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.
Prolonged Illegal Detention is Justice Denied!
We, the Morong 43 appeal to our government for an impartial and swift justice on our case and the cases of all political prisoners in the country. For eight months ,we are languishing in jail. We are being detained illegally based on a defective warrant. In addition, we are falsely accused of illegal possession of fire arms and explosives while conducting a health training. Furthermore, our case in the Court of Appeals, has not been acted upon since April 2010.
While in detention, our rights are continuously violated. For the first 3 months
under military detention, we had been subjected to physical and psychological torture while being handcuffed and blindfolded for six hours. Twice, our military
captors blocked our motion for transfer to a civilian detention facility.
Now while on civilian detention, the court denied Judilyn Oliveros’ motion for release on recognizance, to stay out of jail, and only granted a three-month stay at the hospital.
Until now we can not understand what crime have we committed to suffer these kinds of injustices. Is it a crime and impart health knowledge and skills to community health workers in order to help deprived communities of health services?
Eight months of detention has caused suffering to our families, relatives, friends and supporters. The communities that we serve are continuously being neglected and are still suffering from basic health care.
On this day, we join the National Day of Action and Sympathy Fast to protest the continued trampling and violation of our human rights. We appeal to all freedom-loving people to help fight for and restore the respect to the rule of law and above all respect for human rights.
We ask President Benigno “Noynoy” Aquino III to release us and all political prisoners without conditions to concretize his banner pronouncement during his State-of-the-Nation Address on respect for human rights.
Prolonged illegal detention is justice denied!
Free the 43 community health workers!
Free all political prisoners!