FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
7 
&I. 
-2 I) 1 ./ * 
First Regular Session 
) 
~~~~~~~/~~ 
BY 
S E N A T E  
Senate Bill No. 4 2 
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 I1 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 111 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. 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 JLJL -2 
j', 
1 16 '? 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 4 2 0 
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 
THE MILITARY, POLICE AND/OR OTHER LAW ENFORCEMENT AGENCIES 
AND FOR OTHER PURPOSES. 
Be it enacted by the Senafe and House of Representatives of the Philippines in 
Congress assembled: 
BY NON-COMBATANT INDIVIDUALS IN THE COURSE OF OPERATIONS BY 
SECTION I. Declaration 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 andlor other 
law enforcement agencies. 
SEC 2. Definition of Terms. -The following 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, andlor 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 
c) To deputize appropriate government agencies in order to effectively 
applications for claims, grant or deny the same; and 
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; 
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 
b) 
c) Where loss of or damage to property of a non-combatant individual is 
caused in the course of an operation conducted by themilitary, 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 accordingly. 
SEC. I O .  Effectivity Clause.- This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of national circulation. 
Approved.