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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No._____ 
Introduced by: Congressman BIENVENIDO M. ABANTE, JR. 
AN ACT 
STRENGTHENING AND EXPANDING THE POWERS OF THE 
COMMISSION ON HUMAN RIGHTS, AMENDING EXECUTIVE ORDER 
NO. 163 SERIES OF 1987 AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
          “And God said, Let us make man in our image, after our likeness: and 
let them have dominion over the fish of the sea, and over the fowl of the air, 
and over the cattle, and over all the earth, and over every creeping thing that 
creepeth upon the earth” (Genesis 1:26KJV). “So God created man in his own 
image, in the image of God created he him: male and female created he them” 
(Genesis 1:27KJV), “And the Lord God formed man of the dust of the ground, 
and breathed into his nostrils the breath of life; and man became a living soul” 
(Genesis 2:7,KJV). It is thus submitted that there is no other right more precious 
than the human right to life, as God Himself formed man and breathed into 
his nostrils the breath of life. 
          The 1987 Constitution established the Commission on Human Rights  
(CHR) with a vision for a just and humane Philippine society of persons equal 
in opportunity, living a life of dignity, and forever vigilant against abuses and 
oppression, and a mission to seek the truth in human rights issues and 
prevent incidence of human rights violations, making the Filipinos aware of 
their rights, and guide government and society towards actions that respect 
such rights, particularly those who cannot defend themselves, like the less 
privileged 
September 21, 2022
5:37 pm
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          While the Constitution defines the powers of the CHR, national 
experience has shown that needed just and appropriate actions to attain its 
vision and fully fulfill such mission cannot be put in place with dispatch due 
to its limited powers, delaying the administration and delivery of, if not 
depriving, justice to whom it is due. As the legal maxim says: “justice delayed 
is justice denied”. With its investigative power, the CHR can gather facts and 
first hand material, relevant and admissible evidence necessary to prosecute 
human rights violators and give justice to the victims. But without the power 
to file the appropriate case, such evidence will just be in the files gathering 
cabweb as the poor victim’s body return to dust, especially in the light of 
social. political and procedural ramifications and hindrances besetting the 
filing of cases by victims and the responsible agencies of the government. 
 
          To empower the CHR to file charges as may be warranted by evidence 
gathered in its investigation in addition to its recommendatory and 
investigative mandate as provided in the Constitution will, therefore, not only 
enhance its contribution in safeguarding fundamental rights and freedoms but 
will give full meaning to the purpose of its creation.  
 
          Extending the investigative power of the CHR and giving it the power to 
file cases, criminal and/or administrative, before the Prosecutor’s Office or the 
Office of the Ombudsman, finds relevance in the declarations in the 
Constitution that: the State values the dignity of every human person and 
guarantees full respect for human rights. (Sec. 11, Art. II); Congress shall give 
highest priority to the enactment of measures that protect and enhance the 
right of all the people to human dignity, reduce social, economic, and political 
inequalities, and remove cultural inequalities by equitably diffusing wealth 
and political power for the common good (Sec. 1, Art. XIII); the CHR shall 
have the power to investigate, on its own or complaint by any party, all forms 
of human rights violations involving civil and political rights (Sec. 18[1], Art. 
XIII); and that the CHR shall perform such other duties and functions as may 
be provided by law (Sec. 18[11], Art. XIII). 
 
          In the light of the foregoing, the immediate passage of this Bill is 
earnestly requested. 
 
 
 
                                                                     BIENVENIDO M. ABANTE, JR.  
 
 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No._____ 
Introduced by: Congressman BIENVENIDO M. ABANTE, JR. 
AN ACT 
STRENGTHENING AND EXPANDING THE POWERS OF THE 
COMMISSION ON HUMAN RIGHTS, AMENDING EXECUTIVE ORDER 
NO. 163 SERIES OF 1987 AND FOR OTHER PURPOSES 
         Be it enacted by the Senate and the House of Representatives of the Philippines 
in session assembled:      
         SECTION 1. Title. - This Act shall be known as the Commission on 
Human Rights Act of 2022. 
          SEC. 2. Statement of Policy. – It is hereby declared the policy of the State: 
(a) To value the dignity of every human person and guarantee full
respect for human rights;
(b) To ensure that the human rights of all persons, including suspects,
persons under investigation for the commission of a crime, and
persons deprived of liberty are respected at all times, and that no
person placed under investigation or held in custody by any person
in authority or agent of a person authority shall be subjected to
torture or any physical, psychological or mental harm, force, other
forms of violence, threat or intimidation or any act that impairs
his/her free wi11 or in any manner demeans or degrades human
dignity;
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 (c) To adhere to the Bill of Rights that no person shall be deprived of 
life, liberty, or property without due process of law, nor shall any 
person be denied the equal protection of the laws; and 
(d) To guarantee that the right of the people to be secure in their 
persons, houses, papers and effects against unreasonable searches 
and seizures of whatever nature and for any purpose shall be 
inviolable. 
          Towards this end, Congress shall give highest priority to the enactment 
of measures that protect and enhance the right of all the people to human 
dignity. 
          SEC. 3. Definition of Terms. – The following terms as used in this Act 
shall mean: 
 
(a) Commission as used in this Act shall refer to the Commission on 
Human Rights created under the 1987 Constitution of the 
Philippines. 
 
(b) Human rights are the supreme, inherent, and inalienable rights to life, 
dignity, and self- development. It is the essence of these rights that 
makes a person human. These rights include those guaranteed by 
the Constitution, other domestic laws and international human 
rights instruments such as the Universal Declaration of Human 
Rights, the International Covenant on Civil and Political Rights, and 
the International Covenant on Economic, Social, and Cultural Rights.  
 
(c) Human rights violation refers to any act or omission committed  by 
any law enforcer, including members of the Armed forces of the 
Philippines, other persons in authority, agents of a person in 
authority, or any other public official, whether elected or appointed, 
such as but not be limited to the following: 
 
(1) Acts of torture as defined in R.A. No. 9745, otherwise known as 
the Anti-Torture Act of 2009; 
 
(2) Any search, arrest and/or detention without a valid search 
warrant or warrant of arrest issued by a civilian court of law, 
except valid warrantless arrest and seizure;  
 


 
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(3) The infliction of physical injury or killing except where the 
infliction of such physical injury or killing is justified under 
existing laws, torture in any form or under any circumstance, or 
violation of other human rights, including but not limited to the 
freedom of speech, assembly or organization;  
 
(4) Any enforced or involuntary disappearance caused upon a 
person who was arrested, detained or abducted against his 
consent or otherwise deprived of his liberty as defined under 
existing laws; 
 
(5) Any force or intimidation causing the involuntary exile of a 
person from the Philippines; 
 
(6) Any act of force, intimidation or deceit causing unjust or illegal 
takeover of a business or confiscation of property; 
 
(7) Committing any sexual offense against a person under 
investigation for the commission of a crime or against a person 
deprived of liberty; and 
 
(8) Other cruel, inhuman and degrading treatment or punishment, or 
other violations and/or abuses similar or analogous to the above, 
including those recognized by international law. 
  
SEC. 4. The CHR as an Independent Office. - The independence of the 
CHR  shall always be respected as a  constitutional office.  
 
SEC. 5. Fiscal Autonomy. - The CHR as a Constitutional creation shall 
enjoy full fiscal autonomy.  
 
SEC. 6. General Powers and Functions of the Commission. - The 
Commission shall have the following general powers and functions:  
 
(a) Investigate, on its own or on complaint by any party, all forms of 
human rights violations involving civil, political, as well as 
economic, social, and cultural rights; 
 
(E.O. 163 – Investigate on its own or on complaint by any party, all 
forms of human rights violations involving civil and political rights). 
 


 
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Economic, social and cultural rights are included because these 
can also be the subject of abuse in furtherance of the abuse of civil 
and political rights, and to prevent legal issues as to whether or 
not these rights are embraced in ‘civil’ rights. 
 
(b) Adopt its operational guidelines and rules of procedure, and cite for 
contempt for violations thereof in accordance with the Rules of 
Court; 
 
 
 
(E.O. 163 – Same). 
 
(c) Provide appropriate legal measures for the protection of human 
rights of all persons within the Philippines, as well as Filipinos 
residing abroad, and provide for preventive measures and legal aid 
services to the underprivileged whose human rights have been 
violated or need protection; 
 
 
 
(E.O. 163 – Same). 
(d) Exercise visitorial powers over jails, prisons, or other detention 
facilities; 
 
(E.O. 163 – Same, except the word ‘other’ is added because jails and 
prisons are also detention facilities). 
(e) Establish a continuing program of research, education, and 
information to enhance respect of human rights; 
 
(E.O. 163 – Establish a continuing program of research, education, and 
information to enhance respect for the primacy of human rights). 
The words ‘for the primacy’ are not present in the proposed Bill 
because the sole object of the Bill is respect and protection of 
human rights. 
(f) Recommend to Congress effective measures for the promotion and 
protection of human rights; 
 
(E.O. 163 – Recommend to Congress effective measures to promote human 
rights and to provide for compensation to victims of violations of human 
rights, or their families). 
The clause “and to provide for compensation to victims of 
violations of human rights, or their families” is not present in the 


 
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proposed Bill because providing for compensation may amount to 
an ‘appropriation’ which is the sole power of the HOR. 
(g) Monitor the Philippine Government’s compliance with international 
treaty obligations on human rights; 
 
(E.O. 163 – Same). 
(h) Grant immunity from prosecution to any person who gives to the 
Commission testimony, documents or other relevant and material 
evidence necessary or convenient in determining the truth in such 
investigation conducted by it, or under its authority, under this Act; 
(E-O. 163 - Grant immunity from prosecution to any person whose 
testimony or whose possession of documents or other evidence is 
necessary or convenient to determine the truth in any investigation 
conducted by it or under its authority). 
The proposed Bill is so worded in order to make it clear that to be 
entitled to immunity, the person must actually give his/her 
testimony, evidence or other documents and that such evidence 
must be material and relevant to the subject of the investigation 
being conducted under the Act. 
(i) Request the assistance of any office or agency in the government or 
in the private sector in the performance of its functions; 
 
(E.O. 163 – Request the assistance of any department, bureau, office or 
agency in the performance of its functions). 
 
 
‘department’ and ‘bureau’ are not present in the Proposed Bill 
because these are ‘limited’ terms and/or are already embraced in 
the words  ‘office’ or ‘agency’. The private sector is included to 
better serve the purpose of the investigation. 
 
(j) Appoint needed officers and employees in accordance with law for 
the full and effective implementation of this Act;  
 
(E.O. 163 – Appoint its officers and employees in accordance with law)’ 
 
The words ‘needed’ and the clause “for the for the full and 
effective implementation of this Act” are added as a safeguard to 


 
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the number and qualifications of officers and employees that 
may be appointed. 
 
(k) File cases with the Prosecutor’s Office or the Office of the 
Ombudsman when warranted by the evidence gathered in such 
investigations conducted; and 
 
(This is an NEW provision together with SECS. 7, 8, 9, 10 and 11). 
 
(l) Perform such other duties and functions as may be provided by  law. 
 
 
 
(E.O. 163 -Same). 
SEC. 7. Scope of Investigative Powers and Functions of the Commission. - The 
Commission shall investigate, upon complaint by any party or on its own, 
cases of human rights violations involving civil, political, economic, social, or 
cultural rights. In the exercise of its investigative function, the Commission 
shall have the power to: 
 
(a) Compel the attendance of witnesses and the production of evidence, 
take their testimony under oath or affirmation, and issue subpoenas 
duces tecum and/or ad testificandum;  
 
(b) Exhume and/or conduct autopsy on dead victims, and employ 
forensic science and forensic experts in making findings of human 
rights violations, in assessing the physical and mental conditions of 
living victims, and in the exhumation and/or conduct of autopsy on 
dead victims. 
 
(c) Require the assistance of any officer or employee of any office or 
instrumentality of the national or local government, government-
owned or controlled corporations, and those in the private sector; 
 
(d) Engage the services of lawyers or legal aid groups, medical 
organizations, as well as government agencies in the exercise and in 
the pursuit of its investigative functions;  
 
(e) Cite and punish for contempt any person for disobedience to the 
Commissions lawful order, directive or processes; and 
 


 
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(f) Perform such other powers as may be necessary or incidental for the 
effective exercise or conduct of its powers and functions. No 
restraining order or writ of injunction may be issued against the 
Commission in the exercise of its powers and functions, except by 
the Court of Appeals or the Supreme Court.  
 
 
SEC. 8.  Power to Dismiss Complaint. - The Commission may dismiss 
motu  proprio a complaint filed before it for investigation without prejudice to 
the filing thereof by the complainant before the Prosecutor’s Office or the 
Office of the Ombudsman, on any of the following grounds:  
 
(a) The complaint is outside of its jurisdiction;  
 
(b) The complaint is patently baseless, a mere harassment, reprisal or 
retaliation,  or made in bad faith; or  
 
(c)  Other lawful grounds as may be determined by the Commission.  
 
 
SEC. 9. Procedure. – In furtherance of its powers to investigate and to file 
cases of human rights violations involving civil, political, economic, social, 
and cultural rights under Sections 3(c) and 6(a) of this Act, the Commission 
shall observe the following procedure: 
 
(a) On investigations conducted motu proprio, the Commission:  
 
(i) 
Shall enter in its Docket the matter to be investigated 
giving it a Case Number; 
 
(ii) 
Shall gather evidence on the subject of investigation; 
 
(iii) 
May take the  testimonies of witnesses under oath; 
 
(iv) 
May issue subpoena duces tecum and/or ad 
testificandum to any person, natural or juridical who 
may have information or evidence  material and 
relevant to the subject of the investigation;  
 
(v) 
After completing its investigation, shall issue a 
resolution on the subject of the investigation which 
shall 
contain 
its 
 
recommendation 
and 
the 


 
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appropriate action that it intends to undertake as 
may be warranted;  
 
(vi) 
Shall, if the evidence gathered warrants, file the 
appropriate case(s) before the Prosecutor’s Office 
having territorial jurisdiction over the subject matter 
of the investigation or before the Office of the 
Ombudsman, as the case may be. Otherwise, the 
subject mater of the investigation shall be considered 
closed; and 
 
(vii) Shall keep and preserve in a secured place all 
evidence gathered in the course of the investigation.  
 
(b) On investigations conducted upon the Complaint of any 
person, the Commission: 
 
(i) 
Upon receipt of the Complaint shall mark the same 
as an Undocketed case; 
 
(ii) 
Shall evaluate the Complaint together with any 
evidence or document submitted therewith. If upon 
evaluation any of the grounds enumerated in Section 
8 of this Act exists, the Complaint shall be dismissed 
and the complainant shall be notified in writing of 
such dismissal stating with clarity the reason thereof; 
 
(iii) 
If the Complaint is not dismissed under Section 8 of 
this Act, shall proceed with the investigation 
following the procedure under Section 9 (a); and 
 
(iv) 
Shall furnish the complainant copy of the Resolution 
rendered. 
 
SEC. 10. Franking Privilege. - All official mail matters of the Commission 
for delivery within the Philippines shall be received, transmitted and 
delivered free of charge. 
 
SEC. 11. Appropriations. - In addition to the regular appropriations of 
the Commission, the sum of Two Hundred Million Pesos (P200,000,000.00) for 
the initial implementation of this Act shall be included in the Annual General 
Appropriations Act for the year following its enactment into law. Thereafter, 


 
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such sums as maybe necessary for the full implementation of this Act shall be 
included in the annual General Appropriations Act.  
 
SEC. 12. Separability Clause. - Should any provision of this Act or part 
hereof be declared unconstitutional, the other provisions or parts not affected 
thereby shall remain valid and effective.  
 
SEC. 13. Repealing Clause. - All laws, decrees, orders, rules and 
regulations and other issuances, or  portions thereof, which are inconsistent 
with the provisions of this Act, are hereby  repealed, amended or modified 
accordingly.   
 
SEC. 14. Effectivity Clause. - This Act shall take effect after fifteen (15) 
days from its complete publication in the Official Gazette or in two (2) 
newspapers of general circulation. 
 
 
Approved,