Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS
First Regular Session

HOUSE BILL NO.. 0161

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

House Bill No. 9199 entitled “An Act Defining the Rights and Fundamental
Freedoms of Human Rights Defenders, Declaring State Responsibilities, and
Instituting Effective Mechanisms for the Protection and Promotion” was passed by the
17" Congress on 3 Reading and was transmitted to the Senate for appropriate action.
The bill is a consolidation of House Bill No. 1617 filed by Rep. Carlos Isagani Zarate
and House Bill No, 8182 filed by Rep. Edcel Lagman.

This bill was passed cognizant of Section 11, Article II of the 1987
Constitution which provides that, “The State values the dignity of every human person
and guarantees full respect for human rights.” Further, the Commission of Human
Rights is created under Section 17, Article XIII mandated to (1) investigate, on its own
or on complaint by any party, all forms of human rights violations involving civil and
political rights, (2) provide appropriate legal measures for the protection of human
Tights of all persons within the Philippines, as well as Filipinos residing abroad, and
provide for preventive measures and legal aid services to the underprivileged whose
human rights have been violated or need protection, and (3) grant immunity from
prosecution to any person whose testimony or whose possession of documents or other
evidence is necessary or convenient to determine the truth in any investigation
conducted by it or under its authority.

With the issue of “national security” stirring interstate and intrastate tensions in
different countries and regions, several accounts of extrajudicial killings, threats and
intimidation, arbitrary arrest, and detention of human rights defenders (HRDs) in the
Philippines.' On top of this, HRDs have also been subjected to surveillance by law
enforcement personnel.’ The United Nations Special Representative of the Secretary

1 “Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and
their Impact on Human Rights Defenders.” International Commission of Jurists.
2 Ibid.


General has further observed that the laws related to national security have been used
to persecute HRDs and hinder them from pursuing their work promoting and
protecting human rights.’ The alarming number of cases of harassment by executive
and judicial agents is a problem that is further weighed by the suppression of their
right freedom of expression, their right to peacefully assemble, and their right to
freedom of association.

In response to this contravention of various international human rights
standards, this bill aims to spell out the rights and freedoms of HRDs, the obligations
of the State and public authorities for the protection of such rights, the creation and
composition of the Human Rights Defenders Protection Committee tasked to enforce
these obligations, and the penalties for the violations of the Act.

In view of the foregoing, immediate approval of this measure is earnestly

Jepbort

3 Ibid.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS
First Regular Session

HOUSE BILL NO,0151

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

AN ACT
DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS
OF HUMAN RIGHTS DEFENDERS, DECLARING STATE RESPONSIBILITIES,
AND INSTITUTING EFFECTIVE MECHANISMS FOR
‘THE PROTECTION AND PROMOTION OF THESE RIGHTS AND FREEDOMS.

Be it enacted by the House of Representatives and the Senate of the Congress of the
Philippines in session assembled:
CHAPTER I
PRELIMINARY PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Human Rights Defenders
Protection Act.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State:

a. To value the dignity of every human person and to recognize, respect, protect, promote
and fulfill the rights and fundamental freedoms of persons, individually or in association with
others, regardless of race, ethnicity, color, sexual orientation and gender identity, language,

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religion, political or other opinion, national or social origin, property, birth or other status;

10 b. To give highest priority to the implementation of legislative enactments, executive
11 _ issuances and judicial decisions that guarantee respect, protection, promotion and fulfillment of
12 human rights and fundamental freedoms;


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c. To provide access to legal remedies and reparative measures including monetary
compensation and psychosocial accompaniment and rehabilitation to human rights violations
victims;

d. To fully and strictly adhere to the principles and standards on human rights and
fundamental freedoms set by the Constitution and international human rights instruments
including the:

1. Universal Declaration of Human Rights (UDHR);

2. Declaration on the Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms (Declaration on Human Rights Defenders);

International Covenant on Civil and Political Rights (ICCPR);

4. International Covenant on Economic, Social and Cultural Rights (ICESCR);

5. Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT);

6. Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW);

7. Convention on the Rights of the Child (CRC);

8. International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (CMW);

9. Convention on the Rights of Persons With Disabilities (CRPD);

10. International Convention for the Protection of All Persons from Enforced
Disappearance (CPED);

11. Declaration on the Rights of Indigenous Peoples, and

12. Other universal treaties, comments and resolutions.

SEC. 3. Construction in Favor of Human Rights Defenders. — All provisions of this Act
shall be construed to achieve its objectives. All doubts in the implementation and interpretation of
these provisions shall be resolved in favor of the human rights defender.

SEC. 4. Definition of Terms. — As used in this Act, the following terms shall mean:

a. Human Rights and Fundamental Freedoms refer to rights or entitlements inherent in
all human persons and freedoms recognized in or declared by international and regional human
rights instruments and customary international law and by national laws that are consistent with


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the said instruments and law;

b. Human Rights Defender refers to any person who, individually or in association with
others, acts or seeks to act to protect, promote or strive for the protection and realization of human
rights and fundamental freedoms and welfare of the people, at the local, national, regional, and
international levels;

c. Human Rights Organization refers to a group, organization or association in the local,
national, regional or international level, whether formal or informal, that strive for the protection
of human rights and fundamental freedoms and welfare of the people;

d. Government Agency refers to any department, bureau, office or unit of the National
Government, or any of its branches and instrumentalities, or any political subdivision, as well as
any government-owned or controlled corporation, including its subsidiaries, or other self
governing branch, commission or council of the Government, to include but not be limited to any
grouping of the Armed Forces of the Philippines, Philippine National Police or other state security
forces, including military or police force multipliers.

e. Superior Officer refers to mean the next government official who has supervisory
powers or control over the head of the government agency to whom the subject head reports and
shall include but not limited to the President, Department Secretaries, Chief of Staff of the Armed
Forces of the Philippines, the Commanding General or Rear Admirals of any service in the Armed
Forces of the Philippines or the Director General of the Philippine National Police;

f. Intergovernmental Organization refers to an organization established through a treaty
or other treaties and mechanisms in pursuit of common issues, concerns and interests;

g. Public Authority refers to any person or body performing a function of a public nature
that is conferred or imposed by or pursuant to law, by popular election or appointment or delegated,
contracted by a governmental authority or agency;

h. Intimidation or Reprisal refers to any form of violence, threat, retaliation, de facto or de
jure adverse discrimination, pressure, judicial harassment, or any other arbitrary or abusive action
or threat related to a person’s status, work or activity as a human rights defender, including
proposed, attempted, or imputed work or activity directed at the: (i) human rights defender; (ii) the
human rights defender’s associate(s); (iii) a legal or other representative of the human rights
defender appointed to conduct his or her affairs or to otherwise act on his or her behalf; (iv) a

family member or relative of the human rights defender up to fourth degree of consanguinity or


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affinity, and includes common law relations; (v) a group, association, organization, community or
network, whether formal or informal, with which the human rights defender is associated; (vi) or
the home, property or possessions of the human rights defender or any of the other persons or

entities in items (ii) to (vi).

CHAPTER IL
RIGHTS AND FREEDOMS OF HUMAN RIGHTS DEFENDERS

SEC. 5. Right to Promote and Protect Human Rights and Fundamental Freedoms.
Everyone has the right, individually and in association with others, to promote and to strive for the
protection and realization of human rights and fundamental freedoms at the local, national,
regional and international levels.

‘SEC. 6. Right to Form Groups, Associations and Organizations. - Everyone, individually
or in association with others, has the right to form, join, or associate with and participate in local,
national, regional, or international organizations, whether formal or informal and whether
registered or unregistered, for the purpose of promoting and striving for the protection and
realization of human rights and fundamental freedoms.

SEC. 7. Right to Solicit, Receive and Utilize Resources — (1) Everyone, individually or in
association with others, has the right to solicit, receive and utilize resources, from domestic and
international organizations, including governmental, intergovernmental, philanthropic and private
sources, for the express purpose of promoting and striving for the protection and realization of
human rights and fundamental freedoms.

(2) In pursuance of the right in subsection (1), subject to the provisions of existing laws
and consistent with provisions of this Act, freezing, sequestration or seizure by any bank or
financial institution of the fund solicited from and released by the source is hereby prohibited.

SEC. 8. Right to Seek, Receive and Disseminate Information. — (1) Everyone,
individually or in association with others, has the right:

a. To know, seek, access, obtain, receive and hold information about all human
rights and fundamental freedoms, including information regarding how these rights and
freedoms are given effect in the legislative, judicial and administrative systems;

b. To know, seek access, obtain, receive and hold such information from

business enterprises and other private actors as may be necessary for exercising or


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protecting, or assisting to exercise or protect human rights or fundamental freedoms;

c. To freely publish, impart or disseminate to others views, information and
knowledge on all human rights and fundamental freedoms;

d. To study, discuss, form and hold opinions on the observance, both in law
and in practice, of all human rights and fundamental freedoms and, through these and
other means, to draw public attention to these matters.

(2) The right in subsection (1) may be exercised orally, in writing, in print, in the form
of art or through any other media, whether online or offline.

SEC. 9. Right to Develop and Advocate for Human Rights Ideas. — Everyone,
individually or in association with others, has the right to develop and discuss new ideas and
principles which relate to human rights and fundamental freedoms, and to advocate their
acceptance.

SEC. 10. Right to Communicate with Non-governmental, Governmental and
Intergovernmental Organizations. — Everyone, individually and in association with others, has
the right to freely communicate with non-governmental, governmental and intergovernmental
organizations, including subsidiary bodies, mechanisms or experts with a mandate relevant to
human rights and fundamental freedoms, as well as with diplomatic representations.

SEC. 11. Rights Against Vilification. — A person, individually and in association with
others, has the right against any act of false labeling or name calling, or of malicious and fabricated
accusations against him or her of any offense, or from any other kind of vilification.

SEC. 12. Right to Access, Communicate and Cooperate with International and Regional
Human Rights Bodies and Mechanisms. — \n accordance with applicable international
instruments and procedures, everyone, individually or in association with others, has the right to
unhindered access to and to communicate and cooperate with international and regional human
rights bodies and mechanisms, including treaty bodies and special procedures or special
rapporteurs.

SEC. 13. Right to Participate in Public Affairs. — (1) Everyone, individually or in
association with others, has the right to participate effectively in the conduct of public affairs,
including participation on a non-discriminatory basis in the government regarding human rights
and fundamental freedoms.

(2) The right referred to in subsection (1) includes the right:


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a. To submit to any public authority, or agency or organization concerned with public
affairs, criticism on or proposals for improving its functioning with respect to human rights
and fundamental freedoms;

b. To make recommendations to any public authority regarding legislative or
regulatory changes relating to human rights and fundamental freedoms;

¢. To draw to the attention of any public authority any aspect of its work that may
hinder or impede the promotion, protection and realization of human rights and
fundamental freedoms;

d. To call the attention of any public authority to any action or omission by any actor,
private or public, that may involve or contribute to a violation of human rights or
fundamental freedoms; and

¢. To freely publish, impart or disseminate to others any information submitted to any
public authority in the exercise of the rights set out in this Chapter.

SEC. 14. Right to Peaceful Assembly. — (1) Everyone, individually or in association with
others, has the right to meet or assemble peacefillly as well as to participate in peaceful activities
concerning human rights and fundamental freedoms, free from interference that is arbitrary or
unlawful by public authorities and private actors, at the local, national, regional or international
level,

(2) The right referred to in subsection (1) includes the right to plan, organize,
participate in and disseminate information regarding peaceful activities concerning human rights
and fundamental freedoms, including demonstrations, protests, seminars and meetings, whether
conducted in a public or private place.

SEC. 15. Right to Represent and Advocate. — (1) Everyone, individually and in association
with others, has the right to assist, represent or act on behalf of another person, group, association,
organization or institution in relation to the promotion, protection and exercise of fundamental
rights and freedoms, including at the local, national, regional and international levels.

(2) The right referred to in subsection (1) includes the right:

a. To complain about the policies and actions of public authorities with regard
to violations of human rights and fundamental freedoms, by petition or other appropriate
means, to domestic judicial, administrative or legislative authorities or any other competent
authority e.g. Commission on Human Rights, the Ombudsman


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b. To offer and provide professionally qualified legal counsel, paralegal, or
other relevant advice and assistance in defending human rights and fundamental freedoms;

a To attend public hearings, proceedings and trials so as to form an opinion
on their compliance with national law and human rights and fundamental freedoms; and

d. To submit communications and information of the type referred to in

Section 10.

SEC. 16. Right to Freedom of Movement. ~ (1) A person who is lawfully within the
territory, or subject to the jurisdiction of the Philippines shall, within its territory or place of
jurisdiction, have the right to liberty of movement and freedom to choose his or her residence and
shall have the right to carry out lawful activities in the entire territory or place of jurisdiction.

(2) No one lawfully within the Philippine territory shall be expelled, by means of an
individual or a collective measure, from its territory, wholly or partially, on account of the acts as
a human rights defender.

(3) No one shall be deprived of the right to enter or leave the country on account of one’s
status, activities or work as a human rights defender.

SEC. 17. Right to Privacy. — (1) Everyone, individually or in association with others, has
the right to privacy.

(2) The right referred to in subsection (1) includes the right of a human rights defender to
protect one’s privacy through lawful means, including encryption of personal data, and be free
from arbitrary and unlawful intrusion and interference into one’s personal activities including those
concerning one’s family, livelihood and place of work, one’s correspondences and possessions,
including all digital data pertaining thereto.

(3) “Intrusion and interference” under subsection (2) includes any form of surveillance,
recording, within the purview of Republic Act No. 4200, otherwise known as “An Act to Prohibit
and Penalize Wire Tapping and Other Related Violations of the Privacy of Communication, and
for Other Purposes,” search and seizure in relation to the legitimate activity or work as a human
rights defender.

(4) The right to privacy extends to groups, organizations or associations.

SEC. 18. Freedom from Intimidation or Reprisal. — No person shall be subjected,
individually or in association with others, to any form of intimidation or reprisal on the grounds of
or in relation to one’s status, activities or work as a human rights defender.


SEC. 19. Right to Establish a Sanctuary for Human Rights Victims and or their
Families. — Any person, individually or in association with others, who has been subjected to any
form of intimidation or reprisal, has the right to establish sanctuaries for any human rights violation
victim and/ or their immediate families.

Said sanctuary shall be considered established if that person gives confidential notice to
the Human Rights Defenders Protection Committee created under this Act indicating that said
place, building or area has been constituted as a sanctuary.

SEC. 20. Freedom from Defamation and Stigmatization. — No person shall be subject to
any form of defamation, stigmatization, or other harassment, whether offline or online, and
whether by public authorities or private actors, in connection with one’s status, activities or work
as a human rights defender,

SEC. 21. Right to Exercise Cultural Rights and to Development of Personality. — (1)
Consistent with Article 18 (1) of the UN Declaration on Human Rights Defenders, everyone,
individually or in association with others, has the right to the unhindered exercise of the cultural
rights in one’s activities and work as a human rights defender and to the free and full development
of one’s personality.

(2) The right referred to in Subsection (1) includes the right to challenge and change
traditional customs and practices that violate human rights and fundamental freedoms.

SEC. 22. Right to Effective Remedy and Full Reparation. - (1) Everyone, individually or
in association with others, has the right to an effective remedy and full reparation, both monetary
and nonmonetary, in the event of a violation of the rights in this Chapter II or a breach of
obligations under Chapter III of this Act.

(2) A person whose rights have been violated or who has been adversely affected by a
breach of obligations has the right to obtain such effective remedy and full reparation from the
appropriate government agency or court of competent jurisdiction.

(3) A complaint with the competent court or tribunal relating to the violation of rights
under a breach of obligations under Chapter III of this Act may be filed by the following.

a. ‘a human rights defender,
b. an association of the human rights defender;
c a legal or other representative of the human rights defender appointed to

conduct the affairs of or to otherwise act on behalf of the human rights defender;


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d. a family member of the human rights defender;

€. a group, association or organization with which the human rights defender
is associated;

f. any person acting in the public interest and consistently in pursuit of the

purposes of this Act; or
8. the Human Rights Defenders’ Protection Committee.

However, the consent of the victim must first be obtained as much as possible. In the
absence of such consent, the human rights organization or association may proceed with filing the
‘complaint or petition unless the lack or absence of consent is based on the threat to the life, liberty
or security of the victim or his or her family.

SEC. 23. Limitation on the Rights of Human Rights Defenders. ~ In exercising the rights
in Chapter II of this Act, a human rights defender, individually or in association with others, shall
be subject only to limitations that are prescribed by law, in accordance with international human
rights obligations and standards, are reasonable, necessary and proportionate, and are solely for
the purpose of securing due recognition of and respect for the human rights and fundamental
freedoms of others and meeting the reasonable requirements of public order and general welfare
in a democratic society.

CHAPTER IIL
OBLIGATIONS OF THE STATE AND PUBLIC AUTHORITIES

SEC. 24 . Obligation to Respect, Promote, Protect, and Fulfill the Rights of Human
Rights Defenders. — Public authorities shall take all necessary measures to ensure: (1) that the
human rights and fundamental freedoms in Chapter II of this Act are effectively guaranteed and
protected; (2) that all laws, policies and programs of government are consistent with the rights in
Chapter II of this Act; and (3) that human rights defenders are able to undertake their activities and
work in a safe and enabling environment free from restriction.

SEC. 25. Obligation to Facilitate the Activities and Work of Human Rights Defenders. —
Public authorities shall take all necessary measures in accordance with law to facilitate and protect
the exercise of the rights in Chapter II of this Act, which measures include the obligation to:

a. permit and facilitate access to places where persons are deprived of liberty;

b. permit and facilitate access to places and to information required by human rights
defenders to exercise their rights under Chapter II of this Act;


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¢. provide information about violations of human rights or fundamental freedoms that may
have been committed within the territory or subject to the jurisdiction, including the power or
effective control of the State;

d. develop and implement policies and measures to promote, support and enhance the
capacity of human rights defenders to protect and promote human rights and fundamental
freedoms; and

e. publicly recognize the role, function, and activities and work of human rights defenders
as legitimate and important.

SEC. 26. Obligation to Provide Free Access to Materials Relating to Human Rights and
Fundamental Freedoms. — Public authorities shall make freely available and accessible both
offline and online:

a. The Constitution, national laws and regulations;

b. International human rights instruments;

cc. Research, studies, reports, data, archives and other information and materials within the
Possession of public authorities that relate to human rights and fundamental freedoms;

d. Government reports and information submitted to international human rights bodies and
mechanisms;

e. Reports and communications of international human rights bodies and mechanisms
involving the country’s compliance with international treaty obligations:

f, Documents and information related to the decisions or activities of the Commission on
Human Rights and other national authorities with competence in the field of human rights and
fundamental freedoms; and

g. All such other information as may be necessary to secure or enable the exercise of any
human right or fundamental freedom under Chapter II or access to remedy for violation of any
such right.

SEC. 27. Obligation not to Disclose Confidential Sources, — (1) Public authorities shall
not disclose or require disclosure of the identity of sources used by human rights defenders.

(2) Notwithstanding Subsection (1), public authorities may disclose the identity of sources
used by human rights defenders if both the relevant source and the concerned human rights
defender give informed consent in writing to such disclosure or if so required by an independent
and impartial tribunal in accordance with international standards,


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‘SEC. 28. Obligation to Prevent and to Ensure Protection from Intimidation or Reprisal.
— Public authorities shall take all necessary measures to ensure the prevention of, and protection
from any intimidation or reprisal by any other public or private actor. These shall include protection
measures established under pertinent laws.

SEC. 29. Obligation to Penalize Intimidation or Reprisal. — Any public authority or
private actor who is found guilty of committing intimidation or reprisal against a person on the
grounds of or in connection with his or her status, work, activities as a human rights defender, shall
be subject to penalties as provided for the appropriate crime or crimes punishable under the
Revised Penal Code, in addition to administrative and/or civil sanctions which take into account
the gravity of the offense upon the discretion of the court or competent authority.

SEC. 30. Obligation to Refrain from Derogatory and Unfounded Labeling. — (1) Under
no circumstance shall public authorities engage in false, unfounded and derogatory labeling of

,” “communist,” “terrorist” or “enemies

human rights defenders including identifying them as “
of the State”.

(2) Public authorities shall immediately expunge or rectify such labeling as part of the non-
monetary reparation to victims referred to in Section 22 (2) of Chapter II and Section 34 of Chapter
III of this Act.

SEC. 31. Obligation to Ensure Protection from Arbitrary or Unlawful Intrusion and
Interference. — (1) Public authorities shall take extraordinary diligence to ensure the protection of
human rights defenders from arbitrary or unlawful intrusion and interference into one’s personal
activities including those concerning one’s family, livelihood and place of work, one’s
correspondences and possessions, including all digital data pertaining thereto.

(2) Intrusion and interference in subsection (1) include any form of surveillance, recording,
search and seizure in relation to any person’s legitimate activity or work as a human rights defender
without his or her consent.

SEC. 32. Obligation not to Participate in Violating Human Rights and Fundamental
Freedoms. — All public authorities are mandated not to participate, by acts of commission or
omission, in violating human rights and fundamental freedoms. Subordinate employees have the
right and duty to refuse any order from their superiors to participate in acts that contravene their
duty to protect, uphold and promote human rights and fundamental freedoms, and shall not be


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subject to any administrative sanction as a consequence of such refusal.

SEC. 33. Obligation to Conduct Investigation. - Whenever there is reasonable ground to
believe that a human rights defender has disappeared, been killed, tortured, ill-treated, arbitrarily
detained, threatened or subject to a violation of any of the rights in Chapter II of this Act, whether
by a public authority or private actor, the State must ensure that a prompt, thorough, effective,
independent and impartial investigation is conducted with extraordinary diligence and is
prosecuted under existing applicable laws, including RA 9745, “the Anti-Torture Act”; RA 10353,
the “Anti-Enforced or Involuntary Disappearance Act”; and RA 7438, “An Act Defining Certain
Rights of Person Arrested, Detained or Under Custodial Investigation as well as the Duties of the
Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations Thereof”.
Presumption of regularity in the performance of duty by the offending public authority shall not
be invoked.

SEC. 34. Obligation to Ensure Effective Remedy and Full Reparation. — Public
authorities shall take all necessary measures to ensure that an effective remedy and full reparation
are available and provided for violations of the rights in Chapter II and for breach of the obligations
in Chapter III of this Act.

SEC. 35. Obligation to Enforce and Institutionalize Command Responsibility. —
Government agencies shall enforce and institutionalize command responsibility and impose
sanctions against errant superior in both military and civilian agencies as provided under existing
laws and executive issuances.

SEC. 36. Obligation to Adopt Human Rights Based Governance. — Public authorities
shall adopt the human rights based approach to governance and development, including counter-
insurgency and anti-terrorism programs and policies.

SEC. 37. Obligation to Strengthen Protection Program. — The Commission on Human
Rights shall strengthen its protection program and provide a safe place of refuge or sanctuary for
high risk human rights defenders and or their immediate families, more particularly those who
have filed formal complaints against high ranking public authorities.

SEC. 38. Obligation to Respect the Principle of Non-refoulement. ~ No person shall be
forcibly returned, expelled or extradited to another State where there are substantial grounds to
believe that the human rights and fundamental freedoms of the person are in danger of being
violated.


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SEC. 39. Obligation to Promote and Facilitate Human Rights Education. — All
government agencies shall promote, facilitate and adequately provide resources on teaching,
training and education about human rights and fundamental freedoms to all persons within the
country’s jurisdiction. Teaching, training and education programs shall include information about
this Act and the important and legitimate work of human rights defenders.

The Department of Education (DepEd) and the Commission on Higher Education (CHED)
shall require human rights education as an obligatory curriculum in all academic institutions,
colleges and universities, public or private.

SEC. 40. Diligence Required. — Any complaint or report for violation of human rights and
fundamental freedom shall be dealt with and acted upon with extraordinary diligence by concerned
government personnel. Failure to act within three (3) days from reporting any violation of this Act
shall hold the government personnel criminally, civilly and administratively liable.

CHAPTER IV
THE HUMAN RIGHTS DEFENDERS PROTECTION COMMITTEE

SEC. 41. Creation and Composition of the Human Rights Defenders Protection
Committee. — (1) There shall be an independent collegial body to be known as the Human Rights
Defenders Protection Committee, herein referred to as the Committee, shall be composed of one
(1) Chairperson and six (6) Members. The Chairperson shall be selected by the Commissioners of
the Commission on Human Rights from among themselves in an en banc session. The six (6)
members shall be jointly nominated by two (2) representatives each of the Philippine Alliance of
Human Rights Advocates (PAHRA), Karapatan Alliance for the Advancement of People’s Rights
(Karapatan), Free Legal Assistance Group (FLAG), and the National Union of People’s Lawyers
(NUPL) in a meeting called for this purpose, without prejudice to the nominations of other human
rights organizations who have proven track records of probity and independence.

(2) The aforementioned nominees shall be appointed by the Commission on Human
Rights in an en bane session.

(3) The composition of the Committee shall have a balanced gender representation on
the basis of the principles of equality and non-discrimination and adequate representation of ethnic,
cultural and minority groups.

(4) The Committee shall be attached to the Commission on Human Rights (CHR) for
administrative and budgetary purposes only.


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(5) The Committee shall organize itself within thirty (30) days from the completion of the
selection process of the Chairperson and Members of the Committee as herein provided in
Subsection (1), and shall thereafter organize its Secretariat.

SEC. 42. Qualifications of the Committee Members. - The Members of the Committee
shall possess the following qualifications:

(1) Ofhigh moral character, recognized probity, competence, and integrity;

(2) Of known independence in making decisions and taking stances on issues and
concerns pertaining to the protection and promotion of human rights and fundamental freedoms;

(3) Must have a deep, thorough and enlightened knowledge and understanding of
human rights and fundamental freedoms and the role, work, and protection needs of human rights
defenders; and

(4) At least two (2) members, including the Chairperson must be members of the
Philippine Bar, who have been engaged in the practice of law for at least seven (7) years.

SEC. 43. Term of Office. - The Chairperson and Members of the Committee shall be
designated once for a term of five (5) years only. Of those first designated, three (3) Members shall
serve for five (5) years, two (2) Members for four (4) years, and the last two (2) Members shall
hold office for three (3) years. Succeeding Chairpersons and Members shall be designated for a
term of not more than five (5) years. Designation to any vacancy shall be only for the unexpired
portion of the term of the predecessor.

SEC. 44. Functions of the Committee. - The Committee shall exercise the following
functions:

a, Protect human rights defenders from intimidation and reprisals;

b. Ensure accountability for acts of intimidation and reprisal;

c. Facilitate and promote inter-agency and inter-department coordination to prevent, protect
from, investigate, and ensure accountability for acts of intimidation or reprisal;

d. Investigate on its own or on complaint by any party all forms of violations of human
rights and fundamental freedoms of human rights defenders;

e. Publicly acknowledge and promote the legitimate and important role, activities and work
of human rights defenders;

f, Consult regularly and work closely with human rights defenders in the implementation
of this Act;


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2. Monitor existing and proposed legislation, assess their impact or potential impact on the
status, activities and work of human rights defenders, and propose amendments and/or remedial
measures or block their passage if the measures shall to a large extent adversely affect the human
rights defenders and their work and activities;

h. Prepare and submit reports and communications on the situation of human rights
defenders to relevant international and regional human rights bodies and mechanisms;

i. Monitor and carry out periodic reviews of the implementation of this Act, the first of
which shall be conducted one (1) year afer its effectivity.

j. Submit annual reports on the situation of human rights defenders and the status of
implementation of this Act to the Office of the President of the Senate and the Office of the Speaker
of the House of Representatives;

k. Make recommendations to relevant authorities on the appropriate measures to be taken
to promote a safe and enabling environment for human rights defenders, mitigate and prevent the
risks they face, and address the root causes of violations against human defenders; and

1. Perform other relevant functions as may be necessary to attain the objectives of this Act.

SEC. 45. Training and Vetting. — All persons involved in the work and activities of the
Committee, including security and law enforcement officials, shall be appropriately vetted and
shall receive training on human rights and fundamental freedoms, the situation and protection
needs of human rights defenders prior to the commencement of the involvement, and continuing
training designed to ensure full and effective implementation of the Act.

CHAPTER V
PENALTIES

SEC. 46. Penalty for Violations of Sections 5 to 16 of this Act. - The penalty of prison
mayor in its maximum period to reclusion temporal in its medium period without privilege of
parole shall be imposed upon any government personnel or the whole complement ofa government
unit, the paramilitary personnel or the whole complement of the paramilitary unit, the government
asset (and/or the military affiliate) who violates any of the rights of a human rights defender
defined in sections 5 to 16 of this Act.

SEC. 47. Penalty for Destroying, Altering, or Falsifying Records and Documents. — The
penalty of prison mayor in its minimum to its medium period or a fine of One hundred thousand
pesos (Php100,000.00) or both, at the discretion of the court, shall be imposed upon any


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government personnel or the whole complement of a government unit, the paramilitary personnel
or the whole complement of the paramilitary unit, the government asset (and/or the military
affiliate) who impede, obstruct, or influence any preliminary investigation, administrative
investigation and/or petition by altering, destroying, mutilating, concealing, covering up,
falsifying, or making any false entries in any record, document, or specimen whereof, relative to
any matter involving any human rights defenders, defenders or organizations or activities.

SEC. 48. Penalty for Any Other Violations of this Act. ~The penalty of prison mayor in
its minimum period or a fine of One hundred thousand pesos (Php 100, 000.00) or both, at the
discretion of the court, shall be imposed upon any individual who violates any other provisions of
this Act.

SEC. 48. Violations of this Act as Aggravating Circumstances. - Any violation of any
provision of this Act committed during the commission of a crime defined in any penal laws shall
be considered an aggravating circumstance in the imposition of the penalty in said crime.

SEC. 49. Non-Applicability of the Probation Law. — Any violation of any provisions of
this Act which shall constitute the main crime or as an aggravating circumstance shall not entitle
the offender or the accused to the privileges of probation under the Probation Law.

CHAPTER VI
FINAL PROVISIONS

SEC. 50. Implementing Rules and Regulations. — (1) Within sixty (60) days from the
effectivity of this Act, the Commission on Human Rights, Member of the House Committee on
Human Rights, Member of the Senate Committee on Justice and Human Rights, in consultation
with PAHRA, Karapatan, FLAG, and NUPL, and other human rights organizations and individual
human rights defenders of known probity, shall jointly promulgate the Implementing Rules and
Regulations (IRR) for the effective implementation of this Act and shall ensure the full
dissemination of the Act and the IRR to the public.

(2) In formulating the corresponding rules and regulations and in implementing this Act,
the following guiding principles shall be strictly adhered to:

a Adherence to the rule of law is the ultimate safeguard against violations of
human rights and fundamental freedoms.

b. Empowerment of human rights defenders is enhanced by their active
participation in formulating, implementing, and evaluating protection programs for human


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rights defenders.

Periodic assessments of risks, vulnerability or conflict help identify
protection needs of human rights defenders giving particular attention to those of women
and others” who are at increased risks.

d. _ Keeping and maintaining confidentiality of the personal data collected on
human rights defenders and those referred to in Sec. 22 (3) herein upholds their right to
privacy and security of person.

e ‘Continuous training of the members of the Committee Secretariat on human
rights and fundamental freedoms, the root causes of their violations, and the work and
protection needs of human rights defenders help sustain their commitment to the objectives
of the Act.

f Independent and effective operation of the Committee and its Secretariat
requires sustained adequate resources.

g. Transparent, aboveboard, and equitable resource allocation and
disbursement help ensure maximum protection to human rights defenders and their
constituencies particularly those of higher risks and vulnerabilities

h. Risks and challenges faced by women and lesbians, gays, bisexuals and
transgenders (LGBT) human rights defenders and those working on women’s and LGBT
rights and gender issues demand special attention.

i Generating support from a strong, independent, and effective national
human rights institution and from the general public enhances and contributes to the
effective work of human rights defenders.

ij Open access to the United Nations and international human rights bodies
contributes to a safe and enabling environment for human rights defenders to work in.
SEC. 51. Suppletory Applications. ~ The applicable provisions of the Revised Penal Code

shall have suppletory application insofar as they are consistent with the provisions of this Act.
SEC. 52. Appropriations. — The amounts necessary for the implementation of this Act
shall be included in the annual General Appropriations Act
SEC. 53. Separability Clause. — If for any reason any part or provision of this Act is
declared unconstitutional or invalid, the other parts or provisions hereof which are not affected
thereby shall remain and continue to be in full force and effect.


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SEC. 54, Repealing Clause. ~ All laws, decrees, executive orders, rules and regulations
and other issuances or parts thereof, inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 55. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette, or in a newspaper of general circulation.

Approved,