EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
o f tl)c  S ^ r r r r f n ip
*19 JUL-2 PI 33
INTRODUCED BY SENATOR LEILA M. DE LIMA
AN ACT
S 
I RENGTHENING THE COMMISSION ON HUMAN RIGHTS OF THE 
PHILIPPINES AS THE NATIONAL HUMAN RIGHTS INSTIT UTION, AND
FOR OTHER PURPOSES
EXPIANATORY NOTE
It is a declared policy of the State to promote, protect and uphold human rights 
as mandated by Article XIII, Section i of the Constitution, which reads:
Section i. The Congress shall give highest priority to the enactment of the 
measures that protect and enhance the right of all the people to human 
dignity, reduce social, economic, and political inequalities, and remove 
cultural inequities by equitably diffusing wealth and political power for the 
common good.
Harmonious to this State Policy, the 1987 Constitution established the 
Commission on Human Rights (CHR), later enacted into law by virtue of Executive 
Order no. 163, with the mandate to promote and protect human rights of all Filipinos 
including those overseas. Specific powers and functions of the CHR are set forth in 
Article XVIII on Social Justice and Human Rights. These include the core functions of 
investigation, monitoring, and education.
As a constitutional creation, the CHR is the national human rights institution 
(NHRI) of the Philippines. As such, it performs the important role of linking human 
rights norms, international in character, to the level of domestic implementation. 
Through its advisory function as NHRI, as outlined in the United Nations Principles 
on the Status of National Human Rights Institution, it can issue recommendations 
and guidelines on the implementation of commitments of the Philippines in treaties it 
has ratified including their Optional Protocols. For example, the Philippines is State 
Party to the United Nations Convention on the Elimination of all forms of
1


Discrimination Against Women (CEDAW). This treaty provides for the application of 
all human rights equally to women and identifies the measures by which it shall be 
complied with. The CHR has developed Ad\isories on various issues and thematic 
concerns covered by the CEDAW, and these include the passage of then Reproductive 
Health Bill, including the wearing of Hijab1 which was lauded by both the Philippine 
Commission on Women2 * 4 and the Department of Foreign Affairs for addressing 
deeply entrenched religious prejudices in society.
The CHR has consistently worked towards the better understanding of UN 
Special Procedures and the importance of Optional Protocols. In 2012, the CHR has 
participated in the Country Inquiry of the Committee on the Elimination of 
Discrimination Against Women on Manila’s EO No. 003. It has also engaged with 
the Special Rapporteur on Trafficking Against Persons, presenting its work with the 
Southeast Asia NHRI Forum.
Over the years, the CHR has proven its exemplary work as a cornerstone of 
human rights in the country. This has been affirmed by the Supreme Court itself in 
Edita T. Burgos v. Gen. Hermogenes Esperon et.al, whereby the Court expressly 
commended the efforts of CHR in the investigation of the disappearance of Jonas 
Joseph Burgos. The ruling provides, ‘l[i]n the present case, while Jonas remains 
missing, the series of calculated directives issued by the Court outlined above and 
the extraordinary diligence the CHR demonstrated in its investigations resulted in 
the criminal prosecution of Lt. Baliaga. x x x”3 The CHR has also made submissions 
in cases pertaining to discrimination of sectoral minorities as for example, 
individuals with diverse sexual orientation and gender identity. Recently, it has also 
made submissions on the issue of citizenship of foundlings, underscoring the best 
interest of the child principle of the UN Convention on the Rights of the Child.
In addition to the Constitution and E.O. No. 163, various laws were later 
enacted granting additional special mandates to the CHR. Currently, there are eight 
(8) such laws4. Foremost of these are R.A. No. 9710 or the Magna Carta of Women
1
See CHR Advisory number 2013-002 issued on August 8, 2013.
2 
See <http:/ /pcw.gov.ph/arbcle/muslim-women-are-now-tree-wear-'*.F2%Hn%98hiiabs%F2%8fl%99-schools- 
gov%F2%80%99t-institutions<hr>. 17 October 2016.
See <http://www.lawphil.net/judjuris/iuri2014/feb2014/gr 178497 2014.html>. 17October 2016.
4
Repubhc Act No. 9710, Magna Carta of Women; Repubhc Act No. 9344 or the Juvenile Justice and Welfare Act of 2006; 
RepubUc Act No. 9262 or the Anti-Violence Against Women and their Children Act of 2004; Repubhc Act No. 9208 or the Ani- 
trafficking in Persons Act of 2003; RepubUc Act No.9745 or the Anti-torture Act of 2009; Repubhc Act No. 9372 or the Human 
Security Act of 2007; Repubhc Act No. 9851 or the Philippine Act on Crimes Against Intemahonal Humanitarian Law,
2


Act 0/2009 which delegates to CHR the powers of Gender Ombud, and R.A. No. 9344 
or the Juvenile Justice and Welfare Act of 2006 which names the CHR as Child 
Ombudsman.
The work and accomplishments of the CHR, thus far, cannot be fully presented 
in this explanatory note. With almost thirty (30) years in existence, the CHR has served 
countless Filipinos through its programs and services. Notwithstanding these 
accomplishments, the CHR also has to occasionally address institutional challenges in 
terms of resources and extent of its mandate.
It is worth nothing that the need to strengthen the CHR is often raised in 
important forums domestic and overseas. In its consideration of the 2016 Philippine 
State Report, the United Nations (UN) Committee on Economic Social Cultural Rights 
made the following recommendation for the CHR, viz.: “[t]he Committee urges the 
State party to expedite the discussion and adoption of the Commission on Human 
Rights Charter (Senate Bill No. 2818 for an Act Strengthening the Functional and 
Structural Organization of the Commission on Human Rights and for Other 
Purposes) to ensure full compliance with the Paris Principles on national institutions 
for the promotion and protection of human rights.”^
In recent proceedings, other UN bodies have also spoken on the need to 
strengthen the CHR as an organization. In its 2014 Report on 2012 country Inquiry of 
the Philippines regarding Executive Order No. 003 on Family Planning by then Manila 
City Mayor Lito Atienza, the Committee on Elimination of All Forms of Discrimination 
Against Women, made the recommendation for the CHR, viz.: “...provide the 
Commission with adequate financial, human and technical resources to ensure that 
it can effectively discharge its current and additional functions; and take all 
necessary measures to ensure its full financial autonomy.”5 6 Likewise, the UN 
Committee on the Rights of the Child, in its review of the Philippines’ 3rd and 4th 
combined reports, included the following recommendation in its Concluding 
Observations, viz.: “The Committee also recommends that the State party support the 
prompt passing of the CHRP Charter that is awaiting approval by Congress to
Genodde, and Other Crimes Against Humanity; Republic Act No. 10368, or the Human Rights Victims Reparation cmd 
Recognition Act of 2013.
5 
See E/C.12/PHL/CO/5.6 (07 October 2016), avaUable at
<http://tbintemetohchr.org/ layouts/treatvbodvextemal/Download.aspx?svmboLno=E%2fC.12%2fPHL%2fCO%2f5- 
6&Lang=en>, 19 October 2016.
6 
See CEDAW/C/OP.8/PHL/1, available at
<h ttp://www.ohchr.org/nnnimprits/lssues/Women/WT/GS/Philippines inquiry.pdf>,19 October 2016.
3


strengthen the protection and promotion of children’s rights.”^ Finally, in the last 
Universal Periodic Review of the UN Human Rights Council for the 2nd cycle reporting 
of the Philippines, the following recommendations were made by foreign governments 
viz.: “Further consolidate its national human rights infrastructure, including support 
to the Commission on Human Rights (Egvpt); Continue to improve its capacity to 
uphold human rights, including by increasing the Commission on Human Rights’ 
(CHR) fiscal autonomy and organizational capacity, as well as further efforts to 
prevent human rights violations by Armed Forces of the Philippines and Philippines 
National Police personnel (Australia); Continue the work to build-up the capacity in 
the area of human rights protection, including through strengthening the national 
human rights institution (Russian Federation); Intensify the efforts and measures to 
consolidate the state of law and its national mechanisms on human rights (Viet 
Nam)”.* 8
To empower the CHR as an institution through a Charter will therefore not only 
reinforce the recommendations and recognition of its contribution to safeguard 
fundamental rights and freedom but will serv'e the higher purpose of 
institutionalization of treaty commitments by the Philippine government.
It is not uncommon that popular opinion may not fully appreciate the status of 
the CHR as the highest government machinery in the protection of human rights. The 
CHR is a partner of security forces in human rights education, the legislative 
department in rights-based approach to law-making, the judiciary in evolving 
breaches of human security through enforced disappearance, and intermediary 
between government and civil society. The CHR Charter will help bridge the 
disconnect betwreen the unpopular opinion against human rights defenders and the 
importance of the role the CHR plays in our modern society.
In view of the foregoing, early approval of this measure is earnestly sought.
LEILA M. DE LIMA
See CRC/C/PHL/C03-4 (22 October 2009), available at <http://vvww.bavefskv.eom//pdf/philippiTiPs t4 cre 5Zpdf>. 
19 October 2016.
8 
See A/HRC/21/1Z


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
-cw' iRfiiir oi tijf »c(rrMrj>
'19 JUL-2 PI :33
S. No.
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
STRENGTHENING THE COMMISSION ON HUMAN RIGHTS OF THE 
PHILIPPINES AS THE NATIONAL HUMAN RIGHTS INSTITUT ION, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress Assembled:
1 
Section i. Short Title. - This Act shall be known as the "Commission on
2 
Human Rights Act of 2019”.
3 
Sec. 2. State Policy on Human Rights. - The State values the dignity of every
4 
human person and guarantees full respect for human rights without distinction of
5 
any kind, such as race, colour, sex, language, religion, political or other opinion,
6 
national or social origin, property, birth or other status.
7 
Sec. 3. Definition of Human Rights. - Human rights are the supreme,
8 
inherent, and inalienable rights to life, dignity, and self- development. It is the
9 
essence of these rights that makes a person human. These rights include those
10 
guaranteed and recognized by the Philippine Constitution, other domestic laws and
11 
international instruments such as the Universal Declaration of Human Rights, and
12 
treaties to which the Philippines is a state party.
13 
TITLE I. NATURE OF THE COMMISSION
14 
Sec. 4. The Commission as an Independent Office. - The Commission on
15 
Human Rights is an independent constitutional body. It is the national human rights
16 
institution of the Philippines in accordance with the United Nations Principles
17 
Relating to the Status of National Institutions ("The Paris Principles") and other
18 
United Nations' Resolutions and Instruments pertaining to the effective functioning
19 
of national human rights institutions.
1


1 
Sec. 5. The Commission shall enjoy full fiscal autonomy and its approved
2 
annual appropriations of the Commission shall be automatically and regularly
3 
released.
4 
A. CHAIRPERSON AND MEMBERS
5 
Sec. 6. The Commission, Composition, and Qualifications. — The Commission
6 
shall be a collegial body composed of a Chairperson and four (4) Commissioners who
7 
shall possess the following qualifications:
8 
a. Must be natural-born citizens of the Philippines;
9 
b. Must be at least thirty-five (35) years of age at the time of their
10 
appointment, with proven integrity and competence;
11 
c. Must have a deep and comprehensive understanding and knowledge of, as
12 
well as practical experience, on human rights protection, promotion and
13 
advocacy;
14 
d. Majority of whom must be members of the Philippine Bar, who have been
15 
engaged in the practice of law for at least ten (10) years;
16 
e. Must not have been a candidate, including as party-list nominee, for any
17 
elective position in any national or local election, except barangay
18 
elections, immediately preceding his or her appointment;
19 
f. For non-lawyers, must have at least ten (10) years of professional
20 
experience in human rights; and
21 
g. Composition 
must observe 
equal 
gender balance 
and 
sectoral
22 
representation.
23 
Sec. 7. Application, Nomination, Appointinent and Term of Office. - The
24 
Chairperson and Commissioners shall be appointed by the President for a term of
25 
seven (7) years without re-appointment. Appointees shall be chosen either from the
26 
list of shortlisted candidates who either applied for the position or nominated by at
27 
least two (2) civil society organizations comprised solely of Filipinos. Shortlisting
28 
shall be undertaken through the process of assessment of qualifications and public
29 
interview.


1 
Of those first appointed under this Act, the Chairperson shall hold office for
2 
seven (7) years, two (2) Commissioners for five (5) years and the other two (2)
3 
Commissioners for three (3) years. The term of the Chairperson and Commissioners
4 
of the Commission shall start on the day immediately after the end of the previous
5 
term, regardless of the date of appointment. In no case shall any Chairperson or
6 
Commissioner be appointed, re-appointed, or designated in a temporary or acting
7 
capacity. Appointment to any vacancy occurring during the term shall be only for the
8 
remaining portion of said term.
9 
Sec. 8. Removal From Office. — The Chairperson and Members of the
10 
Commission may be removed from office on any of the following grounds:
11 
a. Disloyalty to the Republic of the Philippines;
12 
b. Culpable violation of the Constitution;
13 
c. Bribery or graft and corruption, other high crimes, or betrayal of public trust;
14 
d. Dishonesty, misconduct in office, gross negligence, or dereliction of duty;
15 
e. Commission of any offense involving moral turpitude or an offense punishable
16 
by imprisonment of more than 6 years;
17 
f. Abuse of governmental authority; and
18 
g. Acts that constitute gender based discrimination, violence against women,
19 
including sexual harassment irrespective of sexual orientation and gender
20 
identity of the Commission official or that of his or her victim.
21 
The proceedings for removal shall be initiated by filing a verified complaint
22 
with the Office of the Ombudsman stating the grounds therefor and alleging the
23 
ultimate facts upon which the complaint is based. If the Office of the Ombudsman
24 
finds the complaint sufficient in form and substance, it shall file a petition for
25 
removal from office before the Sandiganbayan.
26 
The Sandiganbayan shall have original and exclusive jurisdiction over
27 
petitions for removal from office for the members of the Commission.
28 
Sec. 
9. Prohibition and Disqualification. - The Chairperson and
29 
Commissioners of the Commission shall not, during their tenure, hold any other
30 
office or employment.


1 
Neither shall they engage in the practice of any profession or in the active
2 
management or control of any business, which in any way may be affected by the
3 
functions of their office, nor shall they be financially interested, directly or indirectly,
4 
in any contract with, or in any franchise or privilege, granted by the Government and
5 
its subdivisions, agencies, or instrumentalities, including government-owned or
6 
controlled corporations or their subsidiaries. They shall avoid conflict of interest in
7 
the conduct of their office.
8 
No spouse, common-law partner, or relative by consanguinity or affinity
9 
within the fourth civil degree, and no business or professional partner of the
10 
Chairperson or Commissioners, may appear as counsel or agent, on any matter
11 
pending before the Commission or to transact business directly or indirectly
12 
therewith.
13 
This disqualification shall apply during the tenure of the official concerned.
14 
Sec. 10. Salary, Retirement, and Other Privileges of the Chairperson and
15 
Members. - The Chairperson and Members of the Commission shall receive the same
16 
salary, privileges, and benefits as the Chairperson and Members of tbe Constitutional
17 
Commissions, which shall not be decreased during their term of office. Likewise, they
18 
shall receive the same retirement benefits as those of the Constitutional
19 
Commissions as provided by law.
20 
In case of death of a retired Chairperson or Commissioner, the surviving
21 
legitimate spouse, unless disqualified by law, shall be entitled to receive, on a
22 
monthly basis, all the retirement benefits that the said deceased retiree was receiving
23 
at the time of his/her demise under the provisions of applicable retirement law s.
24 
The said surviving legitimate spouse shall continue to receive such retirement
25 
benefits during his/her lifetime or until he/she remarries. Provided, that if the
26 
surviving legitimate spouse is receiving benefits under existing retirement laws,
27 
he/she shall only be entitled to the difference between the amount provided for
28 
under this Act and the benefits he/she is receiving.
29 
In case of unmarried retirees, the legal heirs shall be those recognized imder
30 
the New Civil Code.
31 
TITLE II. POWERS AND FUNCTIONS
32 
A. GENERAL POWERS AND FUNCTIONS


1 
Sec. 12. General Powers and Functions of the Commission. - The Commission
2 
shall have the following general powers and functions:
3 
a. Investigate, on its own or on complaint by any part>r, all forms of human rights
4 
violations;
5 
b. Adopt its operational guidelines and rules of procedure and cite for contempt
6 
for violations thereof or its lawful orders in accordance with the Rules of
7 
Court;
8 
c. Provide appropriate legal and preventive measures for the protection of
9 
human rights of all persons within the Philippines, especially the
10 
underprivileged, as well as Filipinos residing abroad;
11 
d. Exercise unhampered and unrestrained visitorial powers anytime of the day or
12 
night over jails, prisons, camps, detention facilities, safe houses, and similar
13 
premises;
14 
e. Establish a continuing program of research, education, and information to
15 
enhance respect for the primacy of human rights;
16 
f. Recommend to Congress legislative measures to promote and protect human
17 
rights and to provide for remedies to victims of violations of human rights or
18 
their families;
19 
g. Monitor the Philippine government's compliance with international treaty
20 
obligations on human rights and prepare periodic reports to treaty bodies;
21 
h. Grant immunity from prosecution to any person whose testimony or
22 
possession of documents or other evidence is necessary or convenient to
23 
determine the truth in any investigation conducted by it or under its
24 
authority;
25 
i. Require the assistance of any department, bureau, office, or agency in the
26 
performance of its functions;
27 
j. Establish working relationships with civil society organizations, non-
28 
government organizations, and people's organizations involved in human
29 
rights promotion, protection, and advocacy;
30 
k. Perform its Gender and Child Ombud roles as well as to ensure that the status,
31 
rights, and interests of the marginalized and vulnerable sectors, are upheld in
5


1 
accordance with the Constitution, laws, and international instruments on
2 
human rights;
3 
1. Issue human rights directives, observations, and advisories directed to all
4 
concerned agencies of government for their implementation;
5 
m. Appoint its officers and employees in accordance with lawr; and
6 
n. Perform such other duties and functions as may be provided by law.
7 
B. CHR PROTECTION FUNCTIONS
8 
Sec. 13. Scope of CHR Protection Functions. - The CHR Protection Functions
9 
shall consist of the following:
10 
a. Investigation of Human Rights Violations;
11 
b. Legal and Preventive Measures;
12 
c. Visitation Function;
13 
d. National Preventive Mechanism; and
14 
e. Witness Protection.
15 
Sec. 14. Investigative Powers and Functions. -The Commission shall exercise
16 
primary and original jurisdiction to investigate, upon complaint or on its own, cases
17 
of human rights violations involving civil, political, economic, social, and cultural
18 
rights.
19 
In the exercise of its investigative function, the Commission shall have the
20 
following powers:
21 
a. Act promptly on reports or complaints, filed in any form, by any
22 
person/organization. Findings of human rights violations shall include
23 
recommendations for appropriate remedies, and referral to proper
24 
government agencies for the filing of administrative, criminal, or civil
25 
actions. The recommendations may include proposals for legislative,
26 
administrative, and judicial reforms.
27 
The investigation and other proceedings conducted by any administrative,
28 
judicial, or quasi-judicial bodies shall not bar the investigation by the
29 
Commission of allegations of human rights violations.


1 
Final orders, decisions, or resolutions of the Commission, in the exercise of
2 
its investigative functions, shall be appealed to the Court of Appeals on both
3 
questions of fact and law, or on certiorari to the Supreme Court on
4 
questions of law;
5 
b. In addition to its power to investigate all violations of human rights as
6 
defined in Title II, Section 12 of this Act, the Commission shall have the
7 
power to investigate human rights and international humanitarian law
8 
violations, as provided in pertinent laws, including but not limited to the
9 
provisions of the following:
10 
1. An Act Defining Certain Rights of Persons Arrested, Detained or
11 
Under Custodial Investigation as well as the Duties of the Arresting,
12 
Detaining and Investigating Officers, and Providing Penalties for
13 
Violations Thereof ^Republic Act No. 7438)-,
14 
2. Special Protection of Children Against Abuse, Exploitation, and
15 
Discrimination Act (Republic Act No. 7610);
16 
3. Anti-Violence Against Women and Their Children Act of 2004
17 
(Republic Act No. 9262);
18 
4. Juvenile Justice and Welfare Act of 2006 (Republic Act No. 9344);
19 
5. The Magna Carta of Women (Republic Act No. 9710);
20 
6. Anti-Torture Act of 2009 (Republic Act No. 9745);
21 
7. Anti-Child Pornography Act of 2009 (Republic Act No. 9775);
22 
8. Philippine Act on Crimes Against International Humanitarian Law,
23 
Genocide, and Other Crimes Against Humanity (Republic Act No.
24 
9851);
25 
9. Anti-Enforced or Involuntary Disappearance Act of 2012 (Republic
26 
Act No. 10353);
27 
10. Human Rights Victims Reparation and Recognition Act of 2013
28 
(Republic Act No. 10368);
29 
11. Human Security Act of 2007 (Republic Act No. 9372); and
30 
Such other related laws as may hereafter be enacted.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
c. Compel the attendance of witnesses and the production of evidence, to place 
the witness under oath or affirmation, issue subpoenas, and take testimony 
in any investigation or inquiry;
d. Employ forensic sciences in making findings of human rights violations and 
to assess the physical and mental well-being of living victims as well as to 
exhume and/or autopsy dead victims;
e. Issue invitations, subpoenas, orders, or other processes requesting or 
directing any person to appear, attend and testify at the meeting, forum, 
conference, dialogue, public inquiry, or hearing conducted by the 
Commission, any of its Regional Offices, sub-offices or designated 
Commission officers or committees; and for such person to produce and 
submit records, documents, books, or other things under his/her/their 
possession, control or supervision, and which are relevant to the case/s 
being investigated by the Commission;
f. Issue orders and directives constituting legal and preventive measures, 
provided for under Sections 14 and 15 of this Act, respectively;
g. Establish a witness protection program to provide safety to witnesses as 
well as human rights defenders under threat and safeguard the integrity of 
evidence;
h. Monitor status of implementation/action taken on recommended remedies 
for human rights violations as referred and/or filed with appropriate 
agencies, courts, or any other body;
i. Require the assistance of any officer or employee of any department, 
bureau, office, instrumentality, or government-owned or controlled 
corporations or local government or a district unit therein;
j. Engage the assistance of lawyers or legal aid groups, medical organizations, 
as well as government agencies, in the exercise of its investigative functions;
k. Cite and punish for contempt any person for violations of the Commission’s 
Rules of Procedures and lawful orders. The Rules of Court shall apply 
suppletory to the Rules of the Commission; and


1 
1. Perform such other powers as may be necessary or incidental for the
2 
effective exercise or conduct of its investigative powers.
3 
No restraining order or writ of injunction shall be issued against the
4 
Commission in the performance of its powers and functions, except those issued
5 
by the Court of Appeals or the Supreme Court.
6 
Sec. 15. Scope of Legal and Preventive Measures. -  In all cases under
7 
investigation, the Commission may issue all legal measures as well as provisional
8 
remedies, which shall include, but are not limited to the following:
9 
a. Mandatory Protection Orders (MPOs) directing government security forces
10 
and other government agencies or private institutions to provide specific
11 
protection to victims of and witnesses to human rights violations;
12 
b. Orders directed to government officers and private institutions and
13 
organizations for the purpose of providing protection such as but not limited
14 
to temporary shelter, and security arrangements;
15 
c. Orders directed to government and private lawyers as counsels de officio to
16 
ensure that the human rights of the victim are not further violated in
17 
processes in which they shall participate; and
18 
d. Mediation between parties on issues that can be subject to settlement.
19 
In investigation cases, the Commission may issue preventiv e measures, which
20 
shall include, but are not limited to the following:
21 
a. Injunctive orders to prevent any member of the government's military or
22 
police forces, as well as public officials or employees, or any person acting
23 
under their control and supervision, from concealing, transferring, torturing,
24 
or inflicting injury or abusing a person deprived of liberty.
25 
b. Orders directing the government official or employee, or any person in control
26 
of any places of detention or confinement officials to allow access to persons
27 
deprived of liberty by his/her counsel, physician, psychologist, priest, pastor,
28 
rabbi, imam, or any spiritual adviser and relatives. Places of detention and
29 
confinement shall refer to any physical space, area or structure, whether
30 
moving or stationary, permanent or temporary, where deprivation of liberty is
31 
carried out, and which establishment, operation, and maintenance of the same


1 
is punishable under Section 14(f) of Republic Act N0.9745 (Anti Torture Act of
2 
2009);
3 
c. Orders directing the government official or employee, or any person in control
4 
of any places of detention or confinement to permit the inspection of said
5 
premises;
6 
d. Order the custodian of persons deprived of their liberty to be transferred and
7 
in danger of reprisal or retaliation of the latter’s transfer due to the filing of a
8 
complaint in connection with his/her detention of the alleged victim and to
9 
take immediate measures to secure the safety of said person;
10 
e. Orders restraining/prohibiting the respondent, his unit or command from
11 
entering the immediate vicinity of the affected area or residence and from
12 
searching the victim or his belongings unless in the exercise of a valid search;
13 
and
14 
f. General writs of injunction ordering respondent to refrain from committing
15 
any and all acts that would tend to cause irreparable harm or have the
16 
immediate effect of rendering the investigation of the Commission moot and
17 
academic.
18 
Sec. 17. Referral to Disciplining Authority. -  The Commission shall direct
19 
the disciplining authority to take appropriate action against a public officer or
20 
employee found guilty of committing violations of human rights and recommend his
21 
removal, suspension, demotion, censure, imposition of fine, or prosecution.
22 
For this purpose, every case on which the Commission has rendered a
23 
resolution or recommendation adverse to a public official shall be transmitted to the
24 
head of the department, agency or instrumentality, or of the province, city or
25 
municipality concerned for immediate action, as may be necessary.
26 
In cases where the Commission’s recommendations are not adopted by the
27 
disciplining authority, a written information stating the reasons therefor must be
28 
submitted to the Commission. The failure to report will warrant administrative
29 
charges under Civil Service rules.
30 
Sec. 18. National Preventive Mechanism (NPM). -  In line with its
31 
Constitutional mandate to exercise \isitorial powers over jails, prisons, or detention
10


1 
facilities and to monitor the Government’s compliance with international treaty
2 
obligations on human rights, the Commission shall perform the duties of the
3 
National Preventive Mechanism for the Prevention of Torture.
4 
The Commission shall create a National Preventive Committee to fully implement
5 
its functions as NPM. The members of this Committee shall have a term of two (2)
6 
years and shall perform functions as may be defined by the Commission.
7 
Sec. 19. Powers of the National Preventive Mechanism. - The National
8 
Preventive Mechanism (“NPM”) shall have the following powers:
9 
a. Full access to all information concerning the number of persons deprived of
10 
their liberty in places of detention, as well as the number of places and
11 
location;
12 
b. Full access to all information referring to the treatment of those persons as
13 
well as their conditions of detention;
14 
c. Full access to all places of detention and their installation and facilities;
15 
d. Conduct private inter\news with persons deprived of liberty without witnesses,
16 
either personally or with a translator if deemed necessary, as well as with any
17 
other person who in the discretion of the Board possesses relevant
18 
information;
19 
e. Liberty to choose the places to visit and persons to interview; and when these
20 
should take place;
21 
f. Freedom for its members to be accompanied, if needed, by an expert with
22 
relevant expertise, experience, and knowledge as the Chairperson may
23 
determine, on visits to places of detention; and
24 
g. Determine its own rules and procedures, including its programs of visits.
25 
Sec. 20. Functions of the National Preventive Mechanism. -  The National
26 
Preventive Mechanism (“NPM”) shall have the following functions:
27 
a. Visit places of detention on a regular basis to examine treatment of persons
28 
deprived of liberty with a view to ensuring their protection against torture and
29 
inhuman or degrading treatment of punishment;
11


1 
b. To refer for investigation any complaint made by a detainee with his/her
2 
consent to the Commission on Human Rights proper or the appropriate
3 
investigative agency of government;
4 
c. Make recommendations to the President regarding the improvement of the
5 
treatment and conditions of persons deprived of their liberty in places of
6 
detention;
7 
d. Submit to the President and other relevant authorities proposals and
8 
observations concerning legislation relating to places of detention and the
9 
treatment of persons deprived of their liberty;
10 
e. Work, where appropriate, in cooperation or consultation with any person or
11 
body, whether public or private, in connection with the discharge of any of its
12 
functions under this Act and the Optional Protocol;
13 
f. Maintain direct contact with the Sub-Committee on Prevention to strengthen
14 
the capacity and mandate of the National Preventive Mechanism for the
15 
prevention of torture and other cruel, inhuman, or degrading treatment or
16 
punishment and the protection of persons deprived of liberty;
17 
g. Coordinate and strengthen cooperation with concerned government
18 
authorities on their roles and commitment for the effective and full
19 
implementation of the NPM through constructive dialogue and meaningful
20 
interaction with relevant stakeholders;
21 
h. Publicize information covered by its visitation of the matters mentioned in
22 
paragraphs (a), (b), (c) and (d) hereof, when circumstances so warrant, and
23 
with due prudence: provided, that the NPM under its rules and regulations
24 
may determine what information is confidential and may not be made public:
25 
Provided, further, that any publicit>’ issued by the said Board shall be
26 
balanced, fair, and true. However, the NPM shall not publish personal data
27 
relating to any person without the latter’s express consent; and
28 
i. Publish and disseminate an independent annual report including an annual
29 
budget and expenditures report.
30 
Sec. 21. Confidentiality. -  Information collected by the National Preventive
31 
Mechanism shall be confidential. No personal data shall be published without the
12


1 
express consent of the individual concerned. However, the NPM may share case
2 
reports and studies with Congress for purposes of legislation, provided that the
3 
identities and other pieces of personal information of the persons concerned are
4 
sufficiently concealed.
5 
Sec. 22. Immunity. -  No authority or official shall order, apply, permit, or
6 
tolerate any sanction against any person or organization for having communicated to
7 
the National Preventive Mechanism any information, and no such person or
8 
organization shall be otherwise prejudiced in any way.
9 
Sec. 23. Protection from Criminal Liability. -
10 
a. No criminal, disciplinary', or administrative sanction shall be taken against
11 
any person for having communicated, in good faith, any information to the
12 
NPM or the Subcommittee.
13 
b. Anything done, or purported to be done, in good faith, and in pursuance of
14 
the functions and powers conferred under this Act or in respect of any
15 
publication by or under the authority of the Board of any report,
16 
proceedings or any other matter under this Act shall not be a ground for
17 
action, suit or other legal proceedings against the Board or a member or
18 
officer of the Board
19 
c. Private Legal Assistance. -  The Board Members, Officers and Staff of the
20 
NPM are hereby authorized to engage the services of private lawyers or
21 
extend counsel immediately upon receipt of court notice that a civil or
22 
criminal action, suit or proceeding is filed against them. The lawyer’s fee
23 
shall be part of the indemnification package for the NPM Board Members,
24 
Officers and Staff, subject to the provisions of Section 24 hereof.
25 
Sec. 24. Indemnification of NPM Board Members, Officers, and Staff. —
26 
There shall be an indemnification package for the Board Members, Officers, and
27 
Staff, which may be in the form of free legal assistance, liability insurance, and other
28 
forms of protection and indemnification for all costs and expenses reasonably
29 
incurred by such persons in connection with any civil or criminal action, suit, or
30 
proceeding to which they may be, or have been made a party by reason of the
31 
performance of their functions or duties, unless they are finally adjudged in such
13


1 
action or proceeding to be liable for gross negligence, misconduct or grave abuse of
2 
discretion.
3 
Sec. 25. Imprescriptibility of Human Rights Violations. -  The investigation of
4 
human rights violations shall not be subject to any statute of limitations or
5 
prescriptive period.
6 
Sec. 26. Motu Proprio Dismissal. -  The Commission may dismiss, motu
1 
proprio, a complaint for the investigation of human rights violations on any of the
8 
following grounds:
9 
a. The complaint is outside of the jurisdiction of the Commission;
10 
b. The complaint is trivial, frivolous, vexatious or made in bad faith; or
11 
c. Other lawful grounds as may be determined by the Commission.
12 
The dismissal of complaint is appealable to the Court of Appeals.
13 
Sec. 27. Immunity From Suit. -  The chairperson, members, officers, and
14 
employees of the Commission shall be immune from legal action/s arising from the
15 
performance of his/her duties. However, such immunity shall not cover acts done in
16 
abuse of authority,
17 
Sec. 28. Witness Auxiliary Protection Service. -  In the exercise of its
18 
protection powers, the Commission shall implement and manage an Auxiliary
19 
Witness Protection Service, which consists of, among others, the provisions of
20 
security, shelter, relocation, and livelihood assistance to witnesses and their families.
21 
The initial funding for the Auxiliary Witness Protection Service shall be
22 
allocated for such purposes and shall be included thereafter in the annual regular
23 
appropriations of the Commission.
24 
The funds necessary for the initial implementation of the Auxiliary Witness
25 
Protection Service shall be taken from the current year’s appropriation of the
26 
Commission. Thereafter, the funding requirement shall be included in the annual
27 
General Appropriations Act.
14


1
C. PROMOTION AND ADVOCACY
2 
Sec. 29. Human Rights Education and Advocacy. -  The Commission shall
3 
establish a program of human rights promotion and advocacy through education and
4 
training to enhance respect for the primacy of human rights in coordination with
5 
different agencies of government. It shall likewise administer a Mandatory and
6 
Continuing Human Rights Education Program for the military, police, and other law
7 
enforcement agencies, as well as public school teachers. For this purpose, the
8 
Commission shall develop the components of the Program, accredit course and
9 
training providers, and issue certificates of completion to those who have
10 
successfully completed the Program.
11 
The Commission shall also undertake a Human Rights Education, Advocacy,
12 
and Information Campaign Programs among sectors of civil society, particularly the
13 
vulnerable, marginalized, and underprivileged groups. In conducting this Program,
14 
the Commission shall actively cooperate and coordinate with human rights non-
15 
government 
organizations, 
lawyers' 
groups, 
the 
academe, 
and 
people's
16 
organizations of the concerned sectors of civil society.
17 
It shall also undertake Human Rights Education, Advocacy, and Information
18 
Campaign Programs among sectors of civil society, particularly the vulnerable,
19 
marginalized and underprivileged groups. In conducting this Program, the
20 
Commission shall actively cooperate and coordinate with human rights non-
21 
government organizations, lawyers’ groups, the academe and people’s organizations
22 
of the concerned sectors of civil society.
23 
The Commission shall establish a Human Rights Institute as its research and
24 
training arm for human rights education.
25 
Sec. 30. Coverage of Program. - The Commission shall prescribe the scope
26 
and coverage of education, advocacy, information, and training programs on human
27 
rights.
28 
Sec. 31. Research. - The Commission shall undertake a continuing research
29 
and study on various human rights issues for purposes of education, recommending
30 
policy reforms, as well as administrative and legislative measures of government.
15


1 
Sec. 32. Human Rights Information and Communication. - The Commission
2 
shall develop its information and communication program for the effective
3 
dissemination and advocacy of human rights and international humanitarian law, as
4 
well as other related human rights laws.
5 
D. MONH OIUNG AND POLICY DEVELOPMENT
6 
Sec. 33. Monitoring Powers and Functions. -  In the exercise of its mandate to
7 
monitor the Government’s compliance with its international human rights
8 
obligations, the Commission shall:
9 
a. Monitor and advice government on its responsibilities and obligations under
10 
international human rights treaties to which the Philippines is a signatory;
11 
b. Recommend ratification of, or accession to, international human rights
12 
instruments, and to ensure their implementation;
13 
c. Conduct inquiries on the manner of implementation by the Government of
14 
specific human rights obligations;
15 
d. Request the full cooperation of any public official on the measures undertaken
16 
by his or her agency to comply with the State’s international human rights
17 
obligations; and
18 
e. Enable stakeholders to participate in monitoring human rights treaty
19 
compliance by the Government through consultative processes and similar
20 
forums.
21 
Sec. 34. Monitoring for Legislative and Policy Development. -  The
22 
Commission shall recommend to Congress effective measures to promote human
23 
rights. It shall advise the concerned executive, legislative, and judicial agencies to
24 
ensure conformity of national legislation, policy issuances, and local ordinances with
25 
international human rights instruments.
26 
Sec. 35. Compliance Reports to United Nations Treaty Monitoring Bodies
27 
and Special Procedures. -  In the exercise of its human rights treaty monitoring
28 
function, the Commission shall conduct the following functions, to wit:
29 
a. Advise Government to submit State Reports in compliance with the
30 
reportorial obligations under international human rights treaties cmd to
16


1 
furnish the Commission copies thereof upon submission to the United
2 
Nations and other international bodies;
3 
b. Provide, where necessary, the reports which States are required to submit to
4 
United Nations bodies and committees, and to regional institutions, pursuant
5 
to treaty obligations;
6 
c. As a national human rights institution, the Commission shall have the power
7 
to prepare its own independent reports to the United Nations, or other treaty
8 
bodies and special procedures mechanisms in relation to its monitoring of
9 
government’s compliance with its international human rights obligations;
10 
d. Monitor and follow-up compliance of the recommendations made by the
11 
United Nations’ treaty monitoring bodies and other special procedures
12 
mechanisms;
13 
e. Make the appropriate recommendations to the concerned executive agency
14 
with regard to requests for official visits of United Nations Special
15 
Rapporteurs and other treaty and charter-based mechanisms; and
16 
f. Such other activities as may be necessary in the conduct of its monitoring and
17 
reporting functions as a National Human Rights Institution.
18 
Sec. 36. Cooperation with the United Nations and other Human Rights
19 
System. -  To strengthen the power of the Commission in the promotion and
20 
protection of human rights, it shall cooperate with the United Nations and any other
21 
organization in the United Nations System including special procedures and charter-
22 
based mechanism on matters pertaining to monitoring compliance on international
23 
treaties on human rights.
24 
The Commission shall likewise undertake collaborative efforts with
25 
international and regional human rights networks and national human rights
26 
institutions of other countries in relation to promotion and protection of human
27 
rights.
28 
Sec. 37. Other Monitoring Functions. -  The Commission shall monitor
29 
observ’ance by non-state actors of human rights obligations arising from
30 
international and domestic laws or agreements entered into with the government, as
31 
well as unilateral declarations and similar undertakings.
17


1 
Sec. 38. Annual Report. -  The Commission shall prepare and make public an
2 
annual report on the findings of its monitoring activities with regard to the state of
3 
the Government's compliance with its international human rights treaty obligations.
4 
The report shall include, but not limited, to the following:
5 
a. Identification of systematic patterns of human rights violations using
6 
documented cases, statistics and data indicating the nature of complaints
7 
received, investigations conducted, and findings made;
8 
b. Analysis of the factors which contribute to the commission of human rights
9 
violations;
10 
c. Assessment of the legal mechanisms of existing institutions in providing
11 
adequate human rights protection;
12 
d. Recommendations for legal, legislative, and institutional reforms for the
13 
greater promotion and protection of human rights; and
14 
e. Adoption and implementation by the concerned government agency of the
15 
recommendations on the protection and promotion of human rights contained
16 
in the Commission’s policy issuances.
17 
E. OTHER POWERS AND FUNCTIONS
18 
Sec. 39. Financial Assistance Program. -  The Commission shall establish a
19 
financial assistance program for victims of human rights violations and their
20 
families.
21 
The initial funding for the Financial Assistance Program shall be allocated for
22 
such purposes and shall be included thereafter in the annual regular appropriations
23 
for the Commission, and the same shall be automatically and regularly released.
24 
The funds necessary for the initial implementation of the Financial Assistance
25 
Program shall be taken from the current year’s appropriation of the Commission.
26 
Thereafter, the funding requirement shall be included in the annual General
27 
Appropriations Act.
28 
Sec. 40. Legal Assistance Program. -  The Commission shall promote a legal
29 
assistance program to benefit victims of human rights violations in coordination with
18


1 
human rights organizations and lawyers' groups, the Integrated Bar of the
2 
Philippines, and Philippine law schools.
3 
Upon its discretion, the Commission may also provide allowances and
4 
incentives to private lawyers or lawyers’ groups who would render their professional
5 
services on behalf of the Commission in any court proceeding involving the litigation
6 
of human rights cases, subject to auditing rules and regulations.
7 
Sec. 41. Protection of Filipinos Abroad. -  The Commission shall undertake
8 
measures for the protection and promotion of human rights of Filipinos living
9 
abroad. It may assign organic personnel as Human Rights Attaches in Philippine
10 
Embassy or Consulates, or deputize Philippine Embassy or Consulate officers,
11 
resident private individuals of known probity and active involvement in human
12 
rights, or foreign- based human rights and migrant workers' non-government
13 
organizations in countries where the incidence of human rights violations of
14 
Filipinos is widespread and commonplace, including traditional host countries of
15 
Overseas Filipino Workers.
16 
The assigned personnel acting as Human Rights Attache or deputized
17 
individuals of the Commission shall monitor the status of human rights of Filipinos
18 
living abroad and establish networks among Filipinos for purposes of monitoring and
19 
reporting cases of human rights violations, as well as for providing counseling and
20 
financial assistance to victims. They shall immediately notify the concerned Embassy
21 
officials of incidents of human rights violations of Filipinos and provide immediate
22 
assistance to victims.
23 
The Commission may establish bilateral relationship with other national
24 
human rights institutions for the protection of human rights of Filipinos.
25 
Sec. 42. Issuance of Certifications. -  The Commission shall issue
26 
certifications to members of the military, police, and other law enforcement agencies
27 
prior to, and as a requirement for their promotion or assumption of office.
28 
The Commission shall make its own recommendations to the Commission on
29 
Appointments prior to the confirmation of other officials other than those mentioned
30 
in the preceding paragraph, who are being considered for promotion or appointment.
31 
This provision shall also apply to other government officers with salary grade 27 or
32 
its equivalent and higher.
19


1 
It shall also issue certifications for purposes of training, local or foreign study
2 
grants and education, or for other purposes as may be determined by the
3 
Commission, upon proper request made by the applicant.
4 
Sec. 43. Ombudsman for Children’s Rights. -  The Commission shall act as an
5 
Ombudsman for Children’s Rights to promote and safeguard the rights and welfare
6 
of children and young people up to eighteen (18) years of age and to investigate
7 
complaints made by children and young people or by adults on their behalf.
8 
Sec. 44. Gender and Development Ombud. -  The Commission shall act as the
9 
Gender and Development Ombud to ensure the promotion and protection of
10 
women's human rights and exercise its powers and functions under the Magna
11 
Carta of Women Act of 2009.
12 
TITLE III. ORGANIZATIONAL STRUCI UIt£
13 
Sec. 45. The Commission as a Collegial Body. -  The Commission, composed
14 
of the Chairperson and four (4) Members, as a collegial body, is responsible for the
15 
promulgation of policies, decisions, orders, and resolutions necessary for the efficient
16 
administration of the Commission and for proper execution of its constitutional
17 
mandate.
18 
In the exercise of its powers and functions, the Commission shall sit and
19 
render its decision en banc. Every such decision, order, or resolution of the
20 
Commission must bear the concurrence and signature of at least three (3) Members
21 
thereof.
22 
The Commission shall meet regularly. A majority of the members, at least
23 
three (3) constitutes a quorum needed in any en banc meeting of the Commission.
24 
Sec. 46. The Chairperson as Executive Officer; Powers and Duties. -  The
25 
Chairperson shall be the Chief Executive Officer of the Commission, and shall:
26 
a. Execute and carry out the policies, decisions, orders, and resolutions
27 
approved by the Commission;
28 
b. Direct and supervise the operations and internal administration of the
29 
Commission;
20


1 
c. Sign appointments of subordinate officials and employees made by the
2 
Commission and enforce decisions on administrative discipline involving
3 
them;
4 
d. Make temporary assignments, rotate, and transfer personnel in
5 
accordance with the provisions of the Civil Service Law and the policies
6 
involving them;
7 
e. Submit an annual budget to the Commission for its approval and
8 
submission to the Department of Budget and Management and to the
9 
Congress of the Philippines;
10 
f. Delegate his/her authority, in whole or in part, to other officials of the
11 
Commission in accordance with Executive Order No. 292, otherwise
12 
known as the Administrative Code 0/1987, and the rules and regulations
13 
of the Commission; and
14 
g. Perform such other functions as may be authorized by the Commission.
15 
Sec. 47. Sti’uctural Organization. -  The Commission shall have the following
16 
offices and operating units:
17 
a. Office of the Chairperson;
18 
b. Office of the Commissioners;
19 
c. Office of the Executive Director, Finance Administration and Management
20 
d. Office of the Commission Secretariat;
21 
e. Office for Planning and Development, Special Projects, and Audit
22 
f. Human Rights Protection Office;
23 
g. Human Rights Education, Research, Training and Promotion Office;
24 
h. Office of the Director for Regional Operations, Thematic and Sectoral
25 
Concerns
26 
As an independent constitutional office, the Commission may effect changes
27 
in the organization as the need arises, provided that such reorganization shall be
28 
funded within the personnel services appropriation of the Commission.
21


1 
All officers and employees of the Commission, unless otherwise provided
2 
herein, shall receive emoluments and privileges, which shall not be less than those
3 
given to comparable positions in any office in the government.
4 
Sec. 48. Office of the Executive Director, Finance Administration and
5 
Management. -  The Commission shall appoint an Executive Director who shall also
6 
be the Director for Finance Administration and Management. He or she shall oversee
7 
the day-to-day activities of offices handling administrative, finance, and support to
8 
operations in keeping with the directions of the Commission.
9 
The Executive Director shall also perform other tasks as maybe assigned to
10 
him or her by the Commission.
11 
Sec. 49. Commission Secretariat. -  The Executive Director shall also head the
12 
Commission Secretariat to provide executive and support services to the Commission
13 
on its regular, special and executive meetings, assist on policy review and
14 
coordination, undertake review and appraisal of the programs and other project
15 
undertakings of the Commission, including technical support on the formulation of
16 
guidelines, directives, mandates and executive summaries and reports. He/she shall
17 
review processes and systems as they affect the efficient operations of the
18 
Commission and submit to the en banc proposals to improve processes, systems, and
19 
operations.
20 
Sec. 50. Office for Planning and Development, Special Projects, Audit. -  The
21 
Planning, Development, Special Project and Audit shall be under the direct
22 
supervision of the Chairperson, and shall coordinate with offices and specialized
23 
centers in developing programs, strategic plans to detailed proposals for submission
24 
to partner organizations; ensures compliance of agency to donor requirements and
25 
other documentation; maintain linkages with international donors for foreign
26 
assisted programs and projects. It shall also coordinate with offices to identify
27 
baseline standards, performance indicators, and targets to achieve the organizational
28 
goal of the Commission.
29 
Audit shall include the process of determining cost effectiveness, value for
30 
money, and benefits of major investments and expenditures of the Commission and
31 
enhance individual and unit accountabilities of established systems and procedures.
32 
It shall evaluate the efficiency of operations and determine whether policies are being
22


1 
followed consistently in all offices of the Commission and correct deficiencies in
2 
established internal control systems and procedures.
3 
Sec. 51. Duties and Functions of the Offices of the Commission. -  The
4 
different offices of the Commission provided in Section 47 of this Act shall operate in
5 
accordance with their respective duties and functions assigned to them by the
6 
Commission, subject to the requirements of efficiency, economy, and effectiveness,
7 
and pertinent budget and civil service laws, rules and regulations.
8 
Sec. 52. Office of the Director for Regional Operations, Thematic and
9 
Sectoral Concerns. -  The Director for Regional Operations shall be responsible for
10 
managing the day-to-day affairs, activities and operations of the Commission in
11 
Regional and Provincial Offices, in accordance with its policies, standards, rules and
12 
regulations adopted and promulgated by the Commission. It shall also manage the
13 
operations of existing specialized centers of the Commission with legal mandate,
14 
such as the Women’s Human Rights Center under the Magna Carta of Women Act
15 
of 2009, and Child Rights Center under the Juvenile Justice and Welfare Act of
16 
2006.
17 
The Commission shall have the following field offices:
18 
(a) Regional Offices:
19 
The Commission shall have eighteen (18) Regional Human Rights Offices.
20 
These will include the twelve (12) geographically grouped regional offices; the
21 
four (4) special administrative regions created by law, namely, the National
22 
Capital Region (NCR), the Cordillera Administrative Region (CAR), the
23 
Caraga Administrative Region (CARAGA), and the Autonomous Region for
24 
Muslim Mindanao (ARMM).
25 
For purposes of an efficient and effective administration and operation,
26 
Region IV shall be divided into Region FV-A and Region IV-B. The former
27 
shall cover the provinces of Cavite, Laguna, Batangas, Rizal, and Quezon,
28 
while the latter shall cover the provinces of Oriental Mindoro, Occidental
29 
Mindoro, Marinduque, Romblon, and Palawan.
30 
Each Regional Office shall be headed by a Regional Human Rights Director
31 
rV, who must be a member of the Philippine Bar, assisted by an Assistant
23


1 
Regional Human Rights Director, and such other subordinate officers or
2 
employees as the Commission may appoint. They should be persons having
3 
general understanding of the human rights situation over the locality and are
4 
of known probity and independence.
5 
(b) Provincial Offices:
6 
Each Provincial/District Human Rights Office shall be headed by a
7 
Provincial/District Human Rights Officer, and such other subordinate officers
8 
or employees as the Commission may appoint. The Provincial/District Human
9 
Rights Officers shall carry the rank and receive salaries or benefits equivalent
10 
to a Director III. They should be persons having general understanding of the
11 
human rights situation over the locality and are of known probity and
12 
independence.
13 
The Commission shall have an office in every province corresponding to each
14 
Regional Office, except the National Capital Region. The latter shall instead be
15 
subdivided into four (4) separate districts: the Northern District, Eastern
16 
District, Western District, and the Southern District, and each shall be
17 
considered a separate District Human Rights Office.
18 
These Provincial/District Human Rights Offices shall provide identified
19 
services for the protection and promotion of human rights within their
20 
specific areas of jurisdiction. They shall be under the direct supervision of the
21 
Regional Human Rights Office having territorial jurisdiction over them.
22 
Sec. 53. Human Rights Protection Office. -  The Human Rights Protection
23 
Office shall provide legal, investigation, visitorial, and victims support services.
24 
Sec. 54. Human Rights Education, Research, Training and Promotion Office.
25 
-  The Human Rights Education Office shall provide education, training, advocacy,
26 
and campaign services. It shall also conduct research on human rights situations and
27 
provide research and documentation including management of library and
28 
publications. Within three years from the entry into force of this law, it shall assist
29 
the Commission in establishing the Institute of Human Rights which shall be the
30 
principal training unit of the Commission.
24


1 
Sec. 55. Operational Guidelines. -  The Commission shall also formulate its
2 
operational guidelines which shall include, but not be limited to, the functions and
3 
duties of the Director for Finance Administration and Management, the Director for
4 
Operations and Commission Secretary, Director for Regional Operations, and the
5 
heads of the line offices, the implementation and management of its Temporary
6 
Witness Protection Service, Financial Assistance and Legal Aid Programs, and such
7 
other matters as may be necessary for the implementation of this Act
8 
Sec. 56. Franking Privilege. -  All official mail matters and telegrams of the
9 
Commission addressed for delivery within the Philippines shall be received,
10 
transmitted and delivered free of charge; Provided, That such mail matters when
11 
addressed to private persons or non-government offices shall not exceed One
12 
Thousand and Twenty (1,020) grams. All mail matters and telegrams sent through
13 
government telegraph facilities containing complaints to the Commission shall be
14 
transmitted free of charge; Provided, That the telegram shall contain not more than
15 
One Hundred and Fifty (150) words.
16 
Sec. 57. Financial Report. -  The Commission shall make available to the
17 
public its annual financial statements, including but not limited to, expenditures and
18 
sources of funds.
19 
Sec. 58. Appropriations. -  In addition to the regular appropriations of the
20 
Commission, the sum of Three Hundred Million Pesos (P300,000,000) for the
21 
initial implementation of this Act shall be included in the Annual General
22 
Appropriations Act, in the year following its enactment into law. Thereafter, such
23 
sums, as maybe necessary for the full implementation of this Act, shall be included
24 
in the annual General Appropriations Act.
25 
Sec. 59. NPM Appropriations. -  The National Preventive Mechanism shall
26 
have an initial operating budget from the General Appropriations Act. This budget
27 
shall not be utilized for any other purpose apart from NPM wrork as determined by
28 
the NPM Board.
29 
The amount for the initial operation of the NPM shall be sourced from the
30 
Contingent Fund of the Office of the President. Subsequent funding requirements
31 
shall be included in the annual GAA.
25


1 
Sec. 6o. Transitory Provisions. -  Nothing in this Act shall prejudice the
2 
positions, emoluments, security of tenure, qualifications, privileges, and benefits of
3 
the incumbent Chairperson and Commissioners, officers and employees of the
4 
Commission upon its effectivity. However, officials and employees of the
5 
Commission, in aid of its reorganization upon the effectivity of this Act, may avail of
6 
an early retirement program as may be provided for by the Commission.
7 
To prevent interruption or disruption in the operations of the Commission,
8 
the Chairperson and members of the Commission shall continue in office in a hold-
9 
over capacity unless their successors shall have been duly appointed; Provided that,
10 
while acting in a hold-over capacity, they shall not make appointments, including
11 
promotions, transfers and/or assignments of personnel.
12 
Sec. 6i. Implementing Rules and Regulation. -  The Commission shall, within
13 
sixty (6o) days from the approval of this Act, formulate the implementing rules and
14 
regulations in the exercise of its general, investigative, monitoring, education, and
15 
advocacy powers and functions in consultation with other concerned agencies of
16 
government.
17 
Sec. 62. Separability Clause. -  Should any provision of this Act or part hereof
18 
be declared unconstitutional, the other provisions or parts not affected thereby shall
19 
remain valid and effective.
20 
Sec. 63. Repealing Clause. -  All laws, decrees, orders, and issuances, or
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portions thereof, which are inconsistent with the provisions of this Act, are hereby
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repealed, amended or modified accordingly.
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Sec. 64. Effectivity Clause. -  This Act shall take effect after fifteen (15) days
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from its complete publication in two (2) newspapers of general circulation.
Approved,
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