Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 28990

Introduced by Honorable Nur G. Jaafar

EXPLANATORY NOTE

It is the sacred duty of the State to preserve peace and order and to protect
society by ensuring the proper enforcement of the Constitution and other national
laws. But in the course of performing this mandated duty, military, police and/or other
law enforcement agencies’ operations to suppress rebellion or to pursue and/or
apprehend criminal elements, no matter how cautiously conducted, invariably cause
damage and injury upon innocent civilians and non-combatants.

The Philippines is one of the original signatories of the Universal Declarations
of Human Rights. Unfortunately, there is no existing government mechanism that
compensates for these damage and injury which come in the form of physical and/or
psychological injuries, death and/or destruction of properties

Hence, the proposed measure seeks to fill in this void in order to prove to the
citizenry that such damage and injury are inevitable consequences of the
governments’ duty to defend itself and protect its people.

Enactment of this bill into law is therefore earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.__2890

Introduced by Honorable Nur G. Jaafar

AN ACT
PROVIDING FOR REASONABLE COMPENSATION AND BENEFITS FOR THE
LOSS OF LIVES, INJURIES AND DAMAGES TO PROPERTY SUFFERED BY
NON-COMBATANT INDIVIDUALS IN THE COURSE OF OPERATIONS BY THE
MILITARY, POLICE AND/OR OTHER LAW ENFORCEMENT AGENCIES AND FOR
OTHER PURPOSES

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

SECTION 1. Declaration of Policy. It shall be the policy of the State to provide
compensation to and rehabilitation of non-combatant individuals caught in the
crossfire of operations by the military, police and/or other law enforcement agencies
and their families and who suffered damage to property, physical injuries or death

SECTION 2. Definition of Terms. The following terms used in this Act are defined, as
follows:

Non-combatant victims shall be those individuals who have not directly and/or
actually participated in an armed confrontation or those persons who have not
directly caused the encounter involving the military, police and/or other law
enforcement agencies. Civilian officials and personnel of the government of the
Philippines who have not directly and/or actually participated in the aforementioned
armed confrontation shall be deemed included in the term non-combatant
individuals.

An operation by the military, police and/or other law enforcement agencies
shall be deemed unlawful when it is conducted in such way that there is absolutely
no justification for its undertaking and/or it is 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


SECTION 3. The Board of Compensation and Rehabilitation; Composition, 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
fone (1) chairman to be appointed by the Chair of the Commission and four (4)
members representing the Department of Social Welfare and Development (DSWD),
the Department of National Defense (DND), the Department of Interior and Local
Government (DILG), and the human rights non-governmental organizations (NGO's)
and people's organization (PO's)

The Board shall have the following powers and functions:
(a) receive, evaluate, process and investigate applications for claims under this Act;

(b) conduct an independent administrative hearing and resolve applications for
claims, grant or deny the same; and,

(c) deputize appropriate government agencies in order to effectively implement its
functions.

SECTION 4. Compensation and Rehabilitation of Non-combatant Victims. The law
enforcement agency/ies conducting the operation, the Department of Social Welfare
and Development (DSWD), the Department of Health (DOH), the corresponding
government hospital and the local government unit concerned shall provide
immediate relief non-combatant individuals who are victims of operations of the
military, police and/or other law enforcement agencies. However, whatever amount a
particular local government unit might shell out to fulfil 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 (P 50,000.00) shall be granted to the legal
heirs of the victim by way of a death benefit

(b) Where physical, emotional and/or psychological injury is caused to a non-
‘combatant individual in the course of an operation conducted by the military,
police and/or other law enforcement agencies, the Board shall pay the victim the
coast of hospitalization and other related and consequential damages resulting
from such injury; and

(c) Where loss of or damage to property of a non-combatant individual is caused in
the course of an operation conducted by the military, 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.


SECTION 5. Liability of Concerned Law Enforcement Agency. Where the operation
conducted by the military, police and/or other law enforcement agencies falls under
section Section 2, paragraph b of this Act, the concemed 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/or directly participated in the
operation shall be prosecuted, charged and held liable before criminal court.

SECTION 6. Appropriations. The amount necessary to carry out the provision of this,
Act shall be charged against the current year's saving of the law enforcement
agencies concerned. Thereafter, such sums as may be needed for the continued
implementation of this'Act shall be included in the annual general appropriations.

SECTION 7. Implementing Rules and Regulations. The Commission on Human
Rights (CHR), in consultation, coordination and collaboration with the Department of
Social Welfare and Development (DSWD), the Department of National Defense
(OND), the Department of Interior and Local Government (DILG), and human rights
non-governmental organizations (NGO's) and people's organizations (PO's), shall
prepare the implementing rules and regulations necessary to carry out the provisions
of this Act

SECTION 8. Repealing Clause. All laws or any part thereof, inconsistent herewith
are deemed repealed or modified accordingly.

SECTION 9. Effectivily. This Act shall take effect fifteen (15) days upon its
publication in at least two (2) newspaper of national circulation

Approved,