NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
I, 
• t i f. \ i- •.
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24 JAN 23 A10 ^4
S. No.
SENATE
2522
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO and SENATOR
RONALD "BATO" DELA ROSA
AN ACT
ESTABLISHING NATIONAL PREVENTIVE MECHANISM (NPM) IN 
COMPLIANCE WITH THE OPTIONAL PROTOCOL TO THE CONVENTION 
AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING 
TREATMENT OR PUNISHMENT (OPCAT) AND FOR OTHER PURPOSES
EXPLANATORY NOTE
It is a state policy, as declared under Article II, Section 11 of the 1987 
Constitution, to value the dignity of every human person and to guarantee full respect 
for human rights. In fact, the Philippines has adopted several international human 
rights conventions and instruments in response to this policy which include: the 
Universal Declaration of Human Rights (UDHR) (10 December 1948), International 
Covenant on Civil and Political Rights (23 October 1986); International Covenant on 
Economic, Social, and Cultural Rights (7 June 1974); International Convention on the 
Elimination of All Forms of Racial Discrimination (15 September 1976); International 
Convention on the Elimination of All Forms of Discrimination against Women (5 August 
1981); Convention on the Rights of the Child (21 August 1990); Convention against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (30 April 
1986); International Convention on the Protection of the Rights of All Migrant Workers


and their Families (13 November 1993); and International Convention on the Rights 
of Persons with Disabilities (15 April 2008).1 
x
In connection with the Convention against Torture and Other Cruel, Inhuman 
or Degrading Treatment or Punishment (UNCAT), the Philippines acceded to the UN 
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment (OPCAT) on April 17, 2012. Furthermore, the UN 
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (SPT) was established which has a preventive mandate 
focused on a proactive approach in preventing torture and ill treatment.
States that ratify the OPCAT give the SPT the right to visit their places of 
detention and examine the treatment of people held there. The OPCAT also obliges 
States to set up independent National Preventive Mechanisms (NPMs) to examine the 
treatment of people in detention, make recommendations to government authorities 
to strengthen protection against torture and comment on existing or proposed 
legislation.2 However, for more than a decade the Philippines still lacks the National 
Preventive Mechanism (NPM) mandated under Articles 17 to 23 of the OPCAT.
This bill therefore seeks to establish a National Preventive Mechanism which 
will be an attached agency of the Commission on Human Rights having its own budget 
and personnel. The NPM shall serve as the domestic version of the UN SPT tasked to 
carry out visits to places of detention; monitor the treatment of and conditions of 
detainees; and make recommendations regarding the prevention of ill- treatment.
Currently, the CHR has been conducting unannounced visits to jails and 
detention facilities to ensure the welfare of persons-deprived-of liberty (PDLs). The 
NPM shall therefore enhance and complement the CHR's mandate as it looks into the 
preventive aspect against torture and other cruel, inhuman or degrading treatment or 
punishment, in places of detention or deprivation of liberty. Torture prevention 
involves a holistic approach involving legal reforms, safeguards in detention facilities.
1httD://Dhrcs.aov.Dh/human-riahts-a-
primer/#:~:text=ln%20addition%2C%20the%20PhiliDDines%20is.)%3B%20lnternational%20Conventi
on%20on%20the
2 https://www.ohchr.ora/en/treatv-bodies/spt


fighting against impunity, and ensuring criminal responsibility, remedies and 
reparations.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
L" N. TOLENTINO
Senator
RONALD "BATO:' DELA ROSA
Senator


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
24 JAN 23 A10-.44
S. No.
SENATE
2S22
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO and SENATOR
RONALD "BATO" DELA ROSA
AN ACT
ESTABLISHING NATIONAL PREVENTIVE MECHANISM (NPM) IN 
COMPLIANCE WITH THE OPTIONAL PROTOCOL TO THE CONVENTION 
AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING 
TREATMENT OR PUNISHMENT (OPCAT) AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "National Preventive
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Mechanism (NPM) Act of2023."
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Section 2. Statement of Policy. - It is hereby declared the policy of the State to:
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a. 
Adopt the generally accepted principles of international law, which 
include the prohibition of torture and other cruel, inhumane degrading 
treatment or punishment, as part of the law of the land;
b. 
Uphold the dignity of every individual, ensuring full respect for human 
rights;especially persons deprived of liberty, prohibiting any form of 
physical, psychological, or mental harm, force, violence, threat, 
intimidation, or any act that impairs his/her free will or in any manner 
demeans or degrades human dignity;
c. 
Fully adhere to absolute condemnation and prohibition of torture outlined 
in the 1987 Constitution, Republic Act (RA) No. 9745 (the Anti-Torture


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Act of 2009) or other relevant laws, and human rights conventions to 
which the Philippines is a State Party to or voted in favor of, but not 
limited to, the Universal Declaration on Human Rights (UDHR), the 
International Covenant on Civil and Political Rights (ICCPR), the 
Convention on the Rights of the Child (CRC), the Convention on the Rights 
of Persons with Disabilities (CRPD), the United Nations Convention 
Against Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (UNCAT), and the Optional Protocol to the Convention 
Against Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (OPCAT).
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Section 3. Definition of Terms. - For the purposes of this Act, the following terms
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shall mean:
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a. Deprivation of iiberty refers to any form of detention or imprisonment 
or the placement of a person in a public or private custodial setting which 
that person is not permitted to leave at will by order of any judicial, 
administrative, or other authority;
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b. Other cruel, inhuman, or degrading treatment or punishment
refers to a deliberate or aggravated treatment or punishment inflicted by 
a person in authority or agent of a person in authority against a person 
under his/her custody which attains a level of severity causing suffering, 
gross humiliation or debasement to the latter;
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Person deprived of iiberty (PDL) refers to any person placed in any 
form of detention or imprisonment or in a public or private custodial 
setting where the said person is not permitted to leave at will by order of 
any judicial, administrative, or other authority;
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d. Place of deprivation of iiberty refers to any place of detention, 
imprisonment, or the placement of a person in a public or private 
custodial setting under or within the jurisdiction and control of the 
Philippines, where persons are or may be deprived of their liberty by 
virtue of an order given by a public authority, at his/her instigation, or 
with his/her consent or acquiescence. The term shall also encompass 
traditional and non-traditional physical spaces of detention, whether 
moving or stationary, temporary or permanent, formally or informally 
used as detention facilities, or maintained or managed by public or private 
authorities under regulation by the Government.


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e. Reprisal refers to an act or omission attributable to authorities or 
officials of a State who order, carry out, permit or tolerate any sanction 
against any person or organization for having communicated with the 
NPM or for having provided the NPM with any information, irrespective of 
its accuracy;
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f. Subcommittee on the Prevention of Torture (SPT) refers to the 
United Nations Subcommittee on the Prevention of Torture and Other 
Cruel, Inhuman, or Degrading Treatment or Punishment established 
under the Optional protocol to Convention against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). It has 
a preventive mandate focused on a proactive approach to preventing 
torture and ill treatment.
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g. Torture refers to an act by which severe pain or suffering, whether 
physical or mental, is intentionally inflicted on a person for such purposes 
as obtaining from him/her or a third person information or a confession, 
punishing him/her for an act he/she or a third person has committed or 
is suspected of having committed, or intimidating or coercing him/her or 
a third person, or for any reason based on discrimination of any kind, 
when such pain or suffering is inflicted by or at the instigation of or with 
the consent or acquiescence of a person in authority or agent of a person 
in authority. It does not include pain or suffering arising only from, 
inherent in, or incidental to lawful sanctions;
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h. Unrestricted access refers to free access to any place of detention, 
imprisonment, or the placement of a person in a public or private 
custodial setting under or within the jurisdiction and control of the 
Philippines, where persons are or may be deprived of their liberty.
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All persons deprived of their liberty, with the opportunity to have private 
unrestricted access includes the liberty on the part of the NPM to choose 
the places that it may want to visit and the persons that it may wish to 
interview.
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Section 4. National Preventive Mechanism. - A Special Committee on National
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Preventive Mechanism (NPM) is hereby created to give effect to the Philippines'
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obligations under the OPCAT, for the purpose of preventing torture and other cruel,
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inhuman or degrading treatment or punishment. The NPM shall be an attached
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agency of the Commission on Human Rights (CHR) whose functions shall be separate
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and independent from the operations of the CHR.


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The NPM shall be composed of the Chairperson of the Commission on Human
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Rights or his/her representative Commissioner, sitting as ex-officio member, and ten
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(10) other members composed of:
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1. 
Five (5) experts each representing one of the following professions or
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other related fields such as Criminal Law, Medicine, Psychiatry,
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Psychology, Social Work, Religious, Architecture, and Engineering;
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2. 
Four (4) representatives from non-governmental organizations (NGOs)
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operating in the Philippines for at least five (5) years and advocating
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for human rights, preferably focusing on anti-torture work and/or
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upholding the rights of persons deprived of liberty; and
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3. 
One (1) person with prior professional experience of at least five (5)
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years concerning the administration of places of deprivation of liberty.
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The NPM shall, as much as practicable, have balanced gender
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representation and have adequate representation of ethnic, religious and
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minority groups in its membership on the basis of the principles of equality
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and non-discrimination.
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The NPM shall organize itself within thirty (30) days from the
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completion of the appointment of all ten (10) members.
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Section 5. Qualifications of the members of the NPM. - Except for the
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Chairperson or his/her representative Commissioner, ail members of the NPM shall
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have the following qualifications:
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a. 
Must be a Filipino citizen with high moral character, recognized probity,
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competence, and integrity;
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b. 
Have been practicing their respective professions for at least five (5)
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years and have been recognized members of their respective
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professional organizations;
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c. 
Be defenders and promoters of human rights^in both their professional
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and personal capacities with no record of any human rights
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violations(s).
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Preference will be given to members of the aforementioned professions who
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are knowledgeable about matters related to the Paris Principles, the Bangkok Rules,
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the Beijing Rules, deprivation of liberty, detention and the administration of justice.


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Section 6. Term of Office, Appointment Dismissai - The Chairperson of the 
Commission on Human Rights or his/her representative Commissioner, sitting as ex 
officio member of the NPM, shali serve as a member of the NPM for the entirety of 
his/her respective tenure in the CHR.
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The ten (10) members shali be appointed by the CHR Commission En Banc.
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The selection and appointment process shall be open and transparent, ensuring
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participative engagements with all relevant stakeholders. To ensure that the NPM is
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a continuing body, the appointments shall serve for a period of five (5) years with
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the possibility of one (1) reappointment.
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Appointment or designation to any vacancy shall be only for the unexpired
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term of the predecessor.
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Any member who has been directly or indirectly involved in any case of human
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rights violation, corruption, fraud, or any case involving moral turpitude shali be
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dismissed after the conduct of an administrative hearing finding such member guilty
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of the said actions.
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Section 7. Saiaries, Emoiuments, and Benefits. - The members of the NPM
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shall have the rank, salary, emoluments, and allowances equivalent to that of a
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Commissioner of the CHR.
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Section 8. Organization and Staffing. - The NPM is hereby authorized to
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prepare and adopt the organizational structure and staffing pattern for the national
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and regional offices of the NPM in such manner or form as they may deem most
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suited and responsive to national and regional administration, subject, however, to
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existing laws and regulations prescribing position classification, rankings and pay
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ranges for national departments and offices.
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The NPM shall establish a satellite office in Luzon, Visayas, and Mindanao with
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the corresponding staff complement that will be responsible for implementing the
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NPM functions in their areas of jurisdiction.
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Section 9. Powers and Functions of the NPM. - The NPM, whose visiting
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mandate is specifically aimed at the prevention of torture and other cruel, inhuman,
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or degrading treatment or punishment, and proactive and non-adversariai in its
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approach, shall have the following powers and functions:


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To conduct regular and unannounced visits to places of deprivation of 
liberty in order to prevent torture and other cruel, inhuman, or 
degrading treatment or punishment.
In conducting such visits, the NPM may consider requests for visits by 
civil society groups or any other entities or individuals recommending 
policy, procedural, or practical reforms in places of deprivation of 
liberty;
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To undertake preventive monitoring visits and coordinate with relevant 
authorities to examine and assess the custodial policies, procedures, 
practices, and all other aspects relevant to the treatment and living 
conditions of persons deprived of liberty in order to identity the risks 
that give rise to torture and other cruel, inhuman, or degrading 
treatment or punishment in accordance with the UN Standard 
Minimum Rules on the Treatment of Prisoners (SMRTP) and existing 
international principles, obligations, and standards;
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To examine and review national laws, policies, and procedures that 
relate to the treatment, well-being, and rights of persons deprived of 
liberty;
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To submit to Congress and to the President its annual NPM report 
which shall contain its observations, advisories and other policy 
recommendations, and proposals relating to the rights and protection 
of persons deprived of their liberty and provide other relevant 
authorities. The NPM report, which shall include a report to Congress 
its annual budget and expenditures, shall be published and 
disseminated to all stakeholders;
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To refer any factual incident of torture and other cruel, inhuman, or 
degrading treatment or punishment or other human rights violations 
or abuses it may discover during its visits to appropriate authorities 
within places of deprivation of liberty.
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f. To work, where appropriate, in cooperation or consultation with any 
person or entity, whether public or private, in connection with the 
discharge of any of its functions under this Act and the OPCAT;
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To publish information relative to its preventive monitoring functions, 
specifically on matters mentioned in Paragraphs (a), (b), (c), (d), and 
(e) of this Section, when circumstances so warrant and with due


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prudence: Provided, That the NPM, having high regard for its rules 
and regulations relative to confidentiality and informed consent, may 
determine what information shall be considered confidential; Provided 
further, That the NPM shall not publish or rpake known any sensitive 
personal data relating to any person without that person's express 
consent.
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h. To submit independent reports to the SPT regarding the 
implementation of the Republic of the Philippines' obligations under 
the UNCAT and the OPCAT;
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To promote public awareness, through the publication and 
dissemination of information, and education materials, on its work as 
the NPM;
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j. To train and capacitate the relevant authorities charged with the 
treatment of persons deprived of liberty and management of places of 
deprivation of liberty
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k. 
To ensure the protection and uphold the principle of non refoulement
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for persons deprived of liberty in the performance of its mandate in
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coordination with relevant agencies; and
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To establish its own ruies and procedures in carrying out its mandate
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and to create line offices necessary and relevant for the execution of
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its functions.
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Section 10. Guarantees for the NPM. - Ail branches, subdivisions, departments,
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and agencies or instrumentalities of the Government and relevant private institutions
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shall guarantee the NPM the following:
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a. 
Full and unrestricted access to all information concerning the number
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of persons deprived of liberty in places of deprivation of iiberty, as weli
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as the number of such places and their respective locations;
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b. 
Fuli and unrestricted access to ail information referring to the
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treatment and conditions of persons deprived of liberty;
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c. 
Full and unrestricted access to all places of deprivation of liberty and
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their installations and facilities;


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Liberty to conduct private interviews with persons deprived of liberty 
without recording or monitoring by the persons in authority, or agents 
thereof;
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e. 
Liberty to choose the places to visit and persons to interview and when 
these should take place;
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Liberty for NPM officers and duly- authorized personnel to visit all 
places of deprivation of liberty;
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g. Freedom to determine its own rules and procedures, including its 
program of visits;
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That the relevant authorities shall be required to examine its 
recommendations as the NPM and to enter into dialogues with the 
same to discuss and agree on possible implementation and the 
corresponding reporting measures;
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That the relevant authorities shall enter into appropriate agreements 
with the NPM to address the recommendations of the latter. Should 
the authorities fail to act upon the recommendation, the NPM shall 
forward its findings to the Department of Justice and other concerned 
government agencies for appropriate actions;
That the relevant authorities shali immediately file and pursue the 
appropriate administrative, civil, and/or criminal cases against 
individuals and/or authorities who refuse to cooperate with the NPM 
as it undertakes its mandate under both this Act and the OPCAT;
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That the NPM shall enjoy complete financial and operational autonomy 
and independence when carrying out its functions under both this Act 
and the OPCAT; and
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The NPM shall be allowed to receive foreign grants for the 
establishment of NPM premises and implementation of its functions 
specified in this Act.
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Section 11. Independence of Members of the NPM. - All members of the NPM
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shall act independently and impartially. With the exception of the CHR Chairperson
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or his/her representative Commissioner, ail other members of the NPM shall serve
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in their personal capacity. They shall conduct themselves in accordance with the
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following guidelines:
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1) 
No member of the NPM shall participate in activities which may imply, 
or may seem to imply, a conflict of interest with his/her capacity as an 
independent and impartial member; and
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Members of the NPM shall avoid any action which might give the 
impression that any given agency or facility is receiving more or less 
favorable treatment than that accorded to others; and
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If for any reason a member of the NPM considers that he/she is in a 
situation involving a potential conflict of interest, he/she shall promptly 
inform the Executive Director, who shall then advise the rest of the 
members of the NPM on the potential conflict of interest. Ultimately, 
the NPM shall take all measures necessary to safeguard the 
requirements of independence and impartiality of its respective 
members.
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Section 12. Confidentiality. - All documentation and information collected by the
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NPM shall be kept strictly confidential, unless the NPM decides otherwise in relation
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to a particular documents and information: Provided, That no sensitive information,
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whether personal or otherwise, shall be published without the express consent of
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the individual or authority concerned: Provided further, that this provision shall be
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in accordance with all existing laws on confidentiality and security of sensitive
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personal information and data, such as but not limited to the Data Privacy Act of
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2012.
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Section 13. Relationship and Cooperation with Government Agencies,
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Civil Society Organizations (CSOs) and Other Groups. - The NPM shall
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maintain direct regular contact with and encourage open dialogues with the relevant
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UN agencies working against torture, including the Committee Against Torture, SPT,
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and the Office of the High Commissioner for Human Rights (OHCHR). It shall also
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encourage and maintain participation and coordination with the CSOs, media
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organizations, and other regional, national, and international human rights
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mechanisms for the effective and full implementation of this Act.
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Government authorities and private organizations or entities mandated to
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protect and promote the rights of persons deprived of liberty shall cooperate with
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and promptly respond to and monitor the impiementation of the recommendations,
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proposals, and other requests of the NPM in the performance of its mandate.
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The competent authorities shall take into consideration the recommendations
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of the NPM and enter into a dialogue with it, on possible implementation measures.


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Section 14. Information Sheets on Persons Deprived of Liberty and Piaces
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of Deprivation of Liberty. - The NPM shall be entitled to receive copies of the
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lists as provided under Sec. 7 of Republic Act No. 9745 otherwise known as the
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"Anti-Torture Act of 2009" and as provided under Sec. 10 of Republic Act No. 10353
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otherwise known as the "Anti- Enforced or Involuntary Disappearance Act of 2012".
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Section IS. Pubiic Educationf Information^ and A wareness Campaign. The
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NPM, in partnership with departments/agencies with jurisdiction, control and/or
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oversight of places of deprivation of liberty, CSOs, and such other concerned parties
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and entities in both the public and private sectors, shall inform the public, as well
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as persons in authority and their agents, of the existence of the NPM, the rights of
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persons deprived of liberty, the importance of preventive visits, the need for
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cooperation during such visits, and for implementing measures based on
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recommendations of the NPM.
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Section 16. Periodic Review. - Within five (5) years after the effectivity of this
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Act, and every five (5) years thereafter or as the need arises, the NPM shall conduct
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a comprehensive review of its implementation and a systematic evaluation of its
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performance and functioning in order to highlight its accomplishments and impact
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on the protection of the rights of persons deprived of their liberty.
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To carry out this task, the NPM shall ensure participative and multi-sectoral
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dialogues with stakeholders, the CSOs, survivors of torture and their families, and
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the relevant government authorities involved in the treatment of persons deprived
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of their liberty and the administration of places of deprivation of liberty.
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The NPM shall submit its review and evaluation report to both the Senate
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Committees on Justice and Human Rights and the House Committee on Human
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Rights for their consideration.
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Section 17. Appropriations. - The amount necessary for the implementation of
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this Act shall be initially charged against the current year's appropriations of the
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CHR. Thereafter, the amount necessary for the continuous implementation of this
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Act shall be included in the annual General Appropriations Act (GAA).
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Section 18. Implementing Rules and Regulations (IRR). - The CHR shall
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formulate the IRR of this Act within ninety (90) days from its effectivity, in
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consultation with the relevant government agencies and CSOs working in various
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fields relevant to the treatment of persons deprived of liberty. The IRR of this Act
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shall be effective within fifteen (15) days following its publication in two (2)
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newspapers of general circulation.
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Section 19. Separability Clause. - If any provision of this Act is declared invalid
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or unconstitutional, the other provisions not affected thereby shall remain valid and
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subsisting.
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Section 20. Repealing Clause. - All laws, decrees, executive orders, rules and
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regulations, memorandum orders, memorandum circulars, administrative orders,
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ordinances, and other issuances, or any part thereof, which are inconsistent with
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this Act, are hereby revoked, amended, or modified accordingly.
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Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in at least two (2) newspapers of general circulation.
Approved,
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