Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House sitLNo.__ 2924

Introduced by AKBAYAN Representatives Walden F. Bello and Kaka J. Bag-ao

EXPLANATORY NOTE

Itis the sacred duty of the State to preserve peace and order and to protect society by
ensuring the proper enforcement of the Constitution and other national laws. But in the
course of performing this mandated duty, military, police and/or other law
enforcement agencies’ operations to suppress rebellion or to pursue and/or apprehend
criminal elements, no matter how cautiously conducted, invariably cause damage and
injury upon innocent civilians and non-combatants.

Unfortunately, there is no existing government mechanism that compensates for these
damage and injury which come in the form of physical and/or psychological injuries,
death and/or destruction of properties.

Hence, the proposed measure seeks to fill in this void in order to prove to the citizenry
that such damage and injury are inevitable consequences of the government's duty to
defend itself and protect its people.

Enactment of this bill into law is therefore earnestly sought.

Cll

WALDEN F. BELLO

as


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__ 2924

Introduced by AKBAYAN Representatives Walden F. Bello and Kaka J. Bag-ao

AN ACT
PROVIDING FOR REASONABLE COMPENSATION AND BENEFITS FOR THE
LOSS OF LIVES, INJURIES AND DAMAGES TO PROPERTY SUFFERED BY
NON-COMBATANT INDIVIDUALS IN THE COURSE OF OPERATIONS BY
THE MILITARY, POLICE AND/OR OTHER LAW ENFORCEMENT AGENCIES
AND FOR OTHER PURPOSES

8e enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Declaration of Policy. \t shall be the policy of the State to provide
compensation to and rehabilitation of non-combatant individuals caught in the crossfire
of operations by the military, police and/or other law enforcement agencies and their
families and who suffered damage to property, physical injuries or death.

SEC. 2. Definition of Terms. The following terms used in this Act are defined, as follows:
Non-combatant victims shall be those individuals who have not directly and/or actually
participated in an armed confrontation or those persons who have not directly or
indirectly caused the encounter involving the military, police and/or other law
enforcement agencies. Civilian officials and personnel of the government of the
Philippines who have not directly and/or actually participated in the aforementioned
armed confrontation shall be deemed included in the term non-combatant individuals.

An operation by the military, police and/or other law enforcement agencies shall
be deemed unlawful when it is conducted in such a way that there is absolutely no
justification for its undertaking and/or it is a clear violation of the constitution, existing
laws and basic human rights of the people in the community. Simulated encounter by
the military, police and/or other law enforcement agencies shall also be considered
unlawful under this Act.

SEC. 3. The Board of Compensation and Rehabilitation; Composition, Powers and
Functions. There is hereby created a Board of Compensation and Rehabilitation under
the Commission on Human Rights, herein referred to as the Board, to be composed of
one (1) chairman to be appointed by the Chair of the Commission and four (4) members
representing the Department of Social Welfare and Development, the Department of
National Defense, the Department of Interior and Local Government, and the human
rights non-governmental organizations and people’s organizations.

The Board shalll have the following powers and functions:


(a) receive, evaluate, process and investigate applications for claims under
this Act;

(b) conduct an independent administrative hearing and resolve applications
for claims, grant or deny the same; and,

(©) deputize appropriate government agencies in order to effectively
implement its functions

SEC. 4. Compensation and Rehabilitation of Non-combatant Victims. The law
enforcement agency/ies conducting the operation, the Department of Social Welfare
and Development, the Department of Health, the corresponding government hospital
and the local government unit concerned shall provide immediate relief to non-
combatant individuals who are victims of operations of the military, police and/or other
law enforcement agencies. However, whatever amount a particular local government
unit might shell out to fulfill the intent of this Act shall be reimbursed by the Board.

The Board, upon favorable resolution of the claims, shall award the following:

(a) Where death of a non-combatant individual occurs in the course of an
operation conducted by the military, police and/or other law enforcement
agencies, the amount of Fifty Thousand Pesos (PS0,000.00) shall be granted to
the legal heirs of the victim by way of a death benefit;

(b) Where physical, emotional and/or psychological injury is caused to a non-
combatant individual in the course of an operation conducted by the military,
police and/or other law enforcement agencies, the Board shall pay the victim the
cost of hospitalization and other related and consequential damages resulting
from such injury; and,

(c) Where loss of or damage to property of a non-combatant individual is
caused in the course of an operation conducted by the military, police and/or
other law enforcement agencies, the Board shall pay the amount corresponding
to the assessed value of the property lost or destroyed or the amount mutually
agreed upon by the parties.

SEC. 5. Liability of Concerned Law Enforcement Agency. Where the operation
conducted by the military, police and/or other law enforcement agencies falls under
Section 2, paragraph b of this Act, the concerned military, police and/or other law
enforcement agency shall pay jointly and severally the compensation awarded by the
Board

The commanding officers, as well as all elements of the military, police and/or
other law enforcement agencies who actually and/or directly participated in the
operation shall be prosecuted, charged and held liable before a criminal court.

SEC. 6. Appropriations. The amount necessary to carry out the provision of this Act
shall be charged against the current year’s savings of the law enforcement agencies
concerned. Thereafter, such sums as may be needed for the continued implementation
of this Act shall be included in the annual general appropriations.

SEC. 7. Implementing Rules and Regulations. The Commission on Human Rights, in
consultation, coordination and collaboration with the Department of Social Welfare and
Development, the Department of National Defense, the Department of Interior and
Local Government, and human rights non-governmental organizations and people's
organizations, shall prepare the implementing rules and regulations necessary to carry
‘out the provisions of this Act.



SEC. 8. Repealing Clause. All laws or any part thereof, inconsistent herewith are
deemed repealed or modified accordingly.

SEC. 9. Effectivity. This Act shall take effect fifteen (15) days upon its publication in at
least two (2) newspapers of national circulation.

APPROVED,