Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. 
Introduced by Representative BIENVENIDO ABANTE JR, JOSEPHINE 
VERONIQUE "JAYE" R. LACSON-NOEL, YEDDA MARIE K. 
ROMUALDEZ, JUDE A. ACIDRE 
AN ACT PROTECTING THE RIGHTS OF INTERNALLY DISPLACED 
PERSONS AND PENALIZING THE ACTS OF ARBITRARY INTERNAL 
DISPLACEMENT 
EXPLANATORY NOTE 
For the past years, the Philippines has faced numerous instances of 
displacement – of people forced and obliged to flee their homes due to various 
reasons --- conflict, clan wars, natural disasters, and development projects. In the 
year 2021 alone, more than 590,000 people were still displaced as of the end of 
December.1 
While in displacement, internally displaced persons (IDPs) face a myriad of 
issues: Food insecurity due to lack of or irregular food provision, inability to access 
social services such as health care and education, and inability to provide for their 
families as their livelihoods are suspended or affected due to displacement. In some 
cases, IDPs face the loss or destruction of their homes and properties. When plans 
are developed for their return, integration or settlement, these processes often suffer 
from the lack of consultation and participation from IDPs.   
It is in this light that the proposed bill “An Act Protecting the Rights Of 
Internally Displaced Persons and Penalizing the Acts of Arbitrary Internal  
1 Internal Displacement Monitoring Centre: https://www.internal-displacement.org/countries/philippines 
September 28, 2022
3:45 pm
5268




Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. 
Introduced by Representatives BIENVENIDO ABANTE JR, JOSEPHINE 
VERONIQUE "JAYE" R. LACSON-NOEL, YEDDA MARIE K. 
ROMUALDEZ, JUDE A. ACIDRE 
AN ACT PROTECTING THE RIGHTS OF INTERNALLY DISPLACED 
PERSONS AND PENALIZING THE ACTS OF ARBITRARY INTERNAL 
DISPLACEMENT 
Section 1. Short Title. – This Act shall be known as the “Rights of Internally 
Displaced Persons Act of 2022”.  
Section 2. Declaration of Principles and State Policies. – Consistent with the 
principles enshrined in the 1987 Constitution, the standards set by International 
Humanitarian Law (IHL) and human rights laws, international treaties and 
conventions adhered to by the Philippines, and international customary law, 
including the United Nations’ Guiding Principles on Internal Displacement 
(UNGPID), and other humanitarian standards it is also hereby declared a State policy 
to adopt a human rights-based approach for the promotion and protection of the 
rights of internally displaced persons (IDPs) in situations of armed conflict, 
generalized and/or organized violence, clan wars, violations of human rights, 
implementation of development projects, natural, human-induced and human-made 
hazards.  
5268


In the event of armed conflict, the parties shall ensure the promotion and protection 
of the rights of the victims of and non-combatants in armed conflict in accordance 
with IHL, international customary law, international human rights laws, and 
domestic laws.  
The State hereby reiterates its declared policies given under the Special Protection 
of Children in Situations of Armed Conflict Act (RA 11188), the Indigenous Peoples 
Rights Act (RA 8371), Philippine Act on Crimes Against International Humanitarian 
Law, Genocide, and Other Crimes Against Humanity (RA 9851), and Children’s 
Emergency Relief and Protection Act (RA 10821), among others. 
To address the risks involved in natural hazards and the overall impact of climate 
change and global warming on the rights of those who are internally displaced, due 
reference shall be made to the pertinent provisions of Republic Act No. 9729, 
otherwise known as the “Climate Change Act of 2009” and Republic Act No. 10121, 
otherwise known as the “Philippine Disaster Risk Reduction and Management Act 
of 2010”, Republic Act No. 11188 or the “Special Protection of Children in 
Situations of Armed Conflict Act”, and Republic Act No. 10821 or the “Children’s 
Emergency Relief and Protection Act”. 
Section 3. Definition of Terms. – As used in this Act: 
(i)
Apartheid refers to inhumane acts committed in the context of an
institutionalized regime of systematic oppression and domination by one (1) racial
group or groups and committed with the intention of maintaining that regime;
(ii)
Arbitrary Internal Displacement refers to an act of displacement or any
other coercive act committed by any person or group/s of persons and directed
against the civilian population, which is contrary to law, good morals, public order,
or public policy, or committed with abuse of authority, oppressive or wanton
disregard of the right to life, liberty or property and abode of the residents, whether
permanent or temporary, of an area in which they are lawfully present, which causes
displacement;
(iii) Armed Conflict means any use of force or armed violence between States or
protracted armed violence between governmental authorities and organized armed
groups or between such groups within that State: Provided, That such force or armed
violence gives rise, or may give rise, to a situation to which the Geneva Conventions
of 12 August 1949, including their common Article 3, apply;


 
Armed conflict may be international, that is, between two (2) or more States, 
including belligerent occupation; or non-international, that is, between 
governmental authorities and organized armed groups or between such groups 
within a state. It does not cover internal disturbances or tensions such as riots, 
isolated and sporadic acts of violence, or other acts of a similar nature; 
 
(iv) Children refers to persons below eighteen (18) years of age or those over but 
are unable to fully take care of themselves or protect themselves from abuse, neglect, 
cruelty, exploitation, or discrimination because of a physical or mental disability or 
condition; 
 
(v) Conflict-affected Areas are communities where (a) there are actual armed 
encounters between the government forces and political armed groups, or (b) where 
political armed groups dominate the state of affairs of the community, or (c) where 
other forms of violent conflicts exist; 
 
(vi) Conflict-vulnerable Areas are communities that are proximate to conflict-
affected areas, where possible side-stepping of armed group(s) is imminent. It can 
also include geographically isolated and disadvantaged areas (GIDA) whose 
resources, actual or symbolic, are deemed valuable by the political armed group; 
 
(vii) Clan War refers to any conflict characterized by sporadic outbursts of 
retaliatory violence between and among families, kinship groups, and communities; 
 
(viii) Durable Solution when used in this act would mean that the internally 
displaced persons no longer have any specific assistance and protection needs that 
are linked to their displacement and can enjoy their human rights without 
discrimination on account of their displacement; 
 
(ix) 
Enforced Disappearance as defined in RA 10353 refers to the arrest, 
detention, abduction or any other form of deprivation of liberty committed by agents 
of the State or by persons or groups of persons acting with the authorization, support 
or acquiescence of the State, followed by a refusal to acknowledge the deprivation 
of liberty or by concealment of the fate or whereabouts of the disappeared person, 
which places such person outside the protection of the law; 
 
(x) 
Ethnic Cleansing refers to an act of one ethnic or religious group to remove 
the civilian population of another ethnic or religious group from a certain geographic 
area by using force, threat, or intimidation, or deception to a person or groups of 
peoples in areas ethnically homogenous, such as Indigenous Cultural Communities 


 
/ Indigenous People (ICCs/IPs), or religious groups to be removed from a given area, 
their place of abode or territories that they have occupied since time immemorial; 
 
(xi) 
Generalized and/or Organized Violence refers to the purposeful and 
systematic use of terror and brutality to control individuals, groups and communities, 
through the use of overwhelming force, and is characterized by widespread, massive, 
or sufficient intensity, causing arbitrary internal displacement of persons or 
communities. 
 
Its methods include causing severe pain and suffering, killing, intimidating, 
threatening, and, in some cases, destroying a community, ethnic group or political 
opposition; 
 
(xii) Imperative Military Necessity is defined in accordance with the principle of 
military necessity in International Humanitarian Law, which permits measures that 
are actually necessary to accomplish a legitimate military purpose and are not 
otherwise prohibited in international humanitarian law; 
 
(xiii) Implementation of Development Projects refers to the carrying out of any 
undertaking or activity aimed at economic, social, or political growth, advancement, 
and expansion that results or may result in the arbitrary internal displacement of 
persons: Provided, That the term does not include projects that have undergone 
consultation with and secured the consent of the affected communities and those that 
are legitimate resettlement schemes and/or programs, including expropriation of 
property by the government;  
 
Reference to the Kampala Convention shall serve as guide in the State’s obligations 
in development projects thus briefly: 
 
1. States Parties, as much as possible, shall prevent displacement 
caused by projects carried out by public or private actors; 
 
2. States Parties shall ensure that the stakeholders concerned will 
explore feasible alternatives, with full information and 
consultation of persons likely to be displaced by projects; 
 
3. States parties shall carry out a socio-economic and 
environmental impact assessment of a proposed development 
project prior to undertaking such a project.  
 


 
(xiv) Internal Displacement refers to the involuntary movement or forced 
evacuation or expulsion of any person or group of persons who flee or leave their 
homes or places of habitual residence, within the national borders, as a result of or 
in order to avoid or minimize the effects of armed conflict, situations of generalized 
and/or organized violence, violations of human rights, implementation of 
development projects, natural, human-induced and human-made hazards;  
 
(xx) Internally Displaced Person (IDP) refers to any person or group of persons 
who has or have been forced or obliged to flee or to leave their homes or places of 
habitual residence within the national borders who have not crossed an 
internationally recognized State border, as a result of or in order to avoid or minimize 
the effects of armed conflict, situations of generalized and/or organized violence, 
violations of human rights, implementation of development projects, clan wars, 
natural, human-induced and human-made hazards; 
 
(xxi) Order of Battle refers to any document made by the military, police or any 
law enforcement agency of the government, listing the names of persons and 
organizations that are perceived to be enemies of the State and are considered as 
legitimate targets as combatants that it could deal with, through the use of means 
allowed by domestic and international law; 
 
(xxii) Sexual Abuse means the actual or threatened physical intrusion of a sexual 
nature, whether by force or under unequal or coercive conditions; 
 
(xxiii) Sexual Exploitation means any actual or attempted abuse of a position of 
vulnerability, differential power, or trust, for sexual purposes, including, but not 
limited to, profiting monetarily, socially, or politically from the sexual exploitation 
of another; 
  
(xxiv) Vulnerable and Marginalized Groups refer to those that face higher 
exposure to disaster risk and poverty including, but not limited to, women, children, 
youth, elderly, differently-abled people, and indigenous cultural communities or 
indigenous peoples. 
 
Section 4. Scope. – This Act shall primarily provide for the protection of rights of 
IDPs during and after displacement, as well as their safe, voluntary, and dignified 
return, local integration, or resettlement elsewhere in the country. This Act shall 
likewise cover arbitrary internal displacement of civilians as a result of or in order 
to avoid the effects of armed conflict, situations of generalized and/or organized 


 
violence, violations of human rights, implementation of development projects, 
natural, human-induced, and man-made hazards.  
 
Section 5. Primary Duty to Protect the IDPs. – The State has the primary duty and 
responsibility to provide protection and humanitarian assistance to IDPs. As such, 
State authorities and parties to an armed conflict, irrespective of their legal status 
and applied without any adverse distinction, shall respect and ensure compliance 
with their obligations under international law, including IHL, human rights laws, and 
RA 10121 RA 10821, RA 11180, RA 8371, and other relevant laws, so as to prevent 
and avoid conditions that might lead to the arbitrary internal displacement of 
persons.  
 
Section 6. Protection of IDPs. - Internally displaced persons shall enjoy, in full 
equality, the same rights and freedoms under international and domestic law as do 
other persons in the Philippines. They shall not be discriminated against in the 
enjoyment of any rights and freedoms on the ground that they are internally 
displaced, or on any grounds such as race, color, sex, language, religion or belief, 
political or other opinion, national, ethnic or social origin, legal or social status, age 
disability, property, birth, or on any other similar criteria.  
 
Section 7. Rights During and After Displacement. – The following rights of IDPs 
shall be protected and upheld during and after their displacement whether found 
inside or outside evacuation centers, without discrimination of any kind, such as 
those based on race, color, sex, language, religion or belief, political or other opinion, 
national, ethnic or social origin, legal or social status, age, disability, property, birth 
or on any other similar criteria:  
 
(a) Provision and Access to Basic Necessities. – At the minimum, regardless of the 
circumstances, and without discrimination, the national and local governments shall 
provide IDPs with and ensure safe access to:  
 
i. 
Essential and adequate food and nutrition; 
 
ii. 
Water sanitation, hygiene facilities, including menstrual 
hygiene management requirements, and potable water;  
 
iii. 
Dignified, adequate, and safe  shelter and housing in 
accordance with international and domestic standards;  
 


 
iv. 
Legal assistance such as, but not limited to, legal advice and 
documentation; 
 
v. 
Appropriate clothing; 
 
vi. 
Essential medical and dental services and sanitation, 
including psychological and social services and essential 
drugs and medicines;  
 
vii. 
Other humanitarian needs, including support to persons 
with specific needs, child- and mother-friendly facilities to 
include but not limited to breastfeeding stations, temporary 
learning places, place of worship; and 
 
viii. 
Due consideration in the processing of permits in the use of 
parcels of lands for temporary residential or commercial use 
by IDPs. 
 
ix. 
Mitigation, prevention and response measures to protect 
displaced populations especially women, children, youth, 
among others, from all forms of violence, exploitation, 
abuse, neglect, and discrimination. 
 
 
 
(b) Freedom of Movement. –  
 
i. Every IDP has the right to liberty of movement and the right to 
choose his/her residence, and move freely in and out of any 
evacuation center, encampment or other settlements. Restrictions 
on movement shall be introduced only in exceptional 
circumstances subject to its existing rules and regulations;  
 
ii. IDPs, whether or not they are living in an evacuation center, 
encampment or other settlements, including home-based settings, 
shall not be discriminated against in the enjoyment of the 
following rights:  
 
(i) to enjoy freedom of thought, conscience, religion or belief, 
opinion and expression;  


 
 
(ii) to seek freely opportunities for employment and to 
participate in economic activities;  
 
(iii) to associate freely and participate equally in community 
affairs;  
 
(iv) to vote and participate in governmental and public affairs, 
including the right to have access to the means necessary to 
exercise these rights; and  
 
(v) to communicate in a language they understand;  
 
(c) IDPs have the right to- 
 
i. seek safety in another part of the country;  
 
ii. leave the country;  
 
iii. seek asylum in another country; and  
 
iv. be protected against forcible return  or resettlement in any place 
where their lives, safety, liberty and/or health would be at risk;  
 
(d) Recognition, Issuance and Replacement of Documents. – The authorities 
concerned shall issue to the IDPs all documents necessary for the enjoyment and 
exercise of their legal rights. In particular, these authorities shall facilitate the 
issuance of new documents or the replacement of documents lost in the course of 
displacement, without imposing unreasonable conditions, such as requiring the 
return to one’s area of habitual residence in order to obtain their documents and 
without discrimination against men and women, who shall have equal rights to 
obtain and to be issued the same in their own names, however, pending the release 
or access of such documentation from the authorities, the enjoyment and exercise 
of legal rights of the IDPs will not be suspended. 
. 
 
(e)  Family Unity and Missing Persons. –  
 
i. Members of internally displaced families who wish to remain 
together shall be allowed to do so. Families that are separated by 


 
displacement and whose personal liberty have been restricted by 
internment or confinement in any evacuation center, facility, 
encampment or other settlements should be reunited immediately, 
with appropriate measures taken to expedite the reunion, 
particularly when children are involved;  
 
ii. The State shall facilitate inquiries made by family members and 
encourage and cooperate with the work of international and local 
humanitarian organizations engaged in the task of family 
reunification such as the ICRC and IRCM;  
 
iii. IDPs have the right to know the status and whereabouts of their 
missing relatives. The authorities concerned shall endeavor to 
establish the status and whereabouts of IDPs reported missing and 
cooperate with relevant international organizations engaged in this 
task. They shall inform the next-of-kin on the progress of the 
investigation and notify them of any result;  
 
iv. The authorities concerned shall endeavor to collect and identify 
the mortal remains of the deceased, prevent their despoliation or 
mutilation and facilitate the return of those remains to the next-of-
kin or dispose of them respectfully according to customs and 
tradition; and  
 
v. Grave sites of IDPs shall be protected and respected in all 
circumstances and shall have the right of access to the grave sites of 
their deceased relatives;  
 
(f) Health and Education. –  
 
i.Certain IDPs, such as children, especially unaccompanied minors, 
expectant and breastfeeding mothers, mothers with young 
children, female heads of households, PWDs and elderly persons, 
and other vulnerable groups, shall be entitled to protection and 
assistance required by their condition and to treatment which takes 
into account their special needs;  
 
ii.All wounded and sick IDPs, as well as those with disabilities, shall 
receive to the fullest extent practicable and with the least possible 
delay the medical care and attention they require, without 


 
distinction on any ground other than the medical ones. When 
necessary, IDPs shall have access to psychiatric care, 
psychological and social services and such other forms of 
assistance necessary for them;  
 
iii.Special attention shall be paid to the health needs of women, girls 
and LGBTs including access to comprehensive reproductive 
health care services and hygiene support, to be provided whenever 
feasible by female health care providers, as well as appropriate 
counseling and other services for victims of sexual and other 
abuses;  
 
iv.Special attention shall also be given to the prevention of health 
emergencies, contagious and infectious diseases, among IDPs; and  
 
v.The authorities concerned shall ensure that IDPs, in particular, 
displaced children, receive education that are be free and 
compulsory at the early and basic education. Special efforts shall 
be made to ensure the full and equal participation of women and 
children including those with disabilities in educational programs, 
and that respect for their cultural identity, language and religion, 
educational and training facilities shall be made available to them 
whether or not living in evacuation facilities, encampments, or 
other settlements as soon as circumstances permit; and  
 
(g) Property and Possessions. – The property and possessions of IDPs shall, in all 
circumstances, be protected against the following acts:  
 
i.Pillage or looting;  
 
ii.Direct and indiscriminate attacks or other acts or omission;  
 
iii.Being used to shield military operations or objectives;  
 
iv.Being made the object of reprisal;  
 
v.Being destroyed or appropriated as a form of collective 
punishment; and  
 
vi.Destruction, arbitrary and illegal appropriation, occupation or use.  


 
 
(h) Right to participation.- IDPs, including children shall have the right to actively 
participate in the planning and management of their displacement situation as well 
as return, local integration, or settlement elsewhere. In addition, IDPs shall be 
provided with conditions to facilitate the exercise of their right to political 
participation.  The rights and obligations herein shall not be interpreted as restricting, 
modifying or impairing the provisions of any international human rights or 
international humanitarian law or rights granted to persons under domestic law.  
 
Section 8. Assistance During Displacement of IDPs. – The primary duty and 
responsibility for providing humanitarian assistance to IDPs lie with the State, in 
close collaboration with the LGUs exercising territorial jurisdiction over the affected 
area/s. As such, the military and law enforcement agencies conducting operations, 
the Department of Social Welfare and Development (DSWD), the Department of 
Health (DOH), the local government hospitals, the LGUs concerned and other 
appropriate government agencies shall provide immediate relief and humanitarian 
assistance to IDPs, families and communities. 
 
The Public Attorney’s Office shall immediately coordinate with the abovementioned 
agencies for the provision of legal assistance to the IDPs. 
 
Humanitarian assistance to IDPs shall not be diverted, suspended, or diverted for 
any political or military reason. All authorities concerned shall grant and facilitate 
the free passage of humanitarian assistance to the IDPs and ensure rapid, safe and 
unimpeded access of persons engaged in giving such assistance, their transport and 
supplies to the displaced communities. Persons engaged in humanitarian assistance, 
their persons and transport, shall be protected. They shall not be the objects of attack 
or other acts of violence. 
 
All concerned authorities shall assist the IDPs in the restitution or recovery of their 
property and possessions, and shall provide or assist these persons in obtaining 
appropriate financial assistance or other forms of just reparation. 
 
Section 9. Prohibited Acts of Arbitrary Internal Displacement. – The prohibited acts 
of arbitrary internal displacement shall include those committed: 
 
a. based on policies of apartheid, ethnic cleansing, or similar 
practices aimed at or resulting in altering the ethnic, religious or 
racial composition of the affected population;  
 


 
b. in situations of armed conflict, unless the safety and security of 
civilians and non-combatants are involved or imperative military 
reasons so demand; 
 
c. in cases of development projects, which have not secured the 
Free and Prior Informed Consent of the concerned ICCs/IPs or 
those which are not justified by compelling and overriding public 
interest and with proper implementation of return, local 
integration, or resettlement elsewhere of affected IDPs, including 
just compensation in view of expropriation proceedings;  
 
d. in cases of natural, human-induced, and man-made hazards, 
unless the safety, security, and health of those affected require their 
evacuation;  
 
e. when used as a form of collective punishment;  
 
f. in cases of clan wars, unless the safety and security of those 
civilians not involved in the conflict or violence are endangered;  
 
g. in cases where there is malice, bad faith, gross negligence, or in 
any manner causes a willful violation of the rights granted herein 
and other similar rights provided by international human rights law 
and domestic laws and policies. 
 
An Order of Battle or any document of similar nature issued by the military or any 
law enforcement agency of the government shall not justify arbitrary internal 
displacement and shall subject the perpetrators to the penalties provided herein. 
 
Section 10. Safeguards Against Arbitrary Internal Displacement. – If displacement 
is inevitable under circumstances beyond control that pose hazardous and security 
risks to the lives and properties of persons living in communities, displacement shall 
not be carried out in a manner that violates the rights to life, liberty, dignity, security, 
and property of those affected, irrespective of their legal status and applied without 
any adverse distinction. 
 
All concerned authorities, groups, and persons shall observe the following 
safeguards against arbitrary internal displacement:  
 


 
(a) All feasible alternatives shall be explored in order to avoid 
displacement. Where no alternative exists, all measures shall be 
undertaken to minimize displacement and its adverse effects on the 
population that will be affected;  
 
(b) If displacement is inevitable, the authorities, pursuant to their 
respective mandates and functions, shall ensure, to the greatest 
practicable extent, that proper accommodation is effected in 
satisfactory conditions of safety, nutrition, water and sanitation, 
and health and hygiene, and that members of the same family, 
especially women and children, are not separated;  
 
(c) minorities, peasants, pastoralists, persons with disabilities 
(PWDs) and other groups with special dependency on and 
attachment to their lands shall be protected from arbitrary internal 
displacement. 
 
ICCs/IPs shall be protected from arbitrary internal displacement. 
When displacement is considered necessary as an exceptional 
measure, it shall take place only with the free and prior informed 
consent (FPIC) of ICCs/IPs concerned pursuant to the provisions 
of RA 8371 and existing guidelines on FPIC. 
 
(d) In situations other than during the emergency stages of armed 
conflicts and disasters, the following guarantees shall be complied 
with:  
 
(1) a specific decision which shall be taken by the 
authority empowered by law to order such 
measures;  
 
(2) full disclosure of information on the reasons 
and procedures for the displacement and, when 
applicable, also on financial assistance and 
relocation;  
 
(3) free and informed consent of those persons to 
be displaced shall be sought;  
 


 
(4) authorities concerned shall endeavor to involve 
those affected, particularly women, elderly persons 
and PWDs, in the planning and management of 
their return, local integration or resettlement 
elsewhere;  
 
(5) law enforcement measures, when required, 
shall be carried out by competent legal authorities; 
with proper observance of due process and respect 
for human rights; and  
 
(6) the right to an effective remedy, including the 
review of such decisions by appropriate judicial 
authorities, shall be respected. 
 
Section 11. Permanent Prohibition Against Arbitrary Internal Displacement. – The 
prohibition against arbitrary internal displacement and the fundamental safeguards 
for its prevention shall not be suspended under any circumstance, including political 
instability, threat of war, state of war, or other public emergencies.  
 
Section 12. Early Recovery Plan. – All LGUs shall craft their Early Recovery Plans 
(ERP) under the supervision of the DILG. 
 
In this regard, the appropriate bureau under the DILG and the CHR shall jointly 
design the mechanism for providing technical assistance to LGUs, monitoring the 
compliance of LGUs, and in conducting the periodic review of the ERPs. 
 
The authorities concerned shall endeavor to involve those belonging in the 
vulnerable and marginalized sector in the planning and management of their return, 
local integration or resettlement elsewhere. 
 
Section 13. Return, Local Integration or Resettlement– Competent authorities, such 
as the military and law enforcement agencies conducting operations, the DSWD, the 
DOH, the LGUs concerned, and other relevant government agencies, shall have the 
primary duty and responsibility to establish conditions and provide durable solutions 
as means for IDPs to return voluntarily, in safety and with dignity, to their homes or 
places of habitual residence, or to resettle voluntarily in places of refuge and/or in 
another part of the country, taking into consideration the right of IDPs to choose a 
residence.  
 


 
The CHR, through inclusive and extensive consultation, shall formulate a National 
Strategy on Solutions to Internal Displacement, which will be presented for adoption 
by the Inter-agency Coordinating Committee. 
 
The National Strategy be evaluated after five years from its adoption to inform the 
enhancement of the next-time bound National Strategy. 
 
Said authorities, including the CHR, shall likewise ensure prior consultations and 
the full participation of IDPs during and after the planning and management of their 
return, local integration, or resettlement elsewhere.  
 
Section 14. Development of Host Communities. – The State shall undertake the 
continuous development of host communities by ensuring that the relevant socio-
economic, infrastructure and public works, and other development and investment 
plans, programs, and funding adequately and proportionately include the specific 
needs and requirements of these communities and localities. 
 
Section 15. Mechanisms for International Humanitarian Assistance. – International 
humanitarian organizations, their local counterparts and other appropriate actors 
shall have the right to offer their services, including humanitarian assistance, in 
support of the internally displaced. These acts shall be considered done in good faith 
and not as unfriendly acts or interference in the internal affairs of the government. 
Consent thereto shall not be arbitrarily withheld, particularly when authorities 
concerned are unable or unwilling to provide the required humanitarian assistance.  
 
All authorities shall grant and facilitate the free passage of humanitarian assistance 
and grant persons engaged in the provision of such assistance rapid and unimpeded 
access to the internally displaced. 
 
When providing assistance to IDPs, said organizations shall respect relevant 
domestic laws, international standards, and codes of conduct. They shall give due 
regard to the protection of the needs and human rights of the IDPs. All humanitarian 
organizations and agencies operating in any emergency-affected areas, or directly or 
indirectly interacting with the IDPs are prohibited from committing any acts of 
sexual exploitation and sexual abuse such as but not limited to: (a) sexual activity 
with children (as defined in RA 7610); (b) use of sex in exchange of money, 
employment, goods or services including hiring of prostitutes, and (c) any sexual 
relationship with beneficiaries that involves improper use of position. Humanitarian 
or aid workers shall uphold their duty of care towards the displaced populations and 


 
shall maintain the trust of the communities being served. They are obliged to create 
and maintain an environment which prevents sexual exploitation and abuse."  
 
 
The importation and donation of food, clothing, medicine and equipment necessary 
for relief and assistance of IDPs are hereby authorized in accordance with Section 
105 of the Tariff and Customs Code of the Philippines, as amended, as regards 
national internal revenue taxes and import duties of national and local government 
agencies, and the prevailing provisions of the General Appropriations Act (GAA).  
 
Section 16. Penalties. –  
 
(a) The penalty of reclusion temporal in its minimum to medium period shall be 
imposed upon any person or group of persons who commit the following:  
 
(1) Those who directly commit the act of arbitrary internal 
displacement;  
 
(2) Those who directly force, instigate, encourage, induce or incite 
others to commit the act of arbitrary internal displacement;  
 
(3) Those who cooperate in the act of arbitrary internal 
displacement by committing another act, without which the act of 
arbitrary internal displacement would not have been carried out;  
 
(4) Those who cooperated in the execution of the act of arbitrary 
internal displacement by previous or simultaneous acts;  
 
(5) Those commanding officers of the military, police or other law 
enforcement agencies or other authorities, for acts of arbitrary 
internal displacement committed by forces under their effective 
command and control, or effective authority and control as the case 
may be, as a result of their failure to exercise proper control over 
such forces, where the commanding officers or authorities knew 
or, owing to the circumstances at the time, should have known that 
the forces were committing or about to commit such crimes, and 
failed to take all necessary and reasonable means within their 
power to prevent or repress their commission, or to submit the 
matter to competent authorities for investigation and prosecution; 
and  


 
 
(6) In case the acts of arbitrary internal displacement are 
committed by a corporation or a juridical entity, the members of 
the Board of Directors who were present in the meeting and who 
actually voted for the approval of the resolution or order directing 
the commission of arbitrary internal displacement, and the 
corporate officers or agents who carried out such resolution or 
order of the corporation shall each be criminally liable.  
 
(b) The penalty of prision mayor in its minimum period shall be imposed upon those 
who attempt to commit the offense of arbitrary internal displacement.  
 
(c) The penalty of prision mayor in its minimum period shall be imposed upon 
persons who, having knowledge of the act of arbitrary internal displacement and 
without having participated therein, either as principals or accomplices, took part 
subsequent to its commission by any of the following acts:  
 
(1) By themselves profiting from or assisting the offender to profit 
from the effects of the act of arbitrary internal displacement;  
 
(2) By concealing the act of arbitrary internal displacement and/or 
destroying the effects or instruments thereof, in order to prevent 
its discovery; and  
 
(3) By harboring, concealing or assisting in the escape of the 
principal/s in the act of arbitrary internal displacement. 
 
Section 17. Applicability of the Revised Penal Code and Special Penal Laws. – The 
provisions of the Revised Penal Code and other relevant special penal laws, insofar 
as they are applicable, shall be suppletory to this Act.  
 
Section 18. Non-prescription. – The crimes defined and penalized under this Act, 
their prosecution, and the execution of sentences imposed on their account, shall not 
be subject to any prescription.  
 
Section 19. Jurisdiction of the Courts. – The proper and competent civilian courts 
shall have jurisdiction over the offense of arbitrary internal displacement as defined 
and penalized in this Act.  
 


 
Section 20. Damages. – A court of competent jurisdiction shall determine the 
damages inflicted against IDPs and direct the persons responsible for arbitrary 
internal displacement to award monetary compensation under the following 
circumstances:  
 
(a) Where the death of an individual victim occurs, the amount to be determined by 
the court shall be granted to the legal heirs of the victim as a death benefit; 
 
(b) Where physical, emotional, and/or psychological injury is caused to an individual 
victim, actual and compensatory damages, including moral, nominal, exemplary, and 
temperate damages resulting from such injury, shall be paid to the victim. Upon a 
finding of such injury and distinct from the compensation for actual, compensatory, 
moral, nominal, and/or temperate damages, such determination shall also include a 
referral to the DOH and the DSWD for appropriate interventions or services, 
including psycho-social intervention and rehabilitation; and  
 
(c) Cases for damages filed under this Act shall be considered as independent civil 
action and summary in nature. The Supreme Court shall promulgate the necessary 
rules and regulations to govern the procedure for cases filed in this manner.  
 
Section 21. Financial Assistance to IDPs. – Whenever human rights violations are 
caused to the IDPs as incidents or consequences of arbitrary internal displacement, 
the necessary financial assistance for their reparation, return, local integration or 
resettlement elsewhere shall be provided.  
 
The CHR shall enhance its existing financial assistance program to include financial 
assistance for the purpose of facilitating the reparation, return, local integration or 
resettlement elsewhere of IDPs. 
 
Receipt of such financial assistance shall be without prejudice to the amount of 
assistance granted under other government programs, such as the Victims’ 
Compensation Program of the Department of Justice (DOJ) by virtue of Republic 
Act No. 7309, the relief assistance to IDPs by the DSWD, the DOH, and other similar 
programs which may be made available to IDPs under existing laws, rules and 
regulations. 
 
Section 22. Non-monetary Reparation. – The DOH, the DSWD, the Department of 
Education (DepED), the Commission on Higher Education (CHED), the Technical 
Education and Skills Development Authority (TESDA) and such other agencies 
shall render necessary services as nonmonetary reparation for IDPs and their 


 
families as may be determined, in coordination with the CHR, pursuant to the 
provisions of this Act.  
 
Section 23. Role of the CHR. – Pursuant to Article XII Section 18 (11) of the 1987 
Constitution, the CHR is hereby designated as the institutional focal point for IDPs. 
As such, the CHR shall have the following additional functions:  
 
(a) 
To monitor IDP conditions through the development of a system to track 
concerns, actions taken and other relevant information, and be the repositories of 
child protection and protection from sexual exploitation and abuse policies to ensure 
that IDP rights are respected, protected, and fulfilled in all phases of internal 
displacement;  
 
(b) 
To conduct public inquiries, document violations of human rights, assist IDPs 
in seeking redress of grievances and work to ensure an effective response by the 
concerned authorities;  
 
(c) 
To investigate, on its own or on the complaint by any party, all forms of human 
rights violations against IDPs involving civil and political rights, in accordance with 
Section 18(1) of Article XIII of the 1987 Constitution, and when found in the 
investigation that the filing of a case in court is warranted, request the assistance of 
any department, bureau, office or agency, such as the National Prosecution Service 
of the DOJ or the Ombudsman, by virtue of Executive Order No. 163, series of 1987;  
 
(d) 
To render financial assistance at its sole discretion, as part of its existing 
financial assistance program, as well as psycho-social interventions and similar 
services to IDPs, and to issue necessary guidelines to implement the same (CHR); 
 
(e) 
To recommend to the other agencies of government, taking into consideration 
their respective mandates and functions, the grant of assistance to IDPs, as may be 
appropriate;  
 
(f) 
To cite any person in contempt for violations of the orders issued by them in 
accordance with the Rules of Court;  
 
(g) 
To follow up on early warning and ensure effective measures to protect the 
civilian population against arbitrary internal displacement;  
 


 
(h) 
To advise the government on the rights of IDPs, formulate sound national 
policy and legislation and to facilitate discussions to effectively address situations 
of internal displacement;  
 
(i) 
To undertake educational activities and training programs for State 
authorities, including the AFP, the Philippine National Police, and local 
governments;  
 
(j) 
To hold public information drives on the protection and rights of IDPs, and 
foster their participation in the decision-making process regarding issues that 
concern them; and  
 
(k) 
To carry out such other acts that may be necessary to fully implement the 
purposes of this Act. 
 
Section 24. Monitoring of Compliance. – An inter-agency coordinating committee 
shall be tasked to periodically monitor the compliance with this Act. The Committee 
shall be co-headed by the Chairperson of the CHR and the Executive Director of the 
NDRRMC.  
 
The members of the group shall be composed of:  
 
a) A representative, with the rank of Undersecretary, from the Department of 
Social Welfare and Development;  
 
b) A representative, with the rank of Undersecretary, from the Department of 
National Defense (DND);  
 
c) A representative, with the rank of Undersecretary, from the Department of the 
Interior and Local Government (DILG);  
 
d) A representative, with the rank of Undersecretary, from the Department of 
Health;  
 
e) A representative, with the rank of Undersecretary, from the Department of 
Justice (DOJ);  
 
f) A representative, with the rank of Undersecretary, from the Department of 
Human Settlement and Urban Development;  
 


 
g) A representative, with the rank of Undersecretary, from the Department of 
Education;  
 
h) A representative, with the rank of Undersecretary, from the Department of 
Environment and Natural Resources;  
 
i) The Presidential Adviser on Peace, Reconciliation, and Unity; 
 
j) A representative from the National Commission on Indigenous Peoples; 
 
k) A representative, with the rank of Undersecretary, from the National 
Economic Development Authority 
 
l) The Executive Director of the Council for the Welfare of Children; 
 
m) The Director General of the Technical Education and Skills Development 
Authority; 
 
n) The Chairperson of the Presidential Commission for the Urban Poor; 
 
o) The Secretary of the National Commission on Muslim Filipinos; 
 
p) The Executive Director of the Philippine Commission on Women; 
 
q) The National Statistician and Civil Registrar General of the Philippine 
Statistics Authority; 
 
r) The Chief Public Attorney; 
 
s) A representative from the Bangsamoro Human Rights Commission 
 
t) Three (3) representatives from non-governmental organizations (NGOs) with 
experience in working with IDPs, nominated by a selection board composed 
of human rights groups and NGOs; 
 
The Committee shall work towards the collection of data on the number and 
conditions of IDPs, leading to a database that will aid the government in efficient 
planning and policy-making regarding issues affecting IDPs.  
 


 
The Committee shall likewise prioritize the release of immediate financial 
assistance, allotted by its component agencies, to those affected by internal 
displacement. 
 
The Committee shall submit an annual report to the Joint Congressional Oversight 
Committee herein created thirty (30) days after the end of each fiscal year. Such 
annual report shall be the basis for proposed amendments to existing legislation to 
improve the conditions of IDPs.  
 
Section 25. Joint Congressional Oversight Committee. – A Joint Congressional 
Oversight Committee is hereby created, composed of the Chairperson of the Senate 
Committee on Justice and Human Rights and seven (7) other Senators designated by 
the Senate President, and the Chairperson of the House Committee on Human Rights 
and seven (7) other Members of the House of Representatives, designated by the 
Speaker of the House of Representatives: Provided, That of the seven (7) Members 
to be designated by each House of Congress, four (4) shall represent the Majority 
and three (3) shall represent the Minority. The Senate President and the Speaker of 
the House of Representatives shall ensure the representation of women legislators in 
the oversight committee. 
 
The Joint Congressional Oversight Committee shall also have the power to inquire 
into, summon and investigate the Orders of Battle as defined under this Act, and/or 
any document of similar nature, as well as the legal and factual justifications for the 
inclusion of specific persons and groups in said Orders of Battle or similar 
documents. In this regard, the Joint Congressional Oversight Committee may issue 
mandatory process directing the transmission of all such documents relevant and 
necessary for the Committee to determine the validity of the inclusion of specific 
persons or groups in the Orders of Battle or similar documents. For this purpose, the 
highest ranking officers or heads of offices shall be charged with testifying before 
the Joint Congressional Oversight Committee in relation to any inquiries on the 
Orders of Battle or similar documents.  
 
The invocation of national security as a defense may not prevent the Joint 
Congressional Oversight Committee from inquiring into the factual and/or legal 
bases for the existence of an Order of Battle, or any similar document, or the 
inclusion of specific persons or groups in said Orders of Battle or similar documents. 
Should there be a need to inquire into the factual basis for the invocation of national 
security, the Committee shall convene in an executive session and hear the officials 
invoking it. Should the basis not be satisfactory to the Committee, the public 


 
hearing/s will continue and appropriate recommendations shall thereafter be made 
by the Committee. 
 
Section 26. Appropriations. – The amount necessary for the initial implementation 
of this Act shall be charged against the current year’s appropriations of the CHR, the 
DSWD, the DOH, the DND, and the DILG. Thereafter, such sums as may be 
necessary for the continued implementation of this Act shall be included in the GAA. 
 
Section 27. Implementing Rules and Regulations. – Within  (120) days from the 
effectivity of this Act, the CHR and the DND shall issue the necessary rules and 
regulations for its implementation.  
 
In the formulation of the rules and regulations, the CHR and the DND shall take the 
lead and coordinate with the DBM, DSWD, the DILG, the DOH, the DOJ, the 
Department of Environment and Natural Resources (DENR), the AFP, the Philippine 
National Police (PNP), the Philippine Commission on Women (PCW), the Council 
for the Welfare of Children (CWC), the National Commission on Indigenous Peoples 
(NCIP), National Commission on Muslim Filipinos (NCMF), the National 
Commission on Disability Affairs (NCDA), the Presidential Commission on Urban 
Poor (PCUP), DHSUD, the National Housing Authority (NHA), OPAPRU, ULAP, 
human rights nongovernmental organizations and people’s organizations. 
 
Section 28. Separability Clause. – If any part or provision of this Act shall be 
declared unconstitutional or invalid, the other provisions hereof which are not 
affected thereby shall remain in full force and effect.  
 
Section 29. Repealing Clause. – All laws, decrees, executive orders, memorandum 
orders, memorandum circulars, administrative orders, ordinances or parts thereof 
which are inconsistent with the provisions of this Act are hereby deemed repealed or 
modified accordingly. 
 
Section 30. Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of national circulation.