SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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{!?Ih:,- or lilt' ~:',n rt~H~ 
First Regular Session 
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) 
) 
'13 
SEP 11 
P2 :29 
SENATE 
Senate Bill No. 16 3 0 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Filipinos are among the world's foremost heroes and advocates of 
freedom. To demonstrate and exemplify that avid regard and concern for human 
rights, the 1987 Constitution under Section 11 of Article 11 declares "the State 
values the dignity of every human person and guarantees full respect for human 
rights". Consistent with this declared policy, it supports under Section 12 of 
Article III the "compensation to and rehabilitation of victims of torture of similar 
practices and their families." 
Military, police and other law enforcement agencies' operation to suppress 
rebellion or to pursue and apprehend criminal elements, no matter how 
cautiously conducted, invariably causes damages upon innocent civilians and 
non-combatants. Unfortunately, there is no existing government mechanism that 
compensate for these damages that come in the form of physical and 
psychological injuries, death and destruction of properties. Hence, the proposed 
measure seeks to fill in this void in order to prove to the citizenry that the 
government means them no harm, and that such damages are inevitable 
consequences ·of the government's duty to defend itself and protect its people. 
Critics may argue that indemnification of this kind should only be practiced 
by rich countries and not by cash-strapped Third World countries such as the 
Philippines. This argument is wrong. As justice is universal, rectifying injustices 
must be universal too, exempting no one - not even on account of poverty. 
The immediate passage of this bill is therefore earnestly solicited. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 163 0 
'13 
SEP 11 P 2 :29 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR REASONABLE COMPENSATION AND BENEFITS FOR 
THE LOSS OF. LIVES, INJURIES AND DAMAGES TO PROPERTY SUFFERED 
BY NON·COMBATANT INDIVIDUALS IN THE COURSE OF OPERATIONS BY 
THE MILITARY, POLICE ANDIOR OTHER LAW ENFORCEMENT AGENCIES 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Dec/aration of Policy. - It shall be the policy of the State to 
provide compensation to and rehabilitation of non-combatant individuals and their 
families caught in the crossfire of operations by the military, police and/or other 
law enforcement agencies. 
SEC 2. Definition of Terms .• Thefollowing term, as defined accordingly, 
shall be used in this Act: 
Non·Combatant victims shall be those individuals who have not directly 
or actually participated in an armed confrontation or those persons who have not 
directly or indirectly caused the encounter involving the military, police, and/or 
other law enforcement agencies. Civilian officials and personnel of the 
government of the Philippines who have not directly or actually participated in the 
aforementioned armed confrontation shall be deemed included in the term non· 
combatant individuals. 
SEC 
3. 
The 
Board of Compensation 
and 
Rehabilitation: 
Compositions, Powers and Functions. . There is hereby created a Board of 
Compensation and Rehabilitation under the Commission on Human Rights, 
herein referred to as the Board, to be composed of one (1) chairman to be 
appointed by the Chair of the Commission and four (4) members representing 
the Department of Social Welfare and Development, the Department of National 
Defense, the Department of Interior and Local Government and the human rights 
non-governmental organizations and people's organizations. The Board shall 
have the following powers and functions: 
a) 
To receive, evaluate, process and investigate applications for 
claims under this Act: 


b) 
To conduct an independent administrative hearing and resolve 
applications for claims, grant or deny the same; and, 
c) 
To deputize appropriate government agencies in order to effectively 
implement its functions. 
SEC. 4. 
Compensation and Rehabilitation of Non-Combatant 
Victims.-
The law enforcement agencies conducting the operation, the 
Department of Social Welfare and Development, the Department of Health, the 
corresponding government hospitals and the local government unit concerned 
shall provide immediate relief to non-combatant individuals who are victims of the 
military, police and/or other law enforcement agencies. However, whatever 
amount a particular government unit might shell out to fulfill the intent of this Act 
shall be reimbursed by the Board. 
The Board, upon favorable resolution of the claims, shall award the 
following: 
a) 
Where death of a non-combatant individual occurs in the course of 
an operation conducted by the military, police and/or other law 
enforcement agencies, the amount of Fifty Thousand Pesos 
(P50,OOO.OO) shall be granted to the legal heirs of the victim by way 
of a death benefit; 
b) 
Where physical, emotional and/or psychological injury is caused to 
a non-combatant individual and/or other law enforcement agencies, 
the Board shall pay the victim the cost of hospitalization and other 
related and consequential damages resulting from such injury; and, 
c) 
Where loss of or damage to property of a non-combatant individual 
is caused in the course of an operation conducted by the military, 
pOlice and/or other law enforcement agencies, the Board shall pay 
the amount corresponding to the assessed value of the property 
lost or destroyed or the amount mutually agreed upon by the 
parties. 
SEC. 5. Unlawful Operations.- An Operation by the military, police and/or 
other law enforcement agencies shall be deemed unlawful when it is conducted 
in such a way that there is absolutely no justification for its undertaking or it is a 
clear violation of the Constitution, existing laws and basic human rights of the 
people in the community. Simulated encounter by the military, police and/or other 
law enforcement agencies shall also be considered unlawful under this Act. 
SEC. 6. Liability of Concerned Law Enforcement Agency. - Where the 
operation conducted by the military, police and/or other law enforcement 
agencies falls under Section 5 of this Act, the concerned military, police and/or 
other law enforcement agency shall pay jointly and severally the compensation 
awarded by the Board. 
The commanding officers, as well as all elements of the military, police 
and/or other· law .enforcement agencies who actually and directly participated in 
an unlawful operation shall be criminally prosecuted and charged with before a 
competent court, and shall be punished with imprisonment of six (6) years to 
twelve (12) years. 


SEC. 7. Appropriation. - Such amount as may be necessary for the 
implementation of this Act shall be included in the budgets of the Commission on 
Human Rights, the Department of Social Welfare and Development, the 
Department of National Defense, the Department of Interior and Local 
Government, the Department of Health, and other concerned government 
agencies in the General Appropriations Act of the year following its enactment 
into law and every year thereafter. 
SEC. 8. Implementing Rules and Regulations - The Commission on 
Human Rights, in consultation, coordination and collaboration with the 
Department of Social Welfare and Development, the Department of National 
Defense, the Department of Interior and Local Government, and human rights 
non-governmental organizations and people's organizations, shall prepare the 
implementing rules and regulations necessary to carry out the provisions of this 
Act. 
SEC. 9. Separability Clause . • All laws, presidential decrees, executive 
orders, rules and regulations or any part thereof, which are inconsistent herewith 
are deemed repealed or modified acoordingly. 
SEC. 10 . Effectivity C/ause.- This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of national circulation. 
Approved,