Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

683

House Bill No.? °°

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

EXPLANATORY NOTE

Torture is one of the world's great evils. This should be incontrovertible fact, and yet
there remain those who seek to find excuses, technicalities, and justifications to rationalize its
existence, even in the face of objective studies that show that show torture is a wildly
ineffective means of extracting accurate information

But even if that were not the case, torture by the forces of the government, by those
who are meant to safeguard human life and dignity, is abhorrent. The State has yet to recover
from the damage done to its relationship with the people in the wake of Martial Law, and as
such the State must be exceedingly vigilant against even the mere possibility of torture
undertaken by its agents.

Out of compliance with our obligations under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and out of
acknowledgment of our own troubled history, and consistent with our commitment to justice
and morality, this bill, a re-filing of House Bill 750 of DIWA Party-list filed during the 17"
Congress, seeks (0 establish a government body with the mandate and power to police and
eradicate such a gross betrayal of public trust.

Y. AGLIPAY
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 683

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

AN ACT
ESTABLISHING A NATIONAL PREVENTIVE MECHANISM AGAINST
TORTURE IN THE PHILIPPINES

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. Declaration of Policy. - The State is fully committed to the prevention
of torture, and the establishment of an independent national Preventive mechanism, in
compliance with its obligations under the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This mechanism
is a visiting body set-up for the prevention of torture and other cruel, inhuman or degrading
treatment or punishment. The State will provide the necessary resources to ensure the
functional independence of this mechanism

SECTION 3. 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 four Members who must be chosen in
an open, transparent and inclusive process. Only individuals with proven track records in the
promotion of human rights shall form part of the Commission. Among the Chairperson and
Members there must be gender balance, adequate representation of ethnic and minority
groups in the country, and diversity of expertise, including the relevant legal and health-care
expertise.

‘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 of 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

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controlled corporations or their subsidiaries

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 President shall give due consideration
to nominations by civil society organizations engaged in the promotion of the right not to be
subjected to torture and other cruel, inhuman or degrading treatment or punishment.

The Chairperson and the Members of the Commission shalll receive the same salary as
the Chairperson and the Members, respectively, of the Constitutional Commissions, which
shall not be decreased during their term of office

SECTION 4. Powers. - The powers of the Commission include the power: (a) to
examine regularly the treatment of the persons deprived of their liberty in places of detention,
with a view to strengthening, their protection against torture and other cruel, inhuman or
degrading treatments or punishments; (b) to make recommendations to the relevant
authorities, with the aim of improving the treatment and the conditions of the persons
deprived of their liberty, and to prevent torture and other cruel, inhuman or degrading
treatment or punishment, taking into consideration the relevant norms of the United Nations;
(©) to submit proposals and observations concerning existing or draft legislation; (d) to allow
persons deprived of liberty access to the media or official channels in order to publicize
allegations of torture and other cruel, inhuman or degrading treatments or punishments; (e) to
secure medical attention for persons who may be the victims of torture and other cruel,
inhuman or degrading treatments or punishments; (f) to allow persons to communicate with
their families or legal counsel and to facilitate such communications; (g) to investigate
systems and procedures which could make persons vulnerable to and other cruel, inhuman or
degrading treatments or punishments; (h) to secure protection from the proper authorities for
persons who claim to have been victims of torture and other cruel, inhuman or degrading
treatments or punishments; and (i) to publicize their findings and/or reports, subject to
privileged and confidential information as defined below

The visiting mandate of the Commission shall extend to all places of deprivation of
liberty. Deprivation of liberty means any form of detention or imprisonment or the placement
of a person in a public or private custodial setting which that person is not permitted to leave
at will by order of any judicial, administrative or other authority. These detention places
include all, and any suspected, places of deprivation of liberty, which are within Philippine
jurisdiction, over which Philippine authorities exercise effective control.

‘The Commission or its duly authorized representatives shall carry out unannounced
visits to all, and any suspected, places of deprivation of liberty, in a manner, and with
sufficient frequency, to make an effective contribution to the prevention torture and other
cruel, inhuman or degrading treatment or punishment

SECTION 5. Access. - The Commission shall have (a) access to all information
concerning the number of persons deprived of their liberty in places of detention, as well as
the number of places, and their location; (b) access to all information referring to the
treatment of those persons, as well as their conditions of detention; (c) access to all places of
detention and their installations and facilities; (4) 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 Commission believes may

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supply relevant information; (e) liberty to choose the places they want to visit. and the
persons they want to interview; and (f) right to have contacts with the Subcommittee on the
Prevention of Torture, to send it information. and to meet with it

SECTION 6. Privilege. - No authority or official may order, apply, permit or
tolerate, directly or indirectly, any sanction against any person or organization, for having
communicated to the Commission any information, whether true or false, and no such person
or organization may be otherwise prejudiced in any way. Confidential information collected
by the Commission shall be considered privileged. No personal data may be published
without the express consent of the person concemed. The Commission shall ensure that any
confidential information acquired in the course of its work is fully protected.

SECTION 7. Dialogue. - 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
Commission may make. These authorities shall also publish and widely disseminate the
annual reports of the Commission.

SECTION 8. Penalties. -

a. _ The following acts, when committed by a public official, shall be subject to
the penalty of imprisonment of not less than six (6) months but not more than one (1) year,
with the accessory penalty of dismissal from service, without prejudice to other criminal and
civil liabilities:

1) Knowingly impeding or obstructing the Commission, or any of its Members or
duly authorized representatives, in the performance of their duties under this Act, and

2) Threatening or physically restraining the Members of the Commission, or duly
authorized representatives, in the performance of their duties under this Act.

b. Any private individual who knowingly induces or causes the commission of
the foregoing acts shall be liable as principal by inducement in the prosecution of public
officials of employees under this section.

¢. The acts under paragraph (a) of this Section, if proven in an administrative
proceeding shall be subject to the penalty of dismissal, even if no criminal prosecution is
instituted against the person found liable.

SECTION 9. Implementing Rules and Regulations. - The CHR shall issue the
necessary rules and regulations to implement the provisions of this Act within sixty (60) days
from its effectivity

In the formulation of the rules and regulations, the Commission shall coordinate with
the DSWD, the ONO, the DILG, the DENR, the DOH and shall likewise consult with the
LGUs and human rights non-governmental organizations and people's organizations.

SECTION 10. Repealing Clause. - All laws, decrees, executive orders,
memorandum orders, memorandum circulars, administrative orders, ordinances or any part
thereof, inconsistent with the provisions of this Act are hereby deemed repealed or modified
accordingly.

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SECTION 11. Separability Clause. - If any part or provision of this Act shall be
declared unconstitutional or invalid, the other portions hereof which are not affected thereby
shall remain full force and effect.

SECTION 12. Effectivity. - This act shall take effect fifleen (15) days upon its
publication in at least two (2) newspapers of national circulation.

Approved,

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