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THIRTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
S.B. No. 
1885 
Introduced by Senator Francis N. Pangilinan 
EXPLANATORY NOTE 
Enforced or involuntary disappearance is committed when a person is arrested, 
detained or abducted against his/her will or is deprived of his/her liberty by officials or 
employees of any branch, subdivision, agency or instrumentality of Government, or by 
organized groups or private individuals acting on behalf of, or with the support of, or 
with direct or indirect, consents or acquiescence of the Government, and who 
subsequently disappeared or refuse to disclose his/her fate or acknowledge that he/she 
was detained, thus placing such person outside the protection of the laws. 
At present, there are numerous test cases of involuntary disappearance pending 
before the courts. However, since involuntary disappearance is not considered a crime 
under the Philippine law, the cases presently filed in court are lodged as kidnapping, 
murder or serious illegal detention, or a combination of the last two crimes. This bill is 
proposed to call the crime by its correct name. 
It should be recognized that any act of enforced or involuntary disappearance 
constitutes a violation of the rights to liberty and security of a person, as well as the 
person’s right not to be subjected to torture and other cruel, inhuman or degrading 
treatment or punishment. 
Hence, the phenomenon of enforced or Involuntary 
disappearance must be finally addressed through adequate legislation directly penalizing 
its commission. 
The bill also aims to deter, if not totally eradicate the commission of this heinous 
act by any officer or agent of the State to ensure that no person shall be deprived of 
life, liberty or property without due process of law, nor shall any person be denied of 
equal protection of the laws. 
The immediate approval of this bill is earnestly requested. 


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THIRTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
S.B. No. 
1883 
Introduced by Senator Francis N. Pangilinan 
.. 
AN ACT 
PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE AND FOR 
OTHER PURPOSES 
6e it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
Article I 
GENERAL PROVISIONS 
SECTION 
1. 
Title. - This Act shall be known as the "Anti-Enforced or 
Involuntary Disappearance Act of 20W.t 
SEC. 
2. 
Declaration of policy. - It is hereby declared as the policy of 
the State to safeguard the life and liberty of the citizens. Further, no person under 
investigation shall be subjected to torture, force, violence, threat or intimidation or any 
act which impairs his/her free will. Towards these ends, appropriate penalties shall be 
imposed on the government officials or agents of the State who caused the enforced or 
involuntary disappearance of persons, arrested, detained or abducted. 
SEC. 3. 
Involuntary Disappearance, When Committed. - For 
purposes of this Act, enforced or involuntary disappearance shall be deemed committed 
when the person is arrested, detained or abducted against his/her will or otherwise 
deprived of his/her liberty by officials or employees of any branch, subdivision, agency 
or instrumentality of government, or by organized groups or private individuals acting on 
behalf of, or with the support, direct or indirect, consent or acquiescence of the 
Government, and who subsequently disappeared for at least 48 hours. These forces 
then conceal the whereabouts of the disappeared or refuse to disclose his/her fate or to 
acknowledge that he/she was detained, thus placing such person outside the protection 
of the laws. 
SEC. 4. 
Commanding Officer or Senior Official. - The immediate 
Commanding Officer or equivalent Senior Official shall be held criminally liable for an 
enforced or involuntary disappearance. Any failure on his/her part, whether done with 
intent or negligence, to avert an act or enforced or involuntary disappearance shall be 
taken as evidence of conspiracy. 
SEC. 
5. 
Penalty and Persons Liable. - The penalty of reclusion 
perpetua shall be imposed upon the following persons: 
(1) 
Those who directly committed the act of enforced or involuntary 
disappearance; 
Those who directly forced, instigated, encouraged or induced others to 
commit the act of enforced or involuntary disappearance; 
(2) 


(3) 
Those who cooperated in the act of enforced or involuntary 
disappearance by another act without which the act of enforced or 
involuntary disappearance would not have been carried out; 
(4) 
Those officials who allowed the act of enforced or involuntary 
disappearance when it is within their power to stop the commission of 
such act; 
The penalty for reclusion temporal shall be imposed upon those who attempt to 
commit the offense of enforced or involuntary disappearance. 
The penalty of reclusion temporal shall be imposed upon the person who, having 
knowledge of the act enforced or involuntary disappearance, and without having 
participated therein, either as principals or accomplice, took part subsequent to its 
commission in any of the following manners: 
(1) 
By themselves profiting from or assisting the offender to profit from the 
effects of the act of enforced or involuntary disappearance; 
By concealing the act of enforced or involuntary disappearance, and/or 
destroying the effects of instruments thereof, in order to prevent its 
discovery; 
By harboring, concealing, or assisting in the escape of the principal (s) in 
the act of enforced or involuntary disappearance, provided the accessory 
acts are done with the abuse of the official’s public functions. 
(2) 
(3) 
SEC. 
6. 
Suspension. -The alleged perpetrators of and other participants 
in the commission of enforced or involuntary disappearance shall be suspended and 
prohibited from performing any official duties during the investigation and trial of the 
case. 
SEC. 
7. 
Civil Liability. - Enforced or involuntary disappearance shall 
render their perpetrators and the State authorities which organized, acquiesced in or 
tolerated such disappearances liable under civil law. 
SEC. 8. 
Order of Superior Officer or Public Authority. - An order 
from a superior officers or a public authority cannot be invoked as justification fore 
taking part in the commission of an enforced or involuntary disappearance. 
SEC. 9. 
Continuing Offense. 
- An act constituting enforced or 
involuntary disappearance shall be considered a continuing offense as long as the 
perpetrators continue to conceal the fate and the whereabouts of the persons who have 
disappeared and these facts remain unclarified. 
SEC. 
10. 
Prescription. - There shall be no time limit to the prosecution of 
a person responsible for the commission of enforced or involuntary disappearance. 
SEC. 11. 
Non-applicability of Amnesty. - Persons who have committed 
the act of enforced or involuntary disappearance shall not benefit from any special 
amnesty law or similar measures that will have the effect of exempting them from any 
criminal proceedings and sanctions. 
SEC. 
12. 
Restitution. - The victims of enforced or involuntary 
disappearance who surfaced alive shall be entitled to monetary compensation and 
restitution of honor and reputation. The nearest kin, as provided for in Article 887 of 
the civil code, of a victim of an enforced or involuntary disappearance may claim for 
compensation as provided for under R.A. 7309 and other financial relief programs of 
Government. The package of indemnification shall be without prejudice to other legal 
remedies that may be available to them. 


SEC. 
13. 
Rehabilitation. - I n  order that the nearest of kin of victims of 
enforced or involuntary disappearance and the victims who surfaced alive may be 
affectively reintegrated into the mainstream of society and in the process of 
development, the State shall provide them with appropriate medical care and 
rehabilitation free of charge. 
SEC. 
14. 
Protection of Persons Involved I n  Prosecution. - The State 
through its appropriate agencies shall ensure the safety of all persons involved in the 
prosecution and investigation on enforced or involuntary disappearance cases such as 
the complaint (s), legal counsel, witnesses and relatives of the victims of involuntary 
disappearance. They shall likewise be protected from ill treatment and any acts of 
intimidation or reprisal as a result of the complaint or investigation. Anyone committing 
such acts shall be criminally liable. 
SEC. 
15. 
Rules and Regulations. - The Department of Justice, in 
collaboration with and concurrence of the Commission on Human Rights and the 
Families of Victims of Involuntary Disappearance (FIND) shall promulgate the rules and 
regulations for the effective implementation of this Act and shall ensure the full 
dissemination of the same to the public. 
periodically monitor compliance with this Act. 
Commissioner of the Commission on Human Rights and with the following as members: 
SEC. 
16. 
Monitoring Group. - A Monitoring group is hereby created to 
The group shall be headed by a 
(1) 
One Undersecretary of the Department of justice; 
(2) 
One representative from the Senate Committee on justice and Human 
Rights; 
(3) 
One representative from the House Committee on Political, Civil and 
Human Rights; and 
(4) 
The Secretary-General of the Families of victims of Involuntary 
Disappearance (FIND). 
SEC. 
17. 
Suppletory Application of the Revised Penal Code. - The 
provisions of the Revised Penal Code on punishable offenses shall be suppletory to this 
Act. 
Funds. -The funds necessary for the effective implementation of 
this Act shall be included in the budget of the Commission on Human Rights and the 
Department of Justice under the General Appropriations Act of the year following the 
enactment of this Act. 
SEC. 18. 
SEC. 
19. 
Separability Clause. - If any provision of this Act is declared 
invalid, the remainder thereof not affected thereby shall continue to be in full force and 
effect. 
Repealing Clause. - All laws, decrees, executive orders, rules 
and regulations and other issuances or parts thereof inconsistent with the provisions of 
this Act are hereby repealed or modified accordingly. 
SEC. 
20. 
SEC. 21. 
Effectively Clause. -This Act shall take effect fifteen (15) days 
upon its publication in at least two (2) newspapers of general circulation. 
Approved.