Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
Second Regular Session

s 6062

HOUSE BILL NO.

Introduced by
ACT Teachers Party-List Representative Antonio L. Tinio

EXPLANATORY NOTE

Under the Arroyo administration, the Armed Forces of the Philippines (AFP) gained international
notoriety for its alleged involvement in a significant number of extrajudicial killings and involuntary
disappearances of citizens, many of whom were activists opposed to the administration's policies
and programs. Such gross violations drew the attention not only of human rights organizations like
‘Amnesty International and Human Rights Watch, but also the United Nations Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions, Philip Alston, and the United States Senate
Committee on Foreign Relations. All acknowledged a link between human rights violations and the
‘AFP's counterinsurgency program, then known as Oplan Bantay Laya. Many noted that the so-called
“climate of impunity” enabled perpetrators to commit violations on such a scale.

Notwithstanding the Aquino administration's promises to address the deteriorating human rights
situation in the country, the climate of impunity still reigns. Extrajudicial killings and other gross
human rights violations involving state security forces continue to take place. According to
KARAPATAN, there have been 64 victims of extrajudicial executions and nine victims of enforced
disappearances since President Benigno Aquino Ill came to power in June 2010 (Sugar-Coated Crisis
‘and Terror: KARAPATAN 2011 Year-End Report on the Human Rights Situation in the Philippines).
Human Rights Watch has noted that “several key institutions, including law enforcement agencies
and the justice system, remain weak and the military and police commit human rights violations
with impunity” (Human Rights Watch World Report 2021). Meanwhile, only a handful of military
personnel have been criminally charged for human rights violations, and not a single perpetrator has
been convicted. “The Butcher,” retired Army general Jovito Palparan, continues to remain at large
months after kidnapping charges were filed against him in court.

Government should use every tool at its disposal to promote respect for human rights and end
impunity, particularly within the ranks of the military. The national budget is one such tool.
Experience shows that the release or non-release of funds can be a powerful instrument for
promoting reforms and modifying behavior in the ranks of government. This bill proposes the


Introduction of a “no impunity” provision in our laws, one that would link the release of operational
funds of units of the AFP to their compliance with human rights standards.
This bill will encourage the AFP chain of command to ensure that their units uphold and respect

human rights at all times in the discharge of their duties, especially during counterinsurgency
will incentivize AFP commanders to promptly identify perpetrators and

operations. Furthermore,
make sure that the proper charges are filed. It also underscores the responsibility of the Secretary
of National Defense in ensuring that charges are filed against individual perpetrators. For its part,
the Commission on Human Rights is given the role of vetting complaints and weeding out spurious
allegations.

2 she Z I

ANTONIO L. TINIO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

6062

HOUSE BILL NO.

Introduced by
ACT Teachers Party-List Representative Antonio L.

AN ACT
WITHHOLDING THE OPERATIONAL FUNDS, INCLUDING COMBAT EXPENSES, OF UNITS OF THE
ARMED FORCES OF THE PHILIPPINES IMPLICATED IN GROSS HUMAN RIGHTS VIOLATIONS.

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

Section 1. State Policies. The State shall value the dignity of every human being and guarantee full
respect for human rights. Civilian authority shall always be supreme over the military, and the
‘Armed Forces of the Philippines (AFP) shall stand as the protector of the people and the State. The
State shall therefore take steps to ensure that mechanisms designed towards the genuine exercise
of civilian supremacy and the full promotion, protection, and realization of human rights are in
place.

Section 2. Definition of Terms. “Operational funds” shall include, among others, travelling and
‘communication expenses, repair and maintenance, supplies and materials, extraordinary and
miscellaneous expenses, confidential and intelligence expenses, and combat expenses.

“Combat expenses” shall refer to the amount given quarterly to each company or its equivalent in
other services of the AFP, which may be utilized by the tactical units of the AFP for incidental and
necessary expenses incurred during operational exigencies. Such amount, currently set at a
maximum of One Hundred Thousand Pesos (P100,000) per quarter, is chargeable under the
Maintenance and Other Operating Expenses of the Major Services of the AFP, as provided yearly in
the General Appropriations Act.

Section 3. “No Impunity” Provision. Upon a determination by the Commission on Human Rights
(CHR) of credible evidence that a unit of the AFP has committed a gross violation of human rights,
the operational funds, including combat expenses, of the unit concerned shall be withheld until the
CHR ascertains and reports to the President of the Philippines that the Secretary of the Department
of National Defense (DND) and law enforcement authorities have taken effective measures to


Identify the responsible member or members of the unit and filed the appropriate charges, if
warranted.

The determination provided for in this Section may be initiated by a complaint filed with the CHR by
any aggrieved party or concerned citizen, organization, association, or institution, or initiated motu
proprio by the CHR. No form or fee shall be required in the filing of the complaint, after which, the

CHR shall make the determination within ten (10) calendar days.

Section 4. Implementing Rules and Regulations. The CHR, DND, and the Department of Budget and
‘Management, upon consultation with human rights organizations, shall promulgate, within fifteen
(15) days from the effective date of this Act, the rules and regulations necessary for its
implementation.

Section 5. Repealing Clause. All laws, decrees, resolutions, orders, or ordinances or parts thereof
Inconsistent with this Act are hereby repealed, amended, or modified accordingly.

Section 6. Separabitity Clause. \f any provision of this Act is declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions hereof.

Section 7. Effective Date. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in one newspaper of general circulation.

‘Approved,