REPUBLIC ACT NO.

10368 AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I PRELIMINARY PROVISIONS Sect !" 1. Short Title. This Act shall be known as the "Human Rights Victims Reparation and Recognition Act of 201 !" Sect !" #. Declaration of Policy. #ection 11 of Article $$ of the 1%&' (onstitution of the Republic of the )hilippines declares that the #tate *alues the dignit+ of e*er+ human, person and guarantees full respect for human rights" )ursuant to this declared polic+, #ection 12 of Article $$$ 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 )hilippines adheres to international human rights laws and con*entions, the .ni*ersal /eclaration of Human Rights, including the $nternational (o*enant on (i*il and )olitical Rights 0$(()R1 and the (on*ention Against Torture 0(AT1 and 2ther (ruel, $nhuman or /egrading Treatment or )unishment which imposes on each #tate part+ the obligation to enact domestic legislation to gi*e effect to the rights recogni3ed 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 e4isting human rights treaties and5or customar+ international law, being peremptor+ in character 0 us cogens! and as such has been recogni3ed as non6derogable" (onsistent with the foregoing, it is hereb+ declared the polic+ of the #tate to recogni3e the heroism and sacrifices of all 7ilipinos who were *ictims of summar+ e4ecution, torture, enforced or in*oluntar+ disappearance and other gross human rights *iolations committed during the regime of former )resident 7erdinand 8" 9arcos co*ering the period from #eptember 21, 1%'2 to 7ebruar+ 2:, 1%&; and restore the *ictims< honor and dignit+" The #tate hereb+ acknowledges its moral and legal obligation to recogni3e and5or pro*ide reparation to said *ictims and5or their families for the deaths, in=uries, sufferings, depri*ations and damages the+ suffered under the 9arcos regime" #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 and5or impaired, or those whose freedom of mo*ement was restricted, and5or such other *ictims of the *iolations of the -ill of Rights" Sect !" 3. Definition of Terms. The following terms as used in this Act shall mean? 0a1 Detention refers to the act of taking a person into custod+ against his will b+ persons acting in an official capacit+ and5or agents of the #tate"

0b1 Human rights violation refers to an+ act or omission committed during the period from #eptember 21, 1%'2 to 7ebruar+ 2:, 1%&; b+ persons acting in an official capacit+ and5or agents of the #tate, but shall not be limited to the following? 011 An+ search, arrest and5or 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 9artial @aw b+ former )resident 7erdinand 8" 9arcos 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 #ei3ure 2rder 0A##21", a ")residential (ommitment 2rder A)(21" or a ")re*enti*e /etention Action 0)/A1" and such other similar e4ecuti*e issuances as defined b+ decrees of former )resident 7erdinand 8" 9arcos, or in an+ manner that the arrest, detention or depri*ation, of libert+ was effectedB 021 The infliction b+ a person acting in an official capacit+ and5or an agent of the #tate of ph+sical in=ur+, torture, killing, or *iolation of other human rights, of an+ person e4ercising ci*il or political rights, including but not limited to the freedom of speech, assembl+ or organi3ationB and5or 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 0 1 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" 10 :0 1, otherwise known as the "Anti6 8nforced or $n*oluntar+ /isappearance Act of 2012!B 0D1 An+ force or intimidation causing the in*oluntar+ e4ile of a person from the )hilippinesB 0:1 An+ act of force, intimidation or deceit causing un=ust or illegal takeo*er of a business, confiscation of propert+, detention of owner5s and or their families, depri*ation of li*elihood of a person b+ agents of the #tate, including those caused b+ 7erdinand 8" 9arcos, his spouse $melda R" 9arcos, 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 84ecuti*e 2rder Co" 1, issued on 7ebruar+ 2&, 1%&; b+ then )resident (ora3on (" A>uino in the e4ercise of her legislati*e powers under the 7reedom (onstitutionB 0;1 An+ act or series of acts causing, committing and5or conducting the following? 0i1 Eidnapping or otherwise e4ploiting children of persons suspected of committing acts against the 9arcos regimeB 0ii1 (ommitting se4ual offenses against human rights *ictims who are detained and5or in the course of conducting militar+ and5or police operationsB and 0iii1 2ther *iolations and5or abuses similar or analogous to the abo*e, including those recogni3ed b+ international law"

0c1 Human Rights "iolations "ictim #HR""! refers to a person whose human rights were *iolated b+ persons acting in an official capacit+ and5or agents of the #tate as defined herein" $n order to >ualif+ for reparation under this Act, the human rights *iolation must ha*e been committed during the period from #eptember 21, 1%'2 to 7ebruar+ 2:, 1%&;? Provided$ ho%ever$ That *ictims of human rights *iolations that were committed one 011 month before #eptember 21, 1%'2 and one 011 month after 7ebruar+ 2:, 1%&; shall be entitled to reparation, under this Act if the+ can establish that the *iolation was committed? 011 -+ agents of the #tate and5or persons acting in an official capacit+ as defined hereunderB 021 7or the purpose of preser*ing, maintaining, supporting or promoting the said regimeB or 0 1 To conceal abuses during the 9arcos regime and5or the effects of 9artial @aw" 0d1 Persons &cting in an 'fficial Capacity and(or &gents of the State.) The following persons shall be deemed persons acting in an official capacit+ and5or agents of the #tate under this Act? 011 An+ member of the former )hilippine (onstabular+ 0)(1, the former $ntegrated Cational )olice 0$C)1, the Armed 7orces of the )hilippines 0A7)1 and the (i*ilian Home /efense 7orce 0(H/71 from #eptember 21, 1%'2 to 7ebruar+ 2:, 1%&; 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 )(, the $C), the A7) or the (H/7 so long as it is shown that the group was organi3ed, funded, supplied with e>uipment, facilities and5or resources, and5or indoctrinated, controlled and5or super*ised b+ an+ person acting in an official capacit+ and5or agent of the #tate as herein definedB 021 An+ member of the ci*il ser*ice, including persons who held electi*e or appointi*e public office at an+ time from #eptember 21, 1%'2 to 7ebruar+ 2:, 1%&;B 0 1 )ersons referred to in #ection 20a1 of 84ecuti*e 2rder Co" 1, creating the )residential (ommission on Food Fo*ernment 0)(FF1, issued on 7ebruar+ 2&, 1%&; and related laws b+ then )resident (ora3on (" A>uino in the e4ercise of her legislati*e powers under the 7reedom (onstitution, including former )resident 7erdinand 8" 9arcos, spouse $melda R" 9arcos, their immediate relati*es b+ consanguinit+ or affinit+, as well as their close relati*es, associates, cronies and subordinatesB and 0D1 An+ person or group5s of persons acting with the authori3ation, support or ac>uiescence of the #tate during the 9arcos regime" 0e1 Torture 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+ and5or agents of the #tate, as defined b+ law, =urisprudence, international con*entions and Republic Act Co" %'D:, otherwise known as the "Anti6Torture Act of 200%!" Sect !" $. *ntitlement to +onetary Reparation. An+ HRVV >ualified under this Act shall recei*e reparation from the #tate, free of ta4, as herein prescribed? Provided$ That for a deceased or in*oluntar+ disappeared HRVV, the legal heirs as pro*ided for in the (i*il (ode of the )hilippines, or

such other person named b+ the e4ecutor 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 recogni3ed in the actual disbursement of the award, and onl+ the *ictim or the aforestated successor0s16in6interest 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$ furthermore$ 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" Sect !" %. ,onmonetary Reparation. ) The /epartment of Health 0/2H1, the /epartment of #ocial Gelfare and /e*elopment 0/#G/1, the /epartment of 8ducation 0/ep8/1, the (ommission on Higher 8ducation 0(H8/1, the Technical 8ducation and #kills /e*elopment Authorit+ 0T8#/A1, and such other go*ernment agencies shall render the necessar+ ser*ices as nonmonetar+ reparation for HRVVs and5or 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 0FAA1" Sect !" 6. &mount 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 1% hereof" Sect !" &. Source of Reparation. ) The amount of Ten billion pesos 0)10,000,000,000"001 plus accrued interest which form part of the funds transferred to the go*ernment of the Republic of the )hilippines b+ *irtue of the /ecember 10, 1%%' 2rder of the #wiss 7ederal #upreme (ourt, ad=udged b+ the #upreme (ourt of the )hilippines as final and e4ecutor+ in Republic *s" #andiganba+an on Hul+ 1:, 200 0F"R" Co" 1:21:D1 as 9arcos ill6gotten wealth and forfeited in fa*or of the Republic of the )hilippines, shall be the principal source funds for the implementation of this Act" CHAPTER II THE HUMAN RIGHTS VICTIMS' CLAIMS BOARD Sect !" 8. Creation and Composition of the Human Rights "ictims- Claims Board. ) There is hereb+ created an independent and >uasi6=udicial bod+ to be known as the Human Rights Victims< (laims -oard, hereinafter referred to as the -oard" $t shall be composed of nine 0%1 members, who shall possess the following >ualifications? 0a1 9ust be of known probit+, competence and integrit+B 0b1 9ust 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 )resident 7erdinand 8" 9arcosB 0c1 At least three 0 1 of them must be members of the )hilippine -ar who ha*e been engaged in the practice of law for at least ten 0101 +earsB and 0d1 9ust 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 0(HR1" The -oard shall organi3e itself within thirt+ 0 01 da+s from the completion of appointment of all nine 0%1 members and shall thereafter organi3e its #ecretariat" Sect !" (. &ppointment to the Board. ) The )resident shall appoint the (hairperson and the other eight 0&1 members of the -oard? Provided$ That human rights organi3ations such as, but not limited to, the Task 7orce /etainees of the )hilippines 0T7/)1, the 7ree @egal Assistance Froup 07@AF1, the 9o*ement of Attorne+s for -rotherhood, $ntegrit+ and Cationalism 09A-$C$1, the 7amilies of Victims of $n*oluntar+ /isappearance 07$C/1 and the #amahan ng mga 846/etainees @aban sa /etens+on at Aresto 0#8@/A1 ma+ submit nominations to the )resident" Sect !" 10. Po%ers and .unctions of the Board. The -oard shall ha*e the following powers and functions? 0a1 Recei*e, e*aluate, process and in*estigate applications for claims under this ActB 0b1 $ssue subpoena5s ad testificandum and subpoena5s duces tecum/ 0c1 (onduct independent administrati*e proceedings and resol*e disputes o*er claimsB 0d1 Appro*e with finalit+ all eligible claims under this ActB 0e1 /eputi3e appropriate go*ernment agencies to assist it in order to effecti*el+ perform its functionsB 0f1 )romulgate such rules as ma+ be necessar+ to carr+ out the purposes of this Act, including rules of procedure in the conduct of its proceedings, with the Re*ised Rules of (ourt of the )hilippines ha*ing suppletor+ applicationB 0g1 84ercise administrati*e control and super*ision o*er its #ecretariatB 0h1 The -oard, at its discretion, ma+ consult the human rights organi3ations mentioned in #ection % hereinB and 0i1 )erform such other duties, functions and responsibilities as ma+ be necessar+ to effecti*el+ attain the ob=ecti*es of this Act" Sect !" 11. Resolution$ of Claims. ) The -oard shall be composed of three 0 1 di*isions which shall function simultaneousl+ and independentl+ of each other in the resolution of claims for reparation" 8ach di*ision shall be composed of one 011 (hairperson, who shall be a member of the )hilippine -ar and two 021 members to be appointed b+ the -oard en banc. Sect !" 1#. *moluments. ) The (hairperson and members of the -oard shall ha*e the rank, salar+, emoluments and allowances e>ui*alent to s )residing Hustice and Associate Hustice of the (ourt of Appeals, respecti*el+" Sect !" 13. Secretariat of the Board. ) The -oard shall be assisted b+ a #ecretariat which ma+ come from the e4isting 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? 0a1 Recei*e, e*aluate, process and in*estigate applications for claims under this ActB 0b1 Recommend to the -oard the appro*al of applications for claimsB 0c1 Assist the -oard in technical functionsB and 0d1 )erform 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 e4istence of the -oard" There shall be a Technical #taff Head assisted b+ fi*e 0:1 @egal 2fficers and three 0 1 )aralegal 2fficersB and an Administrati*e #taff Head assisted b+ three 0 1 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 specialists, among others, to augment the ser*ices of the #ecretariat? Provided$ That the ma4imum contract amount per +ear shall not e4ceed more than fifteen percent 01:I1 of the total annual operating budget of the -oard" Sect !" 1$. 'perating Budget of the Board.) The operating budget of the -oard shall be funded from the Ten billion peso A)10,000,000,000"001 fund, with Ten million pesos 0)10,000,000"001 as its initial operating budget?Provided$ That it shall not e4ceed 7ift+ million pesos 0):0,000,000"001 a +ear Sect !" 1%. Proper Disposition of .unds. ) 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 CLAIMANTS, REPARATION AND RECOGNITION Sect !" 16. Claimants. ) An+ person who is an HRVV ma+ file a claim with the -oard for reparation and5or recognition in accordance with the pro*isions of this Act" Sect !" 1&. Conclusive Presumption That 'ne is an HR"" 0nder This &ct. ) The claimants in the class suit and direct action plaintiffs in the Human Rights @itigation Against the 8state of 7erdinand 8" 9arcos 09/@ Co" &D0, (A Co" &&60 %01 in the .# 7ederal /istrict (ourt of Honolulu, Hawaii wherein a fa*orable =udgment has been rendered, shall be e4tended the conclusi*e presumption that the+ are HRVVs? Provided$ That the HRVVs recogni3ed b+ the -anta+og Cg 9ga -a+ani 7oundation 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 e4tent of the human rights *iolations and the corresponding reparation and5or recognition that ma+ be granted" Sect !" 18. +otu Proprio Recognition. ) The -oard ma+ take =udicial notice motu 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"

Sect !" 1(. Determination of &%ard. 0a1 The -oard shall follow the point s+stem in the determination of the award" The range shall be one 011 to ten 0101 points, as follows? 011 Victims who died or who disappeared and are still missing shall be gi*en ten 0101 pointsB 021 Victims who were tortured and5or raped or se4uall+ abused shall he gi*en si4 0;1 to nine 0%1 points? 0 1 Victims who were detained shall be gi*en three 0 1 to fi*e 0:1 pointsB and 0D1 Victims whose rights were *iolated under #ection , paragraph 0b1, nos" 0D1, 0:1 and 0;1 under this Act shall be gi*en one 011 to two 021 points" The -oard shall e4ercise its powers with due discretion in the determination of points for each *ictim, which 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 011 *alid claim which corresponds to the categor+ obtaining the highest number of points for each eligible claimant" 0b1 The -oard shall proceed to determine the award for each claimant classified under #ections 1;, 1' and 1& of this Act" 0c1 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" 0d1 Githin thirt+ 0 01 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 si4t+ 0;01 da+s before the -oard becomes functus officio. CHAPTER IV GENERAL) PROVISIONS Sect !" #0. Transfer of .unds. ) )ursuant to the =udgment mentioned in #ection ' hereof, the amount of Ten billion pesos 0)10,000,000,000"001 plus the accrued interest are hereb+ set aside and appropriated to fund the purposes of this Act" Sect !" #1. Documentation of Human ) Rights "iolations Committed by the +arcos Regime. ) $n the implementation of this Act and without pre=udice to an+ other documentar+ or other e*idence that ma+ be re>uired for the award of an+ reparation, an+ HRVV seeking reparation shall e4ecute a detailed sworn statement narrating the circumstances of the pertinent human rights *iolation5s committed" Sect !" ##. Publication. ) (onsistent with #ection 2 herein, the -oard, after ha*ing been dul+ con*ened, shall set the period for the commencement and termination of applications b+ HRVVs and cause the publication of the same? Provided$ That such period shall onl+ become operati*e fifteen

01:1 da+s after its last publication, which shall be once a week for three 0 1 consecuti*e weeks in at least two 021 national newspapers of general circulation" Sect !" #3. Period for .iling of Claims/ 1aiver. ) An HRVV shall file an application for reparation with the -oard within si4 0;1 months from the effecti*it+ of the implementing rules and regulations 0$RR1 of this Act? Provided$ That failure to file an application within said period is deemed a wai*er of the right to file the same? Provided$ further$That for HRVVs who are deceased, incapacitated, or missing due to enforced disappearance, their legal heir5s or representati*es, shall be entitled to file an application for reparation on their behalf" An+ opposition to the new application5s pursuant to #ection 1; hereof shall onl+ be entertained if such is filed within fifteen 01:1 da+s from the date of the last publication of the official list of eligible claimants as ma+ be determined b+ the -oard" The -oard shall cause the publication of the official list of eligible claimants once a week for three 0 1 consecuti*e weeks in at least two 021 national newspapers of general circulation" Sect !" #$ &ppeal. An+ aggrie*ed claimant or oppositor ma+ file an appeal within ten 0101 calendar da+s from the receipt of the Resolution of the /i*ision, to the -oard en banc$ whose decision shall then become final and e4ecutor+" Sect !" #%. Penalties/ &pplicability of the Revised Penal Code. ) 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 0&1 to ten 0101 +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, embe33le 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 prosecuted, 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 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 )enal (ode, shall be penali3ed under the pertinent pro*isions in the (ode and rele*ant special penal laws" Sect !" #6. Roll of "ictims. ) )ersons 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 9emorial59useum5@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 9emorial59useum5@ibrar+5(ompendium shall ha*e an appropriation of at least 7i*e hundred million pesos 0):00,000,000"001 from the accrued interest of the Ten billion peso 0)10,000,000,000"001 fund" The Roll ma+ also be displa+ed in go*ernment agencies as ma+be designated b+ the HRVV 9emorial (ommission as created hereunder"

Sect !" #&. Human$ Rights "iolations "ictims- +emorial Commission.. ) There is hereb+ created a (ommission to be known as the Human Rights Violations Victims< 9emorial (ommission, hereinafter referred to as the (ommission, primaril+ for the establishment, restoration, preser*ation and conser*ation of the 9emorial59useum5@ibrar+5(ompendium in honor of the HRVVs during the 9arcos 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 (o6(hairpersonB and (hairpersons of the (H8/, the Cational (ommission on (ulture and the Arts 0C((A1, the #ecretar+ of the /epartment of 8ducation and the Head of the .ni*ersit+ of the )hilippines /iliman 9ain @ibrar+, as members" The -oard of Trustees shall ha*e the authorit+ to hire and appoint its officials and emplo+ees, recei*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 /ep8/ and the (H8/ to ensure that the teaching of 9artial @aw atrocities, the li*es and sacrifices of HRVVs in our histor+ are included in the basic, secondar+ and tertiar+ education curricula" CHAPTER V FINAL PROVISIONS Sect !" #8. 2uidelines for the 3mplementing Rules and Regulations #4RR!. ) $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? 0a1 Transparenc+ in the processing of the claimsB 0b1 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 0c1 A procedure that is speed+ and e4peditious without sacrificing an+ of the parties< fundamental rights" Githin fifteen 01:1 da+s from the date of its organi3ation, the -oard shall promulgate the necessar+ $RR and procedures for the effecti*e implementation of this Act" The $RR shall be effecti*e fifteen 01:1 da+s after its publication in two 021 national newspapers of general circulation" Sect !" #(. 1or5 Period/ Sunset Clause. ) The -oard shall complete its work within two 021 +ears from the effecti*it+ of the $RR promulgated b+ it" After such period, it shall become functus officio. Sect !" 30. Separability Clause. ) $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"

Sect !" 31. Repealing Clause. ) All laws, decrees, e4ecuti*e orders, rules and regulations or parts thereof inconsistent with an+ of the pro*isions of this Act, including #ection ; 0b1 of Republic Act Co" ;;:', as amended, otherwise known as the (omprehensi*e Agrarian Reform @aw of 1%&& and #ection D00a1 of Republic Act Co" '1;0, otherwise known as the @ocal Fo*ernment (ode of 1%%1, are hereb+ repealed, amended or modified accordingl+"
46%phi4

Sect !" 3#. *ffectivity Clause. ) This Act shall take effect fifteen 01:1 da+s after its complete publication in the'fficial 2a7ette or in at least two 021 national newspapers of general circulation" Appro*ed,