< • 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
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SENATE 
S.'NO. 297 
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JUL -6 Jill :05 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
The 1987 Constitution envisaged the Commission on Human Rights to exist as an "independent 
office". This is indeed necessary if the Commission is to ensure that the State .perfonns its duty to 
respect, protect and uphold the rights of our people. However, there are two institutional 
impediments that compromise the independence of the Commission, namely the lack of 
transparency in the selection and appointment of the Chainnan and Members of the Commission, 
and its limited fiscal autonomy. 
This bill will strengthen the independence of the Commission on Human Rights by: I) the 
Constitution of a Nominations Committee that will screen applicants/aspirants to the Commission 
and submit a short list of nominees to the President; 2) the appointment of the Chainnan and 
Members of the Commission on a staggered basis; and 3) the grant of full fiscal autonomy to the 
Commission. 
It is hoped that the Nominations Committee will ensure the transparency of the selection process so 
that those that are appointment have a proven track record of integrity, independence and 
competence in human rights advocacy. The adoption of the staggered tenn of the Chainnan and 
members of the Commission precludes their appointment by only one president, even as it 
guarantees the continuity of policies and programs of the Commission. Finally, the grant of full 
fiscal autonomy will give the Commission sufficient flexibility to promptly and fully discharge its 
powers and functions as envisaged by the constitution. 
The seven year tenn of the incumbent Commission will expire in May this year. It is in this respect 
that immediate approval of this measure is earnestly requested. 
I 


" 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. NO. 297 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
'I 0 
JU! -6 
ffl- -: "05 
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j 
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STRENGTHENING THE INDEPENDENCE OF THE COMMISSION ON HUMAN 
RIGHTS, AMENDING FOR THE PURPOSE, SECTIONS 1 AND 5 OF EXECUTIVE 
ORDER NO. 163 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Sec. 2 of Executive of Executive Order No. 163 is hereby amended to read as 
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follows: 
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"Sec. 2. (a) The Commission on Human Rights shall be composed of a chairman and four 
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Members who must be natural-born citizens of the Philippines WHO ARE HUMAN RIGHTS 
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ADVOCATES OF KNOWN PROBITY, COMPETENCE AND INTEGRITY, and at the time of 
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their appointment, at least thirty five years of age, and must not have been candidates for any 
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elective position in the elections immediately preceding their appointment. However, a majority 
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thereof shall be members of the Philippine Bar." 
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(b) 
x 
x 
x 
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(c) The Chairman and the members of the Commission on Human Rights shall be appointed 
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by the President FROM A LIST OF TEN (10) NOMINEES TO BE SUBMITTED BY A 
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NOMINATIONS COMMITTEE TO BE CHAIRED BY THE EXECUTIVE SECRETARY WITH 
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MEMBERS REPRESENTING THE FOLLOWING: 
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1) COMMISSION ON HUMAN RIGHTS 
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2) PRESIDENTIAL HUMAN RIGHTS COMMITTEE 
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3) PHILIPPINE AALLIANCE OF HUMAN RIGHTS ADVOCATES 
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4)KARAPATAN 
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· . 
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5) FREE LEGAL ASSISTANCE GROUP 
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6) INTEGRATED BAR OF THE PHILIPPINES 
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[for a term of seven years without reappointment. Appointment to any vacancy shall be only for the 
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unexpired term of the predecessor.] 
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THE FIRST NOMINEE APPOINTED BY THE PRESIDENT OR THE APPOINTEE 
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WHOSE NAME APPEARS FIRST IN THE LIST OF APPOINTEES SHALL BE THE 
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CHAIRMAN OF THE COMMISSION WHO ALONG WITH THE SECOND APPOINTEE 
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SHALL SERVE FOR SEVEN YEARS. THE THIRD AND FOURTH APPOINTEES SHALL 
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SERVE FOR FIVE (5) YEARS, AND THE LAST APPOINTEE FOR THREE YEARS. THE 
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CHAIRMAN AND MEMBERS OF THE COMMISSION SHALL NOT BE REAPPOINTED. 
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APPOINTMENT TO ANY VACANCY SHALL BE ONLY FOR THE UNEXPIRED 
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PORTION OF THE TERM OF THE PREDECESSOR. IN NO CASE SHALL ANY MEMBER BE 
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APPOINTED OR DESIGNATED IN A TEMPORARY OR ACTING CAPACITY. 
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(d) 
x 
x 
x 
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SEC. 2. Sec. 5. Of Executive Order No. 163 is hereby amended to read as follows: 
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"SECTION 5. THE COMMISSION ON HUMAN RIGHTS SHALL ENJOY FISCAL 
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AUTONOMY. The approved annual appropriations of the Commission [on Human Rights] shall be 
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automatically and regularly released." 
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SEC. 3. All laws, decrees, executive orders, rules and regulations and other issuances or 
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parts thereof inconsistent with any provision of this Act are hereby repealed, amended or modified 
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accordingly. 
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SEC.4. If any section or provision of this Act is declared unconstitutional or invalid, such 
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other sections or provisions not affected thereby shall remain in full force and effect. 
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SEC. 5. This Act shall take effect immediately. 
Approved, 
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