FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B.NO. 2617 
INTRODUCED BY SENATOR VILLAR 
EXPLANATORY NOTE 
'10 
NOV 30 P 4 :20 
.. recognition of the inherent dignity and of tlte' equal 
and inalienable rights of all members of the human family is the 
foundation of freedom, justice and peace in the world 
-Preamble to the Universal Declaration of Human Rights. 1948 
The United Nations High Commissioner for Human Rights provides for a very 
apt description of human rights when it defines it as "rights inherent to aJl human 
beings, whatever our nationality, place of residence, sex, national or ethnic origin, 
colour, religion, language, or any other status. We are all equally entitled to our 
human rights without discrimination. These rights are all interrelated, interdependent 
and indivisible." 
Human rights is the cornerstone of our democracy as recognized in the 1987 
Constitution. To respect and protect the rights of the people against the might and 
coercive power of the State the Constitution provides under Section 11 of Article II 
that: "the State values the dignity of every human person and guarantees full respect 
for human rights". 
Pursuant to this mandate the government has ratified all the major human 
rights instruments, namely the International Covenant on Civil and Political Rights 
(1986); International Covenant on Economic, Social and Cultural Rights (1974); 
International Convention on the Elimination of All Forms of Racial Discrimination 
(1967); Convention on the Elimipation of All Forms of Discrimination against 
Women (1981); Convention against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (1987); Convention on the Rights of the Child (1990); and 
the International Convention on the Protection of the Rights of All Migrant Workers 
and Members of Their Families (1995). 
Parts of this bill is culled from Senate Bill No. 22 entitled "AN ACT 
PROTECTING THE HUMAN RIGHTS AND HUMAN SECURITY OF THE 
FILIPINO 
PEOPLE, 
STRENGTHENING 
THE 
ORGANIZATION 
AND 
EXPANDING THE FUNCTIONS OF THE COMMISSION ON HUMAN 
RIGHTS 
AND 
CRIMINALIZING 
HUMAN 
RIGI-ITS 
AND 
HUMAN 
SECURITY VIOLATIONS" which has been originally filed in the Fourteenth 
Congress. However, this bills treatment of human rights differs with that as 
originally filed as this creates the crime of human rights violations and provides 
the corresponding penalties. The right to identity and clear definition of the right 


to life was incorporated in this bill In order to enrich the spirit of our basic 
freedoms. 
This Bill cements our country's commitment to human rights by proving for a 
mechanism for its protection and the institutionalization of the principles of human 
rights pursuant to the treaties and instruments which we are signatories and parties to. 
It is the aim of this proposed act to balance the national security interest with human 
rights in the light of the truth, that all men are created equal, and that they are 
endowed with certain unalienable Rights. 
By criminalizing human rights violations in this act, this bill intends to 
intensify the respect for the individual freedoms of all persons by ensuring that any 
violation of their basic rights are penalized and dealt with by law. 
This proposed measure is an expression and guarantee in law as well as a 
statement of the general principles of human rights, by laying down the obligations of 
the government to act in certain ways or to refrain from doing certain acts in order to 
promote and protect human rights and fundamental freedoms of the people. 
For the foregoing reasons, the passage of this bill is hereby sough . 
, 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B.NO. 261'2 
INTRODUCED BY SENATOR VILLAR 
AN ACT 
'10 
NOV 30 P 4 :20 
STRENGTHENING THE POWERS AND FUNCTIONS OF 
THE COMMISSION ON HUMAN RIGHTS 'AND CRIMINALIZING FOR 
THE PURPOSE HUMAN RIGHTS VIOLATIONS 
Be it enacted in the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
Chapter I 
DECLARATION OF STATE POLICIES 
Section 1. Declaration of State Policy. -It is the policy of the State to value 
the dignity of every human person and guarantee full recognition, respect, protection 
and fulfillment of human rights as the means for ensuring the security of its people. 
Towards this end, the State shall adopt human rights and human security measures to 
protect the people from pervasive threats to their rights, safe~y and lives. 
The State shall enact measures to ensure the effective enforcement of the 
State's obligations under its treaty obligations in the following human rights treaties: 
International Covenant on Civil and Political Rights (1986); International Covenant 
on Economic, Social and Cultural Rights (1974)'; International Convention on the 
Elimination of All Forms of Racial Discrimination (1967); Convention on the 
Elimination of All Forms of Discrimination against Women (1981); Convention 
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
(1987); Convention on the Rights of the Child (1990); and the International 
Convention on the Protection of the Rights of All Migrant Workers and Members of 
Their Families (1995). 
To ensure the respect, protection and promotion of human rights, the State 
shall strengthen the organization of the Commission on Human Rights by granting it 
additional powers and functions. 
Chapter II 
HUMAN RIGHTS 
Section 2, Definition of Human Rights. - For purposes of this Act, human 
rights will be limited to the rights affirmed and recognized in the treaties that have 
been ratified by the Republic of the Philippines in the following instruments: 
International Covenant on Civil and Political Rights (1986); International Covenant 


on Economic, Social and Cultural Rights (1974); International Convention on the 
Elimination of All Forms of Racial Discrimination (1967); Convention on the 
Elimination of All Forms of Discrimination against Women (1981); Convention 
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
(1987); Convention on the Rights of the Child (1990); and the International 
Convention on the Protection of the Rights of All Migrant'Workers and Members of 
Their Families (1995). 
. 
The rights affirmed and recognized in the Comprehensive Agreement on the 
Respect for Human Rights and International Humanitarian Law (CARHRlHL) shall 
also be recognized in this Act. It shall also include such rights recognized in the 
Universal Declaration of Human Rights (1948) and those found in Article III of the 
1987 Constitution. 
;I 
Section 3. Human Rights Violation. - For purposes of this Act, human rights 
violations shall mean any act of depriving any person of the enjoyment and 
possession of his civil and political rights enunciated in the International Covenant on 
Civil and Political Rights (ICCPR) and other rights provided for under Chapter III of 
this Act that are civil and political in nature and rights found in Article III of the 1987 
Constitution. 
CHAPTER III 
CIVIL AND POLITICAL RIGHTS 
Section 4. Recognition and equality before the law. - Everyone is entitled to 
equal protection before the law without distinction of any kind, such as race, color, 
sex, gender, language, religion, political or opinion, national or social origin, property 
or other status. 
Section 5. Right to Life. - The right to life shall be protected by law. It is 
inherent trom the moment of conception. 
Section 6. Protection from torture, cruel, inhuman or degrading treatment. -
Noone shall be subj ected to torture or to cruel, inhuman or degrading treatment or 
punishment. In particular, no one shall be subjected without his free consent to 
medical or scientific experimentation. 
Section 7. Protection oftlte Family and Children. -
A. The family is the natural and basic social institution. 
B. Every child shall have the right to be protected, without discrimination or 
distincti on of any kind. 
Section 8. Privacy and Reputation. - Everyone has the right not to have his 
privacy, family, home or correspondence interfered with unlawfully or arbitrarily; and 
not to have his reputation unlawfully attacked. 
Section 9. Freedom of Movement. - Everyone shall have the right to move 
treely in the country and to leave it, and the freedom to choose his residence. 
Section 10. Freedom o.fthought, conscience, religion and belief -


A. Everyone shall have the right to freedom of thought, conscience, and 
religion and to be respected in his beliefs. This right includes: 
1. The freedom to have or adopt a religion or belief of his or her 
choice; and 
2. The freedom to demonstrate his or her 'religion or belief in worship, 
observance, practice and teaching, either individually or as part of a 
community and whether in public, or private. 
3. No one shall be coerced in a way that would limit his freedom to 
have or adopt a religion or belief in worship, observance, practice or 
teaching. 
. 
Section 11. Peaceful Assembly and Freedom of Association. - Everyone shall 
have the right to peaceful assembly and freedom of association. 
Section 12. Freedom of Expression. - Everyone has the right to freedom of 
expression and to hold opinions without interference. This right includes the fi'eedom 
to seek, receive and impart information and ideas ,of all kinds, regardless of borders, 
whether orally, in writing or in print, by way of art, or in another way chosen by him. 
Section 13. Right to Identity. - Everyone has the right to freedom of 
expression of identity or personhood through speech, deportment, dress, bodily 
characteristics, choice of name, or any other means, as well as the freedom to seek, 
receive and impart information and ideas of all kinds, including with regard to human 
rights, sexual orientation and gender identity, through any medium. 
Section 14. Taking part in public life, - Everyone has the right and to have the 
opportunity, to: 
A. Take part in the conduct of public affairs, directly or through freely chosen; 
B. Vote and be elected at periodic elections, provided under the constitution; 
C. Have access on general terms of equality, for appointment to the public 
representatives; and other laws; and service and public office. 
Section 15. Right to Access Public Services.- Everyone has the right of equal 
access to public services regardless of sex, creed, o~ political affiliation. 
Section 16. Right to liberty and security of person, -
A. Everyone has the right to liberty and security of person. No one shall be 
arbitrarily arrested or detained. 
B, No one may be deprived of liberty without due process of law. 
C. The rights of persons arrested, detained or under custodial investigation as 
provided for in Republic Act 7438 shall be respected at all times, 
D. Anyone who has been unlawfully arrested or detained shall have the right 
to compensation for the arrest or detention. 


E. No one shall be imprisoned only because of an outstanding debt. 
F. No one shall be labeled, arrested, detained, or imprisoned by reason of 
one's political or religious belief. 
Section 17. Humane Treatment when deprived of liberty. -
A. Anyone deprived of liberty must be treated humanely and with respect for 
the inherent dignity of the human person. 
B. An accused person must be segregated from convicted people. 
Section 18. Fair Trial. - Everyone has the right that when faced with criminal 
charges, to have his rights and obligations recognized by law, and that such charges 
shall be decided by a competent, independent and impartial court or tribunal after a 
fair and public hearing. The press and the public may be excluded froro all or part of a 
. trial -
A. To protect morals or public order; 
B. If the interest of the private lives of the parties require the exclusion; or 
C. If, and to the extent that, exclusion is strictly necessary, in special 
circumstances of the case, because publicity would otherwise prejudice the 
interests of justice, subject to the remedies provided for under the Rules of 
Court. 
. 
Section 19. Compensation for wrongful conviction. -
A. This section applies if 
1. Anyone is convicted by a final decision of a criminal offense; 
2. The person suffers punishment because of the conviction; and 
3. The conviction is reversed, or he or she is pardoned, on the ground 
of insufficiency of evidence the circumstances of which would 
show conclusively that there has been a miscarriage of justice. 
B. If this section applies, the person wrongfully convicted shall be 
compensated according to law. 
Section 20. Freedom from forced work. -
A. No one shall be held in slavery or involuntary servitude; and 
B. No one shall be made to perform forced or compulsory labor. 
Section 21. Rights of Indigenous, Religious or Linguistic Groups. - Anyone 
who belongs to an indigenous, religious or linguistic group shall not be denied of his 
right to his culture, to declare and practice his religion and to use his own language. 
Section 22. Rights apart from this Act. - This act does not limit the extent of 
human rights, it recognizes all the rights that an individual may have under domestic 
and international law. 


CHAPTER IV 
ORGANIZATION, POWERS AND FUNCTIONS 
OF THE COMMISSION ON HUMAN RIGHTS 
Section 23. Composition of the Commission on Human Rights. - The strict 
application, enforcement and monitoring of the rights provided for in Chapter III of 
this Act shall be vested in the Commission on Hum,an Rights. 
A. The Commission on Human Rights shall be composed of a Chairperson and 
four Members who must be natural-born ,citizens of the Philippines, at least 
thirty years of age, holders of a college degree, of proven independence, 
integrity and competence, and have been consistently involved in human 
rights promotion and protection activities. 
1. The Chairperson and two Members of the Commission shall be 
members of the Philippine Bar whose field of expertise and practice 
is human rights law. 
2. At least one member of the Commission shall come from- a Non-
Government Organization whose advocacy is in the field of human 
rights. 
3. No candidate in any election shall, within one year after such 
election, be appointed Chairperson or Member. 
4. In choosing the composition df the Commission, regional and 
cultural diversity as well as gender balance shall be taken into 
consideration. 
The choice of membership will give primordial consideration to 
independence and pluralism of the Commission's composition. 
B. The Chairperson and the Members shall be appointed by the President with 
the consent of the Commission on Appointments for a term of seven (7) 
years without reappointment. Appointment to any vacancy shall be only 
for the unexpired portion of the term of the predecessor. In no case shall 
any Member be appointed or designated in a temporary or acting capacity. 
C. The Chairperson and the Members shall not, during their tenure, hold any 
office or employment. Neither shall they engage in the practice of any 
profession or 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 subdivisions, 
agencies, or instrumentalities, including government-owned or controlled 
corporations or their subsidiaries. 
Section 24. Powers and Funations. - The Commission shall have the 
following powers and functions: 
A. Investigate, on its own or on complaint by any party, all forms of human 
rights violations involving civil and political rights; 


B. Upon finding of probable cause, recommend the prosecution of human 
rights violations involving civil and political rights to the Department of 
justice; 
C. To submit to the executive, the legislative department and any other 
competent body, on advisory basis either at the request of the authorities 
concerned or through the exercise of its power to hear a matter without 
higher referral, opinions, recommendations, proposals and reports on any 
matters concerning the protection and promotion of human rights. 
D. To contribute to the reports which States are required to submit to the 
United Nations treaty bodies and committees pursuant to the treaty 
obligations of the Philippines, where necessary, to express an opinion on 
the subject, with due respect for their independence; 
E. To cooperate with the United Nations and any other agency in the United 
Nations system, the regional institutions of other countries which are 
competent in the areas of the protection and protection of human rights; 
F. Adopt its operations guidelines and rules of procedure, and cite for 
contempt violations thereof in accordance with the Rules of Court; 
H. Provide appropriate legal measures for the protection of human rights 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; 
I. Exercise visitorial powers over jails, prisons or detention facilities; 
J. Establish a continuing program of research, education, and information to 
enhance respect for the primacy of humar rights; 
K. Recommend to Congress effective measures to promote human rights and 
to provide for compensation to victims of violations of human rights or 
their families; 
L. 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; 
M. Request the assistance of any department, bureau, office or agency in the 
performance of its functions; 
N. Appoint its officers and employees in accordance with law; 
P. Perform such other duties and functions as may be provided by law. 
Section 25. Structural Organization. - The Commission shall have the 
following line and staff offices: 
A. Office of the Executive Director. - This Office shall be responsible for 
managing the day-to-day affairs, activities and operation of the 


Commission, in accordance with its policies and instructions; it shall have 
general supervision over all lipe and staff offices, regional offices, and 
personnel; and it shall perform such other duties and functions as the 
Commission may assign to it. 
It shall be headed by an Executive Director appointed by the President with 
the consent of the Commission on Appointments, who shall be a member 
of the Philippine Bar with proven integrity and competence and has been in 
the actual practice of law for at least five (5) years prior to his appointment 
and has consistently been involved in human rights protection and 
promotion activities. He shall have the rank and salary of a department 
undersecretary. 
B. Education, Training and Information Office. - This Office shall 
implement the programs for research, education and information to 
enhance respect for human rights, particularly the education and training 
programs provided in Section 24 of this Act, and perform such other duties 
and functions as the Commission may assign to it. 
It shall be headed by a Director appointed by the President with the 
consent of the Commission on Appointments, who shall be a holder of a 
college degree in education, mass communication, or in a related field, 
with proven integrity and competence and has been in the actual practice of 
his profession for at least five (5) years prior to his appointment or has held 
during such period any position in the government requiring the 
qualifications of his profession, and has consistently been involved in 
human rights promotion and protection activities. He shall have the rank 
and salary of an Assistant Secretary. 
C. Legal Office. - This Office shall investigate complaints of human rights 
violations; conduct preliminary investigation to determine the existence of 
a prima facie case for possible prosecution; provide other legal services to 
the Commission; provide legal aid services to victims of human rights 
violations; conduct periodic visits to the national penitentiary and penal 
colonies, detention facilities, and provincial, city or municipal jails; and 
perform such other duties and functions as the Commission may assign to 
it. 
It shall be headed by a Director appointed by the President with the 
consent of the Commission on Appointments, who shall be a member of 
the Philippine Bar with proven integrity and competence and has been in 
the actual practice of law for at least five (5) years prior to his appointment 
and has been consistently involved in human rights protection and 
promotion activities. He shall have the rank and salary of an Assistant 
Secretary. 
D. Regional Offices. - The Commission shall establish and maintain a 
regional office in each of the administrative regions, which shall exercise 
the powers and perform the functions of the Commission in the provinces, 
cities and municipalities, and barangays in the region, and perform such 
other duties and functions as the Commission may assign to regional 
offices. It shall be headed by a Regional Director appointed by the 
President with the consent of the Commission on Appointments, who shall 
be a holder of a college degree with proven integrity and competence, and 


has consistently been involved in human rights protection and promotion 
activities. 
He shall have the rank and salary of an Assistant Secretary. Human rights 
promotion officers in all departments, bureau, offices, 
agencies, 
subdivisions 
and 
instrumentalities of the 
Government 
including 
government owned or controlled corporations, who shall be chosen on the 
basis of their education, training and experience, and attitude on human 
rights, upon the recommendations of their office heads. They shall 
coordinate the activities of human rights advocates; participate in human 
rights research, education and training, and information programs, projects 
and activities; protect and promote human rights and encourage respect for 
human dignity; monitor reports of human rights violations; and perform 
such other duties as the Commission or the Regional Director may assign 
to them from time to time. All human rights promotion officers shall 
undergo orientation and training on human rights before entering upon the 
performance of their duties. 
E. Education and Training Programs. -
I. At every level of formal education, the Department of Education, in 
coordination with the Commission, shall require private and public 
schools, including State colleges and universities, to offer courses 
designed to inculcate in the minds and hearts of the youth the need 
to respect human dignity and to protect and promote human rights. 
Similar courses shall likewise be included in the non-formal 
education program. 
2. The Civil Service Commission, the Civil Service Academy and the 
Development Academy of the Philippines, in coordination with the 
Commission, shalJ include a course design on human rights in their 
training programs for civil service officers and employees and for 
Career Executive Officers. 
. 
3. The Department of National Defense, the Armed Forces of the 
Philippines, the National Defense ColJege, and the Philippine 
Military Academy and other military training schools, in 
Coordination with the Commission, shall include the study of 
human rights in their programs for the education and training of all 
military officers and enlisted men, in the reserve or active service, 
especially of arresting or investigating officers and agents, prison or 
j ail guards, and other personnel assigned to the national penitentiary 
or penal colonies, detention facilities, and prisons or jails. 
4. The Philippine National Police, the National Police Academy of the 
Philippines, the National Police Commission, and the provinces, 
cities, and muniCipalities, in coordination with the Commission, 
shall include the study of human rights in their programs for the 
education and training of police officers, policemen and firemen, 
jail or prison guards, and other personnel in charge of or assigned to 
the national penitentiary or penal colonies, detention facilities. and 
provincial, city or municipal jails, and private security guards (blue 
guards), as the case may be. 


5. The Department of Justice particularly the National Prosecution 
Service, the National Bureau of Investigation, the Bureau of 
Prisons, the Bureau of Immigration and Deportation, the Public 
Attorney's Office, and the Office of the Ombudsman and the Office 
of the Special Prosecutor, in coordination with the Commission, 
shall include the study of human rights in their programs for the 
training and investigating or arresting officers or agents, jailor 
prison guards, and other personnel in charge of or assigned to the 
national penitentiary and penal colonies" detention facilities, and 
provincial, city or municipal jails. 
6. The Department of Finance particularly the Bureau of Customs, the 
Bureau of Internal Revenue, and the Finance Intelligence and 
Investigation Bureau, and other agencies or offices whose agents 
are authorized to conduct investigations and make arrests, shall, in 
coordination with the Commission, include the study of human 
rights in their programs for the training of investigating or arresting 
officers and agents, and personnel in charge of detention facilities. 
7. The Supreme Court, through its Philippine Judicial Academy 
(PHILJA) in coordination with the Commission shall include 
lectures on human rights in its' career development program for 
judges and court personnel. 
8. The Commission shall, in coordination with the commISSIons, 
departments, bureaus, and local, governments concerned, conduct 
seminars on human rights for detention and convicted prisoners and 
inmates of the national penitentiary and penal colonies, detention 
facilities, and provincial, city and municipal jails, at least once a 
year for each of those facilities. 
9. The education and training programs herein prescribe, among others, 
the teaching or lectures on the following subjects: a. Bill of Rights 
and other provisions of the Constitution on human rights; 
b. Crimes against the fundamental laws of the State, offenses or 
irregularities of public officers, and crimes against personal liberty; 
c. Offenses punished in special penal laws, including that committed 
by any public officer or employee or anyone acting under his orders 
or in his place, who shall obstruct, prohibit, or otherwise prevent an 
attorney entitled to practice in the courts of the Philippines from 
visiting and conferring privately with a person arrested (R.A. 857, 
as amended); 
d. 
Provision of the Administrative Code directing the Bureau of 
Prisons to supply a national prisoner, upon his release, with 
transportation to his home including a gratuity to cover the probable 
cost of subsistence in route, and a set of clothes; 
e. Human Relations provisions of the New Civil Code providing that 
any person suffering material or moral loss because a public servant 
or employee refuses or neglects, without just cause, to perform his 
official duty may file an action for damages and other relief against 
the latter, without prejudice to any disciplinary administrative 


action that may be taken (Article 27); or providing that any public 
officer or employee, or any private individual, who directly or 
indirectly obstructs, defeats, violates or in any manner impedes or 
impairs any of the civil and political rights and liberties of another 
person shall be liable to the latter for damages (Article 32); or 
providing that when a member of a city or municipal police force 
refuses or fails to render aid or protection to any person in case of 
danger to life of property, such peace officer shall be primarily 
liable for damages, and the city or municipality shall be subsidiarily 
responsible therefore (Article 34)i 
f. Rules for the treatment of prisoners provided in the Department of 
Justice Manual on the general rules, policies and operating 
procedures adhered to in the prison service; and 
g. The Universal Declaration of Human Rights and the other human 
rights treaties and conventions that the Philippines has ratified but 
not limited to: International Covenant on Civil and Political Rights 
(1986); International Covenant on Economic, Social and Cultural 
Rights (1974); International Convention on the Elimination of All 
Forms of Racial Discrimination (1967); Convention on the 
Elimination of All Forms of Discrimination against Women (1981); 
Convention against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (1987); Convention on the Rights of the 
Child (1990); and the International Convention on the Protection of 
the Rights of All Migrant Workers and Members of Their Families 
(1 995). 
The Commission shall avail of the facilities and services of the Philippine 
Information Agency (PIA), National Printing Office, and other government 
information agencies in the preparation, publication or reproduction of 
education and training materials, and in the dissemination of information on 
human rights. 
The completion of the education or training program herein prescribed shall be 
considered by the appointing authority and the Civil Service Commission in 
the appointment or promotion of said officers, agents, jailor prison guards, 
and other personnel, or in their continuance in the service if they are temporary 
or casual employees. 
Section 26. Investigation of Human Rights Violations. -The Commission 
shaH investigate all violations of human rights, whether or not they constitute any 
crime or offense, including violations of human t;ights recognized in the Universal 
Declaration of Human Rights and the following human rights treaties: International 
Covenant on Civil and Political Rights (1986); International Covenant on Economic, 
Social and Cultural Rights (1974); International Convention on the Elimination of All 
Forms of Racial Discrimination (1967); Convention on the Elimination of All Forms 
of Discrimination against Women (1981); Convention against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
(1987); Convention on the Rights of the Child (1990); and the International 
Convention on the Protection of the Rights of All Migrant Workers and Members of 
Their Families (1995). 


Section 27. Human Rights Clearance. - All public officers and their agents 
are not eligible for promotion and appointment unless they obtain a human rights 
clearance from the Commission. 
No person who has been convicted of a human rights violation or who has a 
pending case before any Court constituting a human rights violation will be given a 
human rights clearance by the Commission. 
Section 28. Appropriations. - The approved annual appropriations of the 
Commission shall be automatically and regularly released. In addition to the 
appropriations for the Commission in the current calendar year's General 
Appropriations Act, such sum as shall be necessary to implement the provisions of 
this Act shall be included in the General Appropriations Act for the ensuing calendar 
year. 
CHAPTER V 
PENALTIES 
Section 29. Penalties. - The following penalties shall be imposed on the 
violations under this act; 
A. Any person found guilty of human rights violation shall be punished with 
six years of imprisonment or a fine of at least Fifty thousand pesos 
(P50,OOO.OO) but not exceeding Two huhdred fifty thousand (P2S0,OOO.OO) 
or both; 
o 
B. Where a human rights violation constitutes any of the crimes against the 
fundamental law of the State, or offenses or irregularities of public officers, 
or crimes against personal liberty, defined and punished in the Revised 
Penal Code the penalty provided for by law shall be imposed in the 
maximum period and a fine of at least Fifty thousand pesos (PSO,OOO.OO) 
but not exceeding Two hundred fifty thousand (P250,OOO.OO). 
CHAPTER VI 
JI 
GENERAL PROVISIONS 
Section 30. Implementing Rules and Regulations. - The necessary rules and 
regulations to implement this act shall be formulated by the Department of Justice 
after consultation with the Commission on Human Rights and the various 
stakeholders including civil society groups, human rights advocates and victims of 
human rights violations and their families. 
Section 31. Congressional Oversight. - A special congressional oversight on 
human rights and human security shall be created by Congress to exercise oversight 
functions over the implementation of this Act. 
Section 32. Repealing Clause. - All other laws, decrees, executive orders, 
proclamations, and administrative regulations inconsistent with the provisions of this 
Act are hereby amended, modified or repealed accordingly. 


Section 33. Separability Clause. - In the event that any provision of this Act is 
declared unconstitutional, such declaration shall not affect the validity of the other 
provisions. 
Section 34. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its complete publication in a newspaper of general circulation. 
Approved,