Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 4268 
Introduced by Representatives Ferdinand Martin G. Romualdez, Yedda 
Marie K. Romualdez, Andrew Julian K. Romualdez and Jude A. Acidre 
AN ACT 
PROTECTING 
THE 
RIGHTS 
OF 
INTERNALLY 
DISPLACED 
PERSONS AND PENALIZING THE ACTS OF ARBITRARY INTERNAL 
DISPLACEMENT 
EXPLANATORY NOTE 
Internal displacement remains one of the most urgent humanitarian and 
human rights concerns in the Philippines. Armed conflict, generalized violence, 
clan wars, human rights violations, development-induced displacements, and 
natural or human-made disasters have repeatedly forced individuals and 
communities to flee their homes and seek refuge elsewhere within the country. In 
many cases, internally displaced persons (IDPs) suffer from protracted insecurity, 
loss of livelihood, social disintegration, and inadequate access to essential 
services. These conditions often persist in the absence of a dedicated legal 
framework that comprehensively safeguards their rights and ensures coordinated 
protection and assistance. 
This bill seeks to establish a clear, human rights-based legal foundation for 
the promotion and protection of the rights of internally displaced persons in the 
Philippines. It affirms the duty of the State to prevent arbitrary displacement, to 
respond effectively when displacement occurs, and to support IDPs in rebuilding 
their lives with dignity and security. The measure recognizes that the plight of 
IDPs arises not only from armed conflict but also from broader causes such as 
clan feuds, human rights abuses, large-scale development projects, and both 
September 1, 2025
3:49 pm


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natural and human-induced disasters. The bill underscores that protection and 
assistance must be extended to all affected individuals without discrimination. 
Furthermore, this bill is grounded in the principles of international 
humanitarian law, international human rights law, international customary law, 
and relevant domestic legal standards. It gives particular attention to the rights of 
non-combatants and other vulnerable groups during armed conflict, consistent 
with the country’s obligations under international law. By institutionalizing these 
protections, the bill aims to address long-standing gaps in policy and response 
mechanisms, and to ensure that internally displaced persons are not only 
recognized but also empowered to recover and participate meaningfully in 
national life. 
In view of the foregoing, approval of this bill is earnestly requested. 
FERDINAND MARTIN G. ROMUALDEZ 
YEDDA MARIE K. ROMUALDEZ 
ANDREW JULIAN K. ROMUALDEZ 
JUDE A. ACIDRE 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Twentieth Congress 
First Regular Session 
HOUSE BILL NO. 4268 
Introduced by Representatives Ferdinand Martin G. Romualdez, Yedda 
Marie K. Romualdez, Andrew Julian K. Romualdez and Jude A. Acidre 
AN ACT 
PROTECTING 
THE 
RIGHTS 
OF 
INTERNALLY 
DISPLACED 
PERSONS AND PENALIZING THE ACTS OF ARBITRARY INTERNAL 
DISPLACEMENT 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress  assembled: 
CHAPTER 1 
GENERAL PROVISIONS 
SECTION 1. Short Title. – This Act shall be known as the “Rights of Internally 
Displaced Persons Act.” 
SEC. 2. Declaration of Principles and State Policies. – Consistent with the 
principles enshrined in the 1987 Constitution, the standards set by the 
International Humanitarian Law (IHL) and human rights laws, international 
treaties and conventions adhered to by the Philippines, and international 
customary law, including the United Nations’ Guiding Principles on Internal 
Displacement (UNGPID), and other humanitarian standards, it is hereby declared 


2 
 
a State policy to adopt a human rights-based approach for the promotion and 
protection of the rights of internally displaced persons (IDPs) in situations of 
armed conflict, generalized and/or organized violence, clan wars, violations of 
human rights, implementation of development projects, natural, human-induced 
and human-made hazards. 
 
 
When armed conflict of a non-international character is inevitable, the 
State shall ensure the promotion and protection of the rights of the citizens who 
are non-combatants and who shall enjoy in full equality, the same rights and 
freedom under international and domestic law as do other persons in the country. 
These citizens shall not be discriminated against in the enjoyment of any rights 
and freedoms on the ground that they are internally displaced. 
 
The State shall likewise ensure that the IDPs shall be protected from any 
form of discrimination or persecution and shall prioritize their rehabilitation and 
reintegration to society. 
 
SEC. 3. Definition of Terms. – As used in this Act: 
 
(a) Apartheid refers to inhumane acts committed in the context of an 
institutionalized regime of systematic oppression and domination by 
one (1) racial group or groups and committed with the intention of 
maintaining that regime; 
 
(b) Arbitrary Internal Displacement refers to an act of displacement or any 
other coercive act committed by any person or group/s of persons and 
directed against the civilian population, which is contrary to law, good 
morals, public order, or public policy, or committed with abuse of 


3 
 
authority, oppressive or wanton disregard of the right to life, liberty or 
property and abode of the residents, whether permanent or temporary, 
of an area in which they are lawfully present, which causes 
displacement and characterized by those situations as defined under 
Section 8 of this Act; 
 
(c) Armed Conflict refers to any use of force or armed violence between 
States or protracted armed violence between governmental authorities 
and organized armed groups or between such groups within that State: 
Provided, That such force or armed violence gives rise, or may give 
rise, to a situation to which the Geneva Conventions of 12 August 
1949, including their common Article 3, apply. 
 
Armed conflict may be international, that is, between two (2) or more 
States, including belligerent occupation; or non-international, that is, 
between governmental authorities and organized armed groups or 
between such groups within a State. It does not cover internal 
disturbances or tensions such as riots, isolated and sporadic acts of 
violence, or other acts of a similar nature; 
 
(d) Children refer to persons 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; 
 
(e) Conflict-affected Areas refer to communities where (a) there are actual 
armed encounters between the government forces and political armed 
groups, or (b) where political armed groups dominate the state of 


4 
 
affairs of the community, or (c) where other forms of violent conflicts 
exist; 
 
(f) Conflict-vulnerable Areas refer to communities that are proximate to 
conflict-affected areas, where possible side-stepping of armed group 
or groups is imminent. It can also include geographically isolated and 
disadvantaged areas (GIDA) whose resources, actual or symbolic, are 
deemed valuable by the political armed group; 
 
(g) Clan War refers to any conflict characterized by sporadic outbursts of 
retaliatory violence between and among families, kinship groups, and 
communities; 
 
(h) Durable Solution refers to a situation where the internally displaced 
persons no longer have any specific assistance and protection needs 
that are linked to their displacement and can enjoy their human rights 
without discrimination on account of their displacement: Provided, 
That durable solutions are always understood to be determined upon 
consultation with the internally displaced persons and communities as 
well as the groups and individuals assisting them; 
 
(i) Enforced Disappearance refers to the arrest, detention, abduction or 
any other form of deprivation of liberty committed by agents of the 
State or by persons or groups of persons acting with the authorization, 
support or acquiescence of the State, followed by a refusal to 
acknowledge the deprivation of liberty or by concealment of the fate 
or whereabouts of the disappeared person, which places such person 
outside the protection of the law; 


5 
 
 
(j) Ethnic Cleansing refers to an act of one ethnic or religious group to 
remove the civilian population of another ethnic or religious group 
from a certain geographic area by using force, threat, or intimidation, 
or deception to a person or groups of peoples in areas ethnically 
homogenous, such as Indigenous Cultural Communities/Indigenous 
Peoples (ICCs/IPs), or religious groups to be removed from a given 
area, their place of abode or territories that they have occupied since 
time immemorial; 
 
(k) Generalized and/or Organized Violence refers to the purposeful and 
systematic use of terror and brutality to control individuals, groups and 
communities, using overwhelming force, and is characterized by 
widespread, massive, or sufficient intensity, causing arbitrary internal 
displacement of persons or communities. Its methods include causing 
severe pain and suffering, killing, intimidating, threatening and, in 
some cases, destroying a community, ethnic group or political 
opposition; 
 
(l) Imperative Military Necessity refers to the principle of military 
necessity in International Humanitarian Law, which permits measures 
that are actually necessary to accomplish a legitimate military purpose 
and are not otherwise prohibited in international humanitarian law; 
 
(m) Implementation of Development Projects refers to the carrying out of 
any undertaking or activity aimed at economic, social, or political 
growth, advancement, and expansion that results or may result in the 
arbitrary internal displacement of persons: Provided, That the term 


6 
 
does not include projects that have undergone consultation with and 
secured the consent of the affected communities and those that are 
legitimate 
resettlement 
schemes 
and/or 
programs, 
including 
expropriation of property by the government. 
 
Reference to the Kampala Convention shall serve as guide in the 
State’s obligations in development projects, which states that: 
 
(1) States Parties, as much as possible, shall prevent displacement 
caused by projects carried out by public or private actors; 
 
(2) States Parties shall ensure that the stakeholders concerned will 
explore feasible alternatives, with full information and consultation 
of persons likely to be displaced by projects; and 
 
(3) States Parties shall carry out a socioeconomic and environmental 
impact assessment of a proposed development project prior to 
undertaking such a project; 
 
(n) Internal Displacement refers to the involuntary movement or forced 
evacuation or expulsion of any person or group of persons who flee or 
leave their homes or places of habitual residence, within the national 
borders, as a result of or in order to avoid or minimize the effects of 
armed conflict, situations of generalized and/or organized violence, 
violations of human rights, implementation of development projects, 
natural, human-induced and human-made hazards; 
 


7 
 
(o) Internally Displaced Person (IDP) refers to any person or group of 
persons who has or have been forced or obliged to flee or to leave their 
homes or places of habitual residence within the national borders and 
who have not crossed an internationally recognized State border, as a 
result of, or in order to avoid or minimize the effects of armed conflict, 
situations or generalized and/or organized violence, violations of 
human rights, implementation of development projects, clan wars, 
natural, human-induced and human-made hazards; 
 
(p) Order of Battle refers to any document made by the military, police or 
any law enforcement agency of the government, listing the names of 
persons and organizations that are perceived to be enemies of the State 
and are considered as legitimate targets as combatants that it could deal 
with, through the use of means allowed by domestic and international 
law; 
 
(q) Sexual Abuse means the actual or threatened physical intrusion of a 
sexual nature, whether by force or under unequal or coercive 
conditions; 
 
(r) Sexual Exploitation means any actual or attempted abuse of a position 
of vulnerability, differential power, or trust, for sexual purposes, 
including, but not limited to, profiting monetarily, socially, or 
politically from the sexual exploitation of another; and 
 
(s) Vulnerable and Marginalized Groups refer to those that face higher 
exposure to disaster risk and poverty including, but not limited to, 


8 
 
women, children, youth, elderly, persons with disabilities (PWDs) and 
ICCs/IPs. 
 
SEC. 4. Scope. – This Act shall primarily provide for the protection of rights of 
IDPs during and after displacement, as well as their safe, voluntary, and dignified 
return, local integration, or resettlement elsewhere in the country. This Act shall 
likewise cover arbitrary internal displacement of civilians as a result of or in order 
to avoid the effects of armed conflict, situations of generalized and/or organized 
violence, violations of human rights, implementation of development projects, 
natural, human-induced, and human-made hazards. 
 
This Act covers relevant domestic laws, such as Republic Act No. 11188 
or the “Special Protection of Children in Situations of Armed Conflict Act”; 
Republic Act No. 8371 or “The Indigenous Peoples’ Rights Act of 1997”; 
Republic Act No. 9851 or the “Philippine Act on Crimes Against International 
Humanitarian Law, Genocide, and Other Crimes Against Humanity”; and 
Republic Act No. 10821 or the “Children’s Emergency Relief and Protection 
Act”, among others. 
 
To address the risks involved in natural hazards and the overall impact of 
climate change and global warming on the rights of those who are internally 
displaced, due reference shall be made to the pertinent provisions of Republic Act 
No. 9729 or the “Climate Change Act of 2009”; Republic Act No. 10121 or the 
“Philippine Disaster Risk Reduction and Management Act of 2010”; Republic 
Act No. 10821 or the “Children’s Emergency Relief and Protection Act”; 
Republic Act No. 11188 or the “Special Protection of Children in Situations of 
Armed Conflict Act”, and other relevant laws. 
 


9 
 
SEC. 5. Primary Duty to Protect the IDPs. – The State has the primary duty and 
responsibility to provide protection and humanitarian assistance to IDPs. As such, 
State authorities, including local government units (LGUs) and parties to an 
armed conflict, irrespective of their legal status and applied without any adverse 
distinction, shall respect and ensure compliance with their obligations under 
international law, including IHL, human rights laws, and other relevant domestic 
laws, so as to prevent and avoid conditions that might lead to the arbitrary internal 
displacement of persons. 
 
SEC. 6. Protection of Rights of IDPs During and After Displacement. – IDPs 
shall enjoy, in full equality, the same rights and freedoms under international and 
domestic law as do other persons in the Philippines. They shall not be 
discriminated against in the enjoyment of any rights and freedoms on the ground 
that they are internally displaced, or on any grounds such as race, color, sex, 
language, religion or belief, political or other opinion, national, ethnic or social 
origin, legal or social status, age disability, property, birth, or on any other similar 
criteria. 
 
 
The following rights of IDPs shall be protected and upheld during and after 
their displacement whether found inside or outside evacuation centers: 
 
(a) Provision and Access to Basic Necessities. – At the minimum, 
regardless of the circumstances, and without discrimination, the 
national and local governments shall provide IDPs with and ensure safe 
access to: 
 
(1) Essential and adequate food and nutrition; 
 


10 
 
(2) Water sanitation, hygiene facilities, including menstrual hygiene 
management requirements, and potable water; 
 
(3) Dignified, adequate, and safe shelter and housing in accordance 
with international and domestic standards; 
 
(4) Legal assistance such as, but not limited to, legal advice and 
documentation; 
 
(5) Appropriate clothing; 
 
(6) Essential medical and dental services and sanitation, including 
psychological and social services, and essential drugs and 
medicines; 
 
(7) Other humanitarian needs, including support to persons with 
specific needs, mother-child-friendly facilities to include, but not 
limited to, breastfeeding stations, temporary learning places, 
place of worship; 
 
(8) Due consideration in the processing of permits in the use of 
parcels of lands for temporary residential or commercial use by 
IDPs; and 
 
(9) Mitigation, prevention and response measures to protect 
displaced populations especially women, children, and youth, 
among others, from all forms of violence, exploitation, abuse, 
neglect, and discrimination; 


11 
 
 
(b) Protection Against Criminal Offenses and Other Unlawful Acts. – 
 
(1) It shall be unlawful to commit any of the following acts against 
IDPs in all circumstances: 
 
i. Murder; 
 
ii. Hostage taking; 
 
iii. Summary 
or 
arbitrary 
execution 
and 
enforced 
disappearance, including abduction or unacknowledged 
detention, threatening or resulting in death; and 
 
iv. Unlawful confinement 
 
(2) Attacks or other acts of violence against IDPs who do not or no 
longer participate in hostilities shall be prohibited in all 
circumstances, without prejudice to being held liable for any 
offense committed by them. In particular, IDPs shall be protected 
against: 
 
i. direct or indiscriminate attacks or other acts of violence, 
including the creation of areas wherein attacks on civilians 
are permitted; 
 
ii. starvation as a method of combat; 
 


12 
 
iii. their being used to shield military objectives from attack, 
or to shield, favor or impede the operations of military, 
police or any armed group; 
 
iv. attacks 
against 
any 
evacuation 
center, 
facility, 
encampment or other settlements; and 
 
v. use of anti-personnel landmines; 
 
(3) IDPs shall be protected in particular against: 
 
i. rape and other outrages upon personal dignity, such as 
forced prostitution, trafficking of persons, any act of 
gender-specific violence, or any form of indecent assault; 
 
ii. mutilation, torture, cruel, inhumane or degrading treatment 
or punishment; 
 
iii. any form of violence against children, such as trafficking 
forced labor or sexual exploitation and other violations of 
children’s rights; 
 
iv. slavery or any contemporary form of slavery, such as sale 
into marriage, sexual exploitation or forced labor of 
children; and 
 
v. acts of violence intended to spread terror among IDPs. 
 


13 
 
Threats and incitement to commit any of the foregoing acts under 
paragraph (b), subsections (1) and (3) herein shall be prohibited; 
 
(4) IDPs shall not be interned in or confined in any evacuation center, 
facility, encampment or other settlement. If in exceptional 
circumstances such internment or confinement is necessary, it 
shall not last longer than what is required by the circumstances, 
as may be determined by the Commission on Human Rights 
(CHR), in close coordination and consultations with the military 
and law enforcement agencies conducting operations, and other 
concerned agencies of the government; and 
 
(5) IDPs shall be protected against discriminatory practices of 
recruitment into the Armed Forces of the Philippines (AFP), law 
enforcement agencies, or any armed group as a result of their 
displacement. In particular, any cruel, inhumane or degrading 
practice that compel compliance or punish noncompliance with 
recruitment shall be prohibited in all circumstances; 
 
(c) Freedom of Movement. –  
 
(1) Every IDP has the right to liberty of movement and the right to 
choose residence and move freely in and out of any evacuation 
center, encampment or other settlements. Restrictions on 
movement shall be introduced only in exceptional circumstances, 
such as national emergencies, pandemics, and those of similar 
nature, subject to any lawful and reasonable order which must be 
issued in writing by the government; 


14 
 
 
(2) IDPs, whether or not they are living in an evacuation center, 
encampment or other settlements, including home-based settings, 
shall not be discriminated against in the enjoyment of the rights 
to: 
 
i. enjoy freedom of thought, conscience, religion or belief, 
opinion and expression;  
 
ii. seek freely opportunities for employment and to 
participate in economic activities; 
 
iii. associate freely and participate equally in community 
affairs; 
 
iv. vote and participate in governmental and public affairs, 
including the right to have access to the means necessary 
to exercise these rights; and 
 
v. communicate in a language they understand; and 
 
(3) IDPs have the right to: 
 
i. seek safety in another part of the country; 
 
ii. leave the country; 
 
iii. seek asylum in another country; and 


15 
 
 
iv. be protected against forcible return or resettlement in any 
place where their lives, safety, liberty and/or health would 
be at risk; 
 
(d) Recognition, Issuance and Replacement of Documents. – The 
authorities concerned shall issue to the IDPs all documents necessary 
for the enjoyment and exercise of their legal rights. In particular, these 
authorities shall facilitate the issuance of new documents or the 
replacement of documents lost in the course of displacement, without 
imposing unreasonable conditions, such as requiring the return to one’s 
area of habitual residence in order to obtain their documents and 
without discrimination against men and women, who shall have equal 
rights to obtain and to be issued the same in their own names: Provided, 
however, That pending the release or access of such documentation 
from the authorities, the enjoyment and exercise of legal rights of the 
IDPs will not be suspended; 
 
(e) Family Unity and Missing Persons. –  
 
(1) Members of internally displaced families who wish to remain 
together shall be allowed to do so. Families that are separated by 
displacement and whose personal liberty have been restricted by 
internment or confinement in any evacuation center, facility, 
encampment 
or 
other 
settlements 
should 
be 
reunited 
immediately, with appropriate measures taken to expedite the 
reunion, particularly when children are involved; 
 


16 
 
(2) The State shall facilitate inquiries made by family members and 
encourage and cooperate with the work of international and local 
humanitarian organizations engaged in the task of family 
reunification such as the International Committee of the Red 
Cross (ICRC) and the International Red Cross and Red Crescent 
Movement; 
 
(3) IDPs have the right to know the status and whereabouts of their 
missing relatives. The authorities concerned shall endeavor to 
establish the status and whereabouts of IDPs reported missing 
and cooperate with relevant international organizations engaged 
in this task. They shall inform the next-of-kin on the progress of 
the investigation and notify them of any result; 
 
(4) The authorities concerned shall endeavor to collect and identify 
the mortal remains of the deceased, prevent their despoliation or 
mutilation and facilitate the return of those remains to the next-
of-kin or dispose of them respectfully according to customs and 
tradition; and 
 
(5) Grave sites of IDPs shall be protected and respected in all 
circumstances and shall have the right of access to the grave sites 
of their deceased relatives; 
 
(f) Health and Education. – 
 
(1) Certain IDPs, such as children, especially unaccompanied 
minors, expectant and breastfeeding mothers, mothers with 


17 
 
young children, female heads of households, PWDs and elderly 
persons, and other vulnerable groups, shall be entitled to 
protection and assistance required by their condition and to 
treatment which takes into account their special needs; 
 
(2) All wounded and sick IDPs, as well as those with disabilities, 
shall receive to the fullest extent practicable and with the least 
possible delay the medical care and attention they require, 
without distinction on any ground other than the medical ones. 
When necessary, IDPs shall have access to psychiatric care, 
psychological and social services and such other forms of 
assistance necessary for them; 
 
(3) Special attention shall be paid to the health needs of women, girls 
and lesbians, gays, bisexuals, transgenders and queer community 
(LGBTQs), including access to comprehensive reproductive 
health care services and hygiene support, to be provided 
whenever feasible by female health care providers, as well as 
appropriate counseling and other services for victims of sexual 
and other abuses; 
 
(4) Special attention shall also be given to the prevention of health 
emergencies, contagious and infectious diseases, among IDPs; 
and 
 
(5) The authorities concerned shall ensure that IDPs, in particular, 
displaced children, receive education that are free and 
compulsory at the early and basic education. Special efforts shall 


18 
 
be made to ensure the full and equal participation of women and 
children including those with disabilities in educational 
programs, and that respect for their cultural identity, language 
and religion, educational and training facilities shall be made 
available to them whether or not they are living in evacuation 
facilities, encampments, or other settlements, as soon as 
circumstances permit; 
 
(g) Property and Possessions. – The property and possessions of IDPs shall, 
in all circumstances, be protected against the following acts: 
 
(1) Pillage or looting; 
 
(2) Direct and indiscriminate attacks or other acts or omission; 
 
(3) Being used to shield military operations or objectives; 
 
(4) Being made the object of reprisal; 
 
(5) Being destroyed or appropriated as a form of collective 
punishment; and  
 
(6) Destruction, arbitrary and illegal appropriation, occupation or 
use; 
 
(h) Right to Participation. – IDPs, including children, shall have the right 
to actively participate in the planning and management of their 
displacement situation as well as return, local integration, or settlement 


19 
 
elsewhere. In addition, IDPs shall be provided with conditions to 
facilitate the exercise of their right to political participation. The rights 
and obligations herein shall not be interpreted as restricting, modifying 
or impairing the provisions of any international human rights or 
international humanitarian law or rights granted to persons under 
domestic law. 
 
The guarantees under this section shall likewise not be denied to civil 
society organizations, people’s organizations, and similar groups who extend 
assistance to the IDPs. 
 
SEC. 7. Assistance During Displacement of IDPs. – The primary duty and 
responsibility for providing humanitarian assistance to IDPs lie with the State, in 
close collaboration with the LGUs exercising territorial jurisdiction over the 
affected area/s. As such, the military and law enforcement agencies conducting 
operations, the Department of Social Welfare and Development (DSWD), the 
Department of Health (DOH), the local government hospitals, the LGUs 
concerned and other appropriate government agencies shall provide immediate 
relief and humanitarian assistance to IDPs, families and communities. 
 
The Public Attorney’s Office (PAO) shall immediately coordinate with the 
abovementioned agencies for the provision of legal assistance to the IDPs. 
 
Humanitarian assistance to IDPs shall not be diverted, suspended, or 
diverted for any political or military reason. All authorities concerned shall grant 
and facilitate the free passage of humanitarian assistance to the IDPs and ensure 
rapid, safe and unimpeded access of persons engaged in giving such assistance, 
their transport and supplies to the displaced communities. Persons engaged in 


20 
 
humanitarian assistance, including their transport, shall not be the objects of 
attack or other acts of violence. 
 
All concerned authorities shall assist the IDPs in the restitution or recovery 
of their property and possessions and shall provide or assist these persons in 
obtaining appropriate financial assistance or other forms of just reparation. 
 
The guarantees under this section shall likewise not be denied to civil society 
organizations, people’s organizations, and similar groups who extend assistance 
to the IDPs. 
 
SEC. 8. Prohibited Acts of Arbitrary Internal Displacement. – The prohibited 
acts of arbitrary internal displacement shall include those committed: 
 
(a) based on policies of apartheid, ethnic cleansing, or similar practices 
aimed at or resulting in altering the ethnic, religious or racial 
composition of the affected population; 
 
(b) in situations of armed conflict, unless the safety and security of civilians 
and non- combatants are involved or imperative military reasons so 
demand; 
 
(c) in cases of development projects, which have not secured the free and 
prior informed consent (FPIC) of the concerned ICCs/IPs or those which 
are not justified by compelling and overriding public interest and with 
proper implementation of return, local integration, or resettlement 
elsewhere of affected IDPs, including just compensation in view of 
expropriation proceedings; 


21 
 
 
(d) in cases of natural, human-induced, and human-made hazards, unless the 
safety, security, and health of those affected require their evacuation; 
(e) when used as a form of collective punishment; 
 
(f) in cases of clan wars, unless the safety and security of those civilians not 
involved in the conflict or violence are endangered; and 
 
(g) in cases where there is malice, bad faith, gross negligence, or in any 
manner causes a willful violation of the rights granted herein and other 
similar rights provided by international human rights law and domestic 
laws and policies. 
 
An Order of Battle or any document of similar nature issued by the military 
or any law enforcement agency of the government shall not justify 
arbitrary internal displacement and shall subject the perpetrators to the 
penalties provided herein. 
 
SEC. 9. Safeguards Against Arbitrary Internal Displacement. – If displacement 
is inevitable under circumstances beyond control that pose hazardous and security 
risks to the lives and properties of persons living in communities, displacement 
shall not be carried out in a manner that violates the rights to life, liberty, dignity, 
security, and property of those affected, irrespective of their legal status and 
applied without any adverse distinction. 
 
All concerned authorities, groups, and persons shall observe the following 
safeguards against arbitrary internal displacement: 
 


22 
 
(a) All feasible alternatives shall be explored in order to avoid displacement. 
Where no alternative exists, all measures shall be undertaken to minimize 
displacement and its adverse effects on the population that will be affected; 
 
(b) If displacement is inevitable, the authorities, pursuant to their respective 
mandates and functions, shall ensure, to the greatest practicable extent, 
that proper accommodation is effected in satisfactory conditions of safety, 
nutrition, water and sanitation, and health and hygiene, and that members 
of the same family, especially women and children, are not separated; 
 
(c) Minorities, peasants, pastoralists, PWDs and other groups with special 
dependency on and attachment to their lands shall be protected from 
arbitrary internal displacement. 
 
ICCs/IPs shall be protected from arbitrary internal displacement. When 
displacement is considered necessary as an exceptional measure, it shall 
take place only with the FPIC of ICCs/IPs concerned pursuant to the 
provisions of Republic Act No. 8371 and existing guidelines on FPIC; 
 
(d) In situations other than during the emergency stages of armed conflicts 
and disasters, the following guarantees shall be complied with: 
 
(1) Specific decision which shall be taken by the authority 
empowered by law to order such measures; 
 
(2) Full disclosure of information on the reasons and procedures for 
the displacement and, when applicable, also on financial 
assistance and relocation; 


23 
 
 
(3) Free and informed consent of those persons to be displaced shall 
be sought; 
 
(4) Authorities concerned shall endeavor to involve those affected, 
particularly women, elderly persons and PWDs, in the planning 
and management of their return, local integration or resettlement 
elsewhere; 
 
(5) Law enforcement measures, when required, shall be carried out 
by competent legal authorities, with proper observance of due 
process and respect for human rights; and 
 
(6) The right to an effective remedy, including the review of such 
decisions by appropriate judicial authorities, shall be respected. 
 
SEC. 10. Permanent Prohibition Against Arbitrary Internal Displacement. – 
The prohibition against arbitrary internal displacement and the fundamental 
safeguards for its prevention shall not be suspended under any circumstance, 
including political instability, threat of war, state of war, or other public 
emergencies. 
 
SEC. 11. Early Recovery Plan. – All LGUs shall craft their Early Recovery Plans 
(ERPs) under the supervision of the Department of the Interior and Local 
Government (DILG). 
 
In this regard, the appropriate bureau under the DILG and the CHR shall 
jointly design the mechanism for providing technical assistance to LGUs, 


24 
 
monitoring the compliance of LGUs, and conducting the periodic review of the 
ERPs. 
 
The authorities concerned shall endeavor to involve those belonging in the 
vulnerable and marginalized sector in the planning and management of their 
return, local integration or resettlement elsewhere. 
 
SEC. 12. Return, Local Integration or Resettlement. – Competent authorities, 
such as the military and law enforcement agencies conducting operations, the 
DSWD, the DOH, the LGUs concerned, and other relevant government agencies, 
shall have the primary duty and responsibility to establish conditions and provide 
durable solutions as means for IDPs to return voluntarily, in safety and with 
dignity, to their homes or places of habitual residence, or to resettle voluntarily 
in places of refuge and/or in another part of the country, taking into consideration 
the right of IDPs to choose a residence. 
 
The CHR, through inclusive and extensive consultation, shall formulate a 
National Strategy on Solutions to Internal Displacement, which will be presented 
for adoption by the Inter-Agency Coordinating Committee. 
 
The National Strategy shall be evaluated five (5) years from its adoption 
which shall be the basis for the enhancement of the subsequent National Strategy. 
Said authorities, including the CHR, shall likewise ensure prior consultations and 
full participation of IDPs during and after the planning and management of their 
return, local integration, or resettlement elsewhere. 
 
SEC. 13. Development of Host Communities. – The State shall undertake the 
continuous development of host communities by ensuring that the relevant 


25 
 
socioeconomic, infrastructure and public works, and other development and 
investment plans, programs, and funding adequately and proportionately include 
the specific needs and requirements of these communities and localities. 
 
SEC. 14. Mechanisms for International Humanitarian Assistance. – 
International humanitarian organizations, their local counterparts and other 
appropriate actors shall have the right to offer their services, including 
humanitarian assistance, in support of the IDPs. These acts shall be considered 
done in good faith and not as unfriendly acts or interference in the internal affairs 
of the government. Consent thereto shall not be arbitrarily withheld, particularly 
when authorities concerned are unable or unwilling to provide the required 
humanitarian assistance. 
 
All authorities shall grant and facilitate the free passage of humanitarian 
assistance and grant persons engaged in the provision of such assistance rapid and 
unimpeded access to the IDPs. 
 
All humanitarian organizations and agencies which provide assistance to 
IDPs shall respect relevant domestic laws, international standards, and codes of 
conduct. They shall give due regard to the protection of the needs and human 
rights of the IDPs. Such organizations conducting operations in any emergency-
affected areas, or are directly or indirectly interacting with the IDPs, are 
prohibited from committing any acts of sexual exploitation and sexual abuse such 
as but not limited to: (a) sexual activity with children, as defined under existing 
laws; (b) use of sex in exchange of money, employment, goods or services 
including hiring of prostitutes; and (c) any sexual relationship with beneficiaries 
that involves improper use of position or authority. Humanitarian or aid workers 
shall uphold their duty of care towards the displaced populations and shall 


26 
 
maintain the trust of the communities being served. They are obliged to create 
and maintain an environment which prevents sexual exploitation and abuse. 
 
The importation and donation of food, clothing, medicine and equipment 
necessary for relief and assistance of IDPs are hereby authorized in accordance 
with Section 105 of the Tariff and Customs Code of the Philippines, as amended, 
as regards national internal revenue taxes and import duties of national and local 
government agencies, and the prevailing provisions of the General 
Appropriations Act (GAA). 
 
SEC. 15. Penalties. – 
 
(a) The penalty of reclusion temporal in its minimum to medium period shall 
be imposed upon any person or group of persons who commit the 
following: 
 
(1) Those who directly commit the act of arbitrary internal 
displacement; 
 
(2) Those who directly force, instigate, encourage, induce or incite 
others to commit the act of arbitrary internal displacement; 
 
(3) Those who cooperate in the act of arbitrary internal displacement by 
committing another act, without which the act of arbitrary internal 
displacement would not have been carried out; 
 
(4) Those who cooperated in the execution of the act of arbitrary internal 
displacement by previous or simultaneous acts; 


27 
 
 
(5) Those commanding officers of the military, police or other law 
enforcement agencies or other authorities, for acts of arbitrary 
internal displacement committed by forces under their effective 
command and control, or effective authority and control as the case 
may be, as a result of their failure to exercise proper control over 
such forces, where the commanding officers or authorities knew or, 
owing to the circumstances at the time, should have known that the 
forces were committing or about to commit such crimes, and failed 
to take all necessary and reasonable means within their power to 
prevent or repress their commission, or to submit the matter to 
competent authorities for investigation; and 
 
(6) In case the acts of arbitrary internal displacement are committed by 
a corporation or a juridical entity, the members of the Board of 
Directors who were present in the meeting and who actually voted 
for the approval of the resolution or order directing the commission 
of arbitrary internal displacement, and the corporate officers or 
agents who carried out such resolution or order of the corporation 
shall each be criminally liable; 
 
 
(b) The penalty of prision mayor in its minimum period shall be imposed upon 
those who attempt to commit the offense of arbitrary internal displacement; 
and 
 
(c) The penalty of prision mayor in its minimum period shall be imposed upon 
persons who, having knowledge of the act of arbitrary internal 


28 
 
displacement and without having participated therein, either as principals 
or accomplices, took part subsequent to its commission by any of the 
following acts: 
 
(1) By themselves profiting from or assisting the offender to profit from 
the effects of the act of arbitrary internal displacement; 
 
(2) By concealing the act of arbitrary internal displacement and/or 
destroying the effects or instruments thereof, in order to prevent its 
discovery; and 
 
(3) By harboring, concealing or assisting in the escape of the principal/s 
in the act of arbitrary internal displacement. 
 
SEC. 16. Applicability of the Revised Penal Code and Special Penal Laws. – 
The provisions of the Revised Penal Code and other relevant special penal laws, 
insofar as they are applicable, shall be suppletory to this Act. 
 
SEC. 17. Non-prescription. – The crimes defined and penalized under this Act, 
their prosecution, and the execution of sentences imposed on their account, shall 
not be subject to any prescription. 
 
SEC. 18. Jurisdiction of the Courts. – The proper and competent civilian courts 
shall have jurisdiction over the offense of arbitrary internal displacement as 
defined and penalized in this Act. 
 
SEC. 19. Damages. – A court of competent jurisdiction shall determine the 
damages inflicted against IDPs and direct the persons responsible for arbitrary 


29 
 
internal displacement to award monetary compensation under the following 
circumstances: 
 
(a) Where the death of an individual victim occurs, the amount to be 
determined by the court shall be granted to the legal heirs of the victim as 
a death benefit; 
 
(b) Where physical, emotional, and/or psychological injury is caused to an 
individual victim, actual and compensatory damages, including moral, 
nominal, exemplary, and temperate damages resulting from such injury, 
shall be paid to the victim. Upon a finding of such injury and distinct from 
the compensation for actual, compensatory, moral, nominal, and/or 
temperate damages, such determination shall also include a referral to the 
DOH and the DSWD for appropriate interventions or services, including 
psycho-social intervention and rehabilitation; and 
 
(c) Cases for damages filed under this Act shall be considered as independent 
civil action and summary in nature. The Supreme Court shall promulgate 
the necessary rules and regulations to govern the procedure for cases filed 
in this manner. 
 
SEC. 20. Financial Assistance to IDPs. – Whenever human rights violations are 
caused to the IDPs as incidents or consequences of arbitrary internal 
displacement, the necessary financial assistance for their reparation, return, local 
integration or resettlement elsewhere shall be provided. 
 


30 
 
The CHR shall enhance its existing financial assistance program to include 
financial assistance for the purpose of facilitating the reparation, return, local 
integration or resettlement elsewhere of IDPs. 
 
Receipt of such financial assistance shall be without prejudice to the 
amount of assistance granted under other government programs, such as the 
Victims’ Compensation Program of the Department of Justice (DOJ) by virtue of 
Republic Act No. 7309, the relief assistance to IDPs by the DSWD, the DOH, 
and other similar programs which may be made available to IDPs under existing 
laws, rules and regulations. 
 
SEC. 21. Nonmonetary Reparation. – The DOH, the DSWD, the Department of 
Education (DepEd), the Commission on Higher Education (CHED), the 
Technical Education and Skills Development Authority (TESDA) and such other 
agencies shall render necessary services as nonmonetary reparation for IDPs and 
their families as may be determined, in coordination with the CHR, pursuant to 
the provisions of this Act. 
 
SEC. 22. Role of the CHR. – Pursuant to Article XII, Section 18(11) of the 1987 
Constitution, the CHR is hereby designated as the institutional focal point for 
IDPs. As such, the CHR shall have the following additional functions: 
 
(a) To monitor IDP conditions through the development of a system to track 
concerns, actions taken and other relevant information, and be the 
repositories of child protection and protection from sexual exploitation 
and abuse policies to ensure that IDP rights are respected, protected, and 
fulfilled in all phases of internal displacement; 
 


31 
 
(b) To conduct public inquiries, document violations of human rights, assist 
IDPs in seeking redress of grievances and work to ensure an effective 
response by the concerned authorities; 
 
(c) To investigate, on its own or on the complaint by any party, all forms of 
human rights violations against IDPs involving civil and political rights, 
in accordance with Section 18(1) of Article XIII of the 1987 Constitution; 
and when found in the investigation that the filing of a case in court is 
warranted, request the assistance of any department, bureau, office or 
agency, such as the National Prosecution Service of the DOJ or the 
Ombudsman, by virtue of Executive Order No. 163, series of 1987; 
 
(d) To render financial assistance at its sole discretion, as part of its existing 
financial assistance program, as well as psycho-social interventions and 
similar services to IDPs, and to issue necessary guidelines to implement 
the same; 
 
(e) To recommend the grant of assistance to IDPs, by the other agencies of 
government, taking into consideration their respective mandates and 
functions as may be appropriate; 
 
(f) To cite any person in contempt for violations of the orders issued by them 
in accordance with the Rules of Court; 
 
(g) To follow up on early warning and ensure effective measures to protect 
the civilian population against arbitrary internal displacement; 
 


32 
 
(h) To advise the government on the rights of IDPs, formulate sound national 
policy and legislation and to facilitate discussions to effectively address 
situations of internal displacement; 
 
(i) To undertake educational activities and training programs for State 
authorities, including the AFP, the Philippine National Police (PNP), and 
LGUs; 
 
(j) To hold public information drives on the protection and rights of IDPs, 
and foster their participation in the decision-making process regarding 
issues that concern them; and 
 
(k) To carry out such other acts that may be necessary to fully implement the 
purposes of this Act. 
 
SEC. 23. Monitoring of Compliance. – An inter-agency coordinating committee 
shall be tasked to periodically monitor the compliance with this Act. The 
Committee shall be co-headed by the Chairperson of the CHR and the Executive 
Director of the National Disaster Risk Reduction and Management Council 
(NDRRMC). 
 
The members of the group shall be composed of: 
 
(a) Undersecretary, DSWD; 
 
(b) Undersecretary, DepEd; 
 
(c) Undersecretary, DILG;  


33 
 
 
(d) Undersecretary, DOH;  
 
(e) Undersecretary, DOJ; 
 
(f) Undersecretary, Department of Human Settlements and Urban 
Development (DHSUD); 
 
(g) Undersecretary, Department of National Defense (DND); 
 
(h) Undersecretary, Department of Environment and Natural Resources 
(DENR); 
 
(i) Undersecretary, National Economic and Development Authority; 
 
(j) Presidential Adviser, Office of the Presidential Adviser on Peace, 
Reconciliation, and Unity; 
 
(k) Commissioner, National Commission on Indigenous Peoples 
(NCIP); 
 
(l) Chief Public Attorney, PAO; 
 
(m) Executive Director, Council for the Welfare of Children; 
 
(n) Chairperson, Presidential Commission for the Urban Poor (PCUP); 
 
(o) Secretary, National Commission on Muslim Filipinos; 


34 
 
 
(p) Executive Director, Philippine Commission on Women (PCW); 
 
(q) National Statistician and Civil Registrar General, Philippine 
Statistics Authority; 
 
(r) Director General, TESDA; 
 
(s) Commissioner, Bangsamoro Human Rights Commission; and 
 
(t) Three (3) representatives from nongovernmental organizations 
(NGOs) with experience in working with IDPs, nominated by a selection 
board composed of human rights groups and NGOs. 
 
The Committee shall work towards the collection of data on the number 
and conditions of IDPs, leading to a database that will aid the government in 
efficient planning and policy-making regarding issues affecting IDPs. 
 
The Committee shall likewise prioritize the release of immediate financial 
assistance, allotted by its component agencies, to those affected by internal 
displacement. 
 
The Committee shall submit an annual report to the Joint Congressional 
Oversight Committee herein created, within thirty (30) days at the end of each 
fiscal year which shall be the basis for proposed amendments to existing 
legislation to improve the conditions of IDPs. 
 


35 
 
SEC. 24. Joint Congressional Oversight Committee. – A Joint Congressional 
Oversight Committee (JCOC) is hereby created, composed of the Chairperson of 
the Senate Committee on Justice and Human Rights and seven (7) other Senators 
designated by the Senate President, and the Chairperson of the House Committee 
on Human Rights and seven (7) other Members of the House of Representatives 
designated by the Speaker of the House of Representatives: Provided, That of the 
seven (7) Members to be designated by each House of Congress, four (4) shall 
represent the Majority and three (3) shall represent the Minority. The Senate 
President and the Speaker of the House of Representatives shall ensure the 
representation of women legislators in the JCOC. 
 
The JCOC shall also have the power to inquire into, summon and 
investigate the Orders of Battle as defined under this Act, and/or any document 
of similar nature, as well as the legal and factual justifications for the inclusion 
of specific persons and groups in said Orders of Battle or similar documents. In 
this regard, the JCOC may issue mandatory process directing the transmission of 
all such documents relevant and necessary for the Committee to determine the 
validity of the inclusion of specific persons or groups in the Orders of Battle or 
similar documents. For this purpose, the highest-ranking officers or heads of 
offices shall be charged with testifying before the JCOC in relation to any 
inquiries on the Orders of Battle or similar documents. 
 
The invocation of national security as a defense may not prevent the JCOC 
from inquiring into the factual and/or legal bases for the existence of an Order of 
Battle, or any similar document, or the inclusion of specific persons or groups in 
said Orders of Battle or similar documents. Should there be a need to inquire into 
the factual basis for the invocation of national security, the JCOC shall convene 
in an executive session and hear the officials invoking it. Should the basis not be 


36 
 
satisfactory to the JCOC, the public hearing/s will continue and appropriate 
recommendations shall thereafter be made by the JCOC. 
 
SEC. 25. Appropriations. – The amount necessary for the initial implementation 
of this Act shall be charged against the current year’s appropriations of the 
departments and agencies concerned. Thereafter, the funding of which shall be 
included in the annual General Appropriations Act. 
 
SEC. 26. Implementing Rules and Regulations. – Within one hundred twenty 
(120) days from the effectivity of this Act, the Chairperson of the CHR and the 
Secretary of the DND, DSWD, DILG, DOH, DOJ, DHSUD, and DENR, the 
Chairperson of NCIP, PCW, PCUP, and National Anti-Poverty Commission-
Victims of Disasters and Calamities (NAPC-VDC), in coordination with other 
government agencies and in consultation with human rights nongovernmental 
organizations and people’s organizations, shall jointly formulate rules and 
regulations to implement the provisions of this Act. The Chairperson of the CHR 
and the Secretary of the DND shall act as the co-chairpersons of the body that 
shall formulate the implementing rules and regulations (IRR). 
  
SEC. 27. Separability Clause. – If any part or provision of this Act shall be 
declared unconstitutional or invalid, the other provisions hereof which are not 
affected thereby shall remain in full force and effect. 
 
SEC. 28. Repealing Clause. – All laws, decrees, executive orders, memorandum 
orders, memorandum circulars, administrative orders, ordinances or parts thereof 
which are inconsistent with the provisions of this Act are hereby deemed repealed 
or modified accordingly. 
 


37 
 
SEC. 29. Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of national circulation. 
 
Approved,