommodate the +olume of re>uired work$ The following shall be the functions of the %ecretariat? 1a2 Recei+e- e+aluate- process and in+estigate applications for claims under this ActB 1b2 Recommend to the .oard the appro+al of applications for claimsB 1c2 Assist the .oard in technical functionsB and 1d2 Perform other duties that ma, be assigned b, the .oard$ The *hairperson of the .oard shall appoint a .oard %ecretar, who shall head the %ecretariat for the duration of the e5istence of the .oard$ There shall be a Technical %taff Head assisted b, fi+e 1:2 @egal 3fficers and three 1"2 Paralegal 3fficersB and an Administrati+e %taff Head assisted b, three 1"2 Administrati+e %upport %taff$ Ghen necessar,- the .oard ma, hire additional contractual emplo,ees or contract a ser+ice pro+ider to pro+ide ser+ices of counselors- ps,chologists- social workers and public education specialistsamong others- to augment the ser+ices of the %ecretariat? Provided, That the ma5imum contract amount per ,ear shall not e5ceed more than fifteen percent 1!:I2 of the total annual operating budget of the .oard$ Se+tion !- *perating Budget of the Board., The operating budget of the .oard shall be funded from the Ten billion peso AP! $ 2 fund- with Ten million pesos 1P! $ 2 as its initial operating budget?Provided, That it shall not e5ceed 8ift, million pesos 1P: $ 2 a ,ear Se+tion !. Proper $isposition of 0unds. , The .oard shall ensure that funds appropriated or those which ma, become a+ailable as reparation for HRVVs are properl, disbursed in accordance with the policies stated b, *ongress and rele+ant go+ernment rules- regulations and accounting procedures$ CHAPTER III CLAI(ANTS) REPARATION AN' RECOGNITION Se+tion !$ lai!ants. , An, person who is an HRVV ma, file a claim with the .oard for reparation and6or recognition in accordance with the pro+isions of this Act$ Se+tion !/ onclusive Presu!ption #hat *ne is an HR'' 2nder #his )ct. , The claimants in the class suit and direct action plaintiffs in the Human Rights @itigation Against the 9state of 8erdinand 9$ Marcos 1M0@ Co$ (D - *A Co$ ((7 "' 2 in the /% 8ederal 0istrict *ourt of Honolulu- Hawaii wherein a fa+orable =udgment has been rendered- shall be e5tended the conclusi+e presumption that the, are HRVVs? Provided, That the HRVVs recogni4ed b, the .anta,og Cg Mga .a,ani 8oundation

shall also be accorded the same conclusi+e presumption? Provided, further, That nothing herein shall be construed to depri+e the .oard of its original =urisdiction and its inherent power to determine the e5tent of the human rights +iolations and the corresponding reparation and6or recognition that ma, be granted$ Se+tion !% Motu Proprio Recognition. , The .oard ma, take =udicial notice !otu proprio of indi+idual persons who suffered human rights +iolations as defined herein and grant such persons recognition as HRVVs and included in the Roll of Victims as pro+ided for in %ection 2; hereof$ Se+tion !1 $eter!ination of )ward. 1a2 The .oard shall follow the point s,stem in the determination of the award$ The range shall be one 1!2 to ten 1! 2 points- as follows? 1!2 Victims who died or who disappeared and are still missing shall be gi+en ten 1! 2 pointsB 122 Victims who were tortured and6or raped or se5uall, abused shall he gi+en si5 1;2 to nine 1'2 points? 1"2 Victims who were detained shall be gi+en three 1"2 to fi+e 1:2 pointsB and 1D2 Victims whose rights were +iolated under %ection "- paragraph 1b2- nos$ 1D2- 1:2 and 1;2 under this Act shall be gi+en one 1!2 to two 122 points$ The .oard shall e5ercise its powers with due discretion in the determination of points for each +ictimwhich shall be based on the t,pe of +iolation committed against the HRVV- fre>uentl, and duration of the +iolation$ &n each categor,- HRVVs who had suffered more would recei+e more points$ &n instances where a +ictim is classified in more than one categor,- one shall be awarded the points in the higher categor,? Provided, That in cases where there are se+eral eligible claims filed for reparation b, or on behalf of a particular HRVV- the .oard shall award onl, one 1!2 +alid claim which corresponds to the categor, obtaining the highest number of points for each eligible claimant$ 1b2 The .oard shall proceed to determine the award for each claimant classified under %ections !;!) and !( of this Act$ 1c2 The .oard shall then compute the final monetar, +alue of one<s award that is e>ui+alent to the numerical +alue of one point multiplied b, the number of points that a claimant is entitled to- as pre+iousl, determined b, the .oard$ 1d2 Githin thirt, 1" 2 da,s after the .oard has appro+ed with finalit, each eligible claim pending before it and after due publication of such legitimate claim- the award of monetar, compensation shall take effect? Provided., That an, pending appeal filed b, an aggrie+ed claimant or opposite before the .oard en banc must resol+ed b, it si5t, 1; 2 da,s before the .oard becomes functus officio. CHAPTER I& GENERAL2 PRO&ISIONS Se+tion ," #ransfer of 0unds. , Pursuant to the =udgment mentioned in %ection ) hereof- the amount of Ten billion pesos 1P! $ 2 plus the accrued interest are hereb, set aside and appropriated to fund the purposes of this Act$

Se+tion ,! $ocu!entation of Hu!an , Rights 'iolations o!!itted by the Marcos Regi!e. , &n the implementation of this Act and without pre=udice to an, other documentar, or other e+idence that ma, be re>uired for the award of an, reparation- an, HRVV seeking reparation shall e5ecute a detailed sworn statement narrating the circumstances of the pertinent human rights +iolation6s committed$ Se+tion ,, Publication. , *onsistent with %ection 2" herein- the .oard- after ha+ing been dul, con+ened- shall set the period for the commencement and termination of applications b, HRVVs and cause the publication of the same? Provided, That such period shall onl, become operati+e fifteen 1!:2 da,s after its last publication- which shall be once a week for three 1"2 consecuti+e weeks in at least two 122 national newspapers of general circulation$ Se+tion ,# Period for 0iling of lai!s1 3aiver. , An HRVV shall file an application for reparation with the .oard within si5 1;2 months from the effecti+it, of the implementing rules and regulations 1&RR2 of this Act? Provided, That failure to file an application within said period is deemed a wai+er of the right to file the same? Provided, further,That for HRVVs who are deceased- incapacitated- or missing due to enforced disappearance- their legal heir6s or representati+es- shall be entitled to file an application for reparation on their behalf$ An, opposition to the new application6s pursuant to %ection !; hereof shall onl, be entertained if such is filed within fifteen 1!:2 da,s from the date of the last publication of the official list of eligible claimants as ma, be determined b, the .oard$ The .oard shall cause the publication of the official list of eligible claimants once a week for three 1"2 consecuti+e weeks in at least two 122 national newspapers of general circulation$ Se+tion ,- )ppeal. An, aggrie+ed claimant or oppositor ma, file an appeal within ten 1! 2 calendar da,s from the receipt of the Resolution of the 0i+ision- to the .oard en banc, whose decision shall then become final and e5ecutor,$ Se+tion ,. Penalties1 )pplicability of the Revised Penal ode. , An, claimant who is found b, the .oard- after due hearing- to ha+e filed a fraudulent claim- shall be referred to the appropriate office for prosecution$ &f con+icted- he shall suffer the imprisonment of eight 1(2 to ten 1! 2 ,ears- shall be dis>ualified from public office and emplo,ment and shall be depri+ed of the right to +ote and be +oted for in an, national or local election- e+en after the ser+ice of sentence unless granted absolute pardon$ An, member of the .oard and its %ecretariat- public officer- emplo,ee of an agenc, or an, pri+ate indi+idual mandated to implement this Act- who shall misuse- embe44le 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 an, indi+idual to commit the same- shall also be prosecutedAn, member of the .oard and its %ecretariat- public officer- emplo,ee of an agenc, or an, pri+ate indi+idual mandated to implement this Act- who ma, ha+e been found guilt, of committing an, or all of the prohibited acts stated in the preceding paragraph- or those acts punishable under the Re+ised Penal *ode- shall be penali4ed under the pertinent pro+isions in the *ode and rele+ant special penal laws$ Se+tion ,$ Roll of 'icti!s. , Persons who are HRVVs- regardless of whether the, opt to seek reparation or not- shall be gi+en recognition b, enshrining their names in a Roll of Human Rights Victims to be prepared b, the .oard$

A Memorial6Museum6@ibrar, shall be established in honor and in memor, of the +ictims of human rights +iolations whose names shall be inscribed in the Roll$ A compendium of their sacrifices shall be prepared and ma, be readil, +iewed and accessed in the internet$ The Memorial6Museum6@ibrar,6*ompendium shall ha+e an appropriation of at least 8i+e hundred million pesos 1P: $ 2 from the accrued interest of the Ten billion peso 1P! $ 2 fund$ The Roll ma, also be displa,ed in go+ernment agencies as ma,be designated b, the HRVV Memorial *ommission as created hereunder$ Se+tion ,/ Hu!an, Rights 'iolations 'icti!s/ Me!orial o!!ission.. , There is hereb, created a *ommission to be known as the Human Rights Violations Victims< Memorial *ommissionhereinafter referred to as the *ommission- primaril, for the establishment- restoration- preser+ation and conser+ation of the Memorial6Museum6@ibrar,6*ompendium in honor of the HRVVs during the Marcos regime$ The powers and functions of the *ommission shall be assumed b, the .oard of Trustees which shall be composed of the followingB *hairperson of the *HR as *hairpersonB *hairperson of the Cational Historical *ommission as *o7*hairpersonB and *hairpersons of the *H90- the Cational *ommission on *ulture and the Arts 1C**A2- the %ecretar, of the 0epartment of 9ducation and the Head of the /ni+ersit, of the Philippines 0iliman Main @ibrar,- as members$ The .oard of Trustees shall ha+e the authorit, to hire and appoint its officials and emplo,eesrecei+e donations and grants for and on its behalf- and generate re+enues for the benefit of the *ommission$ The *ommission shall be attached to the *HR solel, for budgetar, and administrati+e purposes$ The operating budget of the *ommission shall be appropriated from the Feneral Appropriations Act$ The *ommission shall also coordinate and collaborate with the 0ep90 and the *H90 to ensure that the teaching of Martial @aw atrocities- the li+es and sacrifices of HRVVs in our histor, are included in the basic- secondar, and tertiar, education curricula$ CHAPTER & FINAL PRO&ISIONS Se+tion ,% 4uidelines for the 5!ple!enting Rules and Regulations (6RR&. , &n implementing this Act and in formulating the corresponding rules and regulations- and to ensure that all applications are properl, screened for fraudulent claims- the .oard must pro+ide for? 1a2 Transparenc, in the processing of the claimsB 1b2 A procedure that allows an, concerned part, to oppose an application or claim on the ground that it is fraudulent- fictitious or spurious and gi+es that part, the opportunit, to >uestion the same and to present e+idence in support thereofB and 1c2 A procedure that is speed, and e5peditious without sacrificing an, of the parties< fundamental rights$

Githin fifteen 1!:2 da,s from the date of its organi4ation- the .oard shall promulgate the necessar, &RR and procedures for the effecti+e implementation of this Act$ The &RR shall be effecti+e fifteen 1!:2 da,s after its publication in two 122 national newspapers of general circulation$ Se+tion ,1 3or7 Period1 Sunset lause. , The .oard shall complete its work within two 122 ,ears from the effecti+it, of the &RR promulgated b, it$ After such period- it shall become functus officio. Se+tion #" Separability lause. , &f- for an, reason- an, section or pro+ision of this Act is declared unconstitutional or in+alid- such other sections or pro+isions not affected thereb, shall remain in full force and effect$ Se+tion #! Repealing lause. , All laws- decrees- e5ecuti+e orders- rules and regulations or parts thereof inconsistent with an, of the pro+isions of this Act- including %ection ;"1b2 of Republic Act Co$ ;;:)- as amended- otherwise known as the *omprehensi+e Agrarian Reform @aw of !'(( and %ection D 1a2 of Republic Act Co$ )!; - otherwise known as the @ocal Fo+ernment *ode of !''!are hereb, repealed- amended or modified accordingl,$
68wphi6

Se+tion #, -ffectivity lause. , This Act shall take effect fifteen 1!:2 da,s after its complete publication in the*fficial 4a9ette or in at least two 122 national newspapers of general circulation$ Appro+ed-

1%gd$2 3UAN PONCE ENRILE President of the %enate

1%gd$2 FELICIANO BEL(ONTE 3R %peaker of the House of Representati+es

This Act which is a consolidation of House .ill Co$ :'' and %enate .ill Co$ """D was finall, passed b, the House of Representati+es and the %enate on Hanuar, 2(- 2 !"$

1%gd$2 E((A LIRIO2RE*ES %ecretar, of %enate

1%gd$2 (ARIL*N B BARUA2*AP %ecretar, Feneral House of Representati+es

Appro+ed? 89. 2: 2 !" 4Sgd 5 BENIGNO S A6UINO III President of the Philippines

Footnotes This refers to Republic Act Co$ ! ":" or "An Act defining and penali4ing enforced or in+oluntar, disappearance"
!