Posts tagged “Bayan Muna

SC asked: Void Sarmiento appointment

Christine O. Avendaño | Philippine Daily Inquirer
February 26, 2014

MANILA, Philippines—As the Aquino administration celebrated the 28th anniversary of the Edsa People Power Revolution that toppled the Marcos dictatorship, victims of martial law went to the Supreme Court on Tuesday to stop a retired police director from chairing the board that would determine compensation for victims of the Marcos regime.

Former Bayan Muna Rep. Satur Ocampo was among those who filed a petition for certiorari, prohibition and injunction as well as an application for a temporary restraining order against Lina Sarmiento, whom President Aquino named chair of the Human Rights Victims’ Claims Board.

Named respondents in the petition were Aquino, who was accused of committing grave abuse of discretion when he appointed Sarmiento, former chief of the Philippine National Police Community Relations Group under the government’s counterinsurgency program and head of the PNP Human Rights Affairs Office (HRAO) before her new appointment.

Ocampo and five other petitioners told the high court that they were aghast that Aquino had appointed a police general to head the claims board.

They said Sarmiento’s appointment was “illegal” and should be declared void as she failed to meet the minimum qualifications for a board member set by Republic Act No. 10368, or the Human Rights Victims’ Reparation and Recognition Act of 2013.

In their petition, they said Sarmiento did not meet the requirements that she “must be of known probity, competence and integrity (Section 8a); must have a deep and thorough understanding and knowledge of human rights violations committed during the regime of former President Marcos (8b); and must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.”

The petitioners said the President “may argue that respondent Sarmiento has a track record as a member and officer of the PNP but it cannot be denied that she lacks the mandated qualifications set forth under the law, and the institution she represents lacks the credibility and integrity to deliver justice to human rights victims.”

The petitioners also said that when Sarmiento was HRAO chief, she “became part of the machinery, which ‘attempted to deodorize the stench of the internationally condemned cases of extrajudicial killings and enforced disappearances.’”

One case Sarmiento handled was about farmer Renante Romagus who survived abduction and torture. He was stabbed and left for dead in December 2007 in Compostela Valley province, Ocampo et al. said.

They said Sarmiento dismissed calls for investigations of Romagus’ case “as she lamely but callously blamed instead the victims’ inability to identify his perpetrators.”

They also said Sarmiento was a member of Task Force Usig, created by the Arroyo administration which investigated extrajudicial killings and enforced disappearances but which they pointed out had failed to do its job.

The petitioners noted that there was nothing on public record to show that Sarmiento was involved in any effort against atrocities during the Marcos dictatorship.

“If at all, she was a silent, passive, if not acquiescent cog in the security apparatus of the repressive dictatorship,” they said.

Ocampo et al. said their petition was not a question of not only whether Sarmiento was qualified under the law to assume such post but also of whether the President’s act of approving her appointment “contravenes the very essence of the law he is supposed to implement.”

And they said the answer to both questions was “in the negative.”

“Therefore, the illegal and unjustifiable appointment by no less than respondent Aquino, the very person who signed the law and a son of supposed icons of Philippine democracy, of a former police general representative of or coming from an institution that has perpetrated gross human rights violations during the Marcos regime—and even up to the present—negates and renders nugatory the very purpose for which the law was enacted,” they said.

The petitioners said the high court should declare Sarmiento’s appointment null and void because the President had committed grave abuse of discretion.

“By appointing a former police general to head the human rights board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence and concealed them with a veneer of impunity,” they said.

Aside from Ocampo, the other petitioners were Bayan Muna Rep. Neri Colmenares, Bayan chair Carolina Araullo, and Trinidad Repuno, Tita Lubi and Josephine Dongail—members of Samahan ng Ex-Detainees Laban sa Detensyon at Aresto.


Martial Law victims ask SC to nullify appointment of police general to claims board

 InterAksyon.com

MANILA, Philippines — (UPDATE – 3:35 p.m.) Victims of human rights abuses committed by the Marcos dictatorship marked the 28th anniversary of the 1986 People Power uprising by asking the Supreme Court to nullify the appointment of retired police general Lina Sarmiento to head the Human Rights Victims Claims Board.

Among the petitioners were former Bayan Muna Representative Satur Ocampo, Neri Colmenares, the incumbent representative of the party-list group, Bagong Alyansang Makabayan chair Carlo Araullo, Trinidad Repuno, Tita Lubi and Josephine Dongail, all of them among the close to 10,000 human rights abuse victims awaiting recognition under Republic Act 10368, or the Human Rights Victims Reparation and Recognition Act of 2013.

Many quarters have protested the appointment of Sarmiento, calling it a travesty of the law’s intent and an insult to the dictatorship’s victims.

Among those who have voiced their opposition are former Senators Rene Saguisag and Joker Arroyo, both prominent human rights lawyers who defended the victims of the dictatorship.

In a statement, the Samahan ng Ex-detainees Laban sa Detensyon at Aresto said RA 10368 mandates that members of the Human Rights Victims Claims Board possess the following qualifications:

  • must be of known probity, competence and integrity
  • must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos
  • must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy

“We want to mark it in our history that never again shall we allow perpetrators of human rights violations (to) go unpunished. Letting a Martial Law relic head the Human Rights Victims Claims Board is a betrayal of that purpose. We shall exhaust any legal remedy available so that justice may be served,” Ocampo said in the statement.

The petition for certiorari he and the others filed says: “It is more than an issue of trust between the Human Rights Claims Board and the human rights victims. It is greater than ensuring confidence in the system supposedly envisioned to bring about justice. It is beyond the integrity of the process of arriving at the compensation to be awarded and the standards to be used in determining compensability and linking it to the rightful beneficiaries. The sum total of these values, though important, does not adequately address the issue against appointing a former police general to head the Human Rights Claims Board.”

“The human rights victims are not beggars and are not concerned merely with seeking compensation for themselves for past and continuing atrocities,” it added. “Compensation is a component of justice. Rewriting the history of human rights violations during the martial law regime is the bigger picture.”

“By appointing a former police general to head the Human Rights Claims Board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence, and concealed them with a veneer of impunity,” the petition said.

The petitioners are represented by lawyers Edre Olalia, Julian Oliva, Ephraim Cortez and Minerva Lopez of the National Union of Peoples’ Lawyers.

Despite the criticism of Sarmiento’s appointment, President Benigno Aquino III defended his choice, citing the retired general’s age and experience.

He also said Sarmiento would be able to “fend off those who want to sabotage” the law.

But Cristina Palabay, secretary general of the human rights organization Karapatan, described Aquino’s defense of Sarmiento as “lame … as lame as his understanding of the very essence of the law that he is supposed to implement.”

“By appointing Sarmiento, Aquino appears as the primary saboteur of the intent of the law to provide justice and reparations to Martial Law victims,” she said.


SELDA files certiorari at SC, demands nullification of Gen. Sarmiento’s appointment to Human Rights Victims Claims Board

DSC_0546

News Release
25 February 2014

Continuing protest vs PNoy-created HR Victims Claims Board
SELDA files certiorari at SC, demands nullification of Gen. Sarmiento’s appointment to Human Rights Victims Claims Board

On the occasion of the 28th anniversary of the EDSA People Power I, Martial Law victims led by former Bayan Muna Rep. Satur Ocampo filed a petition today asking the Supreme Court to nullify the appointment of PNP Gen. Lina Castillo-Sarmiento as chairperson of the Human Rights Victims Claims Board, the formation of which Pres. BS Aquino announced on February 13, 2014.

Petitioners include martial law victims namely Former Bayan Muna Rep. Saturnino Ocampo, Bayan Muna Rep. Neri Javier Colmenares, Dr. Maria Carolina P. Araullo, Trinidad Repuno, Tita Lubi and Josephine Dongail. All of them belong to the almost 10,000 Martial Law victims awaiting recognition as stated in Republic Act 10368, or the Human Rights Victims Reparation and Recognition Act of 2013 signed into law by Pres. BS Aquino.

According to RA 10368, members of the Human Rights Victims Claims Board should possess the following qualifications: 1) must be of known probity, competence and integrity; 2) must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos; 3) must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.

“We want to mark it in our history that never again shall we allow perpetrators of human rights violations go unpunished. Letting a Martial Law relic head the Human Rights Victims Claims Board is a betrayal of that purpose. We shall exhaust any legal remedy available so that justice may be served,” Ocampo said.

The petition for certiorari concluded that “It is more than an issue of trust between the Human Rights Claims Board and the human rights victims. It is greater than ensuring confidence in the system supposedly envisioned to bring about justice. It is beyond the integrity of the process of arriving at the compensation to be awarded and the standards to be used in determining compensability and linking it to the rightful beneficiaries. The sum total of these values, though important, does not adequately address the issue against appointing a former police general to head the Human Rights Claims Board.

The petition said, “The human rights victims are not beggars and are not concerned merely with seeking compensation for themselves for past and continuing atrocities. Compensation is a component of justice. Re-writing the history of human rights violations during the martial law regime is the bigger picture. By appointing a former police general to head the Human Rights Claims Board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence, and concealed them with a veneer of impunity.”

The counsels of the petitioners are from the National Union of Peoples’ Lawyers (NUPL) namely Attys. Edre Olalia, Julian Oliva, Ephraim Cortez and Minerva Lopez.

A number of Martial Law victims gathered infront of the Supreme Court to support the filing of the petition. ###

Reference: Jigs Clamor, SELDA national secretariat coordinator, 0917-5965859


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Claims board fight goes to SC

By Jr., Leila B. Salaverria, Nestor P. Burgos | Inquirer.net
February 25, 2014

Victims of martial law are taking up another fight against what they consider a monumental injustice.

This time they are waging a legal battle against retired police general Lina Sarmiento, President Aquino’s choice to head the Human Rights Victims’ Claims Board.

The nine-member claims board will receive, evaluate, investigate and approve the applications for compensation of martial law victims.

Assisted by the National Union of Peoples’ Lawyers (NUPL), the victims said they will file a petition in the Supreme Court challenging Sarmiento’s qualifications to head the board on the grounds that she used to be with the Philippine National Police, an agency they accused of violating human rights.

In Iloilo City, former political detainees will join protest actions on Tuesday against Sarmiento’s appointment.

The victims said that under Republic Act No. 10368, the Human Rights Victims Reparation and Recognition Act of 2013, members of the board should have “a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos.”

They must also be of known probity, competence and integrity, and must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.

NUPL secretary general Edre Olalia on Monday said the victims were “not questioning the discretion of the President (in choosing the head and members of the claims board). (B)ut we’re questioning (why) the President did not follow the explicit requirements on who should head the board.

No delays

Bayan Muna party-list Rep. Carlos Isagani Zarate said the filing of a petition against Sarmiento did not have to delay the process of compensating the martial law victims.

Zarate said the claims board was a collegial body and its other members could continue with the task of processing the applications for compensation and determining their amount should Sarmiento’s leadership be restrained.

Among the petitioners in the Supreme Court case to be filed against Sarmiento are members of Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (Selda), whose members were jailed and abused during the Marcos dictatorship.

Travesty

In a statement, Selda said the issue of Sarmiento’s appointment went beyond her qualifications. “It is a travesty of justice… a conscious effort to discredit and dishonor martial law victims,” Selda said.

Olalia, in a separate statement, said Malacañang was being “incorrigible, insensitive and hopelessly stubborn” in insisting on Sarmiento. He said there was no reason the head of the claims board should come from “the most vicious perpetrators of human rights atrocities from the time of the dictatorship…to the present.”

In Iloilo, Selda members criticized Aquino’s choice of Sarmiento, saying that “she belonged to an institution which was among those primarily responsible for human rights violations.”

Others qualified

“Surely there are many others who are qualified and credible,” said Fortunato Pelaez, Selda’s vice president for the Visayas, who was arrested in 1974 as a member of the militant group Kabataang Makabayan. He was detained for 15 months at Camp Crame in Quezon City and at Camp Delgado in Iloilo City, where he suffered torture, including the electrocution of his genitals.

Former political detainee Azucena Porras-Pestaño described Sarmiento’s appointment as an “immoral act” and “insulting” to the human rights victims amid the commemoration of the 1986 Edsa People Power I uprising. Pestaño was a teacher at the then Iloilo City College when she was arrested as a member of the Makabayang Samahan ng mga Propesyonal. She was detained for nine months.

Meanwhile, former senator and human rights lawyer Joker Arroyo who had earlier written an open letter to President Aquino scoring his choice of Sarmiento, on Monday pressed Malacañang to account for the P10-billion in compensation for the martial law victims.

“It would reassure everyone if Malacañang could confirm that the monies allocated to fund the monetary claims of the human rights victims…are still intact,” Arroyo said.—With a report from TJ Burgonio


SC asked to stop appointment of new rights claims board head

Tetch Torres-Tupas | Inquirer.net
February 25, 2014

MANILA, Philippines — A group of human rights victims during the time of former President Ferdinand Marcos asked the Supreme Court to stop the appointment of retired General Lina Sarmiento as head of the Human Rights Claims Board.

In a petition filed Tuesday, they urged the high court to nullify Sarmiento’s appointment.

Petitioners represented by the National Union of People’s Lawyers include former lawmaker Satur Ocampo, Bayan Muna Representative Neri Javier Colmenares, Maria Carolina Araullo, Trinidad Repuno, Tita Lubi, and Josephine Dongail. They were all arrested, detained and tortured during the Martial Law years.

They said President Benigno Aquino III gravely abused his discretion when he appointed Sarmiento who is not qualified to head the Human Rights Claims Board.

Under Republic Act 10368 or the Human Rights Victims Reparation Act of 2013, the head of the board must have a “deep and thorough understanding of human rights and involvement in efforts against human rights violations committed during the Marcos time.

Sarmiento was a former member of the Philippine Constabulary-Integrated National Police who were among those who allegedly committed human rights violations during Marcos time.

Then, she became chief of the PNP Community Relations Group under the counterinsurgency program of the government, a machinery which petitioners say “attempted to deodorize the stench of the internationally condemned cases of extra judicial killings and enforced disappearances.”

“The issue of whether respondent Sarmiento meets the exacting qualities [to head the board] is therefore put to serious question. This does not inspire, merit or command trust and confidence in the head of the Board,” petitioners said.


RECALL PHILIPPINE CONSTABULARY RELIC GEN. LINA SARMIENTO FROM THE MARTIAL LAW VICTIMS CLAIMS BOARD

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Press Statement
24 February 2014

We denounce the appointment of Gen. Sarmiento as chair of the Human Rights Victims Claims Board (HRVCB). After prolonging the formation of the HRVCB for almost a year, the Aquino government made a historical affront to the victims by appointing a former member of the Philippine Constabulary, the forerunner of the PNP, as head of the Claims Board. It is not only her credentials as former PC officer that is an anathema to the historic struggle against martial law, but her zero track records of any involvement in asserting human rights nor any understanding or knowledge ofthe plights and struggles of martial law victims during and after the dark days of Marcos Dictatorship.

On 13 February 2014, Malacañang announced the formation of the HRVCB a year after the passage of RA 10368, or the Human Rights Victims Reparation and Recognition Act of 2013.

Pres. Benigno S. Aquino III appointed Gen. Lina Castillo-Sarmiento, a retired 2-star general of the Philippine National Police as chair of the HRVCB. To complete the members of the board, also appointed are Jose Luis Martin Gascon, Byron Bocar, Aurora Parong, Galuasch Ballaho, Jacqueline Mejia, Glenda Litong, Wilfred Asis and Erlinda Senturias.

The PC and the Armed Forces of the Philippines are the main apparatuses of the Marcos dictatorship in implementing the worst of human rights abuses under Martial Law. It is the PC and the AFP that dispersed rallies, “salvaged,” abducted, tortured, arrested and detained thousands of Martial Law activists. Her presence in the Claims Board does not command respect nor confidence in the hearts of the Martial Law victims.

In appointing Gen. Sarmiento, the Aquino government junks altogether the state’s admission of the atrocities and repression used against the Filipino people, the supposed objective of the law. Instead, it promotes into position those who violated the people’s human rights. This is no different from the Pres. Aquino’s appointment of military officials to higher positions under his presidency.

BS Aquino’s Claims Board does not represent the victims of Martial Law. The Aquino government completely disregarded the provision in the law which underlines that members of the HRVCB should have deep knowledge, capacity and experience in defending human rights. Not a single nominee of SELDA, most of them widely known as Martial Law victims and human rights champions, was appointed to the Claims Board. Much to our dismay, CHR Chairperson Etta Rosales and DOJ Sec. Leila de Lima even came to the rescue by saying said that Gen. Sarmiento is qualified for the job.

However the Aquino government justifies it, the appointment of Gen. Sarmiento goes way beyond the issue of qualifications. It is a travesty of justice. It is a conscious effort to discredit and dishonour Martial Law victims. The Aquino government, which has banked on the people’s clamor for justice and change, is trying to push the people’s struggle for justice farther in the sidelines. The appointment of a PC relic to head the claims board is not only considered a grievous insult to the struggle against martial law but a shameless denial of the ideals in asserting freedom and democracy that was highlighted during the first Edsa People Power in 1986.

With its brandishing of human rights violators in the military and the appointment of Gen. Sarmiento, the people who fought the dictatorship cannot expect anything more from the current administration. It is rather just to continue to fight for justice. SELDA demands the immediate recall to Sarmiento’s appointment.

SELDA has formed the People’s Claims Board (PCB).This will be the primary body to stand for the victims of Martial Law. It will ensure that all who suffered atrocities during the Marcos dictatorship shall be recognized and indemnified. The PCB will also ensure that RA 10368 will be implemented. It will formulate an Implementing Rules and Regulations (IRR) which will be submitted to the HRVCB as basis of the law’s implementation.

The PCB will continue to assert that, based on conclusive presumption, the 2,013 Martial Law victims that were delisted (who were part of the 9,539 members of the class suit against the Marcoses filed in Hawaii in 1986) and thosewho will step forward to make themselves recognized will be rightfully recognized and indemnified.

The PCB is composed of individuals actively in defense of human rights, and were victims themselves. They are Bayan Muna Rep. Satur Ocampo; SELDA chairperson Marie Hilao-Enriquez; SELDA vice-chairperson Bonifacio Ilagan; former Gabriela Women’s Party Rep. Liza Maza; University of the Philippines Prof. Judy Taguiwalo; Dr. Edelina dela Paz; Atty. Kit Enriquez, Atty. Marcos Risonarand Atty. Dominador Lagare, Sr.

Martial law victims in the regions of Southern Mindanao, Bicol and Panay launched also similar protest actions to express their grievances on the formation of the Human Rights Victims’ Claims Board.

SELDA will continue to fight for justice for the victims of human rights violations.As long as the perpetrators are in power, and the Aquino government continues to implement the same policy of extrajudicial killings, abduction and enforced disappearances, illegal arrest and detention, torture and the wanton use of martial law tactics against the struggling people, we will continue to stand and assert for justice. ###

Reference: Marie Hilao-Enriquez, SELDA chairperson, 0917-5616800
           Jigs Clamor, SELDA national coordinator, 0917-5965859


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Sarmiento, apologist of human rights violators, has no place in the ML victims’ Claims Board – SELDA

News Release
18 February 2014

“An apologist of human rights violators has no place in the Martial Law victims’ claims board,” said SELDA chairperson Marie Hilao-Enriquez in protest of the appointment of retired PNP Gen. Lina Castillo-Sarmiento as head of the Human Rights Victims Claims Board.

Enriquez explained that victims of human rights violations do not deserve an unqualified person, much more a representative of State forces, to head what is supposed to be a mechanism to recognize state atrocities during the martial law period.

The Human Rights Victims Claims Board (HRVCB), according to RA 10368 or the Human Rights Victims and Recognition and Reparation Act of 2013, is the body tasked to evaluate and process the application for claims of the martial law victims.

“The appointment of an ex-PC officer to head the Claims Board is honoring the Philippine Constabulary that committed grave atrocities during the Martial Law regime,” Enriquez said.

The defunct Philippine Constabulary is the forerunner of the current Philippine National Police, which along with the Armed Forces of the Philippines implemented “salvages”, illegal arrest, detention, abduction and torture against people who fought the dictatorship.

Aside from being a PC officer under Marcos, Sarmiento was the former head of the PNP’s Human Rights Affairs Office during the Arroyo regime. “The Macapagal-Arroyo regime had the worst record of human rights violations post-Martial Law. Sarmiento’s position as human rights officer under Arroyo is similarly deplorable,” Enriquez added.

“Pres. Aquino clearly disregards the provisions of the law which enumerated the qualifications of members of the HRVCB.  Gen Sarmiento is bereft of credibility, much more, her deep knowledge of martial law atrocities and empathy to the ML victims are questionable being part of the institution accused of rampant human rights abuses,” Enriquez said.

The Human Rights Victims Recognition and Reparation Act of 2013 or RA 10368 states that members of the claims board

  1. must be of known probity, competence and integrity;
  2. must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos;
  3. must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.

“We do not see any clear basis for the appointment of Sarmiento; only a conscious effort to discredit and dishonor Martial Law victims. We demand a recall to Sarmiento’s appointment,” Enriquez said.

SELDA formed the People’s Claims Board that will act both as a watchdog and a monitoring body of Aquino’s HRVCB. The priority of the People’s Claims Board is to ensure that real and legitimate martial law victims will not be marginalized.

Members of the People’s Claims Board are former Bayan Muna Rep. Satur Ocampo, SELDA chairperson Marie Hilao-Enriquez, SELDA vice-chairperson Bonifacio Ilagan, former Gabriela Women’s Party Rep. Liza Maza, UP Prof. Judy Taguiwalo, Dr. Edelina dela Paz, Atty. Kit Enriquez and Atty. Dominador Lagare, Sr. ###

Reference: Marie Hilao-Enriquez, SELDA chairperson, 0917-5616800

Form panel for claims now, Marcos victims urge

Leila B. Salaverria | 

Saying the victims of martial law abuses have waited long enough, human rights groups are urging Malacañang to form immediately the panel that would process their claims for compensation.

Bayan Muna Rep. Neri Colmenares said Sunday there was no reason for the administration to delay the appointments to the nine-member Human Rights Victims’ Claims Board.

Colmenares, one of the authors of the Human Rights Victims Reparation and Recognition Act, said the government did not have to wait for any implementing rules or regulations to be formulated before naming the board members.

The board will draft the implementing rules for the compensation process, which is why its completion is crucial for the law to take full effect, Colmenares explained.

President Aquino signed the compensation measure into law on Feb. 25, the 27th anniversary of the Edsa People Power Revolution that led to the ouster of the dictator Ferdinand Marcos.

The law was intended to recognize the struggles of the people who fought the dictatorship and provide them remunerations for their sufferings. The money would come from a P10-billion fund out of the ill-gotten wealth recovered from Marcos.

“Until the board has been completed, the application period [for the victims’ compensation] could not begin,” Colmenares said in a phone interview.

 

Victims dying

He noted that every year, many victims of abuses during the Marcos dictatorship had been dying. Further delaying the process would deny them the chance to receive the compensation themselves, although their heirs could apply on their behalf.

Samahan ng Ex-Detainees Laban sa Detensyon at sa Aresto (Selda), which earlier lamented the non-implementation of the measure, said that in the two and a half months after the measure was signed, some of the victims had died due to illnesses without seeing the law take effect.

“Martial law victims cannot afford to be disenfranchised, much more neglected again. The law was a victory for the victims. We cannot allow our efforts to go down the drain,” Selda national coordinator Roneo Clamor said in a statement.

Selda earlier also submitted nominees to the board. Its nominees included martial law victims who were involved in the filing of the class suit—around 9,000—gainst the Marcoses and in pursuing the enactment of the law to compensate the victims, as well as members of human rights organizations.

Selda is one of the organizations that may submit nominations to the President.

“I don’t know why after we’ve all fought for it, the appointment of the board has not yet been done. Selda is correct to press that matter,” Colmenares said.

 

Requirements

He also conceded that the Aquino administration must name to the board people with sufficient knowledge and background on human rights issues and should not make any appointments for political accommodation.

The law itself states the requirements for the board members: persons of known probity, competence and integrity; must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against abuses during the Marcos regime; and must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.

At least three board members must be lawyers who have been practicing for at least 10 years.

Once all the appointments are complete, the board would have 30 days to organize itself. Within 15 days from the date of its organization, it must promulgate the rules and regulations for the implementation of the law.

The rules would take effect 15 days after its publication in two national newspapers of general circulation. The martial law victims have six months from the effectivity of the rules to file applications for reparation.

The claims board has two years to complete its work of determining the amount of compensation for each victim.


After signing of reparations law for ML victims, eternal vigilance a must – solons, SELDA

Lira Dalangin-Fernandez | InterAksyon.com
February 25, 2013

MANILA, Philippines — Hailing the signing into law of the compensation act for human rights victims during the Martial Law years, victims and lawmakers on Monday said that people should remain vigilant so it would never happen again.

Simultaneous with the 27th anniversary of EDSA People Power revolution, President Benigno Aquino III signed into law the Human Rights Victims Reparation and Recognition Act as Republic Act 10368, ending the 40-year wait of the victims for recognition and compensation.

“This is a victorious day for those who have awaited and fought for the state’s recognition of their suffering under Martial Law.  Many years after the Hawaii court recognized us, now it’s our own government who did the same,” Bayan Muna party-list Representative Neri Colmenares said in a statement.

Colmenares, tortured and imprisoned for four years during the Marcos dictatorsip, said “the overall message of this recognition is that Martial Law must never happen.”

In a separate statement, Albay Rep. Edcel Lagman said the newly-signed law completes the “trilogy of legislative human rights measures” that he principally authored.

Both Lagman and Colmenares are principal authors of the new law.

Deputy Speaker Lorenzo Tanada III, another principal author of the measure, said not one of the victims thought of being compensated at the time they were fighting dictatorship from 1972 until February 1986, adding that it was “purely an act of patriotism.”

He added: “Now that the victims are being recognized for their sufferings, it is time to declare never again to Martial Law.  If we have ‘tuwid na daan’ under PNoy (Aquino), we should also have ‘tuwid na kasaysayan’ in order to prevent a wrong presentation of history,” Tanada said.

Lagman earlier authored the Anti-Torture Act of 2009 or Republic Act 9745 and the Anti-Enforced or Involuntary Disappearance Act of 2012 or Republic Act 10353.

The first compensation act was filed by Lagman as House Bill 2426 during the first regular session of the 10th Congress in August 1995 or almost 18 years ago.

SELDA: victory for victims

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA), which led the filing of the historic class suit by the martial law victims against Ferdinand E. Marcos in a Hawaii court, said the signing of the law was a victory for the victims.

“Through their relentless efforts, finally and officially recognized are the heroism and sacrifices of all Filipinos who fought the dictatorship and were victims of human rights violations – summary execution, torture, enforced disappearances and all other gross forms of violations. They faced adversity, but took the courage to stand up and defend, not only theirs, but the people’s rights,” the group said in a statement.

The law gives reparation and recognition to countless victims of human rights violations during the martial law regime from September 21, 1972 to February 25, 1986. Violations covered are summary executions, enforced disappearances, deadly torture and other atrocious violations of human rights and civil liberties.

The claimants and direct plaintiffs in the US Federal District Court of Honolulu, Hawaii who secured a decision in their favor against the estate of the late President Ferdinand Marcos, and the martyrs and victims recognized by the Bantayog ng mga Bayani Foundation are conclusively presumed as human-rights violations victims.

Other victims who will be filing their claims for the first time are required to submit their claims together with detailed sworn affidavits narrating the circumstances of the violations within six months from the effectivity of the Implementing Rules and Regulations (IRR) of the Act.

A fund of P10 billion, plus accrued interests, is appropriated for the claimants’ reparation which is part of the amount transferred by the Swiss Federal Supreme Court to the Philippine Government and which the Philippine Supreme Court forfeited in favor of the Republic of the Philippines as Marcos’s ill-gotten wealth.

Some P500 million, which is part of the accrued interest, will finance the establishment of a museum, library and repository of memorabilia for the victims.

A Human Rights Violations Victims Claims Board (HRVVCB) will be set up to validate the amounts to be granted to the claimants in accordance with the severity of the injuries and damage they have sustained, based on a points system.

The law also mandates the teaching, from the elementary to the tertiary levels, of martial law with its attendant atrocities as well as the life stories and heroism of human rights violation victims.


Statement of SELDA on the passage of the Human Rights Violation Victims Reparation and Recognition Act of 2013

Press Release
February 25, 2013

Twenty seven long years after the fall of the Marcos dictatorship, a law confirming the atrocities and human rights violations under martial law is finally signed into law.  The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto or SELDA, which led the filing of the historic class suit by the martial law victims against Ferdinand E. Marcos in a Hawaii court, welcomes the passage of the Human Rights Violation Victims Reparation and Recognition Act of 2013.

This is another victory of the Martial Law victims in their continuing struggle for justice. Through their relentless efforts, finally and officially recognized are the heroism and sacrifices of all Filipinos who fought the dictatorship and were victims of human rights violations – summary execution, torture, enforced disappearances and all other gross forms of violations. They faced adversity, but took the courage to stand up and defend, not only theirs, but the people’s rights.

The struggle was protracted.  The process was agonizing and tedious. Scores of members of the Philippine Congress, in cahoots with the Marcoses and the military who vehemently opposed the passage of the law, tried to block its passing.  In some instances, they deliberately delayed the process or watered down the crafted bill.

Now, with a regime posturing as a “champion of human rights” and trying to score credits for its passage, the law was passed but mainly due to the persistent efforts of the martial law victims themselves.  Tirelessly working hand-in-hand with progressive party-lists and likeminded legislators, the bill was finalized and ratified.  Generally, the law is acceptable to the victims and survivors of martial law.

We take this opportunity to commend and express our gratitude to Bayan Muna Reps. Neri Colmenares and Teddy Casiño, who stood with us since the filing of the bill, pursuing the most pro-victim provisions, and consistently pushing, on behalf of the victims, the legislature to finally approve the bill. We also appreciate the support of Senators Chiz Escudero and TG Guingona, and Reps. Edcel Lagman and Erin Tañada.

Here and abroad, we were supported by various peace, justice and human rights advocates in the campaign for the bill’s passage. We extend our solidarity and gratefulness to solidarity groups in the United States, Hong Kong and Switzerland who warmly supported and mobilized in the campaign for the passage of the law, as well as in helping the victims every step of the way. We also thank the members of Parliament of Switzerland as well as its mission in Geneva for lending an ear to the victims’ pleas every time we lobby for their support. Most of all, we commend and deeply thank the members of the peace panel and consultants of the National Democratic Front of the Philippines (NDFP) who tirelessly asserted, in the process of all peace negotiations with the Philippine government, that the victims of Martial Law should attain justice.

It is with pain and regret for us to witness the passage of this law at a time when many of our fellow victims and colleagues, who took part in the struggle against martial rule, have gone ahead of us. Also, there are still attempts to distort, sometimes even completely erase in the memory of our people, the dark days of the dictatorship. There are those among the architects of martial law who remain scot-free and unpunished. The most notorious culprits have been allowed to regain their political power and influence.

Under the law, the Philippine government is obliged to recognize and give reparation to the victims of human rights violations during martial law. While all the sacrifices and heroism of the Filipino people during martial law is priceless, we see these both as an affirmation to the people who struggle for justice, and as a warning to those who will continue to impose fascism and terror upon the Filipino people.

We dedicate this small victory to all martial law martyrs and heroes who have gone before us. We will continue to honor them, as we ensure that this law shall be implemented to the best interest of the victims and the Filipino people who survived martial law.

We may be jubilant, but we continue to watch with vigilance. To fully ensure that the law will serve the rightful victims and claimants, we will try to make sure that the HRV Victims Claims Board shall be composed of individuals who, in one way or another, know and can feel with the victims and have been involved in the struggle against the Marcos dictatorial regime.

We take cognizance that SELDA is part of the recommending entities to the Claims Board. We challenge the administration to appoint nominees of SELDA despite some government officials’ bias given SELDA’s political stands.

Also, it should be ensured that those who are included in the master list of the 9,539 victims and those who will consequently file their claims are those who were genuinely part of the struggle against martial law. We should guard against unnecessary bureaucratic processes and scams which will deprive the victims of just indemnification.

We should also take the opportunity to make the younger generation learn, understand and take on the challenge of having the same daring, vigilance, militancy and commitment to justice and human rights.

It has been 40 years after martial law but human rights violations continue to be committed, and with impunity. There has not been much change except for the worse under the dispensations that succeeded the U.S.-Marcos regime. The Marcos laws and executive orders were retained by the succeeding administrations.  The militarist mindset and fascist machinery remain intact especially with the continuous implementation of the US-backed counter-insurgency programs

As long as human rights violations continue, with or without martial law, we stand with the people for justice, democracy and human rights. NEVER AGAIN will we allow the enemies of the people to perpetuate the same injustices, oppression and exploitation against the majority of the Filipino people.  ###

References:
Marie Hilao-Enriquez, SELDA chairperson, 0917-561-6800

SELDA vice-chairperson Bonifacio Ilagan proudly represented the victims of human rights violations during Martial Law, at the 27th People Power Anniversary gathering at EDSA. In a speech delivered at People Power Monument, Ilagan said that the law is meaningful – beyond the monetary compensation, it is a step in keeping the memory etched in our nation’s history. Now known as the Human Rights Violation Victims Reparation and Recognition Act of 2013 is a victory and a tribute for the people who fought the dictatorship. It is a product of a decade-long struggle of the victims, a testimony of the struggle in society, and the people’s historic task to end the prevailing culture of impunity.

Justice, freedom and democracy are not served on a silver platter – these are fought for. Hear the victims-heroes of Martial Law – NEVER AGAIN!

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Martial law victims to get P500k each: solon

David Dizon | ABS-CBNnews.com

Coming soon: Martial Law Memorial a la Holocaust

MANILA – Victims of human rights violations during the Martial Law regime of former President Ferdinand Marcos will get an estimated P500,000 each with the passage of the Marcos Compensation Bill.

Bayan Muna Rep. Neri Colmenares, a member of the bicameral conference committee, said the Human Rights Victims Reparation and Recognition Act of 2012 is the result of years of work to properly indemnify victims of martial law under the Marcos dictatorship.

“It is beyond compensation but reparation and recognition for the human rights victims during martial law. It is not a big sum of money now pero malaking tulong pa rin sa mga matatanda nang victims,” he told radio dzMM.

Under the law, those qualified to receive compensation are victims of human rights violations committed from September 21, 1972 to February 25, 1986. Compensation will come from funds amounting to P10 billion transferred to the Bureau of Treasury through the order of the Swiss Federal Supreme Court in 1997.

The new law states a Human Rights Claims Board will be created to determine people qualified to get compensation.

Colmenares said the board will create the internal rules and regulations that will detail the process of recognition, compensation and reparation.

He said groups such as SELDA and Task Force Detainees can nominate human rights advocates “with deep understanding of the human rights situation during martial law” to join the board.

Representatives from the National Historical Institute, the Commission on Human Rights, and the University of the Philippines Main Library could also join the board, he said.

“It is a combination of agencies with historical and human rights mandates,” he said.

 

2 years to distribute compensation

Colmenares said there will be 2 groups of claimants for compensation. The first group is composed of 9,539 victims in the Hawaii class action suit against the Marcoses.

The new law states that the Hawaii complainants are presumed victims of martial law abuses and would no longer have to prove their claims for compensation.

The second group, Colmenares said, will include individuals not included in the Hawaii class action suit.

He said that once the board is set up, there will be an information campaign to allow possible claimants to apply within the 6-month period.

Claimants will also be screened by the board. A point system will be followed in determining the amount that each victim or their kin will receive, with those tortured or killed getting a higher compensation than those harassed or economically disadvantaged during martial law.

Colmenares said the board will then have 2 years to finish the process of compensation.

“Tinaningan na. Dapat in 2 years, they must get it in 2 years. We can actually give compensation to the Hawaii claimants in the first year. It is a maximum of 2 years,” he said.

 

Martial Law Memorial

The lawmaker said the law also establishes a Martial Law Memorial where the names of all victims of human rights violations will be enshrined.

“It was in the Senate version. In fact, ang narinig ko it will be equal to the Holocaust Musem. It will contain memorabilia, stories at kung ano pa mang bagay that will give us an idea on what happened during Martial Law. And, of course, the role of the victims, yung mga pangalan nila ilalagay duon sa memorial na yan,” he said.

Colmenares said he has already asked Education Secretary Armin Luistro about including the teaching of martial law in the school curriculum. He noted that in some textbooks, discussion about martial law is reduced to a single page and equates the period to land reform.

The lawmaker said the memorial and proper education will help the next generation understand the lessons of martial law.

“It brings back the experience of martial law and hopefully, the lessons will be inculcated
They need the real picture of what happened during martial law,” he said.

He also said he is disappointed that not one member of the Marcos family went to jail despite the crimes committed during martial law.

“Nagiging hungkag ang call na ‘Never again to martial law’ kasi parang walang lesson learned, walang accountability,” he said.

He noted that one good thing that came out after the 1986 EDSA Revolution is that the entire world recognizes Ferdinand Marcos as a dictator.

“Kami naman sa Bayan Muna, we will really work hard na hindi maulit ang apelyidong yan (Marcos) sa panguluhan,” he said.

 

Bongbong hands off

Meantime, Sen. Ferdinand Marcos Jr. on Tuesday said his family already has nothing to do with granting reparations for victims of human rights human rights violations during the regime of his father.

A day after the Senate ratified a measure giving compensation to martial law victims, Marcos said the issue is only between human rights claimants and the government, which now possesses the money confiscated from his family.

“The judgments have been made against us and our position has been very clear. The government has confiscated the assets, so it’s up to the government to now dispose of them as they see fit,” he said.

Marcos added that from the very start, he was never involved in discussions on the bill.

“I just recused myself from the discussions because I cannot be seen ever to be objective about the subject,” he said.


SELDA salutes Martial Law heroes

News Release
January 24, 2013

Bicam finalizes reparation and recognition bill for rights victims
SELDA salutes Martial Law heroes

“We salute the Martial Law heroes who, despite old age, sickness, maneuvers of the Marcoses, and all other obstacles along the way, have painstakingly stood and fought to make sure that this bill granting reparation and recognition to the martial law victims is passed. We have gone a long way. We have long fought for this,” said Marie Hilao-Enriquez, SELDA chairperson and a Martial Law victim herself.

Yesterday, the bicameral conference committee hammered out the final version of the Human Rights Victims Reparation and Recognition Act of 2013, formerly known as the Marcos victims compensation bill, provisions of which became acceptable to the majority of the victims as the final version now included SELDA’s position.

“In welcoming the final version, we remember the SELDA leaders who pursued the path of making the Marcoses accountable for the human rights violations they committed to the hundreds of thousands of Filipinos who fought martial law,” said Enriqiuez.

SELDA remembers and salutes the bravery and memories of Don Chino Roces, founding chairperson of SELDA, Dean Armando Malay, Dr. Nemesio Prudente, former Navy Capt. Danilo Vizmanos, Atty. Jose Mari Velez and Atty. Rolando Olalia. They were members of the Board of SELDA who decided to go after Marcos after the dictator’s downfall.

The group also commended the steadfastness of SELDA Board members who are still living, like Fidel Agcaoili, Juliet De Lima-Sison, Vicente Ladlad , Dean Francisco Nemenzo, Tita Lubi, Josephine Dongail and Doris Baffrey, Board members who are still alive.

“We share this victory to Atty. Romeo Capulong who took over as SELDA’s legal counsel when Atty. Jose Mari Velez died in 1991. He tirelessly assisted the victims and SELDA in the twists and turns of the case. He exerted all efforts against the maneuverings of the Marcoses and the machinations of the American and other Filipino lawyers in the case. We also dedicate this bill to all the heroes and martyrs of Martial Law who have gone before us, and who waged the most determined fight against the dictatorship and suffered the worst violations during martial law,” Enriquez stressed.

Enriquez added that this bill is a small effort of SELDA to ensure that their sacrifice shall not be put to waste. SELDA’s position on the “conclusive presumption” provision was among the positive provisions included in the final version of the bill. This provision states that the 9,539 victims who filed and won the historic class suit of Martial Law victims against the Marcoses filed in 1986 in Hawaii are automatically recognized as victims of human rights violations.

“The bill’s passage is a victory not only for the victims but for the Filipino people. More than the monetary compensation, the bill represents the only formal, written document that martial law violated the human rights of Filipinos and that there were courageous people who fought the dictatorship.

SELDA said that with the bill now ready for ratification by Congress, the victims should make sure that the law, when put into in effect, should be fully implemented. ###

Reference: Marie Hilao-Enriquez, SELDA chairperson 0917-5616800


Update: 3rd Bicameral hearing on Marcos victims’ compensation bill

Ngayong hapon, Enero 23, inaprubahan ng bicameral conference committee ang final version ng Human Rights Victims Reparation and Recognition Act of 2013. Ito ang produkto ng pinagsanib na bersyon ng Marcos victims indemnification bill na naunang isinulong ng SELDA katuwang ang mga progresibong partylist sa pangunguna ng awtor na isang kapwa Martial Law victim, si Rep. Neri Colmenares.

Sa pinal na bersyon, kinikilala na ang mga biktima ng Martial Law ay kinikilala bilang mga tunay na biktima ng paglabag sa karapatang pantao. Kasama dito ang mga 9,539 biktima na nagsampa ng class suit laban sa mga Marcos sa Hawaii noong 1986. Pasok ang probisyong “conclusive presumption” na kumikilala sa mga biktima.

Sa Lunes ay iraratipika na ang panukalang batas. Ibig sabihin, matapos pirmahan ng bicameral committee, ito ay itutulak na para mapirmahan ni Aquino. 

Bagamat tiyak na mahaba pa ang labang ito, isang tagumpay ang pagkilala sa mga biktima ng Martial Law hindi lang para sa kanila kundi sa mamamayang Pilipino. Kailangang tiyaking malubos ang tagumpay na ito. Magagawa natin ito sa ating patuloy na sama-samang pagkilos.

Sa lahat ng mga kasapi ng SELDA, mga biktima at kaanak na kumilos sa Senado kanina, mabuhay kayo! Hustisya sa lahat ng mga biktima ng Martial Law! Hustisya sa lahat ng biktima ng paglabag sa karapatang pantao!


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Updates: 2nd Bicam Conference Committee Meeting on Indem Bill

Katatapos lamang ng bicameral conference committee meeting sa House of Representatives kaugnay ng Marcos victims compensation bill. Sa pangalawang pagpupulong, umani ng tagumpay ang mga biktima ng Batas Militar sa pagpapasok ng mga mahahalagang probisyon sa pinal na bersyon ng panukalang batas:

1.       Kasama ang SELDA at Karapatan sa consultative body na bubuuin kung paano ipoproseso ang claims ng mga biktima. Nanatili namang bahagi ang SELDA ng nominations committee na magtutukoy kung sino ang lehitimong biktima o hindi. Samantala, hindi nakasama dito ang Karapatan at Claimants 1081.

2.       Tinanggal na ang “peaceful means” sa pinal na bersyon ng panukalang batas. Sa madaling salita, kinikilala nito ang sinumang lehitimong biktima, anuman ang naging porma ng kanyang naging paglaban sa panahon ng diktadura.

Binabati namin ang mga kasapi ng bicameral conference committee sa kanilang pagtindig para sa biktima, gaya nina Bayan Muna Rep. Neri Colmenares, Sen. Teofisto Guingona III, Sen. Chiz Escudero at iba pa. Umaasa kaming patuloy silang titindig sa mga natitira pang agenda sa bicameral conference pabor sa mga biktima ng Batas Militar na matagal nang ipinaglalaban ang hustisya.

Ang susunod na pagpupulong ay nakatakda sa Miyerkules, Enero 23. Ang natitirang contentious na isyu ay ang usapin ng “conclusive presumption,” kontra sa “disputable presumption” na tinututulan ng mga biktima ng Batas Militar.

Iginigiit ng SELDA na ang mga biktima na nagsampa ng class action suit laban sa mga Marcos ay dapat kilalanin bilang mga lehitimong biktima sa ilalim ng “conclusive presumption,” sa halip na muli silang isalang sa proseso ng pagkilala at pagpapatunay na sila ay tunay ngang mga biktima.

Hustisya sa mga biktima ng Martial Law! Ipasa ang Marcos Victims Compensation Bill!

Download Selda_position_paper_for bicam


Martial law victims demand for ‘acceptable’ version of compensation bill

Selda, a group of martial law victims, holds a rally outside the House of Representatives on Wednesday as the bicameral conference committee on the Marcos victims compensation bill meets anew. KAREN BONCOCAN/INQUIRER.net

Karen Boncocan | Inquirer.net

MANILA, Philippines — A group of martial law victims went to the House of Representatives Wednesday to demand that the bicameral conference committee on the human rights compensation bill ensure that the reconciled version would be acceptable to them.

Samahan ng Ex-detainees Laban sa Detensyon at Aresto (Selda) urged the panel to craft a reconciled version of House Bill 5990 and Senate Bill 3334 that would “reflect the interests of majority of the victims of martial law.”

The group called on lawmakers to ensure that the government recognizes “victims who filed a class action suit against Marcos in Hawaii… as legitimate human rights violation victims.”

HB 5990, being pushed by its principal author Deputy Speaker Lorenzo Tanada III, urges the government to recognize and compensate 9,539 rights victims under the Marcos regime in a prior complaint adjudged by the US Federal Court System in Hawaii.

The Senate version requires evidence that the rights of the victims were violated.

The bicameral panel is set to discuss in a meeting this Wednesday whether the Hawaii plaintiffs ought to be recognized as actual victims of human rights violation during the Marcos regime.

Bayan Muna Representative Neri Colmenares slammed Akbayan Representative Walden Bello for opposing the House version of the bill, saying that the partylist lawmaker undermined the position of the lower chamber in resolving the conflicting provisions of the House and Senate measures.

“Bayan Muna believes that the latest statement of Rep.  Bello that the version of the House in the Marcos compensation bill suffers from constitutional infirmities and that the House is about to abandon its version to give Hawaii victims conclusive presumption that they are indeed victims, is an attack against the victims of human rights during martial law,” he said.

“This is not about Bayan Muna and Akbayan disagreeing with each other.  This is about siding with human rights victims against the Marcoses,” added Colmenares.

The two partylist groups have been known to be political rivals.

Bello was opposed to the 80-20 percent distribution of compensation between the human rights victims in Hawaii and the other complainants.

Colmenares defended the House’s position, saying that the 80-20 percent classification was “fair and reasonable because it recognizes the long suffering of the Hawaii claimants.”


Marcos victims ask Congress to use Hawaii class suit list

Leila B. Salaverria | 

A group of martial law detainees on Monday appealed to Congress to automatically consider some 9,000 individuals who won a class suit against the Marcoses in Hawaii victims of human rights violations entitled to government compensation.

Samahan ng Ex-detainees Laban sa Detensyon at Aresto (Selda) directed its plea to the bicameral conference committee, which is hammering out the final version of a bill that seeks to indemnify victims of abuses during the Ferdinand Marcos dictatorship.

The remuneration would come from the P10 billion in Marcos ill-gotten wealth that Swiss authorities had returned to the Philippine government after the dictator’s  ouster in the 1986 Edsa People Power Revolution.

Selda, which led the filing of the Hawaii case, said claimants must be conclusively presumed as human rights violations victims, as stated in the House of Representatives version of the bill.

The bicameral conference committee is debating on whether to follow the House version or the Senate version, which states that there is a “disputable presumption” that the claimants are victims, meaning they are subject to validation. The panel is to meet on Wednesday following a first meeting last week.

In a statement, Selda chairperson Marie Hilao-Enriquez said that to make the claimants in the Hawaii case undergo a rigorous validation process again would undermine their efforts to seek justice.

“Such a provision is dangerous, for if this is included and passed into law, the victims who filed and won the Hawaii case will once again undergo and endure the painful and rigorous process to prove that they were indeed violated during martial law,” Enriquez said.

“We are adamant that conclusive presumption should be the principle adopted to automatically consider the 9,539 victims who pursued and won the Hawaii case under the proposed Philippine law,” she added.

Enriquez also said the group was pushing the compensation bill  to enforce the 1992 judgment in the Hawaii case, which was to indemnify the martial law victims.

Bayan Muna Rep. Neri Colmenares, one of the Hawaii claimants and a coauthor of the bill, also said that it would be dangerous to do away with the conclusive presumption clause.

He said some of the victims may be unable to present evidence to defend themselves if their application for compensation was contested, considering the many years that had passed.

Colmenares would not be filing any application for compensation since he was the author of the bill, but he added that he himself would be hard put to find the evidence to show he was tortured and imprisoned for four years.

Outrageous

And if a Hawaii claimant was denied by the compensation board, it would just lend credence to the Marcoses’ claim that many of those who filed the court case were fake martial law victims, according to Colmenares.

“It is surely unkind to make the Hawaii victims, the majority of whom are very old now, to again relive before the compensation board their rape, torture and sufferings. This is outrageous,” he said.

He also defended the House provision that states that 80 percent of the compensation fund would go to the Hawaii claimants, and the remaining 20 percent to other claimants.

About 10,000 purported victims have filed cases against the Marcoses following the long and tedious court processes in Hawaii. But Congress is not sure how many of those who did not file cases will apply for compensation, especially since 40 years have passed since martial law was declared in 1972.

Selda also said the compensation bill must recognize all human rights violations victims during the martial law regime, and not just those who were exercising their rights “peacefully” as stated in the Senate version.

“It will be the height of historical amnesia and ignorance to only recognize the rights violations against those who ‘peacefully exercised their rights,’ as if the situation during the martial law years would permit such an exercise,” Enriquez said.

She said those who marched and defended themselves against the Philippine Constabulary and those who joined the communist New People’s Army also had rights.

Joker Arroyo slammed

Enriquez criticized Sen. Joker Arroyo for reportedly derailing the panel’s initial meeting last week by insisting, as embodied in the Senate version of the bill, on limiting reparation to those who fought the dictatorship through peaceful means.

“Arroyo wants to exclude those who resorted to armed resistance during martial law, implying that in doing so, they had given up their rights,” Enriquez told the Inquirer after a meeting in the office of Sen. Teofisto Guingona III, chairman of the Senate committee on peace and unification.

Asked for a reaction, Arroyo’s staff released to the Inquirer without comment a letter from Loretta Ann Rosales, chairperson of the Commission on Human Rights, to Senate President Juan Ponce Enrile, pointing out that the 80-20 ratio provision in the proposed package would nullify the intention of the measure—to give reparation to all victims of human rights abuses.

Arroyo was one of the few prominent lawyers, including the late Jose W. Diokno and Lorenzo Tañada, who defended human rights victims during the martial law years. With a report from Cathy Yamsuan


SELDA on the debates at the bicameral conference committee on the Marcos Victims Bill

Press Release
January 14, 2013

The Samahan ng Ex-detainees Laban sa Detensyon at Aresto (SELDA), a group formed by Martial Law victims that led the filing of the historic class action suit against former Pres. Ferdinand Marcos in Hawaii, today reiterated its position on the issues being debated upon at the bicameral conference committee on the Marcos victims compensation bill.

Marie Hilao Enriquez, SELDA chairperson and daughter of one of the original plaintiffs in the Hawaii case, enjoined members of the bicameral conference committee “to adopt provisions which are acceptable to the victims and their relatives, instead of undermining their arduous and persevering efforts for justice and indemnification.”

“For one, we are deeply disappointed with the utter disregard shown by Sen. Joker Arroyo and Rep. Walden Bello when they dismissed the efforts of the 9,539 victims who filed the class action suit in Hawaii by pursuing a provision on disputable presumption. Such provision is dangerous, for if this is included and passed into law, the victims who filed and won the Hawaii case will once again undergo and endure the painful and rigorous process to prove that they were indeed violated during Martial Law. We are adamant that conclusive presumption should be the principle adopted to automatically consider the 9,539 victims who pursued and won the Hawaii case under the proposed Philippine law,” Enriquez opined.

SELDA agrees with the Bayan Muna Rep. Neri Colmenares, himself a victim and among the class members in the Hawaii suit, in his position asserting for conclusive presumption, as this is in fact an acknowledgement of the State of the judgment of the US courts, which found Marcos and his cronies guilty for the human rights violations under Martial Law. “To run counter to this position is tantamount to opening a Pandora’s box for the Marcoses to evade the US courts’ judgment,” Enriquez said.

The human rights organization added that this is not to discriminate on other victims who failed to file and join in the class action suit. “We wish to remind our legislators and the public that the reason we are pushing for a law to indemnify martial law victims, is to finally enforce the Historic Hawaii Class Suit judgement which we won in 1992.” Enriquez declared “The Philippine government required that a law must be made to indemnify martial law victims from the ill-gotten money the Swiss government returned to them in 2003. They should be made a priority.”

Moreover, SELDA reiterated that the bicameral committee members should recognize human rights violations against all Martial Law victims, instead of discriminating against those who opted to take up arms to defend themselves and many others from further human rights violations
inflicted by the dictator.

“It will be the height of historical amnesia and ignorance to only recognize the rights violations against those who ‘peacefully exercised their rights,’ as if the situation during the Martial Law years would permit such exercise. Ang mga nagmartsa ba at pinagtanggol ang sarili sa mga miyembro ng Philippine Constabulary, at yung mga sumali sa New People’s Army ay walang mga karapatan? All those whose rights were violated should be rendered justice,” Enriquez said.

Finally the group reiterated its position to be included in the Human Rights Claim Board: “When Selda filed the now historic class suit vs, Marcos in 1986, we took on the research, interview and gathered documents that were brought to the Hawaii Courts. Many victims became members of Selda and we continue to have chapters in various parts of the country. The help of members in identifying and verifying victims would be valuable in the process once the law is enacted and implemented.” Enriquez ended. ###

Reference:
Marie Hilao-Enriquez
09175616800

PASS THE MARCOS INDEMNIFICATION BILL NOW – SELDA

NEWS RELEASE
14 December 2010

Reference: Fr. Dionito Cabillas, SELDA Secretary General (0917-561-6800)

“It’s about time that the victims under the Marcos dictatorship be accorded a component of justice by recognizing the sacrifice they have made in fighting for the people’s rights and freedoms. Pres. Benigno Aquino III and House Speaker Feliciano Belmonte should make good their word in ensuring that the long overdue measure in Congress seeking indemnification for the victims of Martial Law be immediately passed.”

Thus said Fr. Dionito Cabillas, Secretary General of the Samahan ng Ex-detainees Laban sa Detensyon at Aresto (SELDA), as Cabillas and Martial Law victims trooped today to the House of Representatives in a hearing of the Committee on Human Rights on the proposed measures on indemnification of the victims of Martial Law.

Cabillas said that it has been more than two decades ago since the Marcos victims, led by SELDA, filed the class action suit against Marcos for crimes against humanity. In September 1992, the US Federal District Court of Hawaii decided in favor of the 9,539 Filipino victims and ordered the Marcoses to pay the victims almost $2B for damages. In 1997, the Swiss Supreme Court ordered the transfer of the then US$540 million Marcos ill-gotten Swiss deposits to an escrow account of the Philippine National Bank, in favor of the Philippine Government, and in which the victims who filed the class suit in Hawaii be considered by the government in the release of the funds.

“SELDA fully supports the renewed drive led by Bayan Muna Rep. Neri Colmenares, himself a Martial Law victim, Rep. Teodoro Casino and the progressive legislators’ bloc who refiled two bills, House Bills 954 and 1693, for the immediate passage of measures for the recognition and compensation of victims of human rights violations during the Marcos dictatorship. The four (4 – Corazon Aquino, Fidel Ramos, Joseph Ejercito Estrada and Gloria Macapagal Arroyo) administrations after Marcos have not rendered justice and were unable to decisively pass legislation to compensate the victims,” Cabillas said.

He said that the bill was already declared a priority legislation under the Arroyo administration, yet it was kept at bay even if the measure was already in its 3rd reading in the 14th Congress.

Cabillas also reiterated that the Hawaii class suit list of victims who remain as parties to the Human Rights Litigation Against the Estate of Ferdinand E. Marcos (MDL 840) in the United States Federal Court System in Hawaii, must be recognized and given priority in the House bill for compensation. They must be considered automatically as victims of human rights violations and must be considered first in the indemnification; additional victims who did not participate in the class action suit in Hawaii may undergo a process in which a determination that they were victims of human rights violations will be conducted. #


Pnoy should ensure immediate passage of Marcos indemnification measures – SELDA

NEWS RELEASE – 7 November 2010

Reference: Marie Hilao-Enriquez, SELDA Chairperson (0917-561-6800)

“It’s about time that the victims under the Marcos dictatorship be accorded a component of justice by recognizing the sacrifice they have made in fighting for the people’s rights and freedoms. Pres. Benigno Aquino III should make good his word of ensuring that the long overdue measure in Congress seeking indemnification for the victims of Martial Law be immediately passed.”

Thus said Marie Hilao Enriquez, Chairperson of the Samahan ng Ex-detainees Laban sa Detensyon at Aresto (SELDA) and daughter of one of the original named plaintiffs in the historic class suit against Pres. Ferdinand Marcos.

Enriquez said that it has been more than two decades ago since the Marcos victims, led by SELDA, filed the class action suit against Marcos for crimes against humanity. In September 1992, the US Federal District Court of Hawaii decided in favor of the 9,539 Filipino victims and ordered the Marcoses to pay the victims almost $2B for damages. In 1997, the Swiss Supreme Court ordered the transfer of the then US$540 million Marcos ill-gotten Swiss deposits to an escrow account of the Philippine National Bank, in favor of the Philippine Government, and in which the victims who filed the class suit in Hawaii be considered by the government in the release of the funds.

“SELDA fully supports the renewed drive led by Bayan Muna Rep. Neri Colmenares, himself a Martial Law victim, Rep. Teodoro Casino and the progressive legislators’ bloc who refiled two bills, House Bills 954 and 1693, for the immediate passage of measures for the recognition and compensation of victims of human rights violations during the Marcos dictatorship. The four (4 – Corazon Aquino, Fidel Ramos, Joseph Ejercito Estrada and Gloria Macapagal Arroyo) administrations after Marcos have not rendered justice and were unable to decisively pass legislation to compensate the victims,” Enriquez said.

She said that the bill was already declared a priority legislation under the Arroyo administration, yet it was kept at bay even if the measure was already in its 3rd reading in the 14th Congress.

Enriquez also reiterated that the Hawaii class suit list of victims who remain as parties to the Human Rights Litigation Against the Estate of Ferdinand E. Marcos (MDL 840) in the United States Federal Court System in Hawaii, must be recognized and given priority in the House bill for compensation. They must be considered automatically as victims of human rights violations and must be considered first in the indemnification; additional victims who did not participate in the class action suit in Hawaii may undergo a process in which a determination that they were victims of human rights violations will be conducted. #