Chiz: Compensation
law gives true meaning to EDSA
By Office of Senator Chiz
Escudero
February 25, 2013
PASAY CITY – The signing of
the reparation law, which will provide P10 billion in compensation to
human rights victims of martial law, gives true meaning to the
celebration of the 27th anniversary of the Edsa revolt, Senator Chiz
Escudero said.
The law aside from providing
financial compensation, also more significantly provides recognition
to Filipinos who suffered under the martial rule of Marcos.
Escudero, chairman of the
Senate committee on justice and human rights, sponsored the measure,
known as the Human Rights Victims Reparation and Recognition Act of
2012.
The signing of the law
during the People Power revolt festivities was fitting since the
events of 1986 that led to the ouster of Marcos and Cory Aquino’s
ascendance to the presidency marked the beginning of the rendering of
justice for martial law victims, Escudero noted.
“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,” Escudero said.
Under the law, the amount of
compensation to be awarded to the victims is proportionate to the
gravity of the offense inflicted on them through a point system that
is a basic component of the law.
Victims who died or who
disappeared are given 10 points, while those tortured and, or sexually
abused gets from six to nine points, for instance.
Political detainees get from
three to five points while those who can prove that their rights were
violated under the Act are awarded from one to two points.
Escudero noted that the
Marcos compensation law is unique since it is the first time that a
state recognizes a previous administration’s abuse on its citizens
through reparation and recognition.
He said the recognition
given under the law provides victims of martial law who do not need
financial compensation the rendering of justice from the state.
“The expanded coverage of
the law includes not only monetary compensation but also non-monetary
benefits such as social and psychological assistance on victims of
atrocities through different concerned government agencies. Instead of
merely calling it compensation bill, we now call it the reparation
bill,” Escudero said.
The law also created a Human
Rights Claim Board from where a victim of human rights violation
during the Marcos regime is qualified to file a claim as stated in
section 16 of the Act.
Also under the law all those
involved in the class and direct action suit in Hawaii against Marcos
and all victims recognized by the Bantayog Ng Mga Bayani Foundation
were accorded the same conclusive presumption of being human rights
victims defined under the law.
“Conclusive presumption
means that any person who has secured or can secure a favorable
judgment or award of damages from any court in the country arising
from human-rights violation shall be considered conclusively as a
victim without need of further proof,” Escudero said.
Those who will seek relief
through the law for the first time may claim compensation under
section 18 which states that “the Board may take judicial notice motu
propio of individual persons who suffered human rights violations.”
The compensations will come
from a P10-billion fund held in escrow, plus accrued interest, which
was part of the amount transferred to the Philippine government by the
Swiss Federal Supreme Court as part of the billions of pesos the
Marcoses were suspected to have stashed abroad.