RECEIVED

Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

REGISTRATION UN

SEVENTEENTH CONGRESS BULLS AND INDEX s,
ER VIC

First Regular Session

House Bill No. 913

Introduced by Representative Herminio Harry L. Roque, J.

AN ACT PROVIDING FOR A JOURNALIST PROTECTION, SECURITY AND
BENEFIT PROGRAM AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The killing of journalists is the worst form of censorship of the media. It is a
crime of murder and constitutes the most serious infringement of press freedom in the
country.

Since the EDSA People Power Revolution and the restoration of democracy in
the country in 1986, there have been 172 journalists killed in the line of duty in the
Philippines. The massacre of 58 people, including 32 media workers, in Maguindanao
province in 2009 holds the record for the “deadliest single-day attack anywhere in the
world on journalists.”

In fact, in 2015, the Philippines was tagged as the third deadliest country for
journalists, only after Iraq and Syria, where armed conflict is prevalent due to the
presence of the Islamic State of Iraq and Syria (ISIS).

This bill seeks to accord protection to journalists at risk. It defines journalists as
those who regularly impart information to the general public whether or not they
actually earn a living or not out of the practice. This is the definition given by the
United Nations Educational, Scientific and Cultural Organization (UNESCO).

HOUSE OF REPRESENTATIVES


The protections specified in this bill include the provision of a safe house,
provision of security personnel, as well the provision of health and educational
assistance to journalists at risk.

Under human rights law, the State is obliged to protect the right to life and the
freedom of expression. This bill seeks to comply with these state obligations. Ultimately,
this bill seeks to ensure that journalists have the right to work free from the threat of
violence and to ensure the right to freedom of opinion and expression for all.

HERMINIO HARRY L. ROQUE, JR.


SEVENTEENTH CONG! OF THE REPUBLIC )
OF THE PHILIPPINES. i
First Regular Session )

HOUSE OF REPRESENTATIVES
HB.No._ 913

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT PROVIDING FOR A JOURNALIST PROTECTION, SECURITY AND
BENEFIT PROGRAM AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1.Name of Act.- This Act shall be known as the "Journalist
Protection, Security and Benefit Act".

Section 2. Implementation of Program.- The Department of Justice, in
consultation with existing media groups, such as , but not limited to the National
Union of Journalists of the Philippines, the National Press Club and the Kapisanan
ng mga Brodkasters sa Pilipinas, hereinafter referred to as the Department, through
its Secretary, shall formulate and implement a "Witness Protection, Security and
Benefit Program’, hereinafter referred to as the Program, pursuant to and consistent
with the provisions of this Act.

The Department may call upon any department, bureau, office or any other
executive agency to assist in the implementation of the Program and the latter offices
shall be under legal duty and obligation to render such assistance.

Section 3. Admission into the Program. - Any journalist who has reasonable
grounds to believe that there exists a threat to his life or security, may be admitted
into the Program. For purposes of this Act, a journalist is one who regularly imparts
information to the general public, regardless of whether he or she receives
compensation for rendering such service.

If the Department, after examination of said applicant and other relevant
facts, is convinced that the requirements of this Act and its implementing rules and
regulations have been complied with, it shall admit said applicant to the Program,
require said journalist to execute a sworn statement detailing his knowledge or
information giving rise to the threat and thereafter issue the proper certification. For


Un wre

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purposes of this Act, any such person admitted to the Program shall be known as a
Protected Journalist.

Section 4. Memorandum of Agreement With the Person to be Protected. -
Before a person is provided protection under this Act, he shall first execute a
memorandum of agreement which shall set forth his responsibilities including:

a) to testify before and provide information to all appropriate law
enforcement officials concerning all appropriate proceedings in connection
with or arising from the perceived threat;

‘b) to avoid the commission of the crime;

c) to take all necessary precautions to avoid detection by others of the facts
concerning the protection provided him under this Act;

d) to comply with legal obligations and civil judgments against him;

e) to cooperate with respect to all reasonable requests of officers and
employees of the Government who are providing protection under this Act;
and

f) to regularly inform the appropriate program official of his current activities
and address.

Section 5. Breach of the Memorandum of Agreement. - Substantial breach of
the memorandum of agreement shall be a ground for the termination of the
protection provided under this Act: Provided, however, That before terminating
such protection, the Secretary of Justice shall send notice to the person involved of
the termination of the protection provided under this Act, stating therein the reason
for such termination

Section 6. Confidentiality of Proceedings.- All proceedings involving
application for admission into the Program and the action taken thereon shall be
confidential in nature. No information or documents given or submitted in support
thereof shall be released except upon written order of the Department or the proper
court.

Any person who violates the confidentiality of said proceedings shall upon
conviction be punished with imprisonment of not less than one (1) year but not more
than six (6) years and deprivation of the right to hold a public office or employment
for a period of five (5) years


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Section 7. Rights and Benefits. - The witness shall have the following rights

and benefits:/TC-ALF

(a) To have a secure housing facility until the threat, intimidation or
harassment disappears or is reduced to a manageable or tolerable level. When
the circumstances warrant, the Protected Journalist shall be entitled to
relocation and/or change of personal identity at the expense of the Program.
This right may be extended to any member of the family of the Witness
within the second civil degree of consanguinity or affinity.

(6) The Department shall, whenever practicable, assist the Protected Journalist
in obtaining a means of livelihood. The Journalist relocated pursuant to this
Act shall be entitled to a financial assistance from the Program for his support
and that of his family in such amount and for such duration as the
Department shall determine.

(c) In no case shall the Protected Journalist be removed from or demoted in
work because or on account of his absences due to his attendance before any
judicial or quasi-judicial body or investigating authority, including legislative
investigations in aid of legislation, in going thereto and in coming therefrom:
Provided, That his employer is notified through a certification issued by the
Department, within a period of thirty (30) days from the date when the
Witness last reported for work: Provided, further, That in the case of
prolonged transfer or permanent relocation, the employer shall have the
option to remove the Protected Journalist from employment after securing
clearance from the Department upon the recommendation of the Department
of Labor and Employment.

(da) To be provided with reasonable travelling expenses and subsistence
allowance by the Program in such amount as the Department may determine
for his attendance in the court, body or authority where his testimony is
required, as well as conferences and interviews with prosecutors or
investigating officers.

(c) To be provided with free medical treatment, hospitalization and medicines
for any injury or illness incurred or suffered by him while in this program in
any private or public hospital, clinic, or at any such institution at the expense
of the Program.

(f) If a Protected Journalist is killed, despite his participation in the Program,
his heirs shall be entitled to a burial benefit of not less than Five Hundred
Thousand Pesos(500,000.00) from the Program exclusive of any other similar
benefits he may be entitled to under other existing laws.

(g) In case of death or permanent incapacity, his minor or dependent children
shall be entitled to free education, from primary to college level in any state,


or private school, college or university as may be determined by the
Department, as long as they shall have qualified thereto.

(h) To be provided with security detail by the Philippine National Police or
any other law enforcement agency.

Section 8. Sworn Statement. - Before any person is admitted into the Program
pursuant to the next preceding Section he shall execute a sworn statement describing,
in detail the threat to his life or security. If after said examination of said person, his
sworn statement and other relevant facts, the Department is satisfied that the
requirements of this Act and its implementing rules are complied with, it may admit
such person into the Program and issue the corresponding certification.

Section 9. Rules and Regulations. - The Department shall promulgate such
rules and regulations as may be necessary to implement the intent and purposes of
this Act. Said rules and regulations shall be published in two (2) newspapers of
general circulation.

Section 10. Repealing Clause. - All laws, decrees, executive issuances, rules
and regulations inconsistent with this Act are hereby repealed or modified
accordingly.

Section 11. Funding. - The amount of Fifty million pesos (P50,000,000.00) is

hereby authorized to be appropriated out of any funds in the National Treasury not
otherwise appropriated to carry into effect the purpose of this Act.

Furthermore, other funding schemes or sources, subject to the limitations of
the law, shall be allowed in furtherance hereof.

Section 12. Separability Clause. - The declaration of unconstitutionality or
invalidity of any provision of this Act shall not affect the other provisions hereof.

Section 13. Effectivity.- This Act shall take effect after fifteen (15) days
following its publication in two (2) newspapers of general circulation.

Ma

Approved.