Republic of the PI
HOUSE OF REPRE!
‘Quezon City

SEVENTEENTH (17TH) CONGRESS
Regular Session

3722

House Bill No.

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT MANDATING THE COMMISS

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ING AND INVESTIGATING HU MAN RIGHTS VIOLATIONS COMMITTED
DURING LEGITIMATE POLICE OPERATIONS, AND AMENDING EXECUTIVE
ORDER NO. 163 THEREOF

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No less than the 1987 Constitution provides that “The State values the dignity of every
human person and guarantees full respect for human rights, (Sec. 11, Art. II)

It further provides that “The Congress shall give highest priority to the enactment of meas-
ures 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
seath and politcal power for the common good. (See. 1, Ar. XIII)

Ti sarus Consiitdion created tie iviependent Corsmsisionon Human Rights with a wide
investigative and supervisory mandate to ensure the protection of human rights of Filipino
citizens. (Sec. 18, Art. XUI)

It is further provided that Congress may provide for other cases of violations of human
tights that should fall within the authority of the Commission, taking into account its rec-
ommendations. (Sec, 19, Art. XIII)

On 5 May 1987, President Corazon Aquino enacted Executive Order No. 163, mirroring
the powers and functions of the Commission on Human Rights under the 1987 Constitu-

The current administration has taken significant steps in the war against drugs. Since | July
2016, over 700,000 drug users and pushers surrendered, and 3,295 suspected drug pushers
killed. Of those killed, 1,167 drug personalities have been killed in police operations, as of
20 September 2016

The rate at which suspected drug personalities have been killed as a result of legitimate
police operations has drawn the interest and rebuke of the international community, with


the United Nations and other States calling upon the Philippines to strengthen efforts to
ensure that the human rights of these drug personalities is protected.

We, the representatives of the people, are responsible to ensure that the rights of our con-
stituents are protected. While we welcome the expedient steps the administration is taking
against the scourge of drugs, the issue of human rights has been a continuously raised top-
ic. An all-too commonly heard police statement is that the drug personality fought back,
forcing our police officers to defend themselves.

We also understand and commend our courageous police officials of the Philippine Na-
tional Police, who are fighting a difficult war. Least of all their worries should be any
threat of prosecution for offences of human rights during the anti-drug operations.

‘The Commission on Human Rights and the Philippine National Police should be consi-
dered partners in the common endeavour of combatting illegal drugs and maintaining the
protection and sanctity of human rights.

It is for these purposes, that this bill seeks to establish an inter-agency task force for the
purpose of embedding agents of the Commission on Human Rights with the PNP. to prop-
erly document police activities during anti-drug operations, for the mutual protection of the
accused personalities and the police officers, and to ensure that the anti-drug war adheres
to the Philippines” obligations on the protection of human rights

It is my earnest hope that my colleagues in the House of Representatives and the Senate
see the virtue of this proposal, and approval of this bill is highly and earnestly recommend-
ed.



HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17TH) CONGRESS
Regular Session

3722

House Bill No__

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT MANDATING THE CREATION OF AN EMBEDDING INTER-AGENCY
TASK FORCE FOR THE PURPOSE OF EMBEDDING COMMISSION ON HU-
MAN RIGHTS AGENTS IN POLICE OPERATIONS IN ORDER TO PROPERLY
DOCUMENT AND INVESTIGATE HUMAN RIGHTS VIOLATIONS COMMIT-
D DURING LEGITIMATE POLICE OPERATIONS, AND AMENDING EX-

ECUTIVE ORDER NO. 163 THEREOF

Be at enacted in the Senate and House of Representatives of the Philippines im the Con-
gress assembled:

SECTION 1 Short Title, This Act shall be known as the “Embedded CHR Agent Act of
2016"

SECTION 2. Declaration of Policy.

Section 11, Article II of the 1987 Constitution provides that “The State values the dignity
of every human person and guarantees full respect for human rights.

Section 1, Article XII of the same Constitution mandates Congress to “... 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 in-
equalities by equitably diffusing wealth and political power for the common good,

Furthermore, Section 18, Article XIII of the same Constitution created the independent
Commission on Human Rights, providing it with investigative and supervisory powers to
ensure the protection of human rights of Filipino citizens

Additionally, Section 19, Article XIII provided that “Congress may provide for other cases
of violations of human rights that should fall within the authority of the Commission, tak-
ing into account its recommendations.”

Government has taken significant steps in the drive to combat the proliferation of illegal
drugs, a scourge that has affected hundreds of thousands of Filipinos nationwide. However,
the number of suspected drug personalities killed during legitimate police operations has
raised numerous human rights concerns locally and abroad


It is hereby declared as the policy of the State to provide priority measures that can help
ensure the protection of human rights during police operations, as well as ensuring the trea-
ty obligations of the Philippines in the protection of human rights are complied with

For this purpose, the government shall create an inter-agency task force for the purpose of
outlining the processes and procedures for the embedding of Commission on Human
Rights agents with the Philippine National Police, aimed at ensuring the protection of hu-
‘man rights of suspects as well as ensuring that the police officers conduct themselves in a

Proper manner so as not to subject themselves to situations that would have them liable for
violations of human rights.

SECTION 3. Definition of Terms. - For purposes of this Act, the following terms are he-
reby defined:
a) “CHR” - refers to the Commission on Human Rights.

b) “CHR Embedded Agent” - refers to an official of the CHR that is embedded with
the Philippine National Police to accompany the police during anti-drug operations

¢) “DILG” - refers to the Department of the Interior and Local Government

d) “DOS” - refers to the Department of Justice.

€) “IATF”~ refers to the Embedding Inter-Agency Task Force.

f) “BI” - refers to the National Bureau of Investigation.

g) “PNP” - refers to the Philippine National Police.

h) “Solicitor-General” = refers to the Office of the Solicitor-General
SECTION 4, Establishment of an Embedding Inter-Agency Task Force (IATF).An ine
ter-agency task force shall be established for the purpose of discussing and outlining the

processes and procedures of safely embedding CHR Embedded Agents within PNP anti-
drug operations, and the provision of trainmg and safety equipment thereto

SECTION 5. Composition of the Embedding Inter-Agency Task Force (IATF).

‘The IATF shall be composed of the PNP Director General, the CHR Chairman, the DILG
Secretary, the DOJ Secretary, Director of the NBI, and the Solicitor-General, or their au-
thorised representatives.

‘The IATF shall meet as early as practicable upon the passage of this Act, and shall outline
the processes and procedures for proper implementation of the purposes outlined in this
Act.

‘The CHR Chairman shall be the Chairperson of the ATF, with the PNP Director General
as Vice-Chairperson, and the DILG Secretary, DOJ Secretary, Director of the NBI, and the
Solicitor-General shall be the Members.


The IATF shall provide a joint report detailing the conduct of anti-drug operations and the
actions aimed at the protection of human rights during such operations. This report shall be
submitted to Congress once each year, at a date to be determined by the LATF.

SECTION 6. Functions. The IATF shall coordinate governmental programs on anti-drug
efforts and human rights initiatives, which shall include, but not limited to the following

a, Development and execution of strategies and schemes aimed at combatting illegal
drugs and balancing the human rights of alleged personalities,

b. Training of CHR agents to be embedded to accompany police officials in the conduct of
anti-drug operations:

c. Prosecution of private or public officials engaged in human rights violations during po-
lice operations; and

d. Preparation of an annual report to the Congress and to the President on the manner by
Which police operations were conducted taking human rights into consideration

SECTION 7. Powers. In pursuit of its functions as defined in the preceding section, the
IATF shall have the responsibility and authority to:

a, Conduct surveillance and entrapment operations of persons alleged to be engaged in the
manufacture, sale, transport, of use of illegal and illicit drugs, drug paraphernalia, drug
manufacture instruments, and any currency or other items of valuable consideration ob-
tained as a result of the manufacture, sale, transport, or use of such items:

b. Cause or direct the immediate investigation and speedy prosecution of cases involving
allegations of human rights violations committed during police anti-drug operations:
and

c. Pertorm other powers and functions as may be deemed necessary by the Chairperson
for the effective discharge of its mandate or as may be directed by the President

SECTION 8. Funding, All government agencies hereby declared part of the [ATF are au-
thorized to allocate from their existing funds such amounts as may be necessary for the ad-
ditional funding requirements that may be needed by the IATF, subject to the usual gov
emment accounting and auditing rules and regulations.

‘The President may, subject to his discretion, allocate additional funds for the LA'TF through
the General Appropriations Act.

SECTION 9. Separability Clause. in the event that any provision of this Act is declared
unconstitutional, invalid, or illegal, the constitutionality, validity, or legality of the re-
mainder of the provisions of this Act shall not be affected thereby.

SECTION 10. Repealing Clause.Ali laws, presidential decrees, letters of instructions,
executive orders, administrative orders. rules, regulations, and other issuances or parts the-


reof which are contrary to or inconsistent with the provisions of this Act are hereby re-
voked, repealed or modified accordingly.

SECTION 11 Effectivity. This Act shall take effect fifteen (15) days following the com-
pletion of its publication in any two (2) national newspapers of general circulation,

Approved,...