1. REPUBLIC ACT  "Human Rights Victims Reparation and Recognition Act of 2013″.

NO. 10368  An act providing for reparation and recognition of victims of human rights violations
during the marcos regime

 Definition of Terms:

(a) Detention refers to the act of taking a person into custody against his will by persons
acting in an official capacity and/or agents of the State.

(b) Human rights violation refers to any act or omission committed during the period from
September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or
agents of the State

Human Rights Violations Victim (HRVV) refers to a person whose human rights were
violated by persons acting in an official capacity and/or agents of the State as defined
herein.

The human rights violation must have been committed during the period from September
21, 1972 to February 25, 1986.

The victims of human rights violations that were committed one (1) month before
September 21, 1972 and one (1) month after February 25, 1986 shall be entitled to
reparation, under this Act if they can establish that the violation was committed:

(1) By agents of the State and/or persons acting in an official capacity

as defined hereunder;

(2) For the purpose of preserving, maintaining, supporting or

promoting the said regime; or

(3) To conceal abuses during the Marcos regime and/or the effects of
Martial Law.

 Entitlement to Monetary Reparation. — Any HRVV qualified under this Act shall receive
reparation from the State, free of tax,
- for a deceased or involuntary disappeared HRVV, the legal heirs as provided for in the
Civil Code of the Philippines, or such other person named by the executor or
administrator of the deceased or involuntary disappeared HRVV’s estate in that
order, shall be entitled to receive such reparation

- no special power of attorney shall be recognized in the actual disbursement of the

award, and only the victim or the aforestated successor(s)-in-interest shall be
entitled to personally receive said reparation form the Board, unless the victim
involved is shown to be incapacitated to the satisfaction of the Board:

- the reparation received under this Act shall be without prejudice to the receipt of
any other sum by the HRVV from any other person or entity in any case involving
violations of human rights as defined in this Act.

 Source of Reparation. — The amount of Ten billion pesos (P10,000,000,000.00) plus

accrued interest which form part of the funds transferred to the government of the
Republic of the Philippines by virtue of the December 10, 1997 Order of the Swiss Federal
Supreme Court.

THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD

 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.

CLAIMANTS, REPARATION AND RECOGNITION

 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.
 Conclusive Presumption That One is an HRVV:
- 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,

- That the HRVVs recognized by the Bantayog Ng Mga Bayani Foundation

o Motu Proprio Recognition. — The Board may take judicial notice motu proprio of individual
persons who suffered human rights violations

o Section 19. Determination of Award. — (a) The Board shall follow the point system in the
determination of the award.

(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.

o Section 23. Period for Filing of Claims; Waiver. — An HRVV shall file an application for
reparation with the Board within six (6) months from the effectivity of the implementing
rules and regulations (IRR) of this Act:

Effect of failure to file: deemed a waiver of the right to file the same: Provided, further, That for
HRVVs who are deceased, incapacitated, or missing due to enforced disappearance, their legal
heir/s or representatives, shall be entitled to file an application for reparation on their behalf.

Any opposition to the new application/s pursuant to Section 16 hereof shall only be entertained if
such is filed within fifteen (15) days from the date of the last publication of the official list of eligible
claimants as may be determined by the Board.

o Section 24 Appeal. — Any aggrieved claimant or oppositor may file an appeal within ten
(10) calendar days from the receipt of the Resolution of the Division, to the Board en
banc, whose decision shall then become final and executory.

o Section 25. Penalties; Applicability of the Revised Penal Code. — Any claimant who is
found by the Board, after due hearing, to have filed a fraudulent claim, shall be referred
to the appropriate office for prosecution.

o Penalty:
 1. imprisonment of eight (8) to ten (10) years
2. shall be disqualified from public office and employment and
3. shall be deprived of the right to vote and be voted for in any national or local
election, even after the service of sentence unless granted absolute pardon.

2. PRESIDENTIAL o THE CHILD AND YOUTH WELFARE CODE

DECREE No. o Scope: It shall apply to persons below twenty-one years of age except those emancipated
603 in accordance with law. "Child" or "minor" or "youth" as used in this Code, shall refer to
such persons.
o Rights of the Child. - All children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents,
and other factors.

(1) Every child is endowed with the dignity and worth of a human being from the
moment of his conception, as generally accepted in medical parlance, and has,
therefore, the right to be born well.

(2) Every child has the right to a wholesome family life that will provide him with
love, care and understanding, guidance and counseling, and moral and material
security.

The dependent or abandoned child shall be provided with the nearest substitute
for a home.

(3) Every child has the right to a well-rounded development of his personality to
the end that he may become a happy, useful and active member of society.

The gifted child shall be given opportunity and encouragement to develop his
special talents.

The emotionally disturbed or socially maladjusted child shall be treated with

sympathy and understanding, and shall be entitled to treatment and competent
care.

The physically or mentally handicapped child shall be given the treatment,

education and care required by his particular condition.

(4) Every child has the right to a balanced diet, adequate clothing, sufficient
shelter, proper medical attention, and all the basic physical requirements of a
healthy and vigorous life.

(5) Every child has the right to be brought up in an atmosphere of morality and
rectitude for the enrichment and the strengthening of his character.

(6) Every child has the right to an education commensurate with his abilities and
to the development of his skills for the improvement of his capacity for service
to himself and to his fellowmen.

(7) Every child has the right to full opportunities for safe and wholesome
recreation and activities, individual as well as social, for the wholesome use of
his leisure hours.

(8) Every child has the right to protection against exploitation, improper
influences, hazards, and other conditions or circumstances prejudicial to his
 physical, mental, emotional, social and moral development.

(9) Every child has the right to live in a community and a society that can offer
him an environment free from pernicious influences and conducive to the
promotion of his health and the cultivation of his desirable traits and attributes.

(10) Every child has the right to the care, assistance, and protection of the State,
particularly when his parents or guardians fail or are unable to provide him with
his fundamental needs for growth, development, and improvement.

(11) Every child has the right to an efficient and honest government that will
deepen his faith in democracy and inspire him with the morality of the
constituted authorities both in their public and private lives.

(12) Every child has the right to grow up as a free individual, in an atmosphere of
peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world

o Commencement of Civil Personality. - The civil personality of the child shall commence
from the time of his conception, for all purposes favorable to him, subject to the
requirements of Article 41 of the Civil Code.
o "Parents" as here used shall include the guardian and the head of the institution or foster
home which has custody of the child

Working Children

o Employment of Children Below
which is not harmful to their
prejudicial to their studies.
o The provisions of the Labor
employment of children are
inconsistent herewith.
Sixteen Years. - may be employed to perform light work
safety, health or normal development and which is not
Code relating to employable age and conditions of
hereby adopted as part of this Code insofar as not

o Duty of Employer to Submit Report. to the Department of Labor a report of all children
employed by him.

o Register of Children. - Every employer in any commercial, industrial or agricultural

establishment or enterprise shall keep:

1. A register of all children employed by him, indicating the dates of their birth;

xxx

o Education of Children Employed as Domestics. - If a domestic is under sixteen years of age,

the head of the family shall give him an opportunity to complete at least elementary
education as required under Article 71. The cost of such education shall be a part of the
domestic's compensation unless there is a stipulation to the contrary.

SPECIAL CATEGORIES OF CHILDREN

o A dependent child is one who is without a parent, guardian or custodian; or one whose
parents, guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.

o An abandoned child is one who has no proper parental care or guardianship, or whose
 parents or guardians have deserted him for a period of at least six continuous months.

o A neglected child is one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways:

(a) There is a physical neglect when the child is malnourished, ill clad
and without proper shelter.

(b) A child is unattended when left by himself without provisions for

his needs and/or without proper supervision.

(c) Emotional neglect exists: when children are maltreated, raped or

seduced; when children are exploited, overworked or made to work
under conditions not conducive to good health; or are made to beg in
the streets or public places, or when children are in moral danger, or
exposed to gambling, prostitution and other vices.

o Commitment or surrender of a child is the legal act of entrusting a child to the care of the
Department of Social Welfare or any duly licensed child placement agency or individual.

Thru:

(a) Involuntary commitment,.

(b) Voluntary commitment

o Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that
is, socially inadequate and occupationally incompetent and unable to manage their own
affairs; (2) mentally subnormal; (3) retarded intellectually from birth or early age; (4)
retarded at maturity; (5) mentally deficient as a result of constitutional origin, through
hereditary or disease, and (6) essentially incurable.
o General Penalty. - Violations of any provisions of this Code for which no penalty is
specifically provided shall be punished by imprisonment not exceeding one month or a
fine not exceeding two hundred pesos, or both such fine and imprisonment at the
discretion of the court, unless a higher penalty is provided for in the Revised Penal Code or
special laws.
NOTE: It is important to note that before Presidential Decree 603 was amended to Republic Act
9344 some provisions of the PD 603 were amended. PD 12101 amended some of the provisions of
PD No. 603 because it was deficient or ambiguous.
3. Republic Act o AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST
No. CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
7610 o Special Protection of Children Against Abuse, Exploitation and Discrimination Act."
o June 17, 1992
o Definition:
- Child abuse" refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans

the intrinsic worth and dignity of a child as a human being;
 (3) Unreasonable deprivation of his basic needs for survival, such as
food and shelter; or

(4) Failure to immediately give medical treatment to an injured child

resulting in serious impairment of his growth and development or in
his permanent incapacity or death.

o "Children" refers to person below eighteen (18) years of age or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition.
o Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for
money, profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse

o The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution

(b) Those who commit the act of sexual intercourse of lascivious conduct with a
child exploited in prostitution or subject to other sexual abuse; Provided, That
when the victims is under twelve (12) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the
case may be: Provided, That the penalty for lascivious conduct when the victim
is under twelve (12) years of age shall be reclusion temporal in its medium
period; and

(c) Those who derive profit or advantage therefrom, whether as manager or

owner of the establishment where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or establishment

o Attempt To Commit Child Prostitution

Penalty: A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the attempt to
commit the crime of child prostitution under this Act, or, in the proper case, under the
Revised Penal Code.

o Child Trafficking. – Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any
other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion
perpetua.

PENALTY: shall be imposed in its maximum period when the victim is under twelve (12)
years of age.
o Attempt to Commit Child Trafficking.
Penalty: A penalty lower two (2) degrees than that prescribed for the consummated
felony under Section 7 hereof shall be imposed upon the principals of the attempt to
commit child trafficking under this Act.

o Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows,
whether live or in video, or model in obscene publications or pornographic materials or to
sell or distribute the said materials
Penalty: shall suffer the penalty of prision mayor in its medium period.
 o If the child used as a performer, subject or seller/distributor is below twelve (12) years of
age
Penalty: shall be imposed in its maximum period.

o Any ascendant, guardian, or person entrusted in any capacity with the care of a child who
shall cause and/or allow such child to be employed or to participate in an obscene play,
scene, act, movie or show or in any other acts covered by this section shall suffer the
Penalty: of prision mayor in its medium period.

o Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to
the Child's Development.

4. Republic Act o March 08, 2004

No. 9262 o AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES
o Anti-Violence Against Women and Their Children Act of 2004"
o PURPOSE

It is hereby declared that the State values the dignity of women and children and
guarantees full respect for human rights

To protect the family and its members particularly women and children, from violence and
threats to their personal safety and security
DEFINITION OF TERMS
o VIOLENCE AGAINST WOMEN AND THEIR CHILDREN – any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom he
has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the following acts:
xxx

o PHYSICAL VIOLENCE – acts that include bodily or physical harm

SEXUAL VIOLENCE – an act which is sexual in nature, committed against a woman or her
child, including but not limited to:

1.rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent
shows or forcing the woman or her child to do indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in the conjugal home or sleep together in the
same room with the abuser;

2.acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

3.Prostituting the woman or child.

o PSYCHOLOGICAL VIOLENCE - acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
 mental infidelity. It includes causing or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children

o ECONOMIC ABUSE - acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:

1.withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the
Family Code;
2.deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
3.destroying household property;
4.controlling the victims' own money or properties or solely controlling the conjugal
money or properties.

BATTERY - an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

BATTERED WOMAN SYNDROME - scientifically defined pattern of psychological and

behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

STALKING - an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.

DATING RELATIONSHIP - a situation wherein the parties live as husband and wife without
the benefit of marriage or are romantically involved over time and on a continuing basis
during the course of the relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not adating relationship.

SEXUAL RELATIONS - a single sexual act which may or may not result in the bearing of a
common child

ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (Sec. 5)

The crime of violence against women and their children is committed through any of the
following acts:

1.Causing physical harm to the woman or her child;

2.Threatening to cause the woman or her child physical harm;
3.Attempting to cause the woman or her child physical harm;
4.Placing the woman or her child in fear of imminent physical harm;
5.Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct which the
woman or her child has the right to engage in, or attempting to restrict or restricting the
woman's or her child's freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical or other harm, or intimidation directed against
the woman or child. This shall include, but not limited to, the following acts committed
with the purpose or effect of controlling or restricting the woman's or her child's
movement or conduct:

VENUE (Sec. 7)
RTC designated as Family Court (EOJ)

V. RELIEFS/REMEDIES

A. PROTECTION ORDER (Sec. 8)

A protection order is an order issued under this act for the purpose of preventing further
acts of violence against a woman or her child specified in Section 5 of this Act and granting
other necessary relief.

KINDS:

1.Barangay protection order (BPO) (Sec. 14) – issued by the Punong Barangay ordering the
perpetrator to desist from committing acts under Sec. 5 (a) and (b) of this Act
2.Temporary protection order (TPO) (Sec. 15) – issued by the court on the date of filing of
the application after ex parte determination that such order should be issued; effective for
30 days
3.Permanent Protection order (PPO) (Sec. 16) – issued by the court after notice and
hearing

B. WHO MAY FILE PETITION FOR PROTECTION ORDER (Sec. 9)

1.Offended party
2.Parents or guardians of offended party
3.Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity
4.Officers or social workers of the DSWD or social workers of LGUs
5.Police officers, preferably those in charge of women and children’s desks
6.Punong barangay or Barangay Kagawad
7.Lawyer, counsellor, therapist or healthcare provider of the petitioner
8.At least 2 concerned responsible citizens of the city or municipality where the violence
against women and their children occurred and who has personal knowledge of the
offense committed

C. WHERE TO APPLY FOR PROTECTION ORDER (Sec. 10)

•BPO – Rules on venue under Sec. 409 of LGC

•TPO/PPO – Family Court, or if none, RTC, MTC, MeTC, MCTC with territorial jurisdiction
over the place of residence of petitioner

D. HOW TO APPLY FOR PROTECTION ORDER (Sec. 11)

1.Accomplish a standard protection order application form, signed and verified under oath
by applicant
2.Filed as an independent action or as incidental relief
3.If applicant is not the victim, application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When
disclosure of the address of the victim will pose danger to her life, it shall be so stated in
the application. In such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall provide a mailing
address for purpose of service processing.
VI. BATTERED WOMAN SYNDROME AS A DEFENSE (Sec. 26)

Victim-survivors who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil liability notwithstanding the absence of any
of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered
woman syndrome at the time of the commission of the crime, the courts shall be assisted
by expert psychiatrists/ psychologists.

A victim who is suffering from battered woman syndrome shall not be disqualified from
having custody of her children. In no case shall custody of minor children be given to the
perpetrator of a woman who is suffering from Battered woman syndrome