Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 8393

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

AN ACT

ESTABLISHING THE NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE
AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT IN THE PHILIPPINES, PROVIDING A FRAMEWORK FOR
IMPLEMENTING OBLIGATIONS UNDER THE OPTIONAL PROTOCOL TO THE
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT (OPCAT), AND APPROPRIATING
FUNDS THEREFOR

EXPLANATORY NOTE

This bill seeks to establish a national preventive mechanism against torture and other forms
of cruel, inhuman and degrading forms of punishment in the Philippines.

In November 2009, the Philippines enacted the Republic Act (RA) No. 9745 otherwise
known as the Anti-Torture Law which criminalizes torture and ill treatment and provides
procedural safeguards of persons deprived of their liberty such as but not limited to their rights to
notify relatives about the detention, to be examined by an independent medical professionals and
to have prompt access to a lawyer throughout the investigation, pre-trial detention and trial. The
law also guarantees that there should be no secret, unofficial or incommunicado detention where
torture usually occurs. The law provides criminal sanctions for its violations which include higher
authorities for command responsibility. '

The Anti-Torture Law of 2009 is regarded as a positive law criminalizing torture and is the
first of its kind in Southeast Asia. Ten years after the enactment of the Anti-Torture Law, the
challenges faced by human rights organizations and survivors of torture and their relatives in
seeking redress from acts of torture and ill treatment remain problematic.”

On 17 April 2012, the Philippines deposited the instrument of accession to the Optional
Protocol to the UN Convention against Torture (OPCAT) thereby making us the 64th State Party
to this essential torture prevention treaty. Five years later, not much has changed. Like Cambodia
and Nauru, which acceded to the OPCAT respectively in March 2007 and September 2012, the
Philippines is on the “blacklist” of State parties that have not fulfilled their main obligation of
establishing an NPM.?

While the Philippines ratified OPCAT in April 2012, thereby agreeing to set up an
independent National Preventive Mechanism (NPM) to monitor all places of detention, the NPM
designation process is stalled. Among other reasons are the challenging political climate and the
prolonged process of adopting an NPM law leading to uncertainties on the most appropriate NPM

+ https://www.omct.org/statements/philippines/2019/11/d25592/

Ibid.

3 https://apt.ch/en/news_on_prevention/philippines-strong-governmentleadership-required-to-set-up-national-
preventive-mechanism/



model to adopt for the country. But at the end of the day, it is the government’s responsibility to
establish a functioning NPM.*

To ensure that all torture prevention efforts by the Commission of Human Rights (CHR),
relevant governmental agencies and for law enforcement can be carried on effectively, the
Philippine government must take concrete steps towards designating its NPM. A functioning NPM
will not only benefit the country’s oversight mechanism, administration of justice and detention
system. It will also send an exemplary message to other South East Asian countries, on the
Philippines’ long time commitment to prevent torture and ill-treatment.

Immediate passage of this bill is earnestly sought.

CHERYL P. DELOSO-MONTALLA
Representative
2" District, Zambales

“ Ibid.
5 Ibid


Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 6393

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

AN ACT

ESTABLISHING THE NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE
AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT IN THE PHILIPPINES, PROVIDING A FRAMEWORK FOR
IMPLEMENTING OBLIGATIONS UNDER THE OPTIONAL PROTOCOL TO THE
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT (OPCAT), AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Short Title. This Act shall be known as the “Torture Prevention Act.”
SECTION. 2. Statement of Policy. ~ It is hereby declared the policy of the State to:
(a) Recognize the inherent dignity of every human person;

(b) Guarantee full respect for fundamental human rights giving highest priority to the
enactment of measures that protect and fulfill the right to life, the right to liberty and security of
all persons, and the right to be free from torture and other cruel, inhuman and degrading treatment
or punishment;

(c) _ Adhere to the principles and standards on the protection and promotion of human
rights, especially of persons deprived of liberty under the 1987 Philippine Constitution, Republic
Act No. 7438 (R.A. 7438 or the Code of Custodial Investigation), Republic Act No. 9745 (R.A.
9745 or the Anti-Torture Law), and other related laws;

(d) Adopt the principles under the United Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and implement the
obligations under the Optional Protocol to the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT), which commit the Philippine
Government to:

(1) Establish a system of regular, unannounced, and unrestricted visits in the
Philippines undertaken by an independent national body of experts to places where
persons are deprived of their liberty, in order to prevent torture and other cruel,
inhuman or degrading treatment or punishment;

(2) Recognize and promote the importance of preventive visits and being different in
purpose and methodology from other types of visits to places of deprivation of
liberty;


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(4)

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(8)

(9)

(10)
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Allow visits, in accordance with the OPCAT, by the Subcommittee on Prevention
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT)
to any place under its jurisdiction and control where persons are or may be deprived
of their liberty, either by virtue of an order given by a public authority or at its
instigation or with consent or acquiescence, with the view of strengthening the
protection of persons against torture and other cruel, inhuman or degrading
treatment or punishment;

Provide all relevant information that the SPT may request to evaluate the needs and
measures that should be adopted in order to strengthen the protection of persons
deprived of their liberty against torture and other cruel, inhuman or degrading
treatment or punishment;

Examine the recommendations of the SPT and enter into dialogue with it on
possible implementation measures;

Grant the SPT the following guarantees:

(i) Unrestricted access to all information concerning the number of persons
deprived of their liberty in places of deprivation of liberty as well as the
number of places and their location;

(ii) Unrestricted access to all information referring to the treatment of those
persons as well as their conditions of deprivation of liberty;

(iii) Unrestricted access to all places of deprivation of liberty and their
installation and facilities;

(iv) The opportunity to have private interviews with the persons deprived of
their liberty without witnesses, either personally or with a translator if
deemed necessary, as well as with any other person who the SPT determines
to be capable of supplying the relevant information;

(v) The liberty to choose the places it wants to visit and the persons it wants to
interview;

Establish the Philippine Torture Prevention Commission (PTPC) mandated to
prevent torture and ill-treatment and reduce the risks that give rise to the practice
by conducting regular preventive monitoring visits to places of deprivation of
liberty and examine the treatment and conditions of persons deprived of their liberty
including policies, procedures and practices of custodial agencies as well as
national laws that affect their well-being and rights;

Recognize PTPC’s power and authority to make recommendations to relevant
authorities and monitor the implementation of such recommendations with the aim
of preventing torture and other cruel, inhuman or degrading treatment or
punishment and improving the treatment and conditions of persons deprived of their
liberty;

Examine the recommendations of the PTPC and enter into a dialogue with it on
possible implementation measures;

Encourage and facilitate contacts between the SPT and the PTPC;

Take effective steps to implement measures based on the observations and
recommendations of the PTPC and the SPT;


(12) Recognize the importance of other visiting groups regularly visiting places of
deprivation of liberty such as local and international non-government organizations
and government mechanisms working for the well-being of persons deprived of
their liberty.

(e) Work with the PTPC and the SPT in the implementation of measures based on the
observations and recommendations of the preventive monitoring expert bodies in order to reduce
the risks that give rise to torture and ill-treatment;

(f) Recognize the value of and support the public information, education and
communication work of the PTPC and the SPT, and support the publication and dissemination of
the materials produced by the preventive monitoring bodies;

(g) Recognize the authority of the SPT to conduct in-country preventive monitoring
visits and their observations and recommendations with due consideration to the same powers and
functions it shares with the PTPC; and

(h) Provide the necessary resources to ensure the functional independence of the PTPC.

SECTION. 3. Definition of Terms. —

(a) Deprivation of liberty refers to any form of detention or imprisonment, or the
placement of a person in a public or private custodial setting where the person is not permitted to
leave at will by written or verbal order, of any judicial, administrative or other authority;

(b) Other cruel, inhuman or degrading treatment or punishment refers to the deliberate
or aggravated treatment or punishment inflicted by a person in authority or agent of a person in
authority against a person under his/her custody, which attains a level of severity causing suffering,
gross humiliation or debasement to the latter;

(c) Persons deprived of liberty refers to any person placed in any form of detention or
imprisonment, or placed in a public or private custodial setting which that person is not permitted
to leave at will by written or verbal order of any judicial, administrative or other authority,

(d) Places of deprivation of liberty refers to any place of detention, confinement,
imprisonment, commitment, or placement of person in a public or private custodial setting under
the Philippine’s jurisdiction and control where persons are or may be deprived of their liberty,
either by virtue of a written or verbal order given by a public authority or at its instigation or with
its consent or acquiescence. Places of deprivation of liberty also include but shall not be limited to
those unofficial places of detention where persons are suspected of being illegally detained or not
permitted to leave the place at will by written or verbal order of any judicial, administrative or
other authority and any place which the PTPC judiciously determines to be where persons may be
deprived of their liberty;

Places of deprivation of liberty encompasses traditional and non-traditional places of
detention, whether temporary or permanent, formally or informally used as a detention facility
maintained and/or managed by public or private authorities and/or under regulation by
government. Places of detention or confinement shall refer to any physical space, area, or structure
whether moving or stationary, permanent or temporary, where deprivation of liberty is carried out
or which establishment, operation, and maintenance of the same is punishable under Section 14 (i)
of R.A. 9745.

Places of deprivation of liberty shall include but shall not be limited to the following
examples: police stations, barangay holding centers, pre-trial centers / remand prisons, prisons for
sentenced persons, juvenile detention centers, border police facilities and transit zones at land


crossings, international ports and airports, immigrant detention centers, psychiatric institutions,
care homes for older people, security or intelligence services facilities, military forts and camps,
and other facilities under military jurisdiction, places of administrative detention, means of
transport for the transfer of prisoners (c.g., police vans), hospitals, home-based or medical/health-
related detention facilities, drug rehabilitation centers and other similar and/or makeshift places of
confinement where persons are not permitted to leave at will;

(©) Sub-Committee on the Prevention of Torture (SPT) refers to the Sub-committee on
Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the
Committee against Torture, established under the Optional Protocol to the UN Convention Against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT);

(f) 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 hinvher 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, as defined by Republic Act No. 9745 (RA 9745), otherwise known
as the “Anti-Torture Act of 2009.” It does not include pain or suffering arising only from, inherent
in or incidental to lawful sanctions;

(g)  Unannounced access refers to access to all places of deprivation of liberty, at all
times, without prior notice or authorization;

(h) Unrestricted access refers to free access to places of deprivation of liberty without
any restrictions of any kind imposed by authorities, more specifically the following:

(1) All persons deprived of liberty with the opportunity to have private interviews with
them without witnesses, either personally or with translator if deemed necessary;

(2) All custodial personnel relevant to the treatment of persons deprived of their liberty;

(3) Any other person whom the PTPC and the SPT determine to be capable of
supplying relevant information;

(4) Allinformation concerning the number of persons deprived of their liberty in places
of deprivation of liberty, as well as the number of places and their location;

(5) All information referring to the treatment of those persons as well as their
conditions of deprivation of liberty; and,

(6) All places of deprivation of liberty and their installations and facilities.

Further, unrestricted access includes liberty to choose the places that the PTPC and SPT
want to visit and the persons they want to interview.

SECTION. 4. Philippine Torture Prevention Commission. ~ The Philippine Torture
Prevention Commission is hereby established as the national preventive mechanism of the
Philippines. It shall be composed of a Chairperson and eight (8) Members who must be chosen in
an open, transparent and inclusive process. One of the Members of the Commission shall be a
Commissioner of the Commission on Human Rights (CHR) who shall serve in an ex-officio
capacity with voting privileges as the other Members of the Commission.

The Committee Members shall possess the following qualifications:


(a) _ Independent from all branches of government,
(b) — Ofhigh moral character, recognized probity, competence and integrity;

(c) To ensure multi-disciplinary and pluralistic representation, the composition of the
Board shall include members with proven professional knowledge and experience in the field of
human rights, law, medicine, psychology, psychiatry, forensic science, prison management,
employment, industrial relations, police administration, education, sociology, or social work:

(1) At least two (2) members must be members of the Philippine Bar who have been
engaged in the practice of law for at least seven (7) years;

(2) Two (2) members must be doctors who have engaged in the practice of medicine
in the fields of psychiatry, forensics or other related fields, for at least seven (7)
years,

(3) One (1) member must have a doctorate degree in any of the fields of psychology,
anthropology or other related disciplines, and must have engaged in the practice of
her profession for at least seven (7) years;

(4) At least two (2) members must come from civil society organizations engaged in
advocacy work for at least seven (7) years for the rights of persons deprived of
liberty; and,

(5) At least two (2) members must possess expertise in the administration of justice,
criminal law, prison or police administration;

(d) Must have a clear, broad, and deep understanding and commitment to human rights
protection, promotion, and advocacy,

Further, the composition of the Committee must observe a balanced gender representation
cn the basis of the principles of equality and non-discrimination and adequate representation of
ethnic and minority groups

The President shall give highest priority to the endorsements and recommended candidates
of civil society groups with long standing backgrounds and practice in the advancement of the
rights of and welfare of persons deprived of their liberty and prevention of torture and ill-treatment.

The Members of the Committee shall act and be guided by the principles of confidentiality,
impartiality, non-selectivity, universality and objectivity.

The Chairperson and the Members of the Commission shall not, during their tenure, hold
any other office or employment. Neither shall they engage in the practice of any profession or in
the active management or control of any business which, in any way, may be affected by the
functions of their office, nor shall they be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the government, any of its sub-divisions,
agencies, or instrumentalities, including government-owned or controlled corporations or their
subsidiaries.

SECTION. 5. Term of the Committee Members. ~ The Chairperson and the Members of
the Commission shall be appointed by the President for a term of seven years without
reappointment. Appointment to any vacancy shall be only for the unexpired term of the
predecessor.


The Committee shall organize itself within sixty (60) days from the completion of
appointment process of all Committee Members and shall thereafter organize its Secretariat.

SECTION. 6. Salaries, Emoluments and Benefits. — The Chairperson and the Members of
the Commission shall receive the same salaries, emoluments and benefits as the Chairperson and
the Members, respectively, of the Constitutional Commissions, which shall not be decreased
during their term of office

SECTION. 7. Removal from Office. ~ The Chairperson and Members of the Committee
may be removed from office on any of the following grounds:

(a) —Culpable violation of the Constitution;
(b) Bribery and graft and corruption, other high crimes, or betrayal of public trust;
(c) Dishonesty, misconduct in office, gross negligence, or dereliction of duty;

(d) Commission of any offense involving moral turpitude or an offense punishable by
imprisonment of more than six (6) years; and

(e) Abuse of authority.

‘The proceedings for removal shall be initiated by filing a verified complaint with the
Office of the Ombudsman stating the grounds therefor and alleging the ultimate facts upon which
the complaint is based.

The Office of the Ombudsman shall act on the complaint and conduct the necessary
investigation and hearing. Thereafter, the Office of the Ombudsman shall dismiss the complaint
or declare the removal from office of the Chairperson or member of the Committee within one
hundred twenty (120) days from the date of filing of the complaint.

In deciding upon a complaint for removal from office, the Office of the Ombudsman shall
not impose any lesser penalty or disciplinary action such as suspension, censure or reprimand other
than the removal from office.

SECTION. 8. Objectives. — The Philippine Torture Prevention Commission shall have the
following objectives:

(a) Carry out regular, unannounced visits to places of deprivation of liberty and open
up otherwise obscure places to independent public scrutiny to condition custodial authorities to
consistently perform their duties within the bounds of official and legal procedures and standards
so that torture and ill-treatment can be prevented;

(b) Undertake preventive monitoring visits to examine and assess policies, procedures
and practices in places of deprivation of liberty and identify the risks that give rise to torture and
ill-treatment with a view of strengthening the protection of persons deprived of their liberty and
improving their material living conditions in accordance with the UN Standard Minimum Rules
on the Treatment of Prisoners (SMRTP) and existing obligations and standards set by the UNCAT;

(c) Review national laws, policies and procedures that relate to the treatment, well-
being and rights of persons deprived of their liberty and recommend for their repeal or amendment
or the enactment of laws with the view of strengthening the protection against torture and cruel,
inhuman or degrading treatment or punishment,


(d) Submit observations and recommendations in relation to the visit conducted and
review undertaken under subsections (b) and (c), respectively of this Section, to relevant
authorities so that these may be rendered into concrete implementation measures;

(e) Require relevant and competent authorities to examine its recommendations, and
enter into a dialogue with the PTPC to discuss implementation measures and to fulfill agreed upon
positive actions toward reforms, and whenever necessary, providing them the needed technical
assistance;

(f) Consider requests for visits based on reports by civil society or any other group or
individual recommending policy, procedural or practice reforms in a place of deprivation of

liberty;

(g) Promote public awareness on its work as an NPM and the system of preventive
monitoring visits, the right to be free from torture and cruel, inhuman or degrading treatment or
punishment and the rights of persons deprived of their liberty;

(h) Train and capacitate relevant authorities charged with the treatment of persons
deprived of their liberty;

(i) Carry out its work within the framework of the United Nations’ Charter and shall
be guided by the purposes and principles thereof, as well as the norms of the United Nations
concerning the treatment of people deprived of their liberty, and shall be equally guided by the
principles of confidentiality, impartiality, non-selectivity, universality and objectivity; and

() Take effective practical steps and measures to comply with existing obligations and
standards set forth by the UNCAT, SMRTP, and the OPCAT, the PTPC being an operations
instrument, in addition to being one that prescribes new obligations and standards.

SECTION. 9. Guarantees of the PTPC. ~The Executive, Legislative and Judicial branches
of government shall guarantee the PTPC the following:

(a) Full and unrestricted access to all information concerning the number of persons
deprived of their liberty in places of deprivation of liberty, as well as the number of places and
location;

(6) Full and unrestricted access to all information referring to the treatment of those
persons as well as their conditions of detention;

(c) Full and unrestricted access to all places of deprivation of liberty and their
installation and facilities;

(d) Liberty to conduct private interviews with persons deprived of liberty without
witnesses, either personally or with a translator if deemed necessary, as well as with any other
person who in the discretion of the Commission possesses relevant information;

(©) _ Liberty to choose the places to visit and persons to interview, and when these should
take place;

(f) Freedom for its members to be accompanied, if needed, by an expert with relevant
expertise, experience and knowledge as the Chairperson may determine, on visits to places of
detention;

(g) Freedom to determine its own rules and procedures, including its program of visits;


(h) Liberty to require competent Philippine authorities concerned to examine the
recommendations of the PTPC and enter into a dialogue with it on possible implementation
measures;

(i) Liberty to require relevant government agencies to fulfill their recommendations
by implementing measures accordingly;

(j) __ Freedom to promote public awareness on its work as an NPM and the system of
preventive monitoring visits, the right to be free from torture and cruel, inhuman or degrading
treatment or punishment and the rights of persons deprived of their liberty; and,

(k) Freedom to publish regular and annual reports and information, education and
communication materials and have these disseminated nationwide.

SECTION. 10. Powers of the PTPC. — The PTPC shall have the following powers:

(a) Conduct regular, unannounced and unrestricted visits to places of deprivation of
liberty to prevent torture and other, cruel inhuman or degrading treatment or punishment;

(b) Examine and assess during visits the custodial policies, procedures and practices
and all other aspects relevant to the treatment and material living conditions of persons deprived
of their liberty, in order to identify risks that give rise to torture and cruel, inhuman or degrading
treatment or punishment, and find practical ways to improve their well-being and protect their
rights;

(c) Examine and review national laws, policies and procedures that relate to the
treatment, well-being and rights of persons deprived of their liberty and propose the amendment,
repeal or enactment of laws with the view of strengthening the protection against torture and cruel,
inhuman or degrading treatment or punishment;

(4) Submit to the CHR, House of Representatives, the Senate, and the President its
observations, recommendations and proposals relating to the rights and protection of persons
deprived of their liberty, and provide relevant authorities with the same for the latter to undertake
the necessary implementation measures;

(©) Work, where appropriate, in cooperation or consultation with any person or body,
whether public or private, in connection with the discharge of any of its functions under this Act
and the OPCAT;

(f) Maintain direct, and if necessary, confidential contact with the SPT to strengthen
the PTPC’s capacity and mandate for the prevention of torture and other cruel, inhuman or
degrading treatment or punishment and the protection of persons deprived of liberty;

(g) _ Publish information covered by its visitation of the matters mentioned in paragraphs
(a), (b), (©), (d), and (e) hereof, when circumstances so warrant, and with due prudence: Provided,
That the PTPC under its rules and regulations and having high regard for confidentiality rules and
informed consent, may determine what information is confidential and may not be made public:
Provided further, That any publicity issued by the said Commission shall be balanced, fair and
true. However, the PTPC shall not publish or pass on personal data relating to any person without
the latter’s express consent; Provided finally, That this section shall be in accordance with the
existing laws on confidentiality;

(h) Promote public awareness through publication and dissemination of information
and education materials on its work as the PTPC, the right to be free from torture and cruel,
inhuman or degrading treatment or punishment, and the rights of persons deprived of their liberty;
and,


(i) Submit an independent annual report to be received, published and disseminated by
government, which shall include an annual budget and expenditures report.

SECTION. 11. Organizational Structure of the PTPC. ~ The organizational structure of
the PTPC shall consist of the Commission and its Secretariat.

The Commission shall be assisted by a Secretariat, which shall be composed of an
Executive Director and at least two (2) Deputy Directors— one (1) for Operations and one (1) for
Administrative and Finance matters ~ together with their respective technical staff and field units
that shall be established to support and follow-up the regular visits undertaken by the PTPC
Members

‘The Executive Director and his Deputies shall have expertise in human rights specializing
in fields relevant to the treatment of persons deprived of liberty

The Commission shall also be assisted by a Commission Secretary who shall provide
technical and administrative support to the Members of the Commission.

The Commission shall appoint the Executive Director, Deputy Directors and Commission
Secretary. The Chairperson shall appoint all other officers and staff of the PTPC.

Whenever necessary, the Committee may hire additional contractual employees or contract
the services of an expert with the relevant professional experience, expertise, and knowledge to
assist in the discharge of its functions under this Act. Provided, That the maximum contract amount
per year shall not exceed more than fifteen percent (15%) of the total annual operating budget of
the Committee.

SECTION. 12. Relationship and Cooperation with Government and Civil Society
Organizations. — The PTPC shall apply a human-rights based approach in the performance of its
mandate and functions, maintain direct regular contact with and encourage open and constructive
dialogue with the SPT, civil society organizations, media and other national, regional and
international human rights mechanisms, for the effective and full implementation of this Act.

National and local 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 PTPC in the conduct of their
mandate.

The competent authorities shall examine the recommendations of the Commission and
enter into a dialogue with it, on possible implementation measures. These authorities shall enter
into a follow-up process with the Commission, with a view to the implementation of any
recommendations, which the PTPC may make.

SECTION. 13. Confidentiality, — Personal information collected by the PTPC shall be
confidential. No personal data shall be published without the express consent of the individual
concerned. The rules on confidentiality shall be in accordance with the existing laws applicable
herein.

SECTION. 14. Protection from Criminal Liability, Other Sanctions and Reprisals. —

(a) No authority or official shall order, apply, permit or tolerate, directly or indirectly,
any sanction against any person or organization for having communicated to the PTPC and the


‘SPT any information, whether true or false, and no such person or organization shall be otherwise
prejudiced in any way,

(b) Relevant authorities shall take effective steps to prevent and promptly respond to
any sanctions or acts of reprisals stemming from communications to or cooperation with the PTPC.
and the SPT.

(c) No criminal, disciplinary or administrative sanction shall be taken against any
person for having communicated, in good faith, any information to the PTPC or the SPT.

(d) Anything done, or purported to be done, in good faith, and pursuant to the functions
and powers conferred under this Act or in respect of any publication by or under the authority of
the Commission of any report, proceedings or any other matter under this Act shall not be a ground
for action, suit or other legal proceedings against the Commission or a member or officer of the
Commission.

Notwithstanding the prohibitions in the preceding paragraphs, no protection from criminal
liability, disciplinary or administrative sanction shall be given to any Member or officer of the
Commission where they may be finally adjudged in any action or proceeding to be liable for
gross negligence or misconduct, grave abuse of discretion or abuse of authority.

SECTION. 15. Private Legal Assistance. ~The Members, Officers and Staff of the PTPC
are hereby authorized to engage the services of public or private lawyers or extend legal assistance
immediately upon receipt of notice that an administrative, civil, criminal action, suit or proceeding
is filed against them. The lawyer’s fee shall be part of the indemnification package for the NCPT
Members, Officers and Staff, subject to the provisions of Section 16 hereof.

SECTION. 16. Indemnification of PTPC Members, Officers, and Staff. ~ There shall be
an indemnification package for the Members, Officers, and Staff of the Commission which may
be in the form of free legal assistance, liability insurance, and other forms of protection and
indemnification for all costs and expenses reasonably incurred by such persons in connection with
any administrative, civil or criminal action, suit or proceeding to which they may be, or have been
made a party by reason of the performance of their functions or duties, unless they are finally
adjudged in such action or proceeding to be liable for gross negligence or misconduct, grave abuse
of discretion or abuse of authority. If convicted with finality for such offenses filed against them,
the members, officers and staff of the Commission shall reimburse all costs and expenses incurred
by the latter.

SECTION. 17. Information Sheet on Persons Deprived of their Liberty and Places of
Deprivation of Liberty. — The Philippine National Police (PNP), the Bureau of Corrections
(BuCor), the Bureau of Jail Management and Penology (BJMP), the Department of Social Welfare
and Development (DSWD), provincial government units with control or supervision of jails and
other government or private institutions with jurisdiction, control and/or oversight of places of
deprivation of liberty shall make an updated information sheet of all deprivation of liberty facilities
under their respective jurisdiction with the corresponding data on the persons deprived of their
liberty under their custody, such as, among others, names, date of deprivation of liberty, exact
reason for deprivation of liberty and the conditions in the places of deprivation of liberty. 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 PTPC, subject to the existing rules on confidentiality, and transmitted to the
agencies and institutions at the soonest possible time. The list prescribed by Section 7 of RA 9745
shall also be submitted to the PTPC within the first five (5) days of every month at the minimum.


SECTION. 18. Other Organizations Conducting Visits to Places of Deprivation of Liberty.
~ The provisions of this Act and the establishment of the PTPC shall be without prejudice to the
importance of visits to places of deprivation of liberty regularly undertaken by other groups such
as local and international non-government organizations, lay persons groups, faith-based
organizations and government mechanisms working for the well-being and protection of persons
deprived of their liberty, subject to rules and regulations imposed by custodial authorities and
existing laws.

SECTION.19. Public Education, Information and Awareness Campaign. — The PTPC, in
partnership with the Philippine Information Agency (PIA), the CHR, the Department of Interior
and Local Government (DILG), other government departments and local government units and
agencies with jurisdiction, control and/or oversight of places of deprivation of liberty, and such
other concerned parties in both the public and private sectors shall inform the public, persons in
authority and agents of persons in authority on the existence of the PTPC, the SPT, the OPCAT,
the rights of persons deprived of their liberty, the importance of preventive visits, the need to
cooperate with the said visiting bodies and implement measures based on their recommendations.
This shall be done through a programmatic nationwide awareness-raising campaign, and in line
with Section 21 of RA 9745, shall be included in the training of law enforcement personnel, civil
or military, medical personnel, public officials and other persons, whether public or private, who
may be involved in the custody, interrogation or treatment of any individual subjected to arrest,
detention, imprisonment or any form of deprivation of liberty. Furthermore, authorities shall make
use of popular media such as government-owned TV and radio as well as other such resources at
its disposal in undertaking the public information and education campaign. The Department of
Education (DepEd) and the Commission on Higher Education (CHED) shall also include
information on the PTPC, SPT, and the OPCAT, and the preventive monitoring methodology in
the integration of human rights education courses in all primary, secondary and tertiary level
academic institutions nationwide in line with Section 21 of RA 9745.

SECTION. 20. Appropriations. ~ The Commission shall have an initial budget of One
hundred million pesos (Php 100,000,000.00) for maintenance and other operating expenses to be
sourced from the President’s Contingency Fund under the Presidential Social Fund, Subsequent
funding requirements shall be included in the annual General Appropriations Act.

This budget shall not be utilized for any other purpose apart from the PTPC work as
determined by the Commission, in accordance with law.

SECTION. 21. /mplementing Rules and Regulations. - The Commission shall formulate
the Implementing Rules and Regulations (IRR) within ninety (90) days from the time the
Commission first convened. The Commission shall coordinate with the CHR, DILG, Department
of Health (DOH), Department of Social Welfare and Development (DSWD), Department of
Justice (DOJ), Department of National Defense (DND), Philippine National Police (PNP), and
other relevant government agencies and civil society organizations (CSOs) working in the various
fields relevant to the treatment of persons deprived of their liberty.

The IRR shall be effective after fifteen (15) days following its publication in the Official
Gazette or in two (2) newspapers of general circulation

SECTION, 22. Periodic Review. — Within five (5) years after the effectivity of this Act,
and every five (5) years thereafter, or as the need arises, the Congress of the Philippines shall
conduct a comprehensive review of its implementation, and a systematic evaluation of the
performance and functioning of the PTPC, in order to highlight its accomplishments and impact
on the protection of persons deprived of their liberty. To carry out these tasks, the Senate
Committee on Justice and Human Rights and the House Committee on Human Rights shall ensure


participative and multi-sectoral dialogues with stakeholders which shall include civil society
organizations, survivors of torture and persons deprived of liberty and their families, relevant
government authorities involved in the treatment of persons deprived of their liberty and the
administration of places of deprivation of liberty.

SECTION. 23. Separability Clause. ~ If any provision of this Act is held unconstitutional,
other provisions not affected thereby shall remain valid and binding.

SECTION. 24. Repealing Clause. — All laws, presidential decrees, letters of instructions,
executive orders, rules and regulations insofar as they are inconsistent with this Act, are hereby
deemed repealed or modified accordingly.

SECTION. 25. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Adopted,