Thirteenth Congress of the Republic 
of the Philippines 
> 
Third Regular Session 
> 
> 
SENATE 
Introduced by Senator MA. Madrigal 
EXPLANATORY NOTE 
The meaning of terrorism is often determined more by 
context than by a logical explanation.] 
A law on terrorism alone cannot guarantee the defeat of terrorism or even its 
deterrence. It will only contain sweeping and vague provisions that undermine 
among other things the right to life, the right to freedom of expression and 
association, the liberty of movement, the prohibition against arbitrary detention, 
and the right to the presumption of innocence and fair Mal. 
While we recognize the right and duty of the State to self-defense and to protect 
national security, we are also against the use of violence against civilians and 
non-combatants. Concomitant to national security interests is the protection of 
the security of persons under its jurisdiction and to take effective measures 
against acts of terrorism. But national security should not be used as an excuse to 
stifle the freedoms and the human rights guaranteed by the Constitution. 
We agree with the position made by Amnesty International that, "security and 
human rights are iiot alteniatives; they go hand in hand. Respect for human 
rights is the route to security, not an obstacle to it. The route to security is 
through respect for human rights, not their violations. As the UN Secretary- 
General Kofi Annan has stressed: "While w e  certainly need' vigilance to prevent 
acts of terrorism.. . it will be self-defeating if we sacrifice other key priorities -- 
such as human rights -- in the process." 
Worldwide, there is now a growing clamor for either the repeal of or 
modification of existing terrorism laws. This is amplified by the fact that, from 
1996 until now the United Nations has yet to offer a clear definition of terrorism. 
In 2004, India, a country which has faced serious threats from terrorism and 
other forms of political violence, took a significant step forward for human rights 
by repealing its Prevention of Terrorism Act of 2002. 
' Phil Rees, "Dining with Terrorists," page 9, [2006] 
1 


In a report on India's Anti-Terrorism and Security Law prepared by the 
Association of the Bar of the City of New York for the Committee on 
International Human Rights, it said that, "Attentiveness to these human rights 
concern is not simply a moral and legal imperative, but also a crucial strategic 
imperative. As the Supreme Corirt of India has recognized,  terrori ism^ 
thrives where human rights are violated, and the lack of hope for iustice 
provides breeding grounds for teworism." 
Present anti-terrorism legislations rely on the same institutions used in fighting 
other crimes - the police or military, the prosecution and the judiciary. More 
often than not, these same institutions have been tainted with doubts and their 
competency to protect human rights laws seriously undermined. If these same 
institutions are used to confront the so-called menace of terrorism, intense 
pressure will only subject them to commit further abuses. 
To break this cycle of merely legislating offenses without addressing the root 
problem of why terrorism exists, it is necessary to protect human rights and 
adopt a paradigm shift on how we view issues on security. While the State 
combats national security threats and problems, it is also its primordial 
responsibility that it does not violate human rights and humanitarian law 
principles in the process. 
This shift can be done by adopting the principles of Human Rights and Human 
Security. 
The Philippines in the exercise of its right to self-defense in combating 
transnational crimes such as terrorism cannot and should not sacrifice human 
rights and human security. As reiterated by the UN Security Council, General 
Assembly and Commission on Human Rights now Human Rights Council, that 
this legitimate fight against terrorist acts must be in full accordance with 
international law, in particular, human rights, humanitarian law and refugee 
In the country's compliance with its treaty obligations under Terrorism and 
Human Rights conventions, it is mandatory that human rights are continually 
respected and protected. The Philippines ratified the following treaties on the 
suppression of terrorism: the International Convention Against the Taking of 
Hostages (1980); International Convention for the Suppression of Terrorist 
Bombing (2004); International Convention for the Suppression of the Financing 
of Terrorism (2004); International Convention for the Suppression of Unlawful 
Seizure of Aircraft (1973); and International Convention on the Prevention and 
Punishment of Crimes Against International Protected Persons (1976). We 
* See UN Security Council resolution 1456 of 20 January 2003; UN General 
Assembly resolutions 57/219 of 18 December 2002,58/187 of 22 December 2003 
and 53/19] of 20 December 2004; and UN Commission on Human Rights 2003/68 
of 25 April 2004,2004/87 of 21 April 2004 and 2005180 of 21 April 2005. 
.. 
11 


recognize our State obligation under these treaties in the same way we recognize 
our State obligations under the human rights treaties and instruments that we 
have also ratified. Thus, a balancing of security of concerns and human security 
issues should continually be sought. 
On the one hand, human rights are universal, inherent, indivisible and inter- 
related. They are rights that make us human. They are rights that have to be 
upheld and respected both in times of peace and even in times of war. 
The Philippines has ratified all the major human rights instruments namely: 
International Covenant on Civil and Political Rights (1986); 
International 
Covenant on Economic, Social and Cultural Rights (1974); International 
Convention on the Elimination of All Forms of Racial Discrimination (1967); 
Convention on the Elimination of All Forms of Discrimination against 
Women(l981); Convention against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment (1987); Convention on the Rights of the 
Child (1990); and the International Convention on the Protection of the Rights of 
All Migrant Workers and Members of Their Families (1995). 
Moreover, the Philippines are also a State Party to the 4 Geneva Conventions and 
its Protocol I1 as well as to the Refugee Convention and its Protocol. 
On the other hand, human security refers to the security of individuals, as 
opposed to national security, which refers to the security of states. The concept 
grew out of a post-Cold War multi-disciplinary approach involving a number of 
research fields, including development studies, international relations, strategic 
studies, and human rights. While traditionalists focus on the defense of the 
nation-state, the individual is the unit of analysis in the study of human security. 
Human security is people-centered. Its focus shifts to protecting individuals. The 
important dimensions are to entail the well-being of individuals and respond to 
ordinary people's needs in dealing with sources of threats. The means for 
traditional security is merely protection, but not empowerment. It relies on 
building up national power and military defense. The common forms it takes are 
armament races, alliances, strategic boundaries etc. Human security is the 
opposite. It empowers people and societies as a means of security. People 
contribute by identifying and implementing solutions to insecurity. 
Human security proponents assert that these traditional measures seem to 
exacerbate the problem over time and only beget further retaliation and 
retribution. They advocate that governments should instead focus on designing 
people-centered interventions to address enduring, underlying problems. Causal 
factors need to be delineated to determine inequalities and ascribe measures to 
achieve equal access to resources and sustainability for all peoples. 
These interventions can take many forms. Human security further emphasizes 
that any intervention needs to address physical, psychological and political 
dimensions of security simultaneously. The psychological aspect to human 
security highlights the fact that too often the violence of a traditional military 
iii 


response simply begets further violence. ‘To use military means against an 
assortment of criminals and insingents is simply to provoke and consolidate 
support for those groups.‘ Instead, sustainable victory in such conflict situations 
means ”to win a battle for the society, for its mindsets and psychologies, to 
address sources of grievance and anxiety, and to shore up institutions of 
governance.” 
This bill proposes the strengthening of the human rights mechanism in the 
Philippines, the instifutionalization of human security concepts as a principle for 
conflict and security management and the eventual balancing of national security 
protection with human rights and human security concerns. 
Finally, we recognize the precedent biII filed by Senator Wigberto E. Tanada in 
1987, Senate Bill 226, An Act Providing for the Organization of the Commission 
of Human Rights, and for Other Purposes as the precursor of this proposed 
measure. 
It is not envisioned that this bill will be the panacea to prevent terrorism, but its 
intention is to identify and implement the interventions to address its causes. 
iv 


6 @EL -4 :7? 
* I  <; 
I L . .  - 
Thirteenth Congress of the Republic 
of the Philippines 
> 
Third Regular Session 
> 
> 
SENATE 
Introduced by Senator M.A. Madrigal 
AN ACT 
PROTECTING THE HUMAN RIGHTS AND HUMAN SECURITY OF THE 
FILIPINO PEOPLE, STRENGTHENING THE ORGANIZATION AND 
EXPANDING THE FUNCTIONS OF THE COMMISSION ON HUMAN 
RIGHTS AND CRIMINALIZING HUMAN RIGHTS AND HUMAN 
SECURITY VIOLATIONS 
Chapter I 
TITLE AND DECLARATION OF STATE POLICIES 
Section 1. 
Security Protection Act of 2006." 
Short Title. This Act shall be known as the "Human Rights and 
Section 2. 
It is the policy of the State to 
value the dignity of every human person and guarantee full recognition, respect, 
protection and fulfillment of human rights as the means for ensuring the security 
of its people. Towards this end, the State shaIi adopt human rights and human 
security measures to protect the people from pervasive threats to their rights, 
safety and lives. 
Declaration of State Policy. 
The State shall enact measures to ensure the effective enforcement of the State's 
obligations under its treaty obligations in the following human rights treaties: 
International Covenant on Civil and Political Rights (1986); 
International 
Covenant on Economic, Social and Cultural Rights (1974); International 
Convention on the Elimination of All Forms of Racial Discrimination (1967); 
Convention on the Elimination of All Forms of Discrimination against 
Women(l981); Convention against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment (1987); Convention on the Rights of the 
Child (1990); and the International Convention on the Protection of the Rights of 
All Migrant Workers and Members of Their Families (1995). 
Such measures shall include conflict management and post-conflict peace- 
building, to addressing the roots of conflict by building state capacity and 
promoting equitable economic development. The State shall further advance the 


protection and promotion of human rights, the rule of law, the culture of peace 
and the peaceful resolution of conflicts by adopting interventions that are 
people-centered. 
The State shall also continually recognize and honor existing agreements in the 
peace process particularly the Tripoli Agreement, Comprehensive Agreement on 
the Respect for Human Rights and International Humanitarian Law 
(CARHRIHJJ and other agreements that are the product of the peace talks with 
the Mor0 National Liberation Front (MNLF), Moro Islamic Liberation Front 
(MILF), Communist Party of the Philippines/New People's Army/National 
Democratic Front (CNN) and the Revolutionary Proletariat Army (RPA). 
In conflict areas where there are no existing agreements in the conduct of 
hostilities, the State shall respect the applicability of the four Geneva 
Conventions and its Protocol 11. 
To ensure the respect, protection and promotion of human rights, the State shall 
strengthen the organization of the Commission of Human Rights by following 
the Paris Principles on National Human Rights Institutions. 
Chapter I1 
HUMAN RIGHTS 
Section 3. 
Human Rights, Defined. For purposes of this Act, human rights 
will be limited to the rights affirmed and recognized in the treaties that have 
been ratified by the Republic of the Philippines in the following instruments: 
International Covenant on Civil and Political Rights (1986); 
International 
Covenant on Economic, Social and Cultural Rights (1974); International 
Convention on the Elimination of All Forms of Racial Discrimination (1967); 
Convention on the Elimination of All Forms of Discrimination against Women 
(1981); Convention against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (1987); Convention on the Rights of the Child (1990); 
and the International Convention on the Protection of the Rights of All Migrant 
Workers and Members of Their Families (1995). 
The rights affirmed and recognized in the Comprehensive Agreement on the 
Respect for Human Rights and International Humanitarian Law (CARHRIHL) 
shall also be recognized in this Act. 
It shall also include such rights recognized in the Universal Declaration of 
Human Rights (1948) and those found in Article I11 of the 1987 Constitution. 
Section 4. Human Rights Violation. For purposes of this Act, human rights 
violations will be limited to the violations of civil and political rights enunciated 
in the International Covenant on Civil and Political Rights (ICCPR) and other 
2 


human treaties mentioned in Section 4 of this Act that are civil and political in 
nature and rights found in Article I11 of the 1987 Constitution. 
CHAPTER I11 
CIVIL AND POLITICAL RIGHTS 
Section 5, 
Recognition and equality before the law. Everyone is entitled to 
equal protection before the law without distinction of any kind, such as race, 
color, sex, gender, language, religion, political or opinion, national or socia1 
origin, property or other status. 
Section 6. 
protected by law. No one shall be arbitrarily deprived of his life. 
Section 7. 
Protection from torture, cruel, inhuman or degrading treatment. 
No one shall be subjected to torture or to cruel, inhuman or degrading treatment 
or punishment. In particular, no one shall be subjected without his free consent 
to medical or scientific experimentation. 
Right to Life. Everyone has the inherent right to life. This right is 
Section 8. 
Protection of the Family and Children. 
(a.) 
"he family is the natural and basic social institution. 
(b.) 
Every child shall have the right to be protected, without 
discrimination or distinction of any kind. 
Section 9. 
Privacy and Reputation. Everyone has the right not to have his 
privacy, family, home or correspondence interfered with unlawfully or 
arbitrarily; and not to have his reputation unlawfully attacked. 
Section 10. Freedom of Movement. Everyone shall have the right to move freely 
in the country and leave it, and the freedom to choose his residence. 
Section 11. Freedom of thought, conscience, religion and belief. 
(a.) 
Everyone shall have the right to freedom of thought, conscience, 
and religion. This right includes: 
1. 
2. 
The freedom to have or adopt a religion or belief of his or 
her choice; and 
The freedom to demonstrate his or her religion or belief in 
worship, observance, practice and 
teaching, either 
individually or as part of a community and whether in 
public or private. 
3 


(b.) 
No shall be coerced in a way that would limit his freedom to have 
or adopt a religion or belief in worship, observance, practice or 
teaching. 
Section 12. 
have the right to peaceful assembly and freedom of association. 
Peaceful Assembly and Freedom of Association. Everyone shall 
Section13. 
Everyone has the right to freedom of 
expression and to hold opinions without interference. This right includes the 
freedom to seek, receive and impart information and ideas of all kinds, 
regardless of borders, whether orally, in writing or in print, by way of art, or in 
another way chosen by him. 
Preedom of Expression. 
Section 14. Taking part in public life. Everyone has the right, and is to have the 
opportunity, to: 
(a.) 
@.) 
(c.) 
Take part in the conduct of public affairs, directly or through freely 
chosen representatives; 
Vote and be elected at periodic elections, provided under the 
constitution and other laws; and 
Have access on general terms of equality, for appointment to the 
public service and public office. 
Section 15. Right to liberty and security of person. 
Everyone has the right to liberty and security of person. No one 
shall be arbitrarily arrested or detained. 
No one may be deprived of liberty without due process of law. 
The rights of persons arrested, detained or under custodial 
investigation as provided for in Republic Act 7438 shall be 
respected at all times. 
Anyone who has been unlawfully arrested or detained shall have 
the right to compensation for the arrest or detention. 
No one shall be imprisoned only because of an outstanding debt, 
No one shall be labeled, arrested, detained or imprisoned by reason 
of one's political or religious belief. 
Section 16. Humane Treatment when deprived of liberty. 
(a.) 
Anyone deprived of liberty must be treated humanely and with 
respect for the inherent dignity of the human person. 
4 


(b.) 
An accused person must be segregated from convicted people. 
Section17. Fair Trial. Everyone has the right to have criminal charges, and 
rights and obligations recognized by law, decided by a competent, independent 
and impartial court or tribunal after a fair and public hearing. The press and the 
public may be excluded from all or part of a trial- 
To protect morals or public order; 
If the interest of the private lives of the parties require the 
exclusion; or 
If, and to the extent that, exclusion is strictly necessary, in special 
circumstances of the case, because publicity would otherwise 
prejudice the interests of justice. 
Compensation for wrongful conviction. (1.) This section applies 
Anyone is convicted by a final decision of a criminal offense; and 
The person suffers punishment because of the conviction; and 
The conviction is reversed, or he or she is pardoned, on the ground 
that a new or newly discovered fact shows conclusively that there 
has been a miscarriage of justice. 
(2.) 
If this section applies, the person wrongfully convicted shall be 
compensated according to law. 
Section 19. Right not to be tried or punished more than once. No one may be 
tried or punished for an offense for which he has already been finally convicted 
or acquitted in accordance with law. 
Section20. Retrospective criminal laws. No one shall be held guilty of a 
criminal offense because of a conduct that was not criminal under existing laws 
when it was committed. 
Section 21. Freedom from forced work. 
(a.) 
(b.) 
No one shall be held in slavery or involuntary servitude; and 
No one shall be made to perform forced or compulsory labor. 
Section 22. Rights of Indigenous, Religious or Linguistic Groups. Any one 
who belongs to an indigenous, religious or linguistic group shall not be denied of 
his right to his culture, to declare and practice his religion and to use his own 
language. 
5 


CHAPTER IV 
STRENGTHENING THE ORGANIZATION AND EXPANDING THE 
FUNCTIONS OF THE COMMISSION ON HUMAN RIGHTS 
Section 23. Composition of the Commission on Human Rights. - The strict 
application, enforcement and monitoring of the rights provided for in Chapter 111 
of this Act shall be vested in the Commission on Human Rights. The 
Commission on Human Rights shall be composed of a Chairperson and four 
Members who must be natural-born citizens of the Philippines, at least thirty 
years of age, holders of a college degree, of proven independence, integrity and 
competence, and have been consistently been involved in human rights 
promotion and protection activities. 
The Chairperson and two Members of the Commission shall be members of the 
Philippine Bar whose field of expertise and practice is human rights law. 
At least one member of the Commission shall come from a Non-government 
organization whose advocacy is in the field of human rights, 
No candidate in any election shall, within one year after such election, be 
appointed Chairperson or Member. 
In choosing the composition of the Commission, regional and cultural diversity 
as well as gender balance shall be taken into consideration. The choice of 
membership will give primordial consideration to independence and pluralism 
of the Commission’s composition. 
@) The Chairperson and the Members shall be appointed by the President with 
the consent of the Commission on Appointments for a term of seven years 
without reappointment. Appointment to any vacancy shall be only for the 
unexpired portion of the term of the predecessor. In no case shall any Member 
be appointed or designated in a temporary or acting capacity. 
(c) The Chairperson and the Members shall not, during their tenure, hold any 
office or employment. Neither shall they engage in the practice of any profession 
or in the active management or control of any business which in any way may be 
affected by the functions of their office, nor shall they be financially interested, 
directly or indirectly, in any contract with, or in any franchise or privilege 
granted by, the Government, any of 
its subdivisions, agencies, or 
instrumentalities, including government owned or controlled corporations or 
their subsidiaries. 
6 


Section 24. Powers and Functions. - The Commission shall have the following 
powers and functions: 
(a) Investigate, on its own or on complaint by any party, all forms of human 
rights violations involving civil and political rights; 
(b) Upon finding of probable cause, prosecute human rights violations in 
involving civil and political rights in the appropriate Regional Trial Court 
and if needed appeal decisions in the appropriate appellate court; 
(c) To submit to the executive, the legislative department and any other 
competent body, on advisory basis either at the request of the authorities 
concerned or through the exercise of its power to hear a matter without 
higher referral, opinions, recommendations, proposals and reports on any 
matters concerning the protection and promotion of human rights. The 
Commission shall publicize these. 
These opinions, recommendations, 
proposals and reports, as well as any prerogative of the Commission, shall 
relate to the following areas: 
(ii) 
(iii) 
(iv) 
Any legislative or administrative provisions, as well 
as provision relating to judicial organization, 
intended to preserve and extend the protection of 
human rights. In that connection, the Commission 
shall examine the legislation and administrative 
provisions in force, as well as bills and proposals, 
and shall make such recommendations as it deems 
appropriate in order to ensure that these provisions 
conform to the fundamental principles of human 
rights. 
It shall, if necessary, recommend the 
adoption of new legislation, the amendment of 
legislation in force and the adoption or amendment 
of administrative measures; 
Any situation on human rights which it decides to 
take up; 
The preparation of reports on the national situation 
with regard to human rights in general, and on 
more specific matters; 
Drawing the attention to the government to 
situations in any part of the country where human 
rights are violated and making proposals to it for 
initiatives to put an end to such situations and, 
where necessary, expressing an opinion on the 
positions and reactions of the government. 
(d) To promote and ensure the harmonization of national legislation, regulations 
and practices with the international rights instruments to which the State is a 
party, and their effective implementation; 
(e) To contribute to the reports which States are required to submit to the United 
Nations treaty bodies and committees pursuant to the treaty obligations of 
the Philippines, where necessary, to express an opinion on the subject, with 
due respect for their independence; 


(f) To encourage ratification or accession of human rights and humanitarian law 
instruments, and to ensure their implementation; 
(8) To cooperate with the United Nations and any other agency in the United 
Nations system, the regional institutions of other countries which are 
competent in the areas of the protection and protection of human rights; 
(h) Adopt its operations guidelines and rules of procedure, and cite for contempt 
violations thereof in accordance with the Rules of Court; 
(i) Provide appropriate legal measures for the protection of human rights of all 
persons within the Philippines, as well as Filipinos residing abroad, and 
provide for preventive measures and legal aid services to the underprivileged 
whose human rights have been violated or need protection; 
(j) Exercise visitorial powers over jails, prisons or detention facilities; 
(k) Establish a continuing program of research, education, and information to 
enhance respect for the primacy of human rights; 
(1) Recommend to the Congress effective measures to promote human rights and 
to provide for compensation to victims of violations of human rights or their 
families; 
(m)Grant immunity from prosecution to any person whose testimony or whose 
possession of documents or other evidence is necessary or convenient to 
determine the truth in any investigation conducted by it or under its 
authority; 
(n) Request the assistance of any department, bureau, office or agency in the 
performance of its functions; 
(0) 
Appoint its officers and employees in accordance with law; 
(p) Act as the principal office that shall undertake and monitor the peace process 
with parties in conflict with the Government of the Republic and intervene in 
conflict areas by ensuring that both the government forces and the armed 
groups are strictly adhering to the Geneva Conventions and its applicable 
Protocols should there be no existing human rights and humanitarian law 
agreement between the warring parties; and 
(4) Perform such other duties and functions as may be provided by law. 
Section 25. Structural Organization. - The Commission shall have the following 
l i e  and staff offices: 
(a) Office of the Executive Director. - This Office shall be responsible for 
managing the day-to-day affairs, activities and operation of the 
Commission, in accordance with its policies and instructions; it shall have 
general supervision over all line and staff offices, regional offices, and 
personnel; and it shall perform such other duties and functions as the 
Commission may assign to it. 
It shall be headed by an Executive Director appointed by the President 
with the consent of the Commission on Appointments, who shall be a 
member of the Philippine Bar with proven integrity and competence and 
has been in the actual practice of law for at least five years prior to his 
appointment and has consistently been involved in human rights 
8 


protection and promotion activities. He shall have the rank and salary of 
a department undersecretary. 
@) Education, Training and Information Office. - 
This Office shall 
implement the programs for research, education, and information to 
enhance respect for human rights, particularly the education and training 
programs provided in Section 24 of this Act, and perform such other 
duties and functions as the Commission may assign to it. 
It shall be headed by a Director appointed by the President with the 
consent of the Commission on Appointments, who shall be a holder of a 
college degree in education, mass communication, or in a related field, 
with proven integrity and competence and has been in the actual practice 
of his profession for at least five years prior to his appointment or has 
held during like period any position in the Government requiring the 
qualifications of his profession, and has consistently been involved in 
human rights promotion and protection activities. He shall have the rank 
and salary of an Assistant Secretary. 
(c) Legal Office. - This Office shall investigate complaints of human rights 
violations; conduct preliminary investigation to determine the existence 
of a prima facie case for possible prosecution; provide other legal services 
to the Commission; provide legal aid services to victims of human rights 
violations; conduct periodic visits to the national penitentiary and penal 
colonies, detention facilities, and provincial, city or municipal jails; and 
perform such other duties and functions as the Commission may assign to 
it. 
It shall be headed by a Director appointed by the President with the 
consent of the Commission on Appointments, who shall be a member of 
the Philippine Bar with proven integrity and competence and has been in 
the actual practice of law for at least five years prior to his appointment 
and has been consistently involved in human rights protection and 
promotion activities. He shall have the rank and salary of an Assistant 
Secretary. 
(d) Prosecution Office. -This Office shall serve as the prosecution arm of the 
Commission. 
It shall assist the Commission in the prosecution of 
violations of human rights, as provided in Section 24 of this Act, and 
perform such other duties and functions as the Commission may assign to 
it. It shall be composed of fifteen Human Rights Prosecutors appointed 
by the President with the consent of the Commission on Appointments, 
who shall be members of the Philippine Bar with proven integrity and 
competence and have been in the actual practice of law for at least five 
years prior to their appointment and have been consistently involved in 
9 


the human rights protection and promotion activities. They shall have 
the rank and salary of Senior State Prosecutors. 
The Commission shall assign one Human Rights Prosecutor in each 
administrative region. This Office shall be headed by the Chief Human 
Rights Prosecutor appointed by the President with the consent of the 
Commission on Appointments, who shall have the qualifications, rank 
and salary of the Director of the Legal Office. 
(e) Regional Offices. - 
The Commission shall establish and maintain a 
regional office in each of the administrative regions, which shall exercise 
the powers and perform the functions of the Commission in the provinces, 
cities and municipalities, and barangays in the region, and perform such 
other duties and functions as the Commission may assign to regional 
offices. It shall be headed by a Regional Director appointed by the 
President with the consent of the Commission on Appointments, who 
shall be a holder of a college degree with proven integrity and 
competence, and has consistently been involved in human rights 
protection and promotion activities. 
He shall have the rank and salary of an Assistant Secretary. 
Human rights promotion officers in all departments, bureau, offices, 
agencies, subdivisions and instrumentalities of the Government including 
government owned or controlled corporations, who shall be chosen on the 
basis of their education, training and experience, and attitude on human 
rights, upon the recommendations of their office heads. They shall 
coordinate the activities of human rights advocates; participate in human 
rights research, education and training, and information programs, 
projects and activities; protect and promote human rights and encourage 
respect for human dignity; monitor reports of human rights violations; 
and perform such other duties as the Commission or the Regional Director 
may assign to them from time to time. All human rights promotion 
officers shall undergo orientation and training on human rights before 
entering upon the performance of their duties. 
(f) Education and Training Programs. - 
(i) 
At every level of formal education, the Department of Education, in 
coordination with the Commission, shall require the private and 
public schools, including State colleges and universities, to offer 
courses designed to inculcate in the minds and hearts of the youth 
the need to respect human dignity and to protect and promote 
human rights. Similar courses shall likewise be included in the 
non-formal education program. 
The Civil Service Commission, the Civil Service Academy, and the 
Development Academy of the Philippines, in coordination with the 
Commission, shall include a course design on human rights in their 
(ii) 
10 


training programs for civil service officers and employees and for 
Career Executive Officers, 
The Department of National Defense, the Armed Forces of the 
Philippines, the National Defense College, and the Philippine 
Military Academy and other military training schools, in 
coordination with the Commission, shall include the study of 
human rights in their programs for the education and training of aII 
military officers and enlisted men, in the reserve or active service, 
especially of arresting or investigating officers and agents, prison or 
jail guards, and other personnel assigned to the national 
penitentiary or penal colonies, detention facilities, and prisons or 
jails. 
The Philippine National Police, the National Police Academy of the 
Philippines, the National Police Commission, and the provinces, 
cities, and municipalities, in coordination with the Commission, 
shall include the study of human rights in their programs for the 
education and training of police officers, policemen and firemen, 
jail or prison guards, and other personnel in charge of or assigned 
to the national penitentiary or penal colonies, detention facilities, 
and provincial, city or municipal jails, and private security guards 
(blue guards), as the case may be. 
The Department of Justice particularly the National Prosecution 
Service, the National Bureau of Investigation, the Bureau of 
Prisons, the Bureau of Immigration and Deportation, the Public 
Attorney's Office, and the Office of the Ombudsman and the Office 
of the Special Prosecutor, in coordination with the Commission, 
shall include the study of human rights in their programs for the 
training and investigating or arresting officers or agents, jail or 
prison guards, and other personnel in charge of or assigned to the 
national penitentiary and penal colonies, detention facilities, and 
provincial, city or municipal jails. 
The Department of Finance particularly the Bureau of Customs, 
the Bureau of InternaI Revenue, and the Finance Intelligence and 
Investigation Bureau, and other agenaes or offices whose agents 
are authorized to conduct investigations and make arrests, shall, in 
coordination with the Commission, include the study of human 
rights in their programs for the training of investigating or 
arresting officers and agents, and personnei in charge of detention 
facilities. 
The Supreme Court through its Philippine Judicial Academy 
(PHILJA) in coordination with the Commission shall include 
lectures on human rights in its career development program for 
judges and court personnel. 
The Commission shall, in coordination with the commissions, 
departments, bureaus, and local governments concerned, conduct 
seminars on human rights for detention and convicted prisoners 
and inmates of the national penitentiary and penal colonies, 
11 


detention facilities, and provincial, city and municipal jails, at least 
once a year for each of those facilities. 
The education and training programs herein prescribed, among 
others, the teaching or lectures on the following subjects: 
(aa) Bill of Rights and other provisions of the Constitution on 
human rights; 
(bb) Crimes against the fundamental laws of the State, offenses or 
irregularities of public officers, and crimes against personal 
liberty; 
Offenses punished in special penal laws, including that 
committed by any public officer or employee or anyone 
acting under his orders or in his place, who shall obstruct, 
prohibit, or otherwise prevent an attorney entitled to 
practice in the courts of the Philippines from visiting and 
conferring privately with a person arrested (R.A. 857, as 
amended); 
Provision of the Administrative Code directing the Bureau 
of Prisons to supply a national prisoner, upon his release, 
with transportation to his home including a gratuity to cover 
the probable cost of subsistence in route, and a set of clothes; 
(ee) 
Human Relations provisions of the New Civil Code 
providing that any person suffering material or moral loss 
because a public servant or employee refuses or neglects, 
without just cause, to perform his official duty may file an 
action for damages and other relief against he latter, without 
prejudice to any disciplinary administrative action that may 
be taken (Article 27); or providing that any public officer or 
employee, or any private individual, who directly or 
indirectly obstructs, defeats, violates or in any manner 
impedes or impairs any of the civil and political rights and 
liberties of another person shall be liable to the latter for 
damages (Article 32); or providing that when a member of a 
city or municipal police force refuses or fails to render aid or 
protection to any person in case of danger to life of property, 
such peace officer shall be primarily liable for damages, and 
the city or municipality shall be subsidiarily responsible 
therefore (Article 34); 
(ff) 
Rules for the treatment of prisoners provided in the 
Department of Justice Manual on the general rules, policies 
and operating procedures adhered to in the prison service; 
and 
The Universal Declaration of Human Rights and the other 
human rights treaties and conventions that the Philippines 
has ratified but not limited to: International Covenant on 
Civil and Political Rights (1986); International Covenant on 
Economic, Social and Cultural Rights (1974); International 
Convention on the Elimination of All Forms of Racial 
Discrimination (1967); Convention on the Elimination of All 
(ix) 
(cc) 
(dd) 
(gg) 
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Forms of Discrimination against Women(l981); Convention 
against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (1987); Convention on the Rights 
of the Child (1990); and the International Convention on the 
Protection of the Rights of All Migrant Workers and 
Members of Their Families (1995). 
The Commission shall avail of the facilities and services of the 
Philippine Information Agency (PIA), National Printing Office, and 
other government information agencies in the preparation, 
publication or reproduction of education and training materials, 
and in the dissemination of information on human rights. 
The completion of the education or training program herein 
prescribed shall be considered by the appointing authority and the 
Civil Service Commission in the appointment or promotion of said 
officers, agents, jail or prison guards, and other personnel, or in 
their continuance in the service if they are temporary or casual 
employees. 
(x) 
(xi) 
Section 26. Investigation and Prosecution of Human Rights Violations. - 
(a) The Commission shall investigate all violations of human rights, whether 
or not they constitute any crime or offense, including violations of human 
rights recognized in the Universal Declaration of Human Rights and the 
following human rights treaties: International Covenant on Civil and 
Political Rights (1986); International Covenant on Economic, Social and 
Cultural Rights (1974); International Convention on the Elimination of All 
Forms of Racial Discrimination (1967); Convention on the Elimination of 
All Forms of Discrimination against Women( 1981); Convention against 
Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (1987); Convention on the Rights of the Child (1990); and the 
International Convention on the Protection of the Rights of All Migrant 
Workers and Members of Their Families (1995). 
@) Where a violation of human rights constitutes any of the crimes against 
the fundamental law of the State, or offenses or irregularities of public 
officers, or crimes against personal liberty, defined and punished in the 
Revised Penal Code, including but not limited to arbitrary detention (Art. 
124), delay in the delivery of detained persons to the proper judicial 
authorities (Art. 125), delaying release (Art. 126), expulsion (Art. 127), 
violation of domicile (Art. 128), search warrants maliciously obtained and 
abuse in the service of those legally obtained (Art. 129), searching domicile 
without witnesses (Art. 130), prohibition, interruption, an dissolution of 
peaceful meetings (Art. 131 and BP 880), maltreatment of prisoners (Art. 
235), abuses against chastity (Art. 245), kidnapping and serious illegal 
detention (Art. 267), slight illegal detention (Art. 2681, and unlawful arrest 
(Art. 269), or where such violation constitutes any of the offenses 
punished by special laws, including Republic Act No. 857, as amended, 
punishing any public officer or employee or anyone acting under his 
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orders or in his place, who shall obstruct, prohibit, or otherwise prevent a 
lawyer entitled to practice in the courts of the Philippines from visiting or 
conferring privately with a person arrested, and the complaint therefore is 
filed with the Commission or any of its duly authorized representative 
shall conduct a preliminary investigation thereof and, upon its finding of 
the existence of a prima facie case, the Commission shall direct its 
Prosecution Office to file the necessary information with the proper civil 
court, regardless of whether or not the accused is in the military or police 
service. 
The resolution of said representative dismissing the said 
complaint shall be appeallable to the Commission within 15 days after 
receipt thereof by the Complainant. The Commission shall resolve such 
appeal within 15 days after receipt thereof. 
(c) Where a complaint for any violation of human rights, described in the 
next preceding paragraph, is first filed with the Commission or with any 
of its duly authorized representatives, the Commission shall have the sole 
authority to investigate and prosecute the same. 
(d)Where the Commission prosecutes any of the crimes and offenses 
specified in paragraph 0.) hereof, it shall likewise have the authority to 
prosecute all other crimes and offenses committed in connection therewith 
or on the occasion thereof. The conduct of such prosecution shall be under 
the direction and control of the Commission. 
(e) Pertinent provisions of the Rules of Court particularly Rules 110,111, and 
112 shall govern the prosecution of offenses and civil action, and the 
preliminary investigation conducted by the Commission or its duly 
authorized representatives. 
Section 27. Human Rights Clearance. - All public officers and their agents are 
not eligible for promotion and appointment unless they obtain a human rights 
clearance from the Commission. 
No person who has been convicted of a human rights violation or who has a 
pending case before any Court constituting a human rights violation will be 
given a human rights clearance by the Commission. 
Section 28. 
Appropriations. - The approved annual appropriations of the 
Commission shall be automatically and regularly released. In addition to the 
appropriations for the Commission in the current calendar year’s General 
Appropriations Act, such sum as shall be necessary to implement the provisions 
of this Acts shall be included in the General Appropriations Act for the ensuing 
calendar year. 
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CHAPTER V 
GENERAL PROVISIONS 
Section 29. 
the power to issue rules and regulations to implement this Act. 
Implementing Rules and Regulations. The Commission shall have 
Section 30. Congressional Oversight. A special congressional oversight on 
human rights and human security shall be created by Congress to exercise 
oversight functions over the implementation of this Act. 
Section 31. Repealing Clause. 
All other laws, decrees, executive orders, 
proclamations, and administrative regulations inconsistent with the provisions of 
this Act are hereby amended, modified or repealed accordingly. 
Section 32. Separability Clause. In the event that, any provision of this Act is 
declared unconstitutional, such declaration shall not affect the validity of the 
other provisions. 
Section 33. 
complete publication in a newspaper of general circulation. 
Effectivity Clause. This Act shall take effect fifteen days after its 
APPROVED. 
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