EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
)
)
SENATE 
S.B. No. 1948
HtCElVe
E-FILED
^u6
5 D A TE:__ P,ecJ4,2p2^
Ttr.iE:.,.....9;0Q a.m
NDt X
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
DESIGNATING THE COMMISSION ON HUMAN RIGHTS (CHR) AS THE 
NATIONAL PREVENTIVE MECHANISM (NPM) IN COMPLIANCE WITH THE 
OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER 
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (OPCAT) 
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Article II, Section 11 of the 1987 Constitution declares it a State policy of the 
Republic of the Philippines to value the dignity of every human person and to guarantee 
full respect for human rights. In line with this policy, the Republic of the Philippines either 
is a State Party to or, in the case of the Universal Declaration of Human Rights (UDHR), 
voted in fevor of, various international human rights instruments and conventions that 
prohibit the use of torture and other cruel, inhuman, or degrading treatment or 
punishment, such as the aforementioned UDHR, the International Convention on Civil and 
Political Rights (ICCPR), and the United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
Furthermore, the Republic of the Philippines acceded to the Optional Protocol to 
the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (OPCAT) on April 17,2012, which requires under Part I, Article 3 thereof that 
each State Party thereto "shall set up, designate or maintain at the domestic level one or 
several visiting bodies for the prevention of torture and other cruel, inhuman or degrading 
treatment or punlshment.,, More specifically. Part IV, Article 17 stated that [e]ach State 
Party shall maintain, designate or establish, at the latest one year after the entry into 
force of the present Protocol or of its ratification or accession, one or several independent 
national preventive mechanisms for the prevention of torture at the domestic level. 
Mechanisms established by decentralized units may be designated as national preventive 
mechanisms for the purposes of the present Protocol if they are in conformity with its 
provisions." This mechanism Is referred to as a National Preventive Mechanism (NPM).
It has been more than 7 years since the Philippines acceded to the OPCAT, but ^e 
Philippines still does not have a NPM. Consequently, the Philippines is on _^e 
Subcommittee on Prevention of Torture and Other Cruei,
Treatment or Punishment of the United Nations Commltt^ ag^st Torture s list of States 
whose compliance with Part IV, Article 17 of the OPCAT is substantially overdue^
Thus, this bill seeks to comply with the aforementioned obligation of the
“‘Article 
17.” United Nations Human Rights: Office of
https://www.ohchr.ofg/EN/HRBodies/OPCAT/Pagcs/Articlel7.aspx.
1
the High Commissioner,


Philippines. Tills bill seeks to designate the CHR as the NPM of the Philippines since the 
CHR, as the National Human Rights Institution (NHRI) of the Philippines In accordance 
with the 1993 Paris Principles, and as befitting Its visitorlal mandate under the 1987 
Constitution, Executive Order No. 163, s. 1987, and other related laws, is the Independent 
body best suited to perform the functions of the NPM of the Philippines vls-^i-vls the 
OPCAT.
The CHR has been conducting unannounced and unrestricted visits to places of 
deprivation of liberty pursuant to Its visitorlal mandate under Article XIII, Section 18 (4) 
of the 1987 Constitution; Section 3 (4) of Executive Order No. 163, s. 1987; Section 11 
of the Implementing Rules and Regulations of Republic Act No. 9745, otherwise known 
as the Anti-Torture Act of 2009; and Section 13 of Republic Act No. 10353, otherwise 
known as the Anti Enforced or Involuntary Disappearance Act of 2012. However, such 
visits are mainly investigative or monitoring in nature, not preventive as Is required of an 
NPM.
Designating the CHR as the NPM will enhance its visitorlal powers as it will now 
look Into the preventive aspect against torture and other cruel, inhuman, or degrading 
treatment or punishment in places of deprivation of liberty to help develop policies and 
support the improvement of places of deprivation of liberty that respect the basic human 
rights of persons deprived of liberty. This Is because while the CHR Initially focused only 
on monitoring visits to places of deprivation of liberty, it has come to realize that torture 
prevention needs a different and more holistic approach. Torture prevention entails 
understanding the various causes of torture, whether Institutional, normative, political, 
cultural, or soclo-economlcal, and, correspondingly, addressing such causes through a 
wide range of actions, such as legal reform, ensuring criminal responsibility and 
safeguards In detention, fighting against Impunity, and ensuring remedies and 
reparations.
Furthermore, by establishing the NPM as a separate division within the CHR with 
Its own budget and personnel, this bill would also help delineate between the investigative 
and preventive aspects of visits to places of deprivation of liberty by the CHR. However, 
It should be noted that this delineation and the designation of the CHR as the NPM merely 
alms to complement, not replace, the CHR's current visitorlal mandate.
As of now, the CHR is developing a possible template of the NPM with the CHR as 
the lead with representatives from experts and civil society organizations (CSOs) as 
members. This Initiative aims to create a model and a Manual of Operations on how an 
NPM should be structured and operationalized. Such a structure and operations are 
embodied in this proposed bill.
In view of the foregoing, the Immediate passage of this bill is earnestly sought.
RISAHONTIVEROS V 
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
)
)
SENATE 
S.B. No. 1948
FILED
TIME
tcib IIMDEX
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
DESIGNATING THE COMMISSION ON HUMAN RIGHTS (CHR) AS THE 
NATIONAL PREVENTIVE MECHANISM (NPM) IN COMPLIANCE WITH THE 
OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER 
CRUEL/ INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (OPCAT) 
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Phiiippines in Congress 
assembied:
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Section 1. Short Titie. - This Act shall be known as the "Nationai Preventive
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Mechanism (NPM) Act."
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Sec. 2. Statement ofPoiicy. - It is hereby declared the policy of the State to;
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a. Adopt the generally accepted principles of international law, which include
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the prohibition of torture, as part of the law of the land;
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b. Value the dignity of every human person and guarantee full respect for
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human rights;
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c. Ensure that the human rights of all persons, especially persons deprived of
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liberty, are respected at all times and that no person placed under
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investigation or held in custody by any person in authority or his/her agent
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shall be subjected to physical, psychological, or mental harm, force,
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violence, threat, intimidation, or any act that impairs his/her free will or in
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any manner demeans or degrades human dignity;
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d. Adopt a human rights-based approach in the prevention of torture;
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e. Ensure that secret detention places, solitary, incommunicado, or other
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similar forms of detention where torture may be carried out with impunity
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are prohibited; and
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f. Fully adhere to the principles and standards on the absolute condemnation
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and prohibition of torture as provided for in the 1987 Constitution, Republic
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Act (RA) No. 9745 (the Anti-Torture Act of 2009), and the various
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international human rights instruments and conventions to which the
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Philippines either is a State Party to or voted in favor of, such as, but not
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limited to, the Universal Declaration on Human Rights (UDHR), the
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International Covenant on Civil and Political Rights (ICCPR), the
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Convention on the Rights of the Child (CRC), the Convention on the Rights
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of Persons with Disabilities (CRPD), the United Nations Convention Against
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Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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(UNCAT), and the Optional Protocol to the Convention Against Torture and
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Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
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Sec. 3. DeFinition of Terms. - For the purposes of this Act, the following terms
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shall mean:
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a. Agent of a person in authority refers to any person who, by direct provision
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of law, election, or by appointment or employment by a competent
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authority, whether public or private, is charged with the maintenance of
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public order and the protection and security of life and property, including
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any person who acts for or on behalf of, assists, represents, or comes to
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the aid of persons in authority;
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b. Deprivation of iiberty refers to any form of detention or imprisonment or
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the placement of a person in a public or private custodial setting which that
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person is not permitted to leave at will by order of any judicial,
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administrative, or other authority;
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c. Other cruei, inhuman, or degrading treatment or punishment refers to a
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deliberate or aggravated treatment or punishment inflicted by a person in
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authority or agent of a person in authority against a person under his/her
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custody which attains a level of severity causing suffering, gross humiliation
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or debasement to the latter;
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d. Person deprived of iiberty refers to any person placed in any form of
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detention or imprisonment or in a public or private custodial setting where
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the said person is not permitted to leave at will by order of any judicial,
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administrative, or other authority;
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e. Person in authority refers to any person directly vested with jurisdiction,
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whether as an individual or as a member of a court or government
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corporation, board, or commission or any person in charge of, managing,
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or with administrative supervision and/or control over a place of deprivation
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of liberty;
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f. Place of deprivation of iiberty refers to any place of detention,
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imprisonment, or the placement of a person in a public or private custodial


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setting under or within the jurisdiction and control of the Philippines where 
persons are or may be deprived of their liberty by virtue of an order given 
by a public authority, at his/her instigation, or with his/her consent or 
acquiescence.
Places of deprivation of liberty shall also include, but shall not be limited to, 
unofficial places of detention where persons are suspected of being illegally 
detained or not permitted to leave the same at will by order of any judicial, 
administrative, or other authority and any other place in which the NPM 
believes that there may be persons deprived of their liberty.
The term shall also encompass traditional and non-traditional physical 
spaces of detention, whether moving or stationary, temporary or 
permanent, formally or informally used as detention facilities, or maintained 
or managed by public or private authorities under regulation by the 
Government. The term shall include, but shall not be limited to, the 
following examples:
1) Municipal jails;
2) City jails;
3) District jails;
4) Sub-provincial jails;
5) Provincial jails;
6) Police custodial centers;
7) Detention facilities;
8) Correctional facilities;
9) Barangayho\d\r\g centers;
10) National penitentiaries;
11) Penal colonies;
12) Youth homes;
13) Rehabilitation centers for the youth or Bahay Pag-Asar,
14) Bahay SHangarr,
15) International ports and airports;
16) Immigration detention centers;
17) Psychiatric institutions;
18) Care homes for older persons;
19) Security or intelligence service facilities;
20) Military forts and camps;
21) Other facilities under military jurisdiction;


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22) Places of administrative detention;
23) Means of transport for the transfer of prisoners;
24) Hospitals;
25) Home-based or medical/health-related detention facilities;
26) Drug rehabilitation centers; and
27) Other similar or makeshift places of confinement where persons 
confined thereat are not permitted to leave at will;
g. Reprisal refers to an act or omission attributable to authorities or officials 
of a State who order, carry out, permit or tolerate any sanction against any 
person or organization for having communicated with the NPM or for having 
provided the NPM with any information, irrespective of its accuracy;
h. Subcommittee on the Prevention of Torture (SPT) refers to the United 
Nations Subcommittee on the Prevention of Torture and Other Cruei, 
Inhuman, or Degrading Treatment or Punishment estabiished under the 
OPCAT;
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Torture refers to an act by which severe pain or suffering, whether physical 
or mental, is intentionally inflicted on a person for such purposes as 
obtaining from him/her or a third person information or a confession, 
punishing him/her for an act he/she or a third person has committed or is 
suspected of having committed, or intimidating or coercing him/her or a 
third person, or for any reason based on discrimination of any kind, when 
such pain or suffering is inflicted by or at the instigation of or with the 
consent or acquiescence of a person in authority or agent of a person in 
authority. It does not include pain or suffering arising only from, inherent 
in, or incidental to lawful sanctions;
j. 
Unannounced visits refers to visits that may be conducted at any time and 
without prior notice or authorization, unless specifically prohibited by a 
court; and
k. Unrestricted access refers to free access to the following, unless specifically 
prohibited by a court:
1) All persons deprived of their iiberty, with the opportunity to have 
private interviews with them without witnesses, either personaliy or 
with a translator, if deemed necessary;
2) Ali custodial personnel involved in or relevant to the treatment of 
persons deprived of their liberty;


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3) Any other person involved in or relevant to the treatment of persons 
deprived of their liberty;
4) Any other person or source which the NPM believes to have relevant 
information;
5) All information concerning the number of persons deprived of their 
liberty in places of deprivation of liberty, as well as the number of such 
places and their locations;
6) All information referring to the treatment and conditions of persons 
deprived of their liberty; and
7) All places of deprivation of liberty and their installations and facilities. 
Unrestricted access includes the liberty on the part of the NPM to choose the places that 
it may want to visit and the persons that it may wish to interview.
Sec. 4. Designation. - The CHR is hereby designated as the NPM of the Philippines 
vis-a-vis the OPCAT. The NPM shall be made up of 11 members, which shall include the 
4 Commissioners and the Chairperson of the CHR, as mentioned in Section 7 (a) of this 
Act.
Sec. 5. Powers and Functions of the CHR as the NPM. - The NPM shall have the 
following powers and functions:
a. To conduct regular and unannounced visits to places of deprivation of 
liberty in order to prevent torture and other cruel, inhuman, or degrading 
treatment or punishment.
In conducting such visits, the NPM shall consider requests for visits by civil 
society groups or any other entities or individuals recommending policy, 
procedural, or practical reforms in places of deprivation of liberty;
b. To examine and assess during visits the custodial policies, procedures, 
practices, and all other aspects relevant to the treatment and living 
conditions of persons deprived of liberty in order to identify the risks that 
give rise to torture and other cruel, inhuman, or degrading treatment or 
punishment and to find ways to improve such persons' well-being and 
protect their rights;
To examine and review national laws, policies, and procedures that relate 
to the treatment, well-being, and rights of persons deprived of liberty and 
to propose their amendment or repeal or the enactment of new laws with 
the view of strengthening the protection against torture and other cruel, 
inhuman, or degrading treatment or punishment;
c.


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d. To submit to Congress and to the President its observations, 
recommendations, and proposals relating to the rights and protection of 
persons deprived of their liberty and provide other relevant authorities with 
the same for the latter to undertake the necessary implementation 
measures;
e. To refer for investigation to the investigative arm of the CHR or other 
appropriate investigative agencies of the Government, with the consent of 
the complaining person deprived of liberty, or anyone on his/her behalf, if 
the complaint is not made anonymously, any factual incident of torture and 
other cruel, inhuman, or degrading treatment or punishment or other 
human rights violations or abuses it may discover during its visits;
f. To refer to the witness protection program of the CHR: (1) any complaining 
person deprived of liberty whose complaint concerns any factual incident 
of torture and other cruel, inhuman, or degrading treatment or punishment 
or other human rights violations or abuses the NPM may discover during 
its visits; (2) whistleblowers or other witnesses regarding the same; and 
(3) the immediate family thereof if the safety of the said people cannot be 
ensured in any other way;
g. To work, where appropriate, in cooperation or consultation with any person 
or entity, whether public or private, in connection with the discharge of 
any of its functions under this Act and the OPCAT;
h. To publish information relative to its preventive monitoring functions, 
specifically on matters mentioned in Paragraphs (a), (b), (c), (d), and (e) 
of this Section, when circumstances so warrant and with due prudence: 
Provided, That the NPM, having high regard for its rules and regulations 
relative to confidentiality and informed consent, may determine what 
information shall be considered confidential and not to be made public: 
Provided further, That any public statement or publication issued shall be 
balanced, fair, and true: Provided further. That the NPM shall not publish 
or make known any sensitive personal data relating to any person without 
that person's express consent: Provided finaiiy, That this provision shall be 
in accordance with Section 16 of this Act and ail existing and future laws 
on confidentiality and security of sensitive personal information and data, 
such as but not limited to, RA No. 10173, otherwise known as the Data 
Privacy Act of 2012;


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i. To submit independent reports to the United Nations (UN) Committee
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Against Torture and/or the SPT regarding the implementation of the
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Republic of the Philippines' obligations under the UNCAT and the OPCAT;
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j. To promote public awareness through the publication and dissemination
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of information and education materials on its work as the NPM, the right
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to be free from torture and other cruel, inhuman, or degrading treatment
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or punishment, and the rights of persons deprived of liberty;
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k. To train and capacitate the relevant authorities charged with the treatment
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of persons deprived of liberty and management of places of deprivation of
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liberty; and
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1. To submit to Congress and to the President an independent annual report
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to be received, published, and disseminated by the Government, which
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shall include a report to Congress on annual budget and expenditures.
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Sec. 6. Guarantees to the CHR as the NPM. - All branches, subdivisions,
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departments, and agencies or instrumentalities of the Government and relevant private
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institutions shall guarantee the NPM the following:
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a. Full and unrestricted access to all information concerning the number of
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persons deprived of liberty in places of deprivation of liberty, as well as the
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number of such places and their locations: Provided, That this provision
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shall be in accordance with Section 16 of this Act;
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b. Full and unrestricted access to all information referring to the treatment and
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conditions of persons deprived of liberty: Provided, That this provision shall
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be in accordance with Section 16 of this Act;
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c. Full and unrestricted access to all places of deprivation of liberty and their
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installations and facilities: Provided, That this provision shall be in
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accordance with Section 16 of this Act;
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d. Liberty to conduct private interviews with persons deprived of liberty
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without recording or monitoring by the persons in authority, or agents
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thereof, who are in charge of places of deprivation of liberty, either
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personally or with a translator, if deemed necessary, as well as with any
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other person who, in the view of the NPM, possesses relevant information;
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e. Liberty to choose the places to visit and persons to interview and when
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these should take place;
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f. That its officers and personnel may be accompanied by experts designated
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by the NPM on visits to places of deprivation of liberty;


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g. Freedom to determine its own reievant ruies and procedures, inciuding its 
program of visits;
h. That the reievant authorities shail be required to examine its 
recommendations as the NPM and to enter into dialogues with the same to 
discuss and agree on possible implementation and the corresponding 
reporting measures;
i. That the relevant authorities shall be required to fulfill recommendations of 
the NPM by implementing the agreed upon measures accordingly;
j. That the relevant authorities shall immediately file and pursue the 
appropriate administrative, civil, and/or criminal cases against individuals 
and/or authorities who refuse to cooperate with the NPM as it undertakes 
its mandate under both this Act and the OPCAT;
k. That the NPM shall enjoy complete financial and operational autonomy and 
independence when carrying out its functions under both this Act and the 
OPCAT; and
l. It will be mandatory for Congress to provide adequate resources to the NPM 
in order to permit its effective operation in accordance with the 
requirements of the OPCAT.
Section 7. Composition of the NPM and Qualifications of the Members Thereof. -
a. The NPM, which shall be an independent and collegial body, shall be 
composed of the following:
1) The 4 Commissioners and the Chairperson of the CHR, with the 
Chairperson of the CHR sitting as the Presiding Officer of the NPM;
2) Four (4) experts representing any four (4) of the following 
professions or other related fields:
aj Criminal Law;
b) Medicine;
c) Psychiatry;
d) Psychology;
e) Social Work;
f) Architecture; and
g) Engineering;
3) One (1) representative from a non-governmental organization 
(NGO) operating in the Philippines for at least five (5) years and 
advocating for human rights, preferably focusing on anti-torture 
work and/or upholding the rights of persons deprived of liberty; and


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4) One (1) person with prior professional experience regarding 
administration of places of deprivation of liberty.
b. The NPM shall strive to have at least one (1) member each come from 
Luzon, Visayas, and Mindanao.
c. The NPM shali strive to have balanced gender representation and have 
adequate representation of ethnic and minority groups in its membership 
on the basis of the principles of equality and non-discrimination.
d. The qualifications of the members of the NPM shall be the following:
1) The four (4) experts as mentioned in Paragraph (a) (2) of this 
Section shall:
a) Be Filipino citizens;
b) Have been practicing their respective professions for at least 
seven (7) years;
c) Be recognized and respected members of their respective 
professionai organizations;
d) Possess high moral character, recognized probity, 
competence, and integrity;
e) Be defenders and promoters of human rights in both their 
professional and personal capacities; and
f) Have no record of any human rights violation(s).
Preference will be given to members of the aforementioned 
professions who are knowledgeable about matters related to 
detention and the administration of justice.
Special consideration will also be given to members of the 
aforementioned professions who have an understanding of 
the penal situation in the Philippines, particularly penal 
structural conditions, organizational processes, culture, and 
the effects of Imprisonment.
2) The representative from the NGO must be a Filipino citizen; a 
recognized human rights defender nominated by an NGO operating 
in the Philippines for at least five (5) years and advocating for 
human rights, preferably focusing on anti-torture work and/or 
upholding the rights of persons deprived of liberty; and a human 
rights expert with experience working on both the issues of torture


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and the rights of persons deprived of liberty and visiting piaces of
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deprivation of liberty.
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3) The member with prior professional experience regarding
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administration of piaces of deprivation of liberty must be a Fiiipino
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citizen, a Bachelor's Degree holder who has experience as a
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detention authority, and have a good track record in administration
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of places of deprivation of liberty and no record of human rights
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violation(s), both in his/her professionai and personal capacity.
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He/She shouid have an understanding of the penai situation in the
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Phiiippines, particulariy penal structural conditions, organizational
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processes, culture, and the effects of imprisonment.
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e. The members of the NPM shall not, during their tenure, hold any other
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office or employment in the Government or any subdivision, agency, or
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instrumentaiity thereof, inciuding government-owned and/or controiied
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corporations (GOCCs) or their subsidiaries. Neither shaii they engage in the
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practice of any profession or the active management or control of any
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business which, in any way, may be affected by the functions of their office.
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Sec. 8. Nomination, Selection, and Appointment of the Members of the NPM. -
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The members of the NPM shaii be appointed by the 4 Commissioners and the Chairperson
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of the CHR through the foilowing processes:
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a. The 4 Commissioners and the Chairperson of the CHR shall sit as ex officio
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members of the NPM;
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b. The four (4) experts mentioned in Section 7 (a) (2) of this Act shaii be
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appointed, preferabiy from the list of nominees provided by their respective
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professionai organizations through their own internal nomination processes;
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c. The representative from an NGO shaii be appointed, preferably from a list
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of nominees provided by NGOs operating in the Phiiippines for at least five
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(5) years and advocating for human rights, preferably focusing on anti-
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torture work and/or upholding the rights of persons deprived of iiberty. The
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said NGOs shaii prepare the aforementioned iists through their own internal
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nomination processes;
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d. The member with prior professional experience regarding administration of
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piaces of deprivation of liberty shaii be appointed, preferabiy from the iist
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of nominees provided by the Bureau of Jaii Management and Penology
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(BJMP) or the Bureau of Corrections (BUCOR);
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e. The nomination and seiection process shaii commence after the preparation
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of the guidelines therefor and the dissemination of these guidelines to the
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appropriate and relevant professional and cause-oriented organizations;
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and
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f. The 4 Commissioners and the Chairperson of the CHR shall convene to
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deliberate on the nominations submitted by these organizations and shall
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issue the necessary appointments to the qualified individuals in an oath-
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taking ceremony before the 4 Commissioners and the Chairperson of the
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CHR.
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Sec. 9. Composition of the Technical Working Group (TWG) and Qualifications of
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the Mem bets Thereof. -
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a. The composition of the TWG will parallel that of the NPM. As such, the
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TWG shall be composed of the following:
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1) The five (5) representatives of the 4 Commissioners and the
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Chairperson of the CHR, with the TWG representative of the
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Chairperson of the CHR sitting as the Presiding Officer of the TWG;
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2) Four (4) experts representing any four (4) of the following
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professions or other related fields:
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a) Criminal Law;
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b) Medicine;
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c) Psychiatry;
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d) Psychology;
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e) Social Work;
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f) Architecture; and
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g) Engineering;
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3) One (1) representative from an NGO operating in the Philippines and
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advocating for human rights, preferably focusing on anti-torture
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work and/or upholding the rights of persons deprived of liberty; and
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4) One (1) person with prior professional experience regarding
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administration of places of deprivation of liberty.
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b. The TWG shall strive to have at least one (1) member each come from
32 
Luzon, Visayas, and Mindanao.
33 
c. The TWG shall strive to have balanced gender representation and have
34 
adequate representation of ethnic and minority groups in its membership
35 
on the basis of the principles of equality and non-discrimination.
36 
d. The qualifications of the members of the TWG shall be the following:
II


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10
n
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24
25
26
27
28
29
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31
32
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34
35
36
1) The four (4) experts as mentioned in Paragraph (a) (2) of this Section 
shaii:
a) Be Fiiipino citizens;
b) Have been practicing their respective professions for at least 
seven (7) years;
c) Be recognized and respected members of their respective 
professional organizations;
d) Possess high moral character, recognized probity, competence, 
and integrity;
e) Be defenders and promoters of human rights in both their 
professional and personal capacities; and
f) Have no record of any human rights vioiation(s).
Preference shaii be given to members of the aforementioned 
professions who are knowledgeable about matters related to 
detention and the administration of justice.
Special consideration wiii also be given to members of the 
aforementioned professions who have an understanding of the 
penal situation in the Phiiippines, particularly penal structural 
conditions, organizational processes, culture, and the effects of 
imprisonment.
2) The representative from the NGO must be a Filipino citizen; a 
recognized human rights defender nominated by an NGO operating 
in the Phiiippines for at ieast five (5) years and advocating for human 
rights, preferably focusing on anti-torture work and/or uphoiding the 
rights of persons deprived of liberty; and a human rights expert with 
experience working on both the issues of torture and the rights of 
persons deprived of iiberty and visiting places of deprivation of 
iiberty.
3) The member with prior professional experience regarding 
administration of places of deprivation of iiberty must be a Fiiipino 
citizen and have a Bachelor's Degree holder who has experience as 
a detention authority, a good track record in administration of piaces 
of deprivation of liberty, and no record of human rights violation(s), 
both in his/her professionai and personai capacity. He/She should 
have an understanding of the penai situation in the Phiiippines,
12


1 
particularly penal structural conditions, organizational processes,
2 
culture, and the effects of imprisonment.
3 
e. The members of the TWG shall not, during their tenure, hold any other
4 
office or employment in the Government or any subdivision, agency, or
5 
instrumentality thereof, including GOCCs or their subsidiaries. Neither shall
6 
they engage in the practice of any profession or the active management
7 
or control of any business which, in any way, may be affected by the
8 
functions of their office.
9 
Sec. 10. Nomination, Selection, and Appointment of the Members of the TWG. -
10 
The members of the TWG shall either be appointed, or their designations confirmed by
11 
the 4 Commissioners and the Chairperson of the CHR through the following processes:
12 
a. The five (5) representatives of the 4 Commissioners and the Chairperson
13 
of the CHR shall be appointed by their respective principals from the 4
14 
Commissioners and the Chairperson of the CHR;
15 
b. The four (4) TWG experts mentioned in Section 9 (a) (2) of this Act shall
16 
be designated by the four (4) NPM experts mentioned in Section 7 (a) (2)
17 
of this Act. Each NPM expert will designate his/her counterpart in the TWG,
18 
with the said TWG counterpart coming from the same profession as the
19 
NPM expert. Furthermore, in making the designation, each NPM expert
20 
shall take into consideration the nominees provided by their respective
21 
professional organizations through their own internal nomination
22 
processes. The said designations will then be forwarded to the 4
23 
Commissioners and the Chairperson of the CHR for confirmation;
24 
c. The TWG representative from an NGO shall be designated by the NPM
25 
representative mentioned in Section 7 (a) (3) of this Act. In making the
26 
designation, the NPM representative shall take into consideration the
27 
nominees provided by NGOs operating in the Philippines for at least five
28 
(5) years and advocating for human rights, preferably focusing on anti-
29 
torture work and/or upholding the rights of persons deprived of liberty,
30 
through their own internal nomination processes. The said designation will
31 
then be forwarded to the 4 Commissioners and the Chairperson of the CHR
32 
for confirmation;
33 
d. The TWG member with prior professional experience regarding
34 
administration of places of deprivation of liberty shall be designated by the
35 
|\jpf4 member mentioned in Section 7 (a) (4) of this Act. In making the
36 
designation, the NPM member shall take into consideration the nominees
13


1 
provided by the BJMP or the BUCOR. The said designation wiil then be
2 
forwarded to the 4 Commissioners and the Chairperson of the CHR for
3 
confirmation;
4 
e. The appointment and/or designation process shall commence after the
5 
NPM is constituted and the preparation of the guidelines therefor; and
6 
f. The 4 Commissioners and the Chairperson of the CHR shall convene to
7 
deliberate on both the appointments of their respective representatives in
8 
the TWG and the confirmation of the designations of the other NPM
9 
members' respective TWG representatives and shall issue the necessary
10 
appointments to the qualified individuals in an oath-taking ceremony
11 
before the 4 Commissioners and the Chairperson of the CHR.
12 
Sec. 11. Term of Office. - The 4 Commissioners and the Chairperson of the CHR,
13 
who shall sit as ex officio members of the NPM, shall serve as members of the NPM for
14 
the entirety of their respective tenures as the 4 Commissioners and the Chairperson of
15 
the CHR.
16 
The members of the NPM specified in Section 7 (a) (2) - (4) of this Act shall serve for a
17 
term of three (3) years with the possibility of only one (1) reappointment. To ensure that
18 
the NPM is a continuing body, the first batch of appointments shall be on a staggered
19 
basis. The first two (2) members to be appointed shall hold office for three (3) years, the
20 
next two (2) members to be appointed shall hold office for two (2) years, and the last
21 
two (2) members to be appointed shall hold office for one (1) year. Succeeding
22 
appointments shall serve for three (3) years with the possibility of only one (1)
23 
reappointment.
24 
The tenure of the members of the TWG shall be coterminous with that of their respective
25 
appointing or designating principals in the NPM.
26 
In no case shall the members of the NPM or the TWG be appointed, reappointed, or
27 
designated in a temporary or acting capacity. Appointment or designation to any vacancy
28 
shall be only for the unexpired term of the appointee's predecessor.
29 
Sec. 12. SaiarieSf Emoiuments, and Benefits. - The members of the NPM shall
30 
have the rank, salary, emoluments, and allowances equivalent to that of government
31 
officials with a salary grade of 26, which may not be increased or decreased during their
32 
term of office. The 4 Commissioners and the Chairperson of the CHR who shall sit as
33 
members of the NPM shall not receive any additional salary due to their occupying the
34 
latter positions ex officio.
14


1 
The members of the TWG shall have the rank, salary, emoluments, and allowances
2 
equivalent to that of government officials with a salary grade of 23, which may not be
3 
increased or decreased during their term of office.
4 
Sec. 13. Removal from Office. - The members of the NPM, excluding the 4
5 
Commissioners and the Chairperson of the CHR who shall sit as ex officio members of
6 
the NPM, may be removed from office on any of the following grounds exclusively:
7 
a. Disloyalty to the Republic of the Philippines;
8 
b. Culpable violation of the Constitution;
9 
c. Violation of Republic Act No. 3019, otherwise known as the Anti-Graft
10 
and Corrupt Practices Act;
11 
d. Other high crimes or betrayal of the public trust;
12 
e. Dishonesty, misconduct in office, gross negligence, or dereliction of duty;
13 
f. Commission of any offense involving moral turpitude or an offense
14 
punishable by Imprisonment of more than six (6) years;
15 
g. Abuse of authority; or
16 
h. Violation, non-performance, or ineffectiveness in the performance of
17 
their functions as members of the NPM.
18 
In addition to the aforementioned grounds, the members of the TWG may be removed
19 
from office on the ground of loss of trust and confidence in them by their respective
20 
appointing or designating principals in the NPM.
21 
Sec. 14. Independence of Members. -
22 
a. The members of the NPM and the TWG shall serve in their personal
23 
capacity and shall not only act Independently and impartially, but also
24 
transparently, so as to be seen to be so by a reasonable observer. To that
25 
end, the members of the NPM and the TWG shall conduct themselves in
26 
accordance with the following guidelines:
27 
1) No member of the NPM or the TWG shall participate in activities
28 
which may imply, or may be seen to imply, a conflict of interest
29 
with his/her capacity as an independent and impartial member of
30 
the NPM or the TWG; and
31 
2) Members of the NPM and the TWG shall avoid any action which
32 
might give the impression that any given agency or facility is
33 
receiving more or less favorable treatment than that accorded to
34 
others; and
35 
b. If for any reason a member of the NPM or the TWG considers that he/she
36 
is in a situation involving a potential conflict of interest, he/she shall
15


1
2
3
4
5
6
promptly inform the Presiding Officer of the NPM or the TWG, respectively, 
who shall then advise the rest of the members on the potential conflict of 
interest. Ultimately, the NPM and the TWG as a whole shall take all 
measures necessary to safeguard the requirements of independence and 
impartiality of its respective members.
Sec. 15. Organizational Structure of the NPM. - The NPM shall be set up as a
7 
separate division within the CHR with its own budget and personnel. The organizational
8 
structure of the NPM shall consist of the NPM itself (the members thereof), the TWG, and
9 
the NPM Secretariat.
Whenever necessary, the NPM may hire additional contractual employees or 
contract the services of experts and/or consultants with the relevant professional 
experience, expertise, and knowledge, to assist in the discharge of its powers and 
functions under Section 5 of this Act on an invitational basis.
Sec. 16. Confidentiality. - All documentation and information collected by the NPM 
shall be kept strictly confidential, unless the NPM decides otherwise in relation to a 
particular document: Provided, That no sensitive information, whether personal or 
otherwise, shall be published without the express consent of the individual or authority 
concerned: Provided further. That this provision shall be in accordance with all existing
19 
and future laws on confidentiality and security of sensitive personal information and data,
20 
such as but not limited to the Data Privacy Act of 2012.
The rules of confidentiality shall be in accordance with all applicable existing and future 
laws, particularly, but not limited to, the Data Privacy Act of 2012. Particularly, publication 
of sensitive information without the express consent of the individual or authority 
concerned will be dealt with accordingiy, which may include, but will not be limited to, 
being penalized under the Data Privacy Act of 2012.
Sec. 17. Relationship and Cooperation with Civil Society Organizations (CSOs) and 
Other Groups. - The NPM shall apply a human rights-based approach in the performance 
of its mandate, maintain direct regular contact with and encourage open dialogues with 
the relevant UN agencies working against torture, including the Committee Against
30 
Torture, SPT, and the Office of the High Commissioner for Human Rights (OHCHR), CSOs,
31 
media organizations, and other regional, national, and international human rights 
mechanisms for the effective and full implementation of this Act.
Government authorities and private organizations or entities mandated to protect and 
promote the rights of persons deprived of liberty shall cooperate with and promptly 
respond to the recommendations, proposals, and other requests of the NPM In the 
performance of its mandate.
10
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12
13
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15
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17
18
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22
23
24
25
26
27
28 
29
32
33
34
35
36
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1 
Sec. 18. Protection from Criminal Liability, Other Sanctions, and Reprisals. -
2 
a. No authority or official shall order, apply, permit, or tolerate any sanction
3 
against any person or organization for having communicated to the NPM
4 
any information and no such person or organization shall be otherwise
5 
prejudiced in any way;
6 
b. The relevant authorities shall take effective steps to prevent and
7 
promptly respond to any sanction or act of reprisal stemming from
8 
communications to or cooperation by other persons or organizations with
9 
the NPM;
10 
c. No criminal, administrative, or disciplinary sanction shall be taken against
11 
any person or organization for having communicated in good faith any
12 
information to the NPM;
13 
d. Anything done in good faith and pursuant to the functions and powers
14 
conferred upon the NPM under this Act or in respect of any publication
15 
by, or under the authority of, the NPM of any report, proceeding, or any
16 
other matter under this Act shall not be a ground for action, suit, or other
17 
legal proceeding against any member of the NPM, TWG, or the NPM
18 
Secretariat or any other person who assisted the NPM, TWG, or the NPM
19 
Secretariat in the performance of the NPM's mandate; and
20 
e. Any legal action filed to harass, vex, exert undue pressure, or stifle any
21 
legal recourse that any member of the NPM, TWG, or the NPM Secretariat
22 
has taken or may take in the performance their functions under this Act
23 
and/or the OPCAT shall, if proven in court to have been filed for any of
24 
the aforementioned purposes, be immediately dismissed with prejudice
25 
and the court may award damages, attorney's fees, and costs of suit
26 
under a counterclaim if such has been filed.
27 
No protection from criminal liability or disciplinary or administrative sanction shall be given
28 
to any member of the NPM, TWG, or the NPM Secretariat where he/she is finaiiy adjudged
29 
in any action or proceeding to be liable for gross negligence or misconduct, grave abuse
30 
of discretion, or abuse of authority.
31 
Sec. 19. Information Sheets on Persons Deprived of Liberty and Places of
32 
Deprivation of Liberty. - The Department of Justice (D03), BUCOR, National Bureau of
33 
Investigation (NBI), Bureau of Immigration (BI), Department of the Interior and Local
34 
Government (DILG), BJMP, all local government units (LGUs), whether at the provincial,
35 
city, or municipal level, with control or supervision of jails, Philippine National Police
36 
(PNP), Department of National Defense (DND), Armed Forces of the Philippines (AFP),
17


Department of Social Welfare and Development (DSWD), Department of Health (DOH), 
and other government or private institutions with jurisdiction, control, and/or oversight 
of places of deprivation of liberty shall make an updated information sheet covering all 
places of deprivation of liberty and their installations and facilities under their respective 
jurisdictions with the corresponding data on the persons deprived of liberty under their 
custody, such as, among others, their names, the date when their deprivation of liberty 
began, the exact reasons for the same, and the conditions of where they are exactly held. 
Such information sheet shall be periodically updated by the same agencies and 
institutions within the first five (5) days of every month at the minimum. The format of 
the information sheet shall be prescribed by the NPM and transmitted to the said agencies 
and institutions at the soonest possible time. The list prescribed by Section 7 of the Anti- 
Torture Act of 2009 shall also be submitted to the CHR within the first five (5) days of 
every month at the minimum.
Sec. 20. Other Entities Conducting Visits to Places of Deprivation of Liberty. - The 
designation of the CHR as the NPM shall not, in any way, diminish the importance of visits
16 
to places of deprivation of liberty regularly undertaken by other groups, such as local and
17 
international non-governmental organizations, faith-based and/or lay organizations, and 
other government mechanisms working for the well-being and protection of persons 
deprived of liberty.
Sec. 21. Pubiic Education, Information, and Awareness Campaign.-The NPM, in 
partnership with the Philippine Information Agency (PIA), DOJ, BUCOR, NBI, BI, DILG, 
BJMP, PNP, DND, AFP, DSWD, DOH, and other agencies with jurisdiction, control and/or
23 
oversight of places of deprivation of liberty, CSOs, and such other concerned parties and
24 
entities in both the public and private sectors, shall inform the public, as well as persons
25 
in authority and their agents, of the existence and designation of the CHR as the NPM,
26 
the rights of persons deprived of liberty, the importance of preventive visits, the need for
27 
cooperation during such visits, and for implementing measures based on the CHR's
28 
recommendations as the NPM.
29 
This shall be done through a programmatic nationwide awareness-raising campaign, and,
30 
in line with Section 21 of the Anti-Torture Law of 2009, the said campaign shall be
31 
included in the training of law enforcement personnel, whether civilian or military,
32 
members of the medical profession and allied medical professions, public officials and
33 
other persons, whether belonging to the public or private sector, who may be involved in
34 
the custody, interrogation, or treatment of any individual subjected to arrest, detention,
35 
imprisonment, or any form of deprivation of liberty.
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15
18
19
20 
21 
22
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1 
Further, authorities shall make use of popular media, such as, but not limited to,
2 
government-owned television and radio stations, and other resources at their disposal in
3 
undertaking the public education, information, and awareness campaign. The
4 
Department of Education (DepEd), Commission on Higher Education (CHED), and other
5 
regulatory agencies on education shall also include information on the UNCAT, OPCAT,
6 
the SPT, the NPM, and the preventive monitoring methodology in the integration of
7 
human rights education courses in all primary, secondary, and tertiary education
8 
institutions nationwide in line with Section 21 of the Anti-Torture Act of 2009.
9 
Sec. 22. Periodic Review. - Within five (5) years after the effectivity of this Act,
10 
and every five (5) years thereafter or as the need arises, the Oversight Committee created
11 
pursuant to Section 20 of the Anti-Torture Act of 2009 shall conduct a comprehensive
12 
review of its implementation and a systematic evaluation of the performance and
13 
functioning of the NPM in order to highlight its accomplishments and impact on the
14 
protection of the rights of persons deprived of their liberty. To carry out these tasks, the
15 
aforementioned Oversight Committee shall ensure participative and multi-sectoral
16 
dialogues with stakeholders, which shall Include CSOs, survivors of torture and their
17 
families, and the relevant government authorities involved in the treatment of persons
18 
deprived of their liberty and the administration of places of deprivation of liberty.
19 
Sec. 23. Appropriations. — The NPM shall have an initial budget of One Hundred
20 
Million Pesos (PhP100,000,000.00) for maintenance and other operating expenses
21 
(MOOE), personnel service (PS), and capital outlay, which will be sourced from the
22 
President's Contingency Fund under the Presidential Social Fund, subject to existing
23 
budgetary laws and requirements. Subsequent funding requirements shall be included in
24 
the budget of the CHR under the annual General Appropriations Act (GAA).
25 
Sec. 24. Impiementing Ruies and Reguiations (IRR). - The CHR shall formulate
26 
the IRR of this Act within ninety (90) days from its effectivity. The CHR shall consult with
27 
the DOJ, BUCOR, NBI, BI, DILG, BJMP, PNP, DND, AFP, DSWD, DOH, and other relevant
28 
government agencies and CSOs working in various fields relevant to the treatment of
29 
persons deprived of liberty. The IRR of this Act shall be effective within fifteen (15) days
30 
following its publication in two (2) newspapers of general circulation.
31 
Sec. 25. Separabiiity Oause. - If any provision of this Act is declared invalid or
32 
unconstitutional, the other provisions not affected thereby shall remain valid and
33 
subsisting.
34 
Sec. 26. Repeaiing Ciause. - All laws, decrees, executive orders, rules and
35 
regulations, memorandum orders, memorandum circulars, administrative orders.
19


1 
ordinances, and other issuances, or any part thereof, which are inconsistent with this Act,
2 
are hereby revoked, amended, or modified accordingly.
3 
Sec. 27. EfFectivity. - This Act shall take effect fifteen (15) days after its publication
4 
in at least two (2) newspapers of general circulation.
Approved,
20