Republic of the Philippines
HOUSE OF THE REPRESENTATIVES,

Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1011

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT MANDATING THE COMMISSION ON HUMAN RIGHTS ACCOMPANY
POLICE OPERATIONS FOR THE PURPOSE OF PROPERLY DOCUMENTING AND.
INVESTIGATING HUMAN RIGHTS VIOLATIONS COMMITTED DURING
LEGITIMATE POLICE OPERATIONS, AND AMENDING EXECUTIVE ORDER NO.
163 THEREOF

EXPLANATORY NOTE

No less than the 1987 Constitution provides that "The State values the dignity of every human
person and guarantees full respect for human rights. (See. 11, Art. It)

It further provides that "The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social, economic and
political inequalities, and remove cultural inequalities by equitably diffusing wealth and political
power for the common good. (Sec. 1, Art XII)

The same Constitution created the independent Commission on Human Rights with a wide
investigative and supervisory mandate to ensure the protection of human rights of Filipino citizens,
(Sec. 18, Art. XII

It is further provided that Congress may provide for other eases of violations of human rights that
should fall within the authority of the Commission, taking into account its recommendations. (Sec.
19, Art XII)

On 5 May 1987, President Corazon Aquino enacted Executive Order No. 163, mirroring the powers
and functions of the Commission on Human Rights under the 1987 Constitution.

The current administration has taken significant steps in the war against drugs. Since 1 July 2016,
‘over 700,000 drug users and pushers surrendered, and 3.295 suspected drug pushers killed. Of those
killed, 1,167 drug personalities have been killed in police operations, as of 20 September 2016.

The rate at which suspected drug personalities have been killed as a result of legitimate police
operations has drawn the interest and rebuke of the international community. with the United
Nations and other States calling upon to strengthen efforts to ensure that the human rights of these
drug personalities is protected,



We, the representatives of the people, are responsible to ensure that the rights of our constituents
are protected. While we welcome the expedient steps the administration is taking against the
scourge of drugs, the issue of human rights has been a continuously raised topic, An all-too
commonly heard police statement is that the drug personality fought back, forcing our police
officers to defend themselves.

We also understand and commend our courageous police officials of the Philippine National Police,
who are fighting a difficult war, Least of all their worries should be any threat of prosecution for
‘of human rights during the anti-drug operations.

offenses

The Commission on Human Rights and the Philippine National Police should be considered
partners in the common endeavor of combating illegal drugs and maintaining the protection and
sanctity of human rights.

It is for these purposes, that this bill seeks to establish an inter-agency task force for the purpose of
‘embedding agents of the Commission on Human Rights with the PNP, to properly document police
activities during anti-drug operations, for the mutual protection of the accused personalities and the
police officers, and to ensure that the anti-drug war adheres to the Philippines’ obligations on the
protection of human rights.

It is my eamest hope that my colleagues in the House of Representatives and the Senate see the
virtue of this proposal, and approval of this bill is highly and camnestly recommended.

(ERNADETTE HERRERA-DY


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

1011

HOUSE BILL NO.

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT MANDATING THE CREATION OF AN EMBEDDING INTER-AGENCY
TASK FORCE FOR THE PURPOSE OF EMBEDDING COMMISSION ON HUMAN RIGHTS.
AGENTS IN POLICE OPERATIONS IN ORDER TO PROPERLY DOCUMENT AND
INVESTIGATE HUMAN RIGHTS VIOLATIONS COMMITTED DURING LEGITIMATE
POLICE OPERATIONS, AND AMENDING EX22 ECUTIVE ORDER NO. 163 THEREOF

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

SECTION 1 Short Title. This Act shall be known as the "Embedded CHR Agent
Act of 2019"

SECTION 2. Declaration of Policy.

Section 1 1, Article Il of the 1987 Constitution provides that "The State values the
dignity of every human person and guarantees full respect for human rights.

Section 1, Article XIII of the samc Constitution mandates Congress to "... give
highest priority to the enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic and political inequalities, and remove
cultural in equalities by equitably diffusing wealth and political power for the common
good.

Furthermore, Section 18, Article XII of the same Constitution created the
independent Commission on Human Rights, providing it with investigative and
supervisory powers to ensure the protection of human rights of Filipino citizens.

Additionally, Section 19, Article XIII provided that "Congress may provide for
other cases of violations of human rights that should fall within the authority of the
Commission, taking into account its recommendations. "


Government has taken significant steps in the drive to combat the proliferation of
illegal drags, a scourge that has affected hundreds of thousands of Filipinos
nationwide. However, the number of suspected drug personalities killed during
legitimate police operations has raised numerous human rights concerns locally and
abroad.


It is hereby declared as the policy of the State to provide priority measures that can help
ensure the protection of human rights during police operations, as well as ensuring the
treaty obligations of the Philippines in the protection of human rights are complied with
For this purpose, the government shall create an inter-agency task force for the
purpose of
outlining the processes and procedures for the embedding of Commission on Human
Rights agents with the Philippine National Police, aimed at ensuring the protection
of hu-
man rights of suspects as well as ensuring that the police officers conduct themselves
in a proper manner so as not to subject themselves to situations that would have
them liable for violations of human rij

SECTION 3. Definition of Terms. - For purposes of this Act, the following terms are
hereby defined:

a) "CHR" - refers to the Commission on Human Rights,
b) "CHR Embedded Agent" - refers to an official of the
CHR that is embedded with the Philippine National Police to
accompany the police during anti-drug operations
¢) "DILG" - refers to the Department of the Interior and Local Government.
d) "DOJ" - refers to the Department of Justice.
¢) "IATF" — refers to the Embedding Inter-Agency ‘Task Force.
£) "NBI" - refers to the National Bureau of Investigation.

g) "PNP" - refers to the Philippine National Police.

h) "Solicitor-General" - refers to the Office of the Solicitor-General.

SECTION 4. Establishment of an Embedding Inter-Agency Task Force (IATF).
An in- ter-agency task force shall be established for the purpose of discussing and
outlining the processes and procedures of safely embedding CHR Embedded Agents
within PNP anti drug operations, and the provision of training and safety equipment
thereto.

SECTION 5. Composition of the Embedding Inter-Agency Task Force
(IATF).


The IATF shall be composed of the PNP Director General, the CHR
wan, the DILG Sceretary, the DOJ Secretary, Director of the NBI, and the
‘or-General, or their authorized representatives.

Sol

‘The IATE shall meet as early as practicable upon the passage of this Act, and shall outline
the processes and procedures for proper implementation of the purposes outlined in this
Act.

The CHR Chairman shall be the Chairperson of the IATF, with the PNP Director General as
Vice-Chairperson, and the DILG Secretary, DOJ Secretary, Director of the NBI, and the
Solicitor-General shall be the Members.

The IATF shall provide a joint report detailing the conduct of anti-drug operations and the
actions aimed at the protection of human rights during such operations. This report shall be
submitted to Congress once each year, at a date to be determined by the [ATF.

SECTION 6. Functions. The IATF shall coordinate governmental programs on anti-drug
efforts and human rights initiatives, which shall include, but not limited to the following:

a. Development and execution of strategies and schemes aimed at combating
illegal
drugs and balancing the human rights of alleged personalities;

b. Training of CHR agents to be embedded to accompany police officials in
the conduct of anti-drug operations;

c. Prosecution of private or public officials engaged in human rights violations
during police operations; and

d. Preparation of an annual report to the Congress and to the President on the
manner by which police operations were conducted taking human rights into

consideration,

SECTION 7. Powers. In pursuit of ions as defined in the preceding section, the
IATE shall have the responsibility and authority to:

fun

a. Conduct surveillance and entrapment operations of persons alleged to be
engaged in the manufacture, sale, transport, or use of illegal and illicit drugs, drug
paraphernalia, drug manufacture instruments, and any currency or other items of


valuable consideration obtained as a result of the manufacture, sale, transport, or
use of such items;

b. Cause or direct the immediate investigation and speedy prosecution of c
involving allegations of human rights violations committed during police
anti-drug operations;

and

¢. Perform other powers and functions as may be deemed necessary by the
Chairperson Ifor the effective discharge of its mandate or as may be directed by
the President.

SECTION 8. Funding. All government agencies hereby declared part of the IATF are
authorized to allocate from their existing funds such amounts as may be necessary
for the additional funding requirements that may be needed by the IATF, subject to
the usual government accounting and auditing rules and regulations.

The President may, subject to his discretion, allocate additional funds for the [ATF
through the General Appropriations Act.

SECTION 9.Separability Clause. In the event that any provision of this Act is declared
unconstitutional, invalid, or illegal, the constitutionality, validity, or legality of the
remainder of the provisions of this Act shall not be affected thereby.

SECTION 10. Repealing Clause. All laws, presidential decrees, letters of instructions,
executive orders, administrative orders, rules, regulations, and other issuances or parts
thercof which are contrary to or inconsistent with the provisions of this Act are hereby
revoked, repealed or modified accordingly.

SECTION LL Effectivity This Act shall take effect fifteen (15) days following the
completion of its publication in any two (2) national newspapers of general circulation

Approved,