Claimants.
Section 16
SEC. 16. Claimants. — Any person who is an HRVV may file a claim with the Board for reparation and/or recognition in accordance with the provisions of this Act.
RA 10368 CHAPTER III
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Conclusive Presumption That One is an HRVV Under This Act.
Section 17
Sec. 17. Conclusive Presumption That One is an HRVV Under This Act. — The claimants in the class suit and direct action plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand E. Marcos (MDL No. 840, CA No. 88-0390) in the US Federal District Court of Honolulu, Hawaii wherein a favorable judgment has been rendered, shall be extended the conclusive presumption that they are HRVVs: Provided, That the HRVVs recognized by the Bantayog Ng Mga Bayani Foundation shall also be accorded the same conclusive presumption: Provided, further, That nothing herein shall be construed to deprive the Board of its original jurisdiction and its inherent power to determine the extent of the human rights violations and the corresponding reparation and/or recognition that may be granted.
Motu Proprio Recognition.
Section 18
SEC. 18. Motu Proprio Recognition. — The Board may take judicial notice motu proprio of individual persons who suffered human rights violations as defined herein and grant such persons recognition as HRVVs and included in the Roll of Victims as provided for in Section 26 hereof.
Determination of Award.
Section 19
SEC. 19. Determination of Award. — (a) The Board shall follow the point system in the determination of the award. The range shall be one (1) to ten (10) points, as follows: (1) Victims who died or who disappeared and are still missing shall be given ten (10) points; (2) Victims who were tortured and/or raped or sexually abused shall he given six (6) to nine (9) points: (3) Victims who were detained shall be given three (3) to five (5) points; and (4) Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6) under this Act shall be given one (1) to two (2) points. The Board shall exercise its powers with due discretion in the determination of points for each victim, which shall be based on the type of violation committed against the HRVV, frequently and duration of the violation. In each category, HRVVs who had suffered more would receive more points. In instances where a victim is classified in more than one category, one shall be awarded the points in the higher category: Provided, That in cases where there are several eligible claims filed for reparation by or on behalf of a particular HRVV, the Board shall award only one (1) valid claim which corresponds to the category obtaining the highest number of points for each eligible claimant. (b) The Board shall proceed to determine the award for each claimant classified under Sections 16, 17 and 18 of this Act. (c) The Board shall then compute the final monetary value of one’s award that is equivalent to the numerical value of one point multiplied by the number of points that a claimant is entitled to, as previously determined by the Board. (d) Within thirty (30) days after the Board has approved with finality each eligible claim pending before it and after due publication of such legitimate claim, the award of monetary compensation shall take effect: Provided., That any pending appeal filed by an aggrieved claimant or opposite before the Board en banc must resolved by it sixty (60) days before the Board becomes functus officio.
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Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).