FIFTEENTH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
} 
First Regular Session 
} 
SENATE 
S,B, NO, 2176 
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Introduced by Senator Francis N. Pangilinan 
EXPLANATORY NOTE 
Enforced or involuntary disappearance is committed when a person is arrested, 
detained or abducted against his/her will or is deprived of his/her liberty by officials or 
employees or any branch, subdivision, agency or instrumentality of Government, or by 
organized groups or private individuals acting on behalf of, or with the support of, or 
with direct or indirect, consents or acquiescence of the Government, and who 
subsequently disappeared or refuse to disclose his/her fate or acknowledge that 
he/she was detaineEJ, thus placing such person outside the protection of the laws, . 
At present, there are numerous test cases of involuntary disappearance pehding 
before the court, However, since involuntary disappearance is not considered a crime 
under the Philippine law, the cases presently filed in court are lodged as kidnapping, 
murder or serious illegal detention, or a combination of the last two crimes, This bill is 
proposed to cali the crime by its correct name, 
It should be recognized that any act of enforced or involuntary disappearance 
constitutes a violation of the rights to liberty and security of a person, as well as the 
person's right not to be subjected to torture and other cruel, inhuman or degrading 
treatment or punishment Hence, the phenomenon of enforced or involuntary 
disappearance must be finally addressed through adequate legislation directly 
penalizing its commission, 
The bill also aims to defer, if not totally eradicate the commission of this heinous 
act by any officer or agent of the State to ensure that no person shall be deprived of 
life, liberty or property without due process of law, nor shall any person be denied 
equal protection of the laws. 
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Hence, the passage of the bill is earnestly sought 
NGILINAN 
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FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
SENATE BILL NO. G_17JL 
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Introduced by Senator FRANCIS N. PANGILINAN 
AN ACT 
PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate arid House of Representatives of the Philippine Congress assembled: 
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SECTION 1. Tit/e. _This Act shall be known as the "Anti-Enforced or Involuntary 
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Disappearance Act of 2010". 
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SEC. 2. Declaration of Policy. -It is hereby declared as the policy of the State to 
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safeguard the life and liberty of the citizens.' Further, no person under investigation 
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shall be subjected to torture, force, violence, threat or intimidation or any act which 
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impairs his/her free will. Towards these ends, appropriate penalties shall be imposed 
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on the government officials or agents of the State who' cause the enforce or involuntary 
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disappearance of persons, arrested, detained or abducted. 
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SEC. 3. Involuntary Disappearance, When Committed. _For purposes of this 
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Act, enforced or involuntary disappearance shall be deemed committed when the 
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person is arrested, detained or abducted against his/her will or otherwise deprived of 
12 his/her liberty by officials or employees of any branch, subdivision, agency or 
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instrumentality of government, or by organized groups or private individuals acting on 
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behalf of, or with the support, direct or indirect, consent or acqUiescence of the 
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Government, and who subsequently disappeared for at least 48 hours. These forces 
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then conceal the whereabouts of the disappeared or refuse to disclose his/her fate or to 
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acknowledge that he/she was detained, thus placing such person outside the protection 
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of the law. 


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SEC. 4. Commanding Officer or Senior Official. -
The immediate Commanding 
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Officer or equivalent Senior Official shall be held criminally liable for an enforced or 
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involuntary disappearance. Any failure on his/her part, whether done with intent or 
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negligence, to avert an act or enforced or involuntary disappearance shall be taken as 
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evidence of conspiracy. 
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SEC. 5. Penalty and Persons Liable. _The penalty of reclusion perpetua shall 
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be imposed upon the following persons: 
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(1) 
Those who directly committed the act of enforced or involuntary 
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disappearance; 
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(2) 
Those who directly forced, instigated, encouraged or induced others to 
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commit the act of enforced or involuntary disappearance; 
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(3) 
Those who cooperated in the act of enforced or involuntary 
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disappearance by another act without which the act of enforced or 
involuntary disappearance would not have been carried out; 
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(4) 
Those officials who allowed the act of enforced or involuntary 
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disappearance when it is within power to stop the commission of such act; 
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The penalty of reclusion temporal shall be imposed upon those who attempt to 
, 
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commit the offense of enforced or involuntary disappearance. 
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The penalty of reclusion temporal shall be imposed upon the person who, having 
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knowledge of the act enforced or involuntary disappearance, and without having 
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participated therein, either as principals or accomplice, took part subsequent to its 
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commission in any of the following manner: 
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(1 ) 
By profiting from or assisting the offender to profit from the effect of the 
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act of enforced or involuntary disappearance; 
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(2) 
By concealing the act of enforced or involuntary disappearance, and/or 
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destroying the effects of instruments thereof, in order to prevent its 
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discovery; 


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(3) 
By harboring, concealing, or assisting in the escape of the principal (s) in 
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the act of enforced or involuntary disappearance, providing the accessory 
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acts are done with the abuse of the official's public functions. 
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SEC. 6. Suspension. -
The alleged perpetrators of and other participants in the 
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commission of enforced or involuntary disappearance shall be suspended and 
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prohibited from performing any official duties during the investigation and trial of the 
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case. 
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SEC. 7. Civil Liability. -
Enforced or involuntary disappearance shall render their 
, 
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perpetrators and the State authorities which organized, acquiesced in or tolerated such 
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disappearances liable under civil law. 
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SEC. 8. Order of Superior Officer or Public Authority. - An order from a superior 
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officer or a public authority cannot be invoked as jUstification for taking part in the 
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commission of an enforced or involuntary disappearance. 
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SEC. 9. - Continuing Offense. -
An act constituting enforced or involuntary 
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disappearance shall be considered a continuing offense as long as the perpetrators 
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continue to conceal the fate and the whereabouts of the persons who have disappeared 
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and these facts remain unclarified. 
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SEC. 10. Prescription. -
There shall be no time limit to the prosecution of a 
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person responsible for the commission of enforced or involuntary disappearance. 
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SEC. 11. Non-applicability of Amnesty -
Persons who have committed the act 
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of enforced or involuntary disappearance shall not behefit from any special amnesty law 
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or similar measures that will have the effect of exempting them from any criminal 
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proceedings and sanctions. 
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SEC. 12. Restitution. - The victims of enforced or involuntary disappearance 
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who surfaced alive shall be entitled to monetary compensation and restitution of honor 
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and reputation. The nearest kin, as provided for in Article 887 of the Civil Code, of a 
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victim of an enforced or involuntary disappearance may claim for compensation as 


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package of indemnification shall be without prejudice to other legal remedies that 
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may be available to them. 
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SEC. 13. Rehabilitation - In order that the nearest of kin of victims of enforced 
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or involuntary disappearance and the victims who surfaced alive may be effectively 
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reintegrated into the mainstream of society and in the process of development, the 
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State shag provide them with appropriate medical care and rehabilitation free of charge. 
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SEC. 14. Protection of Persons Involved in Prosecution. -
The State through its 
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appropriate agencies shall ensure the safety of all persons involved in the prosecution 
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and investigation on enforced or involuntary disappearance cases such as the 
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complainant, legal counsel, witnesses and relatives of the victims of involuntary 
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disappearance. They shall likewise be protected from ill treatment and any acts of 
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intimidation or reprisal as a result of the complaint or investigation. Anyone committing 
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such acts shall be criminally liable. 
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SEC. 15. Rules and Regulations. -
The Department of Justice, in collaboration 
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with the concurrence of the Commission on Human Rights and the Families of Victims 
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of Involuntary Disappearance (FIND) shall promulgate the rules and regulations for the 
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effective implementation of this Act and shall ensure the full dissemination of the 
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same to 'the public. 
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SEC. 16. Monitoring Group. -A monitoring group is hereby created to 
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periodically monitor compliance with this Act. The group shall be headed by a 
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Commissioner of the Commission on Human Rights and with the following as members: 
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(1) 
One Undersecretary of the Department of Justice; 
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(2) 
Chairperson of the Senate Committee on Justice and Human Rights; 
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(3) 
Chairperson of the House Committee on Political, Civil and Human 
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Rights; and 
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(4) 
The Secretary-General of the Families of victims of Involuntary 
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Disappearance (FIND). 


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SEC. 17, Suppletory Application of the Revised Penal Code. -
The provisions of 
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the Revised Penal Code on punishable offenses shall be suppletory to this Act. 
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SEC. 18. Funds. -
The funds necessary for the effective implementation of this 
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Act shall be included in the budget of the Commission on Human Rights and 
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the 
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Department of Justice under the General Appropriations Act of the year following the 
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enactment of this Act. 
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SEC. 19. Separability Clause. -
If any provision of this Act is declared invalid, the 
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remainder thereof not affected thereby shall continue to be in full force and effect. 
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SEC. 20. Repealing Clause. _All laws, decrees, executive orders, rules and 
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regulations and other issuances or parts thereof inconsistent with the provisions of this 
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Act are hereby repealed or modified accordingly. 
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SEC. 21. Effectivity Clause. -
This Act shall take effect fifteen (15) days upon its 
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publication in at least two (2) national newspapers of general circulation. 
Approved,