Creation and Composition of the Human Rights Victims’ Claims Board.
SEC. 8. Creation and Composition of the Human Rights Victims’ Claims Board. — There is hereby created an independent and quasi-judicial body to be known as the Human Rights Victims’ Claims Board, hereinafter referred to as the Board. It shall be composed of nine (9) members, who shall possess the following qualifications:
(a) Must be of known probity, competence and integrity;
(b) 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;
(c) At least three (3) of them must be members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years; and
(d) Must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.
The Human Rights Victims’ Claims Board shall be attached to but shall not be under the Commission on Human Rights (CHR).
The Board shall organize itself within thirty (30) days from the completion of appointment of all nine (9) members and shall thereafter organize its Secretariat.
Appointment to the Board.
SEC. 9. Appointment to the Board. — The President shall appoint the Chairperson and the other eight (8) members of the Board: Provided, That human rights organizations such as, but not limited to, the Task Force Detainees of the Philippines (TFDP), the Free Legal Assistance Group (FLAG), the Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI), the Families of Victims of Involuntary Disappearance (FIND) and the Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto (SELDA) may submit nominations to the President.
Powers and Functions of the Board.
SEC. 10. Powers and Functions of the Board. — The Board shall have the following powers and functions:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
(b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;
(c) Conduct independent administrative proceedings and resolve disputes over claims;
(d) Approve with finality all eligible claims under this Act;
(e) Deputize appropriate government agencies to assist it in order to effectively perform its functions;
(f) Promulgate such rules as may be necessary to carry out the purposes of this Act, including rules of procedure in the conduct of its proceedings, with the Revised Rules of Court of the Philippines having suppletory application;
(g) Exercise administrative control and supervision over its Secretariat;
(h) The Board, at its discretion, may consult the human rights organizations mentioned in Section 9 herein; and
(i) Perform such other duties, functions and responsibilities as may be necessary to effectively attain the objectives of this Act.
Resolution, of Claims.
SEC. 11. Resolution, of Claims. — The Board shall be composed of three (3) divisions which shall function simultaneously and independently of each other in the resolution of claims for reparation. Each division shall be composed of one (1) Chairperson, who shall be a member of the Philippine Bar and two (2) members to be appointed by the Board en banc.
Emoluments.
SEC. 12. Emoluments. — The Chairperson and members of the Board shall have the rank, salary, emoluments and allowances equivalent to s Presiding Justice and Associate Justice of the Court of Appeals, respectively.
Secretariat of the Board.
SEC. 13. Secretariat of the Board. — The Board shall be assisted by a Secretariat which may come from the existing personnel of the CHR, without prejudice to the hiring of additional personnel as determined by the Board to accommodate the volume of required work. The following shall be the functions of the Secretariat:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
(b) Recommend to the Board the approval of applications for claims;
(c) Assist the Board in technical functions; and
(d) Perform other duties that may be assigned by the Board.
The Chairperson of the Board shall appoint a Board Secretary who shall head the Secretariat for the duration of the existence of the Board. There shall be a Technical Staff Head assisted by five (5) Legal Officers and three (3) Paralegal Officers; and an Administrative Staff Head assisted by three (3) Administrative Support Staff.
When necessary, the Board may hire additional contractual employees or contract a service provider to provide services of counselors, psychologists, social workers and public education specialists, among others, to augment the services of the Secretariat: Provided, That the maximum contract amount per year shall not exceed more than fifteen percent (15%) of the total annual operating budget of the Board.
Operating Budget of the Board.
SEC. 14. Operating Budget of the Board.— The operating budget of the Board shall be funded from the Ten billion peso {P10,000,000,000.00) fund, with Ten million pesos (P10,000,000.00) as its initial operating budget: Provided, That it shall not exceed Fifty million pesos (P50,000,000.00) a year
Proper Disposition of Funds.
SEC. 15. Proper Disposition of Funds.— The Board shall ensure that funds appropriated or those which may become available as reparation for HRVVs are properly disbursed in accordance with the policies stated by Congress and relevant government rules, regulations and accounting procedures.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
