Posts tagged “Republic Act 10368

P-Noy Booed for Appointing ‘Martial Law Relic’ as Head of HR Victims’ Claims Board

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Rhodora Martinez | Kicker Daily News
February 28, 2014

MANILA, Philippines – A two-star general was put on a hot seat after critics questioned her qualifications as the newly appointed chairperson of a compensation board tasked to determine who were victims of Martial Law that deserve compensation.

This came after President Benigno Aquino III appointed police general Lina Castillo-Sarmiento to head the Martial Law Victims Claims Board.

Lawmakers and human rights groups expressed dismay over the President’s appointment of Sarmiento and vowed to seek intervention from the Supreme Court to reverse the Palace decision.

Senator Joker Arroyo appealed to Aquino in his open letter to the broadsheet Philippine Daily Inquirer to re-examine the basis for the appointment of Sarmiento.

Arroyo said Sarmiento’s track record on human rights today does not qualify her to the position as she was never involved in human rights advocacy during the Martial Law years.

“The appointment of a general from the uniformed services to preside as chair over the adjudication of the claims for reparation and recognition of the human rights victims is a stinging repudiation of our 15 years of struggle for freedom and democracy, which culminated in the national incandescence at EDSA,” the elder lawmaker stated.

According to Bayan Muna partylist Rep. Neri Colmenares, the appointment of Sarmiento as claims board chair is a violation of the criteria that a member of the compensation board should have a “clear commitment on human rights protection and promotion.”

Colmenares said that under former President Gloria Arroyo, Sarmiento headed the Philippine National Police-Human Rights Affairs Office (PNP-HRAO).

“General Sarmiento openly defended former President Gloria Arroyo from charges of human rights violations and extra judicial killings, practically tolerating the human rights record of the Arroyo regime,” he stressed.

Republic Act 10368, also known as the Human Rights Victims’ Reparation and Recognition Act of 2013, requires the members of the Human Rights Victims’ Claims Board to 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.

Meanwhile, former Bayan Muna Rep. Satur Ocampo and members of the Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto (SELDA) filed a petition for certiorari before the Supreme Court to ask the high court to nullify Sarmiento’s appointment.

According to the petition, “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,” it added.

Senator Arroyo, Colmenares and Ocampo are among those who experienced torture and detention by the Philippine Army and Philippine Constabulary, where Sarmiento was a member.

“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,” Ocampo stated.

According to SELDA, there are about 10, 000 victims of human rights violations under the regime of former President Ferdinand Marcos.

RA 10368 was signed into law by President Aquino on February 2013 on the occasion of the anniversary of the historic People Power uprising that ousted the dictator president.

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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

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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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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.


BS Aquino’s ML Claims Board a distortion of history

PRESS RELEASE | Karapatan.org
February 20, 2014

“The Aquino government chose to commemorate the 28th year of People Power 1 and the fall of the Marcos dictatorship by consigning a general who was part of the Philippine Constabulary-Integrated National Police (PC-INP) to head Human Rights Victims’ Claims Board,” said Karapatan secretary general Cristina Palabay.  “The appointment of Gen. Lina Sarmiento is a subtle way to rewriting history. It obliterates the distinction between perpetrators and victims of human rights violations during martial law,”Palabay added.

Karapatan scored Sarmiento and other Aquino apologists who try to focus on the monetary compensation for the victims of martial law. The task of the Claims Board is not simply “to receive, assess, evaluate, investigate and process applications for compensation of victims of human rights violations” as Sarmiento put it.

“The heart of the matter is justice,” Palabay said. “The Claims board is a mechanism designed by a law that aims, first and foremost, to render justice to martial law victims.”

The law, in fact, specifically states its intent to “recognize the heroism and sacrifices of all Filipinos who were victims of summary execution, torture, enforced or involuntary disappearance and other gross human rights violations committed during the regime of former President Ferdinand E. Marcos.”

“Thus, the membership of the Claims Board should reflect the spirit of justice,” said Palabay. “Viewed from different angles, the appointment of Sarmiento is unjustifiable. At best it is ludicrous; at worst, it shows how perverted this government views history.”]

Republic Act 10368 states that members of the Claims Board must be of known probity, competence and integrity; must have a deep and thorough understanding of knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos; and must have a clear and adequate understanding and commitment to human rights protection, promotion, and advocacy.

Karapatan joins the demand to recall the appointment of Gen. Lina Sarmiento and supports the formation of a People’s Claims Board. The People’s Claims Board is composed of known anti-dictatorship activists and human rights advocates, mostly victims of martial law themselves: Makabayan President Satur Ocampo, SELDA chairperson Marie Hilao-Enriquez, SELDA vice-chairperson Bonifacio Ilagan, former Gabriela Women’s Party representative Liza Maza, UP Professor Judy Taguiwalo, Dr. Edelina de la Paz, Atty. Kit Enriquez, and Atty. Dominador Lagare, Sr. ###


Group wants transparency on selection of HR claims board

Dennis Carcamo | Philippine Star

Rights group Karapatan on Thursday called on the Aquino administration for  transparent and credible process in the selection of the members of the Human Rights Victims Claims Board.

“The process should be acceptable to the victims,” Karapatan secretary general Cristina Palabay said.

Palabay said they are  apprehensive because as vital information on the nomination process and schedules were not publicized.

“We hope that this is not a foreshadowing of the possible exclusion of the nominees of Selda and Tanggol Bayi from the Human Rights Claims Board,” Palabay added.

The group also echoed the call of the martial law victims that the Claims Board should be composed of people “with integrity, competence and probity and, who understand the plight of the victims.”

Under Republic Act 10368 or the Human Rights Violation Victims Reparation and Recognition Act of 2013, the Claims board is mandated to formulate the implementing rules and regulations of the measure and to process the claims of victims of human rights violations during martial law.


Martial law victims get P10B

Jocelyn Montemayor | Malaya
February 25, 2013

SAYING the quest for justice is not yet over, President Aquino yesterday signed the Human Rights Victims Reparation and Recognition Act of 2013 (Republic Act 10368), which would compensate human rights victims during the martial law era.

The law, which was signed during the 27th anniversary of the EDSA People Power revolution, sets aside P10 billion from the seized Marcos assets as reparation for victims of summary execution, torture, enforced or involuntary disappearance and other gross human rights violation committed from September 21, 1972 to February 25, 1986.

The law also concluded that members of the class suit that was decided by Hawaii District Court Judge Manuel Real and human rights victims as recognized by the Bantayog ng mga Bayani Foundation are also presumed victims during the martial law regime.

Presidential spokesman Edwin Lacierda said Section 20 of the new law provides for a reward or point system ranging from 1 to 10 which would be used to identify the victims and determine how much compensation they would receive.

Those who died or disappeared or are still missing get 10 points; those tortured and/or raped, four to nine points; detained, two to four points; and forced into exile, kidnapped or otherwise exploited, sexually offended but not raped during military and/or police operations, one to four points.

Claims by the human rights victims or their heirs shall be made within six months after the effectivity of the implementing rules . The law provides that no special power of attorney shall be recognized unless the victim is incapacitated.

A nine-member Human Rights Victim’s Claims Board shall be created that would draft the implementing guidelines and process the applications for compensation.

Non-monetary reparation shall be provided by the education and social welfare departments, Commission on Higher Education and the Technical Education and Skills Development Authority in coordination with the Commission on Human Rights, through the preparation of teaching modules on the abuses committed and heroism shown during the martial law years.

A Human Rights Violations Victims’ Memorial Commission shall be established in honor of the human rights victims.

Aquino said the People Power revolution does not belong to only one particular group, and called on Filipinos to remember its lessons and put the country’s interests ahead of their own.

He said a united and solid Filipino force is needed to stand against all obstacles in the path towards progress.

The President said the Philippines served as inspiration for other countries after the 1986 bloodless revolution. He said the country is again a new source of inspiration due to its strong fiscal standing amidst the global economic uncertainty and pessimism.

He said Filipinos should be proud of this achievement, and work on ending the economy’s boom and bust cycle.

Aquino led the flag raising ceremony at the People Power Monument that kicked off the day-long activities that marked the Edsa anniversary.

The President was joined by Vice President Jejomar Binay, Cabinet members led by Executive Secretary Paquito Ochoa Jr., and members of the Senate and House represented by Senator Franklin Drilon and Speaker Feliciano Belmonte Jr.

The President also led the awarding of the Spirit of Edsa Foundation Awards, and witnessed the presentation of a Pledge of Commitment by governors, and religious, business and youth representatives and the “Salubungan” rites that recalled the  converging of the military and the people in EDSA to stand against the forces of then President Ferdinand Marcos.

President Fidel Ramos, then AFP Vice Chief of Staff, and former Senator Agapito Aquino – Aquino’s uncle – led the Salubungan.

A statue of Our Lady, credited for the peaceful revolution, was carried by Father Arnold Abelardo who was seated on top of a military tank adorned by yellow flowers. The Salubungan was followed by a shower of yellow confetti from a military chopper.

The Madrigal Singers then led the singing of “Magkaisa” and “Bayan Ko,” after which Ramos and the elder Aquino reenacted the “victory jump,” a reminder of the crowd’s celebration when told that Marcos had left the Palace.

In the afternoon in Malacañang, the President met with busloads of children from various orphanages and told them about martial law and People Power.

He said the younger generation should preserve the democracy and freedom that the country enjoys.

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) said the signing of the reparations law was a “small victory” for the martial victims’ continuing search for justice.

“They faced adversity, but took the courage to stand up and defend, not only theirs, but the people’s rights,” said SELDA chair Marie Hilao-Enriquez.

The group said the passage of the law was due mainly to the persistence of the martial law victims who worked with supporters against those who sought to oppose or delay the measure.

SELDA vowed to guard the 9,539 people included in the master list of martial victims against unnecessary bureaucratic processes and scams that will deprive them of just indemnification.

The human rights group Karapatan said the human rights abuses continue under the present administration.

In a statement, Karapatan secretary-general Cristina Palabay said yesterday’s commemoration of the EDSA People Power is an “empty exercise meant as a window dressing for the administration’s dismal human rights records.”

The militant group Bagong Alyansang Makabayan (Bayan) said the political comeback of the Marcoses, 27 years after EDSA 1, points to the failure of all post-EDSA governments to make them truly accountable.