EIGHTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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Fii'st Regular' Session 
)
c-©ffitr Ot t;v -  . 
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SENATE
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
DEFINING EXTRAJUDICIAL KILLING, PROVIDING 
FOR ITS PENALTT AND OTHER PURPOSES
EXPLANATORY NOTE
Article II, Section ii of the Constitution provides that “[t]he State values the 
dignity of eveiy human person and guarantees full respect for human rights.”
The above State policy is underscored by the entry of the Philippines to human 
rights treaties, such as the UN Covenant on Civil and Political Rights, and enactment 
of laws that integrate promotion and protection of the right to life, and access to 
effective remedy as articulated in the Universal Declaration of Human Rights.
Since President Duterte assumed office in July of 2016 up to the end of 2018, 
the Philippine Drug War has already killed more than 5,000 persons according to the 
Philippine Drug Enforcement Agency (PDEA)1. According to the Commission on 
Human Rights (CHR), the number could be as high as 27,000 owing to the lack of 
information being released as well as the reluctance of the victims’ families to come 
out and speak up due to fear of being exterminated2. While the deaths related to anti­
drug operations have tapered significantly for Metro Manila, where the killings were 
initially most rampant, the epicenter of the Drug War has seemingly moved north 
towards neighboring Central Luzon. From the start of December 2017 to February 
2019, within the so-called Double Barrel "Resumption" phase, data shows that 
Central Luzon cops shot down a total of 668 drug personalities compared to Metro
1 Tomacruz, S. (2018). Duterte gov't tally: 'Drug war' deaths breach 5,000-mark before 2019. Retrieved from 
https://www.rappler.eom/nation/220013-duterle-govemment-tally-killed-war-on-drugs-noveinber-2018
2 Maru, D. (2018). CHR chief: Drug war deaths could be as high as 27,000. Retrieved from https://news.abs- 
cbn.com/ focus/12/05/18/chr-chief-drug-war-deaths-could-be-as-high-as-27000


Manila police’s 318 kills3. Even other regions have not been spared from the carnage 
as CHR Chairperson Jose “Chito” Gascon claimed that Central Visayas ranked fourth 
in the most number of drug-related killings among the regions in the country early in 
Februar>' 20194. In fact, from Januaiy to March 2019, at least 59 persons were 
reportedly killed in 46 separate incidents that include police anti-drug operations in 
Cebus. Most of the victims were slain by motorcycle-riding gunmen, while others 
were killed in a drug bust.
Tragically, a significant portion of the victims of these killings are those of 
innocent men, women, and even children who were either caught in the crossfire or 
misidentified 
as 
drug 
personalities. 
Furthermore, 
despite 
the 
current 
administration’s relentless efforts and brutal methods to curb its proliferation in the 
countiy, none other than President Duterte himself conceded that the Philippines’ 
illegal drug trade has worsened after almost three years since the beginning of the 
Drug War3 4 5 6 7, which may be indicative of the methodology’s overall ineffectiveness.
However, the killings do not stop at suspected drug-personalities. It has also 
extended to the murder of peasant farmers and human rights activists as 
militarization and counterinsurgency operations now share disturbing characteristics 
with the drug war, namely, killing without due process, planting of evidence, and a 
growing climate of apparent impunity^.
These incidences of extrajudicial killings (EJKs) are eerily reminiscent of the 
country’s situation years ago w'hich prompted the mission to the Philippines of the 
former United Nations Special Rapporteur on Extrajudicial killings, Mr. Philip 
Alston in 2007. In his report8, he noted the systematic and targeted killings of 
various “civil society leaders, including human rights defenders, trade unionists, and 
land reform advocates, as well as many others on the left of the political spectrum.” 
The goal then was to quell political dissent by using the killings as a tool of coercion
3 Talabong, R. (2019). Central Luzon: New killing fields in Duterte's drug war. Retrieved from 
https://www.rappler.com/newsbreak/in-deplh/224159-central-luzon-new-killing-fields-duterte-drug-war
4 Miasco, M. (2019). CHR: Drug-related killings in Central Visayas 4th highest in Philippines. Retrieved from 
https://www.philstar.eom/the-freeman/cebu-news/2019/02/08/1891952/chr-drug-related-killings-central- 
visayas-4th-highest-philippines
5 Mondonedo-Ynot, L. (2019). Interactive map: Cebu killings since January 2019. Retrieved from 
https://www.sunstar.com.ph/article/1796734
0 Regalao, E. (2019). Duterte: Philippines drug .situation has worsened. Retrieved from 
https://www.philstar.eom/headlines/2019/03/27/1904945/duterte-philippines-drug-situation-has-worsened
7 Aspinwall, N. (2019). Duterte turns death squads on political activists. Retrieved from 
https://foreignpolicy.eom/2019/06/10/duterte-tums-death-squads-on-political-activists/
8 Retrieved from https://undocs.Org/A/HRC/8/3/Add.2


iu order to maiutaiu peace and order. This now appears to be the same goal in the 
current killings of non-drug personalities. As to the rampant killings of dnig 
offenders, the message being conveyed is that drug personalities have no place in 
society and thus have to be exterminated while altogether glossing over the 
circumstances which led them to become drug personalities in the first place -  
namely, rampant poverty and inequality of opportunity which pervades every layer of 
Philippine society.
In light of the thousands of deaths, the Filipino as a nation cannot negate that 
EJK is a clear and present phenomenon of the times boldly challenging our 
constitutionally protected human right against taking of life, transgi’ession of due 
process, and presumption of innocence of criminal suspects. EJK remains a grave 
threat in our homes, within Philippine shores and around the world that demands 
only the most certain effort through legislation, for which the passage of this bill is 
earnestly sought.
LEILA M. DE LIMA


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Fii’st Regular Session 
)
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S E N A T E  
T9 
J U L ll 
P2 3 6
s. No. 371
________________________Rr
Introduced by SENATOR I.E IIA  M. DE LIMA
AN ACT
DEFINING EXTRAJUDICIAL KILLING, PROVIDING 
FOR ITS PENALT'Y AND OTHER PURPOSES
Be it enaeted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section i. Short Title. -  This Act shall be known as “Anti-Extrajudicial Killing 
Act of 2019”.
Sec. 2. Deelaration of Poliey. -  It is hereby declared policy, and legally 
binding obligation of the State to uphold and protect the non-derogable human right 
to life of all, set forth in various provisions of the Constitution, in Article 3 of the 
Universal Declaration of Human Rights, and Article 6 of the United Nations 
Covenant on Civil and Political Rights and other covenants ratified by the Philippines.
Sec. 3. Objectives. -
a) Define and provide penalty for acts that qualify as extrajudicial killings, to 
ensure accountability of state and non-state actors.
b) Address institutional barriers to efficient, independent, and impartial 
investigation of extrajudicial killings (EJKs) through specific measures that 
will strengthen agencies of government with investigative functions such as 
the Commission on Human Rights (CHR), the National Bureau of 
Investigation (NBI), and Philippine National Police (PNP).
c) Institutionalize operational intervention guidelines such as but not limited 
to arrest, raid, search and seizure, of law enforcement agencies to align 
with international human rights standards.


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d) Promote human rights of all, and ensure public awareness on the sanctity 
of life, respect for the rule of law and established processes, as well as the 
corresponding obligation of the public in the maintenance of public order.
Sec. 4. Definition of Terms. -
a) Absolute necessity test -  refers to the determination of whether or not, in 
the apprehension of suspected criminals, the use of force is necessary and 
if in the affirmative, whether or not the use of lethal force shall be 
employed. Lethal force involves use of firearms, other objects and means 
that can inflict death on a person.
b) Exti-ajudicial killing (EJK) -  refers to the unlawful, and deliberate killing 
of targeted individuals or groups thereof, carried out by agents of the State 
and under its order or acquiescence in lieu of arrest, investigation and 
prosecution. EJK includes summary killing perpetrated by private 
individuals for purposes of carrying out on their own or in the context of 
\igilantism, a campaign or policy of the State.
c) Human rights due diligence -  refers to the measures and initiatives 
undertaken by the State, and its instrumentalities to prevent arbitrary 
taking of life through EJK as well as actions to investigate, punish and 
prosecute individuals w'ho have committed the criminal acts.
d) Innocent bystanders -  refer to persons who are present during a law 
enforcement operation but are not participants to or are involved in any 
ongoing criminal acts or in the said operation.
e) Inquiry -  refers to the process of examination by the CHR, in the exercise 
of its function to monitor human rights due diligence of government, 
including the private sector.
f) Non-state actors -  refer to those wrho are not formally part of any agency 
of government but commit EJK at the behest or acquiescence of state 
actors. These include paramilitary groups, private armed groups and death 
squads.
g) Police intervention -  refers to arrest with or without warrant, raid, search 
and seizure.


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h) State actors -  refer to members of the national police or armed forces, 
including government officials and employees in law enforcement agencies 
or the military.
Sec. 5. Special Mandates. -
a) CHR -  It shall have authority to investigate cases of EJK motu propio or 
on complaint by an interested party as set forth in its Rules of Procedure. It 
is likewise empowered to conduct inquiries on matters that relate to EJKs. 
For this purpose and consistent with its constitutional authority, it is 
empowered to require services and support of government agencies in the 
form of security, shelter, medico-legal, and legal service. The CHR shall, on 
its own, subject to availability of resources, provide protection of witnesses, 
medical and/or forensic examination, legal counseling, and temporary 
shelter.
b) NBI -  It shall make its relevant serx ices available to CHR and/or the PNP 
in their inquiries or investigation of EJK cases. In carrying out its own 
investigations, it shall obser\re human rights due diligence by adopting or 
integrating, in addition to Constitutional restrictions or safeguards, 
modalities and standards that aid in securing independent evidence.
c) PNP -  In all Police Intervention Operations (PIOs) such as arrest, raid, 
search, and seizure, they shall observe the following minimum standards:
1) In conducting arrest, the arresting officer shall announce his 
presence and intent to arrest. Firing of warning shots is absolutely 
prohibited. The arresting officer shall take the necessary 
precautions to ensure the safety of the arresting team as well as the 
innocent bystanders.
2) Necessity of force test shall be the principal rule in PIOs. Use of 
force when employed shall be proportionate, and shall be allowed 
only when there is clear and convincing attempt to evade arrest.
3) Alternative non-lethal incapacitating weapons shall be the primary 
tool to effect arrest when there is resistance.
4) It shall be mandatory for the team leader of every PIO, to submit an 
after-operation report. The Internal Affairs Service of the PNP shall 
maintain a separate reportorial system for cases whereby an


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individual dies as a result of the police operation. Copies of the
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report and/or its latest inventory of cases shall be submitted to the
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CHR on a quarterly basis and shall be available whenever the CHR
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requests or demands it.
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5) Except in cases of warrantless arrest, the arresting officers shall
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document the arrest vrtth the use of body cameras and similar
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devices, which shall be immediately turned over to representath'es
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of the Anti-EJK Council, as provided in Section 6 of this Act.
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Sec. 6. Inter-Agency Council Against Extrajudicial Killings. -  There is hereby
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created an “Inter-agency Council Against Extrajudicial Killings”, or “Anti-EJK
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Council”, with the following composition:
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Chairperson: 
Secretary, Department of Justice
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Members: 
Secretary, Department of National Defense
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Secretary, Department of the Interior and Local Government
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Executive Director, Presidential Human Rights Committee
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Director General, Philippine Drug Enforcement Agency
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Director General, Philippine National Police
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Director, National Bureau of Investigation
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Chairperson, Philippine Commission on Women
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Chairperson, National Youth Commission
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One representative each from two (2) non-governmental organizations shall
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be appointed by the President of the Philippines upon the recommendation of the
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Council. These representatives shall serve for two (2) years, unless sooner revoked
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also upon recommendation of the Council. Appointment of an NGO shall not be
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more than once.
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The Council shall constitute itself within one (1) month or sooner when this
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law takes effect, at the call of the Chairperson.
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The CHR, with an observrer status, shall participate in all meetings of the
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Council for policy development and reform.
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Sec. 7. Powers and Functions of the Anti-EJK Council. -


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a) Develop plans and programs to achieve the objectives set forth in this law
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and coordinate with member-agencies including the CHR for purposes of
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public information and advocacy, policy implementation, monitoring, and
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reportorial;
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b) Engage with human rights mechanisms here and abroad, including
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Mandate Holders, and Special Procedures of human rights organizations
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for purposes of developing or strengthening cooperation in the areas of
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human rights education, law enforcement, investigation, and access to
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justice;
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c) Recommend ratification of international instruments or cooperation
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agreements relating to the legal regime that protects against extra-judicial
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killings; and
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d) Function as a clearing house for investigation modules, arrest, search and
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seizure protocols of the NBI and the PNP, to ensure that these embody the
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minimum standards for the prevention of extra-judicial killing or its
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investigation.
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Sec. 8. Secretariat to the Council. -  There shall be a Secretariat to the Council
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which shall be headed by an Executive Director to be appointed by the Secretary of
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Justice from the list of nominees of the Council.
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Sec. 9. Prohibited Acts. -  It shall be unla\^rful for state actors to resort to EJK
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as herein defined in furtherance of campaign for public order or in the enforcement
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of laws. Killings perpetrated by non-state actors and paramilitary groups in
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furtherance or in support of government campaign for public order is also unlawful
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and prohibited.
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The Anti-EJK Council shall establish programs and promulgate measures to
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ensure that non-state actors who committed EJK are brought to justice.
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Sec. 10. Presumption of Administrative Negligence. -  Except in communities
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affected by armed conflict, the local chief executive and chief of police shall be
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presumed administratively negligent where there is increase in cases of EJK as
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determined by CHR.
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Sec. 11. Preventive Suspension. -  In all police interventions, where death of
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suspected criminals or innocent bystanders occur by reason of use of lethal force, the


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responsible police officer shall automatically be subjected to investigation and 
pre\rentive suspension to be carried out by the Internal Affairs Service of the 
Philippine National Police. Pending this process, issued firearms shall be returned by 
the police officer concerned.
Sec. 12. Penalty. -  The penalty of life imprisonment without the benefit of 
parole shall be imposed upon any public officer, person in authority, agent of a 
person in authority, or private individual found guilty of EJK as defined herein.
Public officials w^ho fail to prevent, investigate, or file necessary actions in 
court against those suspected of having committed EJK shall be administratively 
liable according to applicable laws.
Sec. 13. Imprescriptibility. -  The prosecution for EJK shall not prescribe.
Sec. 14. Compensation for Victims. -  The family of the victim of EJK shall 
have the right to claim for compensation as provided for under Republic Act No. 
7309 or “An Act Creating A Board of Claims Under The Department Of Justice For 
Victims Of Unjust Imprisonment Or Detention And Victims Of Violent Crimes And 
For Other Purposes.” Provided, that in no case shall compensation be any lower than 
Ten Thousand Pesos (Pi0,000.00).
Sec. 15. Implementing Rules and Regulations. -  Within ninety (90) days from 
the effectivity of this Act, the Council shall finalize and promulgate the rules and 
regulations for the effective implementation of this Act.
Sec. 16. Separability Clause. -  If for any reason, a provision is declared invalid, 
other provisions not affected thereby shall remain in full force and effect.
Sec. 17. Repealing Clause. -  All laws, decrees, executive orders, rules and 
regulations contrary' to or inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly.
Sec. 18. Effectivity. -  This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,