MANILA, Philippines – The only son of two of the most prominent victims of Ferdinand Marcos’ regime signed a landmark law yesterday, providing compensation for human rights victims of the dictatorship.
President Aquino, whose father Benigno was assassinated by state forces in 1983, signed Republic Act 10368 or the Human Rights Victims Reparation and Recognition Act of 2013.
The law will award P10 billion, sourced mainly from the Marcoses’ deposits in Swiss banks, to about 10,000 victims.
RA 10368 seeks to “right the wrongs of the past,” President Aquino said.
Compensation will be based on the extent of injuries. A point system of distributing the funds will be spelled out in greater detail in the implementing rules and regulations that will be released soon.
“The law itself provides a point system. There will be of course the board that will be determining the claimants, and based on that point system they will be able to determine how much a person will be entitled to,” presidential spokesman Edwin Lacierda said.
The signing of the law – exactly 27 years after the ouster of dictator Ferdinand Marcos in a bloodless military-backed popular uprising – is also considered an official recognition of the atrocities committed during the regime, largely by security forces.
Marcos and his relatives and cronies are accused of plundering up to $10 billion. So far, the government has recovered about $4 billion.
“We may not bring back the time stolen from martial law victims, but we can assure them of the state’s recognition of their sufferings that will help bring them closer to the healing of their wounds,” Aquino said.
Among the factors to be considered in determining individual compensation are period of detention, degree of torture or sexual abuse, among others.
“There is a determination of award. There is a point system and it shall range from one to 10 points,” Lacierda said.
“Victims who died or disappeared or are still missing shall be given 10 points, while those tortured and/or raped or sexually abused shall be entitled to six to nine points; victims who suffered detention shall be given three to five points; victims whose rights were violated shall be given one to two points.
“And there will be an IRR that will be drafted and perhaps put in finer detail how this computation of the point system shall be done,” Lacierda said.
The law also provides for the creation of the Human Rights Violations Victim’s Memorial Commission, whose task is to heighten the youth’s awareness – through education – of the excesses of the Marcos regime as well as the heroism of those who fought it.
Presidential Commission on Good Government (PCGG) chairman Andres Bautista said RA 10368 “addresses not only past mistakes but endeavors to ensure that these mistakes never happen again.”
“The P10-billion fund which will be sourced from the Marcos Swiss bank accounts successfully repatriated back to the Philippines by the PCGG in 2003 is definitely being put to good use,” he said.
In a speech delivered at the People Power monument on EDSA in Quezon City, Aquino thanked Senate President Juan Ponce Enrile and Speaker Feliciano Belmonte Jr. for shepherding the measure. He also lauded House Deputy Speaker Lorenzo Tañada III – one of the main authors of the law – for patiently working for the approval of the bill.
“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, we should also have tuwid na kasaysayan in order to prevent a wrong presentation of history,” Tañada said.
Tañada’s father and grandfather, Wigberto and Lorenzo Sr., were themselves victims of martial law.
Loretta Ann Rosales, an anti-Marcos activist who was tortured by his security forces and now heads the Human Rights Commission, said the law would finally allow all his victims to feel a sense of justice.
“The law is essential in rectifying the abuses of the Marcos dictatorship and obliges the state to give compensation to all those who suffered gross violations of their rights,” Rosales said.
Under the law, a compensation board will accept and evaluate applications for reparations over the next six months, according to Rosales.
Marie Hilao-Enriquez, chair of the Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto or SELDA, also welcomed the symbolic intent behind the law but said the money was too little to have a meaningful impact.
“There are so many victims that when you divide it to everyone it will not result to much,” Hilao-Enriquez said.
SELDA represents about 10,000 documented victims but she said there were many more who had not been officially registered and may now come forward, such as Muslim communities in Mindanao.
“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,” SELDA said in a statement. “They faced adversity, but took the courage to stand up and defend, not only theirs, but the people’s rights.”
For some lawmakers who fought the Marcos dictatorship, the signing of RA 10368 completed the “trilogy” of landmark human rights laws in the country.
Albay Rep. Edcel Lagman and Bayan Muna Rep. Neri Colmenares, in separate statements, hailed President Aquino’s signing of the law but called on Malacañang to make sure the new law is strictly implemented.
The two other landmark human rights laws are the Anti-Torture Act of 2009 or RA 9745 and the Anti-Enforced or Involuntary Disappearance Act of 2012 or RA 10353, Lagman said.
Lagman’s brother, human rights and labor lawyer Hermon Lagman, disappeared on May 11, 1977. His family never found him despite incessant efforts to locate him in military camps. The Albay lawmaker said they have not decided if they would accept compensation.
Colmenares said he considered the enactment of the compensation law a personal victory, citing his experience of torture at the hands of the military as well as his four-year detention as a 17-year old student leader.
“At last the long wait for the martial law victims is over. This is a victorious day for those who have awaited and fought for the state’s recognition of their suffering under martial law,” Colmenares said.
“Many years after the Hawaii court recognized us, our own government recognized us,” he said, referring to the ruling of the US court to grant compensation to nearly 10,000 victims of human rights violations during the regime of the late strongman Marcos.
“The overall message of this recognition is that martial law must never happen again, or is a call for vigilance – the people must not let it happen again,” he added.
Colmenares also said he would have given to his mother whatever compensation he would receive had she lived long enough to see the law passed and implemented.
“She did suffer a lot during my torture and four-year imprisonment, so I would have willingly given it to her, but she died last year. I guess I would have to give my share nalang to the SELDA,” he said.
He said his mother wanted to do repairs on their house in Bacolod City. He added that it might also be ethically questionable for him to accept compensation since lawmakers are not supposed to financially benefit from legislation enacted during their term.
Unlike Colmenares, another human rights victim turned lawmaker said he would be very happy to accept compensation.
“I was a detainee in Bicutan in 1978. Yes, I will accept. It is a moral victory on my part,” Iloilo Rep. Jerry Treñas told The STAR. Treñas belongs to the ruling Liberal Party. Colmenares said Bayan Muna colleague and The STAR columnist Satur Ocampo had been removed from the compensation list by lawyers of the Marcoses.
“We will insist that he be included in the list of human rights victims in recognition of his sacrifices during martial law,” he said.
By compensating human rights victims, the government is officially recognizing their sacrifices, senators said yesterday.
“While it took all of 27 years for the state to finally recognize the atrocities it inflicted on Filipinos whose democratic rights were suppressed under Marcos, the compensation law seeks to give justice to victims of the dark days of oppression and hopefully give an assurance that it will not happen again,” Sen. Francis Escudero said.
“As one of the co-authors of this law, I personally see this as a recognition of the heroism that was widespread during martial law: a heroism that rang across hills and blazed through the streets of this country,” Sen. Teofisto Guingona III said.
Even the late dictator’s son and namesake described the law as “reasonable” and “imbued with compassion.”
But Sen. Bongbong Marcos said the government should also find ways to compensate other human rights victims after the 1986 revolution.
“It is only when we remember the atrocities, the injustice, and the abuses that went on in our past that we, as a nation, can continue to fight against attempts to resurrect these evils. Our memory of martial law, kept alive and strong, will ensure that we will never have to suffer the same fate ever again,” Guingona added.
Sen. Loren Legarda said the people should continue to fight for human rights without trampling on the rights of others.
“We must support ways by which we can protect and uphold our democracy,” she said.
“We must protect freedom of speech. We should ensure honesty, transparency and accountability of government officials, thus we must have freedom of information,” Legarda stressed.
Sen. Alan Peter Cayetano, for his part, said the government should sustain the “momentum of change” so that every Filipino can realize the full benefits of democracy.
He said the benefits of EDSA would only be fully realized if economic opportunities become acccessible to the majority of Filipinos.
For Sen. Francis Pangilinan, the signing of the landmark compensation law on the anniversary of the People Power Revolution of 1986 “serves as a reminder for us Filipinos to never take for granted the freedom that we now enjoy.”
Pangilinan said Filipinos born after the revolution must be constantly reminded of the excesses of the Marcos regime.
“It is our duty to remind this generation of what transpired. We must never allow this part of our history to be trivialized nor the facts twisted by those who seek to be cleansed of their transgressions against the Filipino people. Never again, indeed,” Pangilinan said. – With Paolo Romero, Jess Diaz, Alexis Romero, Christina Mendez, Rhodina Villanueva, Rainier Allan Ronda
On the upcoming anniversary of the first Edsa People Power, the Samahan ng mga Ex-detainees Laban sa Detensyon at Aresto (SELDA) calls on Pres. Aquino to immediately sign into law the Human Rights Victims Reparation and Recognition Act of 2013.
Almost three weeks after having been ratified by both houses of congress, the said measure still awaits the president’s signature for its enactment into law.
According to SELDA, the victims have waited so long for this law and the pomposity and grandiose preparation that go with the President’s formal signing should not be a reason for its delay.
“We have already suffered and waited more than enough for the past 27 years. Its passage into law and the final recognition of the struggles and sacrifices of victims and survivors is substantially enough for us. We strongly urge Aquino not to delay anymore its signing, and let the law now do justice for us,” said Marie Hilao-Enriquez, chairperson of Selda.
Though it sees nothing wrong that the bill is said to be signed on the anniversary of the first people power, SELDA expresses dismay that the eventual signing would be used by the Aquino administration to further portray itself as a “human rights champion” and to score points for the government during this election period.
“The law is a product of the numerous efforts of the victims to seek justice, and it should not be used to deodorize the human rights record of this regime brought about by the numerous killings and transgressions that are committed by this regime,” said Hilao-Enriquez. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson 0917-5616800
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.
Almost four decades after he was arrested and tortured and his sister disappeared into a maze of Philippine police cells and military houses, playwright Bonifacio Ilagan is finally seeing his suffering officially recognized.
A writer for an underground communist newspaper, Ilagan and thousands like him were rounded up by security forces of the dictator Ferdinand Marcos after he placed the Philippines under martial law in 1972. Detentions, beatings, harassment and killings of the regime’s opponents continued until Marcos was toppled in the 1986 Edsa People Power Revolution.
Even though democracy was restored, it would take another 27 years for Congress to vote on a bill awarding compensation and recognition to martial law victims.
On Monday, the House of Representatives and the Senate ratified the bill after the bicameral committee earlier in the day signed the final version of the bill following some last-minute polishing.
President Aquino is expected to sign the bill into law shortly, possibly before the anniversary of the Edsa People Power Revolution that ousted Marcos.
“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,” said a statement from Selda, an organization of former political prisoners.
Ilagan’s story is more of a rule than exception among leftist activists of his generation.
“The torture started in the house. We were beaten up, punched and kicked,” he said, recalling a police raid on his residence in April 1974 and the beginning of his two-year detention ordeal.
He said he vomited blood after being kicked in the thighs. The soles of his foot had been burned by an iron, he added.
“The one episode in my torture that I cannot forget was when they ordered me to remove my pants and underwear and they inserted a piece of stick into my penis. ‘Oh my God,’ I said, this is one torture I could not bear,”’ the 61-year-old said in an interview.
He said that interrogators wanted him to decode documents and identify people in pictures that were seized from suspected communists.
“Compared to others, mine was not the worst torture,” he said. “The others were electrocuted and injected with truth serum. … But the threats continued.”
Ilagan’s sister, Rizalina, disappeared in 1976 along with nine other activists, many of them students involved in anti-Marcos publications, he said.
One of the women arrested by the same government unit that he suspected was involved in his sister’s abduction had escaped to recount her rape and torture. Ilagan said he has no doubt that his sister went through the same abuses.
His parents died still hoping his sister would turn up alive, but the family has found no closure, Ilagan said.
Despite cases filed by former political prisoners, “there have been no convictions of perpetrators,” Marie Hilao-Enriquez, chairperson of Selda, said Monday.
“Governments after Marcos did not move or did not do anything to go after Marcos seriously, so we filed a case in Hawaii,” Enriquez said.
In 1992, the victims won a class action suit against the Marcos estate in Hawaii.
Under the Human Rights Victims Reparation and Recognition Act of 2013, the 9,539 victims in the Hawaii class action suit against the Marcoses will be awarded compensation using $246 million, roughly P10 billion, that the government recovered from Marcos’ ill-gotten wealth deposited in Swiss bank accounts.
The bill states that these plaintiffs would be presumed victims of martial law abuses, which means they would no longer have to prove their claims for compensation.
Also to be conclusively recognized as Marcos victims are those in the list of the Bantayog ng mga Bayani foundation.
The amount each will receive will depend on the abuse suffered.
Loretta Rosales, chairperson of the Commission on Human Rights, said her agency was looking at around 6,000 cases of abuses during the Marcos years. If there are two victims for each case, there could be 12,000 more claimants eligible for compensation, she said.
“Finally, over two decades after the fall of the dictatorship, we will have a law that puts the responsibility of human rights abuses square on the shoulder of Marcos and provides justice for all those who suffered under his reign,” said Rep. Walden Bello, a member of a congressional committee that drafted and approved the bill.
“This bill should make us realize that never again should we allow (the atrocities) of the Marcos regime to happen in this country,” Sen. Francis Escudero said after the Senate ratified the 16-page bicameral report.
“After 25 years, I really hope that the Marcos compensation bill would be signed in time for the Edsa One celebration,” the senator said.
Escudero noted that many of the victims of martial rule were more interested in being recognized and listed in the Roll of Victims than in receiving reparation, citing Sen. Joker Arroyo.
There would be cases when the Human Rights Claim Board itself would recognize unilaterally a martial law victim and put his name in the roll even if he does not apply for recognition, he added. With reports from Associated Press, Leila B. Salaverria and Cathy C. Yamsuan
A quarter century after the ouster of dictator Ferdinand Marcos, the government will officially hold accountable his martial law regime for human rights abuses and its victims compensated for their sufferings.
A bicameral conference committee will hold a final meeting Monday to smooth out the final version of a bill that seeks to compensate victims of abuses during the 14 years martial law was enforced before it is submitted for approval by the House of Representatives and the Senate, Albay Rep. Edcel Lagman said Sunday.
Compensation will come from the P10 billion of the Marcoses’ ill-gotten wealth that Swiss authorities have transferred to the Philippines. The amount that each would receive would depend on what kind of abuse they suffered.
Aside from that, the impending law would hold Marcos responsible for what transpired during his dictatorship.
“Finally, over two decades after the fall of the dictatorship, we will have a law that puts the responsibility for human rights abuses square on the shoulder of Marcos and provides justice for all those who suffered under his reign,” Akbayan Rep. Walden Bello said in a statement.
Bello, a member of the bicameral panel, also said the bill would ensure that the younger generation would learn about the atrocities committed during martial law.
It is important to impart the lessons from the Marcos regime to prevent a repeat of the dark period, he said.
“The nation is practically on the verge of forgetting the atrocities committed during the martial law period, and this is not by accident but because of the deliberate revisionist efforts of the Marcos camp to whitewash the memory of that period. Justice also lies in ensuring that Filipinos of all generations will not forget the dark, violent past, and the bill ensures that,” he said.
Samahan ng mga Ex-Detainee Laban sa Detensyon at Aresto (Selda), for its part, said the bill was all the more significant for formally recognizing that abuses were committed during martial law and that there were those who did not take these sitting down.
“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,” the group said in a statement.
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
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!