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EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
3ciuie
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*21 FEB 22 P 7 33
SENATE 
S. No.
Introduced by Senator Aquilino “Koko” Pimentel III
AN ACT
DESIGNATING THE COMMISSION ON HUMAN RIGHTS 
(CHR) AS THE NATIONAL PREVENTIVE MECHANISM 
(NPM) IN COMPLIANCE WITH THE OPTIONAL PROTOCOL 
TO THE CONVENTION AGAINST TORTURE AND OTHER 
CRUEL, INHUMAN OR DEGRADING TREATMENT OR 
PUNISHMENT (OPCAT) AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Article II, Section 11 of the 1987 Constitution states that “The 
State value the dignity of every human person and to guarantee full 
respect for human rights.” In line with this policy, the Philippines voted 
in favor of various international human rights instruments and 
conventions that prohibit the use of torture and other cruel, inhuman, or 
degrading treatment or punishment.
On April 17, 2012, the Philippines acceded to the Optional 
Protocol to the Convention Against Torture and Other Cruel, Inhuman 
or Degrading Treatment or Punishment (OPCAT). The OPCAT requires 
each State Party to “set up, designate or maintain at the domestic level 
one or several visiting bodies for the prevention of torture and other 
I cruel, inhuman or degrading treatment or punishment.”1 It also stated 
that each State Party shall maintain, designate or establish, at the latest 
one year after'the entry into force of the present Protocol or of its 
I ratification or accession, one or several independent national preventive 
mechanisms for the prevention of torture at the domestic level. 
Mechanisms established by decentralized units may be designated as
1 https://www.ohchr.brg/en/professlonalinterest/pages/opcat.aspx


national preventive mechanisms for the purposes of the present Protocol 
if they are in conformity with its provisions.” This mechanism is 
referred to as a National Preventive Mechanism (NPM). Unfortunately, 
it has been more than 8 years since the Philippines acceded to the 
OPCAT, but the Philippines still does not have a NPM.
This bill seeks to comply with the aforementioned obligation of the 
Philippines by designating the CHR as the NPM of the Philippines. The 
CHR has been conducting unannounced and unrestricted visits to places 
of deprivation of liberty pursuant to its visitorial mandate under several 
laws.2 However, such visits are mainly investigative or monitoring in 
nature, not preventive as required in NPM. The designation of CHR as 
the NPM will enhance its visitorial powers as it will now look into the 
preventive aspect against torture and other cruel, inhuman, or degrading 
treatment or punishment in places of deprivation of liberty to help 
develop policies and support the improvement of places of deprivation 
of liberty that respect the basic human rights of persons deprived of 
liberty.
Likewise, the establishment of the NPM as a separate division 
within the CHR would also help delineate between the investigative and 
preventive aspects of visits to places of deprivation of liberty by the 
CHR. However, it should be noted that this delineation and the 
designation of the CHR as the NPM merely aims to complement, not 
replace, the CHR’s current visitorial mandate.
In view of the foregoing, the passage of this measure is earnestly
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AOUILINO “KOKO” PIMENTEL III
2 Article XIII, Section 18 (4) of the 1987 Constitution; Section 3 (4) of Executive Order No. 163, s. 1987; Section 
11 of the Implementing Rules and Regulations of Republic Act No. 9745, otherwise known as the Anti-Torture Act 
of 2009; and Section 13 of Republic Act No. 10353, otherwise known as the Anti-Enforced or Involuntary 
Disappearance Act of 2012.


1 :/
EIGllTEENTH CONGRESS OF THE1 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
■ SENATE 
S. No. 2Q6G
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*21 FEB 22 P 7 33
RUCEiVtDC’;
Introduced by Senator Aquilino “Koko” Pimentel III
AN ACT
DESIGNATING THE COMMISSION ON HUMAN RIGHTS 
(CHR) AS THE NATIONAL PREVENTIVE MECHANISM IN 
COMPLIANCE WITH THE OPTIONAL PROTOCOL TO THE 
CONVENTION AGAINST TORTURE AND OTHER CRUEL, 
INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 
(OPCAT) AND FOR OTHER PURPOSES
Be it enacted^ by. the Senate and the House of Representatives of the 
Philippines in Congress assembled:
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Section, 1. Short Title. - This Act shall be known as the '"'National
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Preventive Mechanism (NPM) Act of2021.
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SEC 2. Statement of Policy. - It is hereby declared the policy of the
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State to:
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a. Adopt the generally accepted principles of international
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law, which include the prohibition of torture, as part of the
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law of the land;
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b. Value the dignity of every human person and guarantee full
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respect for human rights;
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c. Ensure that the human rights of all persons, especially
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persons deprived of liberty, are respected at all times and
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that no person placed under investigation or held in custody
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- by any person Jn . authority , or his/her. agent shall be
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subjected to physical, psychological, or mental harm,
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fo^ce,iviplence, threat;* intimidation, or any act that impairs 
his/her free will or in any manner demeans or degrades 
human dignity;
d. Adopt a huriiari rights-based approach in the prevehtidri of
torture; ' 
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e. (i Ensure, that . secret detention places, , solitary,
incommunicado, or other similar forms of detention where 
torture 'may bd1 carried out with impunity1 are prohibited; 
and
Fully adhere to the principles and standards on the absolute 
condemnation and prohibition of torture as provided for in 
the (19,87 Constitution, Republic Act (RA) No. 9745 (the 
Anti-Torture Act of 2009), and the various international 
human rights instruments and conventions to which the 
Philippines either is a State Party to or voted in favor of, 
such as, but not limited to, the Universal Declaration 
on Human Rights (UDHR), the International Covenant on 
Civil and Political Rights (ICCPR), the Convention on the 
Rights ofithe Child1 (CRC), the Convention on the Rights 
of Persons with Disabilities (CRPD), the United Nations 
Convention1 Against Torture and Other Criiel- Inhuman or 
Degrading Treatment or Punishment (UNCAT), and the 
Optional Protocol to the Convention Against Torture and 
Other Cruel, Inhuman of Degrading Treatment or 
Punishment (OPCAT).
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1! f SEC 3. Definition of Terms. - For the purposes of this Act, the
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following terms shall mean:
a. Deprivation of liberty - refers to 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;
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b. pther cruel, inhuman, or degrading treatment or 
punishment - refers to a deliberate or aggravated treatment 
br punishment inflicted by a person in authority or agent of 
a person iii authority against a person Under his/her custody 
^bicii Attains a leVel bf seventy causing suffering,1 gross 
Huihiliation or debasement to the latter:
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c. Person deprived of liberty - refers to any person placed in 
any form of detention or imprisonment1 or in a public or 
private custodial setting where the said person is not
perinitted to leave at will by order of any judicial, 
pWinisih^tive,* 'br^ot^ei1 autiibnty;'
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d. Place' of deprivation ' df liberty - refers to any place of 
detention; iniiprisonment, or the placement of a person in a 
public or private custodial setting under or within the 
jurisdiction and control of the Philippines where persons 
are or may be deprived of their liberty by virtue of an order 
gWeri by a public autlioiity, at his^er instigation, or with
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his/her consent or acquiescence.
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Places of deprivation of liberty shall also include, but 
Mi not be limited to, unofficial places of detention where 
persons are suspected of being illegally detained or not 
permitted to leave the same at will by order of any 
judicial, abmimstrative, or other authority and any other 
place in which the NPM believes that there may be persons 
deprived of their liberty.
■ the term shiall also encompass^ 
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traditional physical spaces of detention, whether moving or 
stationary, temporary or permanent, formally or informally 
1 used as detention facilities, or maintained or managed by 
pUblic or private authorities under regulation by the 
G^vemment.i | The term shall include, but shall not be 
limited to, the following: 
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1) 
Municipal jails;
2) 
City jails;
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3) I District jails;
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S.ub-provincial jails;
6) , Police custodial qenters; ,
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Detention facilities;
Correctional facilities;
holding centers; ,
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National penitentiaries; 
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]^outlji hpmes;
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Rehabilitation centers for the youth or Bahay Pag- 
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BahaySilangan; . 
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International ports and airports;,
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Immigration,(detention centers;, , , u ri ij i(|;
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psypjjij^cii^^itutions; 
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Care homes for older persons;
' 19) Security or intelligence service facilities;! 
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20) Military forts and camps; ’
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Other facilities under military jurisdiction; 
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' 22) Places of administrative detention;!! v 
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i it(24)‘f ■'iHospitals;'iv 11 <;;
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Home-based or medical/health-related detention 
facilities;
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Drug rehabilitation centers; and
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Other similar or makeshift places of confinement
. where persons confined thereat are not permitted, 
M to leave at will; 
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e. Reprisal - refers to an act or omission attributable to 
authorities or officials of a State who order, carry out, 
permit or tolerate any sanction against any person 
or organization for having communicated with the NPM or 
for having provided the NPM with any information, 
irrespective of its accuracy;


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f. Subcommittee on the Prevention of Torture (SPT) - refers to
the' United Nations Subcommittee on1 the Prevention of 
Torture and Other Cruel, Inhuman, or Degrading 
Treatment or Punishment established under the OPCAT;
g. Torture - refers to an act by which severe pain or suffering, 
whether physical dr mental, is intentionally’inflicted on a 
persdh' fdr such purposes as obtaining from him/her or a 
third person information or a confession, punishing hini/her
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for an act he/she or a third person has committed or is
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suspected of having committed, or intimidating or coercing 
hinVher or a third person, or for any , reason based 
on discrimination of any kind, when such pain or suffering 
is inflictedby or at, the instigation of or with jt,he consent tor 
acquies|cence|pfja person in authority or agent | of a person 
in authority. , It does not, include pain or suffering arising 
only ftom, inherent in, or incidental to lawful sanctions;
h. Unannounced visits - refers to visits that may be conducted 
at any time and without prior notice or authorization, unless
specifically prohibited'tly a court; and '
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i. Unrestricted'dccess - refers to free access to' the following, 
unless specifically prohibited by a court:
1) All persons deprived of their liberty, with the 
opportunity to have private interviews with them 
without witnesses, either personally or with 
a translator, if deemed necessary;
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2) ■Stlcu^dfealpersbnhel involved^
; treatment of persons deprived of their liberty;
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3) Any other person involved in or relevant to the 
treatment of persons deprived of their liberty;
4) Any other person or source which the NPM believes 
to have relevant information;
5) All information concerning the number of persons 
deprived of their liberty in places of deprivation of
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liberty, as well as the number of such places and
; ! their locations;
6) All information referring to the treatment and 
conditions of persons deprived of their liberty; and
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bf' deprivation of liberty and their
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installations and facilities.
Unrestricted access includes the liberty on the part of the
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NPM to choose the places that it may want to visit and the 
persons that it may wish to interview.
SEC'4. pesignaiiori. - The CHR is hereby designated as the NPM 
of the Pliihjppliies W-fl-W5 the 
Tlie NPM shall be made iip of 11
membersi which shall include the 4 Commissioners and the Chairperson 
of the CHR, as mentioned in Section 7 (a) of this Act.
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SEC 5. Powers and Functions of the CHR as the NPM. - The NPM 
shall halve'the Allowing powers arih functions^ 1 
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a. To' conduct regular and unannounced visits' to places Of 
deprivation of liberty in order to prevent torture and Other 
cruel, inhuman, or degrading treatment or punishment;
1 In conducting such visits, the NPM shall consider requests 
fdr visits by Civil socieiy groups or any other entities dr 
individuals recommending policy, procedural, or practical 
reforms in places of deprivation of liberty;
b. To examine and assess during visits the
procedures, practices, and all other aspects relevant to the 
treatment and living conditions of persons deprived of 
liberty in order to identify the risks that give rise to torture 
and other cruel, inhuman, or degrading , treatment or 
punishmen^nd to find ways to improve such persons’ well­
being and protect their rights; , 
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c. To examine and review national laws, policies, and 
procedures that relate to the treatment, well-being, and
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rights of persons deprived of liberty' and to propose their 
amehcimentorrepeal or the enactment of hew laws witli the 
view 'of strengthening the protection againk toiiire arid 
Other cruel, inhuman,, or degrading treatment or
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punishment;
d. To submit to Congress and to the President its observations, 
recommendations, and proposals relating to the rights and 
I protection Of persons deprived of their1 liberty and provide 
othrir: '.relevant - iauthorities , with * the isariie for i the latter 
tO' I undertake the necessary implementation measures;
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e. To refer for investigation to the investigative arm of the CHR 
' or other appropriate investigative agencies of the
Government, with the consent Of the complaining person 
deprived of liberty, or anyone on' his/her behalf, if the 
complaint is nbt iriade anonymously, any factual incident1 df 
torture arid’other Cruehi inhuman, or degrading treatment or 
punishment or other human rights violations or abuses 
it may discover during its visits; ! ^ 
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f. To work, where appropriate, in cooperation of consultation
with 'any person or 'entity, whether1 public or private, in 
Connection with the discharge of any of its functions under 
this Act and the OPGAT; i t i i , 
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g. To publish information relative to its preventive monitoring 
functions, specifically on matters mentioned in Paragraphs
. (a), (b), (c), (d), and (e) of this Section, when circumstances 
SO wairant and with due prudence: Provided, That ithe NPM, 
having high regard for its rules and regulations relative to 
confidentiality and informed consentj may determine, what 
information, shall be considered; confidential and not to be 
made public: Providedfurther. That any public statement or 
publication issued shall be balanced, fair, and true:
. Provided further. That the NPM shall not publish or make 
known any sensitive personal data relating/to any person 
without that person’s express consQwi: Provided finally;


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That; this provision shah ,ije iii accordarice with Section IS
o!f ‘ this Xct and • all1 existing 1 and hiture laws
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on confidentiality and security of sensitive personal 
: information and data, such as but not limited to, RA No. 
10173, Otherwise known as the Data Priyacy Act of 2012;
h. 'hd submit indepdriderit' annual reports to the United Nations
I (W), 
Again,;>f1 Torture and/or.the lSPiT regarding
the,.^Implementation of the Republic of the Philippines’ 
obligations under the UNGAT and the OPCAT;
i. To promote public awareness through the publication and 
dissemination of information and education materials on its
: F • iwork as the NPM, the right to be free ' from torture and other 
t li (!! ;i V cruel; inhuman,' or i degrading treatment or punishment,' and ! 
n r i r I the rights of persons deprived' of liberty; !' ! ' 
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j. To train and capacitate the relevant authorities charged with 
the ! treatment of persons deprived ' ’ of liberty and 
management of places of deprivation of liberty; and
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k. TTjO Subrpit Jo Copgress^and to the, President an independent 
^nnualnreport toibe, received, published, and disseminated 
by the Government, which shall include a report to 
Congress on annual budget and expenditures;
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SEC 6. Guarantees to the CHR as the NPM. - All branches,
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subdivisions, departments, and agencies or instrumentalities of the
25, : Government and releyant priyate institutipns shaiPguarantee the.OTM 
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a. Full and unrestricted access to all information concerning 
the number of persons deprived of liberty in places of 
deprivation of liberty, as well as the number of such places
. I and their locations: Provided, That this provision shall be in 
accoi;dance with Section 14 of this Act;
b. Full arid unrestricted access to all information referring to
the treatment and conditions of persons deprived of liberty:
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Provided, That this provision shall be in accordance with 
Section 14 of this Act:'
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c. Full and unrestricted access to all places of deprivation of
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[an^j^eir1( installation^ ^and, fapil^ties:. Prpyided, MThat
this p|rovi|sion (shallj bfeinja|ccof<lance. with Section ,16 of this 
Act;;
d. Liberty to conduct private interviews with persons depriyed 
of liberty without recording or monitoring by the persons in 
authority, or agents thereof, who are in charge of places of
i 1; deprivation of liberty, either piersdnally jor with a translator, 
if deemed necessary, as well as with1 any >other person who; 
ini the View of the NPM,: 'possesses relevant infoimation;! '
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e. Liberty to choose the places to visit and persons to interview 
i , arid when these should take place;
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iand[ipdrsonpefl may be accompanied by
experts designated by the NPM on visits to places of
i:'dbprivatiohl'oTliberty;!n'i'l'./1': ■ i ' iii;i -i '
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g. Freedom to determine its own‘relevant rules and procedures, 
including its program of visits;
h. That the relevant authorities shall be required to examine its 
recommendations as the NPM and to enter into dialogues 
with the same to discuss and agree on possible 
implementation and the corresponding reporting measures;
i. That'the relevant authpri^^^ shairlje rbquired 
recommendations of the NPM by implementing the agreed 
upon measures accordingly; and
j. That the NPM shall enjoy complete financial and operational 
autonomy and independence when carrying out its functions
' iihdef both thisActand the OPCAT;
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SEC 7', Composition of the NPM and Qualifications of the Members 
Thereof -I \ 
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(1) IVi'v'ch' 
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a. The 1^M?, which shall be an independent and collegial body,
shall ,be composed of the following:
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1) The 4 Commissioners and the Chairperson of the CHR, ^ 
, with the Chairperson of the CHR sitting as the Presiding 
Officer of Ac NPM; , p 
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Four (iti expeits representing any tour (4^ of thle following
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|)i:ofe,ssibhs dr other related fields:
a) Criminal Law;
1 b) Medicine; 
c) Psychiatry 
1 dj1 Psychology;
, I e) Social Work;
(Architecture; and, 
g) Engineering;
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3), One (1) representative from a non-governmental 
, , organization (NGO) operating; in the Philippines for at 
^.jll^ast, fiyCi (5) years;,and iadyocating for human rights, 
preferably focusing on anti-torture work and/or upholding 
the rights of persons deprived of liberty; and
4) One (1) person with prior professional experience 
regarding administration of places of deprivation of
b. The NPM shall strive to have at least one (1) member each 
come from,Luzon, Visayas, and Mindanao.
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c. The NPM shall striye to have balanced gender representation 
and have adequate representation of ethnic and minority 
groups in its membership on the basis of the principles of 
equality and non-discrimination.
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d. The ‘quktifiliatiBns1 of {lie 'merribers of tke1 
shall be tbe
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1) The four (4) experts as mentioned in Paragraph (a) (2) of
this Section shall:
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a) BePilipiho citizens;5 '' 
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b) Have ibeeni practicing their respective professions for 
at least seven (7) years;
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c) Be recognized arid respected members of their 
respective professional organizations;
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d) Possess high moral character, recognized probity,
competence, and integrity; 
'
e) Be defenders and promoters of human rights in both 
their professional and personal capacities; and
f) If aye no. record of any human rights violatipn(s).
Preference will be given to members of the 
aforementioned professions who are knowledgeable 
about matters related to detention and
■!the administration of justice. 
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i: h Special consideration will also be given' to members 
I '' ' of the' aforementioned professions who have an 
s understanding of the penal situation in 
the Philippines, particularly penal structural 
conditions, organizational processes, culture, and the 
effects of imprisonment.
2) The representative: from the NG.0 must be; :a ' Filipino 
citizen; a recognized human rights defender riominated 
by an NGO operating in the Philippines for at least five 
(5) years and advocating for human rights, preferably 
focusing on anti-torture work and/or upholding the rights 
of persons deprived of liberty and a human rights expert 
with experience working on both the issues of torture and 
thp rights of persons deprived of liberty and visiting places 
of deprivation of liberty.
11
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3) The member with prior professional experience regarding 
administration of places of deprivation of liberty must be 
a Filipino citizen, a Bachelor’s Degree holder who has 
{‘ experience i as i a detention authority, and have a good 
(litraCk (record in administration of places of deprivation of 
liberty and no record of human rights violatioh(s), both in 
'1 his/her professional and personal capacity. He/She should 
have an understanding of the penal situation in the 
I; • Philippines,, particularly penal structural conditions,
. 
, organizational processes, culture, i and the effects of
" is imprisonment.
e. The members of the NPM shall not, during their tenure, hold 
any other office or employment in the Government or any 
subdivision, agency, or instrumentality thereof, including 
government-owned and/or controlled corporations 
(GOCCs) or their subsidiaries. Neither shall they engage in 
the practice of any profession or the active management or 
controllof any business which, inlanV'way,' niay be affected 
blithe fuiittibns of thdr office!'! !i : i
SEC, 8. Nomination, Selection, and Appointment of the Members of 
the NPM - The members ■ of the NPM shall be appointed by the 4 
Commissioners and the Chairperson of the GHR through the following 
processes:
a. The 4 Commissioners and the Chairperson of the CHR shall 
sit as ex officio members of the NPM;
b. The four (4) experts mentioned in Section 7 (a) (2) of this 
Act shall be appointed, preferably from the list of nominees 
provided by their respective professional organizations 
through their own internal nomination processes;
c. The representative from an NGO shall be appointed,
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preferably from a list of nominees provided by NGOs 
operating in the Philippines for at least five (5) years and 
advocating for human rights, preferably focusing on anti-
12
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torture work and/or upholding the rights of persons 
deprived of liberty. Tlie said NGOs shall' prepare the 
I •.■jaforeipefiffjoij^ (lists. tthrpjugh their7pwn inteipal nomination
pro.ces^es;,. ;v-;k'r.' 
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d. The member with prior professional experience regarding 
administration of places of deprivation of liberty shall't)e 
appointed, preferably from the list of nominees provided by
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the Bureau of Jail Management and Penology (BJMP) or 
the Bureau of Corrections (BUCOR);
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i,e. The nomination and selection process shall commence after
. the preparation of the i guidelines , therefor and the 
, , ( dissemination of these guidelines to the appropriate and 
relevant professional and cause-oriented organizations; and
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f^ fl^Cpn^mis^ioners and thjc Chairperson pf the tCHR: shall
|‘! I} cotiycnc. to deliberate ,on the nominations submitted by.
, i,;, these .1 organizations and shall issue the necessary 
. appointments to the qualified individuals in an oath-taking 
, ^ceremony before the 4 Commissioners and the Chairperson , 
i ; oftheCHR.
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pi t* <ulSEG 9J 7^rmiq/iOffice}^<^hG 4 Commissioners and the Chairperson 
of the CHR, who shall sit as ex officio members of the NPM, shall serve 
as members of the NPM for the entirety of their respective tenures as the 
4 Commissioners and the Chairperson of the CHR.
The members of the NPM specified in Section 7 (a) (2) - (4) of this 
Act shall serve for a term of three (3) years with the possibility of only 
one (1) reappointment. To ensure that the NPM is a continuing body, the 
first batch of appointments shall be on a staggered basis. The first two (2) 
members to be, appointed shall hold pffice for three (3) years, the next 
two (2) members to be appointed shall hold office for two (2) years, and 
the last two (2) members to be appointed shall hold office for one (1) 
year. Succeeding appointments shall serve for three (3) years with the 
possibility of only one (1) reappointment.
13


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SEC 10. Salaries, Emoluments, and Benefits. - The members of the 
NPM shallihave the rank, salary,1 emoltimdrits-'and allowances equivalent 
to that of government officials with a salary grade of 26, which may not 
be increased or decreased during their term of office. -
The 4 Commissioners and the Chairperson of the CHR who shall sit 
as membersofthe OTMjshallnot(receive any additioiial salaryrdue to their 
occupyirig the latter positions ex officio.
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SEC 11. Removal from Office. - The members of the NPM, 
excluding the 4 Commissioners and the Chairperson of the CHR who 
shall sit as ex officio members of the NPM, may be removed from office 
on any. of the following grounds exclusively:
!oi"; : sMli.'-i ■■ I ' ‘ 1 i i* I U'.lr ' 1' ‘ 1 i ■ 1 ' i > ! ■ f ’ ; I 1 1 i"
a. Disloyalty to the Republic of the Philippines;
b. Culpable violation of the Constitution;
c. Violation of Republic Act No. 3019, otherwise known as
. the Anti-Graft and Corrupt Practices Act; , 
;
d. Other high crimes or betrayal of the public trust;
e. Dishonesty,, miscondluct in office, gross negligence, or 
dereliction of duty; ,,, .v ...... ,h. ir , , .. ,
f Commission of anyjoffense involving moral turpitude or 
an offense punishable by imprisonment of more than six 
(6) years;
g. Abuse of authority; or 
'
h. Violation, non-performance, or ineffectiveness in the 
performance of their functions as members of the NPM.
Section 12. Independence of Members. -
a. The members of the NPM sliall serve in their personal capacity 
and shall not only act independently and impartially, but also 
transparently, so as to be seen to be so by a reasonable observer. 
To that end, the members of the NPM shall conduct themselves 
in accordance with the following guidelines:
1) No member of the NPM shall participate in activities which 
may imply, or may be seen to imply, a conflict of interest with
14
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his/her capacity
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as an independent and impartial member of
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the NPM; and
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2) Members of the NPM shall avoid any action which might 
j|'( sis .iS'yf2 Sthe impressionjithatiany :given agency, or, facility;.is
I; 
iiincl. receiving more or less favorable treatment than that accorded 
to others; and
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b. If for any reason a member of the NP|Mi considers that he/she is 
in a situation involving a potential,conflict of interest, he/she 
;,: shall promptly inform the Presiding Officer of the NPM, 
v)! lrl^spjectiyely, who shall then advise the rest of the members on 
the potential conflict of interest. Ultimately, the NPM as a whole 
shall take all measures necessary to-safeguard the requirements 
of independence and impartiality of its respective members.
ir I lSEG, 13. Organizational Structure of the NPM. - The NPM shall be 
^ejt jppja^I1 a separate diyision within the, CHRiwhh,its(own budget,and 
personnel., ^ ... i tili„ 
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! Whenever necessary, ihe NPM may hire additional contractual
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employees or contract the services of experts and/or consultants with the 
relevant professional experience, expertise, and knowledge, to assist in 
the discharge of its powers and functions under Section 5, of this Act on 
aniinyitational basis. ; ■ , ; i , 
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SEC 14. Confidentiality. - All documentation and information 
collected by the NPM shall be kept strictly confidential, unless the NPM 
decides otherwise ill felatidn fo a pMicular docum 
sensitive information, whether personal or otherwise, shall be published 
without the express consent of the individual or authority concerned: 
Provided further, That this provision shall be in accordance with all 
existing and future laws on confidentiality , and security of sensitive 
personal information and data, such as but not limited to the Data Privacy 
Act of 2012. .
33 
The rules of confidentiality shall be in accordance with all
34 
applicable existing and future laws, particularly, but not limited to, the
15
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28 
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Data ' Privacy Act of 2012. Particularly, publication of sensitive 
information without the express consent of the individual or authority 
concemeif wiii1 be! dealt witli1 accordingly, which may* include, but will ’hot 
6^ liltk'ithi’Wj’heihg pendlizeh under the Data Privacy Act'of 2012.
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SEC 15. Relationship and Cooperation with Civil Society
Organizations (CSOs) and Other Groups. - The NPM shall apply a 
human rights-based approach in the performance of its mandate, maintain
-7r / / 'I I r ■ J,/ i
Ir[|^ !^ge^pij^s, working against torture, including the Committee Against 
Torture, SPT, and the Office of the High Commissioner for Human 
Rights1 (OHCHR), CSOs, media organizations, arid other regional, 
national, and intematioriail human rights iriechariisms for the effective and 
full implementation of this Act. 
;
Government authorities and private organizations or entities 
mandated to protect arid promote the rights of persons deprived of liberty 
shall bodherat6 with and promptly1 resporid to the recommendations, 
proposals,'1 arid other requests of the NPM in' the performance 1 of its 
mandate. ! 
‘ 
!
SEC 16. P{rotection, from Criminal Liability, Other Sanctions, 
and Rcpnsah. 
...... i;,.:,, , 
„i;i:;,
a. lijo'aut'h6nty of official'skali order,1 applj'j peimit, or tolerate 
any sanction against any pep?on or organization for having 
communicated to the NPM any inforrriation and no such 
person or organization shall be otherwise prejudiced in any
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b. The relevant authorities shall take effective steps to prevent 
and promptly respond to any sanction or act of reprisal 
stemming from communications to or cooperation by other 
persons or organizations with the NPM;
c. No criminal, administrative, or disciplinary sanction shall 
be taken against any person or organization for having
..... .. communicatedin-good .faith any information io the..NPM;......
16


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10
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20 
21 
22
23
24
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26 
21 
28 
29
39
31
32
33
34 
35.
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nil'* *1 Old.)Anything done in good faith and pursuant to the functions 
and powers conferred upon the NPM under this Act or in 
.* respect of any publication by, or under the authority of, the 
NPM of any report, proceeding, or any other matter undeij, 
. this Act shall not be a ground for action, suit, or other legal 
j I, j I . proceeding against any member of the NPM or any other 
nil I (;! PjBfspfij■ NPM.in .the performaitce pf the, 
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No protection from criminal liability or disciplinary or
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administrative sanction shall be given to any member of the NPM where
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he/she is finally adjudged in any action or proceeding to be liable for gross 
negligence or misconduct, grave abuse of discretion, or abuse of
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authonty.
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SEC 17. Information Sheets on Persons Deprived of Liberty and 
Places of Deprivation of Liberty. - The Department of Justice (DOJ), 
BUCOR, National Bureau of Investigation (NBI), Bureau of Immigration 
(BI), Department of the Interior and Local Government (DILG), BJMP, 
all local government units (LGUs), whether at the provincial, city, or 
municipalilevel, i with; controli of i supervision bf jails; Philippine National 
Police (PNP),i (Department of National Defense'(DND)^ Armed Forces of 
the Philippines (AFP), Department of Social Welfare and Development 
(DSWD), Department of Health (DOH), and other government of private 
institutions with jurisdiction, control, and/or oversight of places 
of deprivation of liberty shall make an updated information sheet 
covering all places of deprivation of liberty and their installations and 
facilities under their respective jurisdictions with the corresponding data 
on the persons deprived of liberty under their custody, such as, among 
others, their names, the date tyhen their deprivation of liberty, began, the 
exact reasons for the same, and the conditions of where they are exactly 
held.
Such information sheet shall be periodically updated by the same 
agencies and institutions within the first five (5) days of eveiy month at 
the minimum. The format of the, information sheet shall be prescribed by 
the NPM and.-transmitted to the , said ,|‘agencies and . institutions at
j. ! 
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33
34
35
36
the soonest possible time. The list prescribed by Section 7 of the Anti- 
Tortiire Act of 2009 shall also be submitted to'the GHR within the first 
five (5) rdays of every month at the minimum.
iM i^V'
‘’'’.'''Sec'is’.1 Other Entities Conducting Visits to Places of Depriydiion 
of Liberty f-T^Q (designation of the CHR as ihle NPM sliall not, in*any 
way, dimmish the importance of visits to places of deprivation of liberty 
regularly undertaken by other groups, such as local and international non-
1 I : ' i , ' 1 ' ' ' ' - I ‘ 
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goyernmental organizations, faith-based and/or lay organizations,
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and other government mechanisms working for the well-being and
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protection of persons deprived of liberty.
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ISEC, 19.1 Public Education^ Information, and Awareness Campaign. 
- The I NPM, in cooperation and partnership with the (Philippine 
Information Agency (PIA), Department of Justice (D,OJ), Bureau of 
Corrections (BUCOR), National Bureau of Investigation (NBI), Bureau 
of Immigraton (BI), Department of Interior and Local Government 
(DILG),' iBureau of Jail Management and Penology! (BIMP), Philippine 
National; Police (PNP)', Department of National Defense (DND), Armed 
Forces of'’the Philippines (AFP)’ Department of Social Welfare and 
Development (DSWD), Department of Health (DOH), and other agencies 
with jurisdiction, control and/or oversight of places 6f deprivation'of 
liberty^ GSOs, arid such other concerned parties and entities in both the 
public rind private sectors shall inform the public, as well as persons in 
authority and their agents, of the existence and designation of the CHR 
as the NPM, the rights of persons deprived of liberty, the importance of 
preventive visits, the need for cooperation during such visits, and for 
iniplemeriting hieasureri based on the CHR’s fecbmriie^^^
NPM.
This shall be done through a programmatic nationwide awareness­
raising campaign, and, in line with Section 21iof the Anti-Torture Law 
of 2009, the said campaign shall be included in the training of law 
enforcement personnel, whether civilian or military, members of the 
medical profession and allied medical professions, public officials and 
Other persons, whether belonging to the public or private sector, who may 
be involved in the custody, inteirogation, or treatment of any iridividual
18


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subjected to arrest, detention, imprisonment, or any form of deprivation 
of liberty.
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Furthet; authorities' shall make lise of popular media, siich as, but
liotliihitedto, govemmerit-oWried television and radio stations; and other 
resources at their disposal in undertaking the public education, 
information, and awareness campaign. The ■ Department of1 Education 
(DepEd), Commission on Higher Education (CHED), and other 
fegulatory agencies on education shall also include information on the 
UNGATj;; OPGATj the! SPT, The NPM,1 land! the1 preveiitive* inohitbring 
mbthbddlo^y in* th'e integration of human rights' education courses iii lall 
primary, secondary, and tertiary education institutions nationwide in line 
with Section 21 of the Anti-Torture Act of 2009.
SEC 20. Periodic Review. - Within five (5) years after the 
effectivity of this Act, and every five (5) years thereafter or as the need 
arises, the Oversight Cbmrhittee created pursuant to Section 20 of the 
Antr-Torture Act of 2009 shall conduct a comprehensrve revrew of rts
iill'iir uptM.nUiV* 
'{ Mr 'U
rmplementatron and a systematrc evaluatron of the performance and 
mnctiorirng of the NPM in order to highlight its accomplishments and 
impact bn the protection of the rights of persons depriyed of their* liberty. 
To carry out these tasks, the aforementioned Oversight Committee shall 
ensure participative and multi-sectoral dialogues with stakeholders, 
whicii ^ shall include CSOs, survivors of torture and their families, and the 
relevant government authorities involved in the treatment of persons 
deprived of their liberty and the administration of places of deprivation 
of liberty.
One Hundred Million Pesos (PhP 100,000,000 00) for maintenance arid 
other operating expenses (MOOE), personnel; service (PS), and capital 
outlay, which will be sourced from the President’s Contingency Fund 
under the Presidential Social Fund, subject to existing budgetary laws 
and requirements. Subsequent funding requirements shall be included in 
the budget of the CHR ■ under the annual General Appropriations Act 
(GAA). 
*
. Vi<U;
19


SVX: :!,3
I 'I 
I
11 (k’i;! I ’SEGi22;i Implementing Rides and'Regulations (IRR). ^ The GHR 
i 2 and the DOJ shall formiilate the i IRR of this Act within ninety (90) days
3 
from its effectivity.
4 
i i' The CHR Shall consult with the DOJ, BUCOR. NBl. Bli DILG, 
i 5 BJMP; PNP, DND, AFP, DSWD, DOH, and other relevant government
16 
agenciiss and CSOs Working’in various^ fields relevant to the treatment
17 
of i persons deprived ofliberty.
18 
The IRR of this Act shall be effective within fifteen1 (15) days
9 following its publication in two (2) newspapers of general circulation.
10
11, 
SEC 23. Separability Clause. - If any provision of this Act is
12 
declared inyaM or unconstitutional, the other provisions not affected
13 
thereby shall remain valid and subsisting.
14 
SEC 24. Repealing Clause. - All laws, decrees, executive orders,
15 
rules and regulations, memorandum orders, memorandum circulars,
16 
administrative orders, ordinances, and other issuances, or any part
17 
thereof, which are inconsistent with this Act, are hereby revoked,
18 
amended, or modified accordingly.
19 
SEC 25. Effectivity. - This Act shall take effect fifteen (15) days
20 
after its publication in the Official Gazette or at least two (2) newspapers
21 
of general circulation.
22
Approved,
I ’ I
20