FOURTEENTH CONGRESS 
1 
First Regular Session 
1 
REPUBLIC OF THE PHIIJPPLNES 
) 
SENATE BILL NO. 
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Introduced by Senator M. A. Madrigal 
V 
Y 
EXPLANATORY NOTE 
Republic Act 9372, otherwise known as the "Human Security Act of 2007," 
does not guarantee the defeat of terrorism or even its deterrence. It only contains 
sweeping and vague provisions that undermine among other things the right to 
life, the right to freedom of expression and association, the liberty of movement, 
the prohibition against arbitrary detention, and the right to the presumption of 
innocence and fair trial. 
While we recognize the right and duty of the State to self-defense and to 
protect national security, we are also against the use of violence against civilians 
and non-combatants. Concomitant to national security interests is the protection 
of the security of persons under its jurisdiction and to take effective measures 
against acts of terrorism. But national security should not be used as an excuse to 
stifle the freedoms and the human rights guaranteed by the Constitution. 
We agree with the position of Amnesty International that security and 
human rights are not alternatives; they go hand in hand. Respect for human 
rights is the route to security, not an obstacle to it. The route to security is through 
respect for human rights, not their violations. As former UN Secretary-General 
Kofi Annan has stressed: "While we certainly need vigilance to prevent acts of 
terrorism . . . it will be self-defeating if we sacrifice other key priorities - such as 
human rights - in the process." 
Worldwide, there is now growing clamor for either the repeal of or 
modification of existing terrorism laws. This is amplified by the fact that from 
1996 until now, the United Nations has yet to offer a clear definition of terrorism. 
In 2004, India, a country which has faced serious threats from terrorism 
and other forms of political violence, took a significant step forward for human 
rights by repealing its Prevention of Terrorism Act of 2002. 
In a report on India's Anti-Terrorism and Security Law, the Association of 
the Bar of the City of New Yorlc for the Committee on International Human 
Rights said thus: "Attentiveness to these human rights concern is not simply a 
moral and legal imperative, but also a crucial strategic imperative. As the 
Supreme Court of India has recognized, "Terrorism often thrives where human 
rights are violated, and the lack of hope for justice provides breeding gvounds for 
terrorism." 


Current anti-terrorism legislations rely on the same institutions used in 
fighting other crimes - the police or military, the prosecution and the judiciary. 
More often than not, these same institutions have been tainted with corruption 
and doubt and their competency to protect human rights laws seriously 
undermined. If these same institutions are used to confront the so-called menace 
of terrorism, intense pressure will only subject them to commit further abuses. 
To break this cycle of merely legislating offenses without addressing the 
root problem of why terrorism exists, it is necessary to protect human rights and 
adopt a paradigm shift on how we view issues on security. While the State 
combats national security threats and problems, it is also its primordial 
responsibility that it does not violate human rights and humanitarian law 
principles in the process. 
This shift can be done by genuinely adopting the principles of Human 
Rights and Human Security. 
The Philippines in the exercise of its right to self-defense in combating 
transnational crimes such as terrorism cannot and should not sacrifice human 
rights and human security. As reiterated by the UN Security Council, General 
Assembly and Commission on Human Rights (now the Human Rights Council), 
the legitimate fight against terrorist acts must be in full accordance with 
international law, in particular, human rights, humanitarian law and refugee 
law.’ 
In the country’s compliance with its treaty obligations under Terrorism 
and Human Rights conventions, it is mandatory that human rights are 
continually respected and protected. The Philippines ratified the following 
treaties on the suppression of terrorism: the International Convention Against the 
Taking of Hostages (1980); International Convention for the Suppression of 
Terrorist Bombing (2004); International Convention for the Suppression of the 
Financing of Terrorism (2004); International Convention for the Suppression of 
Unlawful Seizure of Aircraft (1973); and International Convention on the 
Prevention and Punishment of Crimes Against International Protected Persons 
(1976). We recognize our State obligation under these treaties in the same way we 
recognize our State obligations under the human rights treaties and instruments 
that we have also ratified. Thus, a balancing of security of concerns and human 
security issues should continually be sought. 
On the one hand, humm rights are universal, inherent, indivisible and 
inter-related. They are rights that what makes us human. They are rights that 
have to be upheld and respected both in times of peace and even in times of war. 
The Philippines has ratified all the major human rights instruments, 
namely the International Covenant on Civil and Political Rights (1986); 
’ See UN Security Council resolution 1456 of20 January 2003; UN General Assembly resolutions 571219 of 
18 December 2002, 581187 of 22 December 2003 and 591191 of 20 December 2004; and UN Commission 
on Human Rights 2003168 of 25 April 2004,2004187 of 2 1 April 2004 and 2005/80 of 21 April 2005. 
2 


International Covenant on Economic, Social and Cultural Rights (1974); 
International Convention on the Elimination of 
All Forms of 
Racial 
Discrimination (1967); Convention on the Elimination of All Forms of 
Discrimination against Women (1981); Convention against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment (1987); Convention on 
the Rights of the Child (1990); and the International Convention on the Protection 
of the Rights of All Migrant Workers and Members of Their Families (1995). 
Moreover, the Philippines is also a State Party to the four Geneva 
Conventions and its Protocol I1 as well as to the Refugee Convention and its 
Protocol. 
On the other hand, human security refers to the security of individuals, as 
opposed to national security, which refers to the security of states. The concept 
grew out of a post-Cold War multi-disciplinary approach involving a number of 
research fields, including development studies, international relations, strategic 
studies and human rights. While traditionalists focus on the defense of the nation- 
state, the individual is the unit of analysis in the study of human security. 
Human security is people-centered. Its focus shifts toward protecting 
individuals. The important dimensions are to entail the well-being of individuals 
and respond to ordinary people’s needs in dealing with sources of threats. The 
means for traditional security is merely protection, but not empowerment. It 
relies on building up national power and military defense. The common forms it 
tales are armament races, alliances, strategic boundaries, etc. Human security is 
the opposite. It empowers people and societies as a means of security. People 
contribute by identifying and implementing solutions to insecurity. 
Human security proponents assert that these traditional measures seem to 
exacerbate the problem over time and only beget further retaliation and 
retribution. They advocate that governments should instead focus on designing 
people-centered interventions to address enduring, underlying problems. Causal 
factors need to be delineated to determine inequalities and ascribe measures to 
achieve equal access to resources and sustainability for all peoples. 
These interventions can take many forms. Human security further 
emphasizes that any intervention needs to address physical, psychological and 
political dimensions of security simultaneously. The psychological aspect to 
human security highlights the fact that too often the violence of a traditional 
military response simply begets further violence. ”To use military means against 
an assortment of criminals and insurgents is simply to provoke and consolidate 
support for those groups.” Instead, sustainable victory in such conflict situations 
means ”to win a battle for the society, for its mindsets and psychologies, to 
address sources of grievance and anxiety, and to shore up institutions of 
governance.” 
This Bill proposes the strengthening of the human rights mechanism in the 
Philippines, the institutionalization of human security concepts as a principle for 
conflict and security management and the eventual balancing of national security 
3 


protection with human rights and human security concerns. 
It is not envisioned that this BiIl will be the panacea to prevent terrorism. 
The intention is to identify and implement the interventions to address its causes. 
The Bill seeks to strengthen the organization and expand the functions of the 
Commission on Human Rights and criminalize human rights and human security 
violations. The objective is straightforward: protect the human rights and human 
security of the Filipino people. 
"- 
4 


FOURTEENTH CONGRESS 
1 
First Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
AN ACT 
PROTECTING THE HUMAN RIGHTS AND HUMAN SECURITY OF THE 
FILIPINO PEOPLE, STRENGTHENING THE ORGANIZATION AND 
EXPANDING THE FUNCTIONS OF THE COMMISSION ON HUMAN 
RIGHTS AND CRIMINALIZING HUMAN RIGHTS AND HUMAN 
SECURITY VIOLATIONS 
Chapter I 
TITLE AND DECLARATION OF STATE POLICIES 
Section 1. Short Title. - This Act shall be known as the "Human Rights Act of 
2007." 
Section 2. Declaration of State Policy. -It is the policy of the State to value the 
dignity of every human person and guarantee full recognition, respect, protection 
and fulfillment of human rights as the means for ensuring the security of its 
people. Towards this end, the State shall adopt human rights and human security 
measures to protect the people from pervasive threats to their rights, safety and 
lives. 
The State shall enact measures to ensure the effective enforcement of the 
State's obligations under its treaty obligations in the following human rights 
treaties: International Covenant on Civil and Political Rights (1986); International 
Covenant on Economic, Social and Cultural Rights (1974); International 
Convention on the Elimination of All Forms of Racial Discrimination (1967); 
Convention on the Elimination of AI1 Forms of Discrimination against Women 
(1981); Convention against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (1987); Convention on the Rights of the Child (1990); 
and the International Convention on the Protection of the Rights of All Migrant 
Worlters and Members of Their Families (1995). 
Such measures shall include conflict management and post-conflict peace- 
building to addressing the roots of conflict by building state capacity and 
promoting equitable economic development. The State shall further advance the 
protection and promotion of human rights, the rule of law, the culture of peace 
and the peaceful resolution of conflicts by adopting interventions that are people- 
centered. 


The State shall also continually recognize and honor existing agreements in 
the peace process particularly the Tripoli Agreement (1976), Comprehensive 
Agreement on the Respect for Human Rights and International Humanitarian 
Law (CARI-IRIHL, 1998) and other agreements that are the product of the peace 
talks with the Mor0 National Liberation Front (MNLF), Mor0 Islamic Liberation 
Front (MILF), Communist Party of the Philippines/New People’s Army/National 
Democratic Front (CNN) and the Revolutionary Proletariat Army (RPA). 
In conflict areas where there are no existing agreements in the conduct of 
hostilities, the State shall respect the applicability of the four Geneva Conventions 
and its Protocol 11. 
To ensure the respect, protection and promotion of human rights, the State 
shall strengthen the organization of the Commission on Human Rights by 
following the Paris Principles on National Human Rights Institutions. 
Chapter I1 
HUMAN RIGHTS 
Section 3. Human Rights, Defined. - For purposes of this Act, human rights will 
be limited to the rights affirmed and recognized in the treaties that have been 
ratified by the Republic of the Philippines in the following instruments: 
International Covenant on Civil and Political Rights (1986); International 
Covenant on Economic, Social and Cultural Rights (1974); International 
Convention on the Elimination of All Forms of Racial Discrimination (1967); 
Convention on the Elimination of All Forms of Discrimination against Women 
(1981); Convention against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (1987); Convention on the Rights of the Child (1990); 
and the International Convention on the Protection of the Rights of All Migrant 
Workers and Members of Their Families (1995). 
The rights affirmed and recognized in the Comprehensive Agreement on 
the Respect for Human Rights and International Humanitarian Law 
(CARHRIHL) shall also be recognized in this Act. 
It shall also include such rights recognized in the Universal Declaration of 
Human Rights (1948) and those found in Article 111 of the 1987 Constitution. 
Section 4. Human Rights Violation. - For purposes of this Act, human rights 
violations will be limited to the violations of civil and political rights enunciated 
in the International Covenant on Civil and Political Rights (ICCPR) and other 
human treaties mentioned in Section 4 of this Act that are civil and political in 
nature and rights found in Article I11 of the 1987 Constitution. 
6 


CHAPTER I11 
CIVIL AND POLITICAL RIGHTS 
Section 5. Recognition and equality before the law. - Everyone is entitled to 
equal protection before the law without distinction of any kind, such as race, 
color, sex, gender, language, religion, political or opinion, national or social 
origin, property or other status. 
Section 6. Right to Life. - Everyone has the inherent right to life. This right is 
protected by law. No one shall be arbitrarily deprived of his life. 
Section 7. Protection from torture, cruel, inhuman or degrading treatment. - No 
one shall be subjected to torture or to cruel, inhuman or degrading treatment or 
punishment. In particular, no one shall be subjected without his free consent to 
medical or scientific experimentation. 
Section 8. Protection of the Family and Children. - 
A. The family is the natural and basic social institution. 
B. Every child shall have the right to be protected, without discrimination or 
distinction of any kind. 
Section 9. Privacy and Reputation. - Eveiyone has the right not to have his 
privacy, family, home or correspondence interfered with unlawfully or 
arbitrarily; and not to have his reputation unlawfully attacked. 
Section 10. Freedom ofMovement. - Everyone shall have the right to move freely 
in the country and to leave it, and the freedom to choose his residence. 
Section 11. Freedom of thought, conscience, religion and belief. - 
A. Everyone shall have the right to freedom of thought, conscience, and 
religion. This right includes: 
1. The freedom to have or adopt a religion or belief of his or her choice; 
and 
2. The freedom to demonstrate his or her religion or belief in worship, 
observance, practice and teaching, either individually or as part of a 
community and whether in public or private. 
8. No one shall be coerced in a way that would limit his freedom to have or 
adopt a religion or belief in worship, observance, practice or teaching. 
Section 12. Peaceful Assembly and Freedom of Association. - Everyone shall 
have the right to peaceful assembly and freedom of association. 
7 


Section 13. Freedom of Expression. - Everyone has the right to freedom of 
expression and to hold opinions without interference. This right includes the 
freedom to seek, receive and impart information and ideas of all kinds, regardless 
of borders, whether orally, in writing or in print, by way of art, or in another way 
chosen by him. 
Section 14. Taking part in public life. - Everyone has the right and to have the 
opportunity, to: 
A. Take part in the conduct of public affairs, directly or through freely chosen 
B. Vote and be elected at periodic elections, provided under the constitution 
C. Have access on general terms of equality, for appointment to the public 
representatives; 
and other laws; and 
service and public office. 
Section 15. Right to liberty and security of person. - 
A. Everyone has the right to liberty and security of person. No one shall be 
arbitrarily arrested or detained. 
8. No one may be deprived of liberty without due process of law. 
C. The rights of persons arrested, detained or under custodial investigation as 
provided for in Republic Act 7438 shall be respected at all times. 
D. Anyone who has been unlawfully arrested or detained shall have the right 
to compensation for the arrest or detention. 
E. No one shall be imprisoned only because of an outstanding debt. 
F. No one shall be labeled, arrested, detained, or imprisoned by reason of 
one’s political or religious belief. 
Section 16. Humane Treatment when deprived of liberty. - 
A. Anyone deprived of liberty must be treated humanely and with respect for 
the inherent dignity of the human person. 
B. An accused person must be segregated from convicted people. 
Section 17. Fair Trial. - Everyone has the right that when faced with criminal 
charges, to have his rights and obligations recognized by law, and that such 
charges shall be decided by a competent, independent and impartial court or 
tribunal after a fair and public hearing. The press and the public may be excluded 
from all or part of a trial - 
8 


A. To protect morals or public order; 
B. If the interest of the private lives of the parties require the exclusion; or 
C. If, and to the extent that, exclusion is strictly necessary, in special 
circumstances of the case, because publicity would otherwise prejudice the 
interests of justice. 
Section 18. Compensation for wrongfill conviction. - 
A. This section applies if 
1. Anyone is convicted by a final decision of a criminal offense; 
2. The person suffers punishment because of the conviction; and 
3. The conviction is reversed, or he or she is pardoned, on the ground that 
a new or newly discovered fact shows conclusively that there has been 
a miscarriage of justice. 
B. If 
this section applies, the person wrongfully convicted shall be 
compensated according to law. 
Section 19. Right not to be tried or punished more than once. - No one may be 
tried or punished for an offense for which he has already been finally convicted 
or acquitted in accordance with law. 
Section 20. Retrospective criminal laws. - No one shall be held guilty of a 
criminal offense because of a conduct that was not criminal under existing laws 
when it was committed. 
Section 21. Freedomfiomforced work. - 
A. No one shall be held in slavery or involuntary servitude; and 
B. No one shall be made to perform forced or coinpulsory labor. 
Section 22. Rights of Indigenous, Religious or Linguistic Groups. - Any one 
who belongs to an indigenous, religious or linguistic group shall not be denied of 
his right to his culture, to declare and practice his religion and to use his own 
language. 
9 


CHAPTER IV 
STRENGTHENING THE ORGANIZATION AND EXPANDING THE 
FUNCTIONS OF THE COMMISSION ON HUMAN RIGHTS 
Section 23. Composition of the Commission on Human Rights. - The strict 
application, enforcement and monitoring of the rights provided for in Chapter I11 
of this Act shall be vested in the Commission on Human Rights. 
A. The Commission on Human Rights shall be composed of a Chairperson 
and four Members who must be natural-born citizens of the Philippines, at 
least thirty years of age, holders of a college degree, of proven 
independence, integrity and competence, and have been consistently 
involved in human rights promotion and protection activities. 
1. The Chairperson and two Members of the Commission shall be 
members of the Philippine Bar whose field of expertise and practice is 
human rights law. 
2. At least one member of the Commission shall come from- a Non- 
Government Organization whose advocacy is in the field of human 
rights. 
3. No candidate in any election shall, within one year after such election, 
be appointed Chairperson or Member. 
4. In choosing the composition of the Commission, regional and cultural 
diversity as well as gender balance shall be taken into consideration. 
The choice of membership will give primordial consideration to 
independence and pluralism of the Commission’s composition. 
8. The Chai~rperson and the Members shall be appointed by the President 
with the consent of the Commission on Appointments for a term of seven 
(7) years without reappointment. Appointment to any vacancy shall be 
only for the unexpired portion of the term of the predecessor. In no case 
shall any Member be appointed or designated in a temporary or acting 
capacity. 
C. The Chairperson and the Members shall not, during their tenure, hold any 
office or employment. Neither shall they engage in the practice of any 
profession or in the active management or control of any business which in 
any way may be affected by the functions of their office, nor shall they be 
financially interested, directly or indirectly, in any contract with, or in any 
franchise or privilege granted by, the Government, any of its subdivisions, 
agencies, or instrumentalities, including government-owned or controlled 
corporations or their subsidiaries. 
10 


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


the subject, with due respect for their independence; 
F. To encourage ratification or accession of human rights and humanitarian 
law instruments, and to ensure their implementation; 
G. To cooperate with the United Nations and any other agency in the United 
Nations system, the regional institutions of other countries which are 
competent in the areas of the protection and protection of human rights; 
H. Adopt its operations guidelines and rules of procedure, and cite for 
contempt violations thereof in accordance with the Rules of Court; 
I. Provide appropriate legal measures for the protection of human rights of 
all persons within the Philippines, as well as Filipinos residing abroad, and 
provide for preventive measures and legal aid services to the 
underprivileged whose human rights have been violated or need 
protection; 
J. Exercise visitorial powers over jails, prisons or detention facilities; 
K. Establish a continuing program of research, education, and information to 
enhance respect for the primacy of human rights; 
L. Recommend to Congress effective measures to promote human rights and 
to provide for compensation to victims of violations of human rights or 
their families; 
M. Grant immunity from prosecution to any person whose testimony or 
whose possession of documents or other evidence is necessary or 
convenient to determine the truth in any investigation conducted by it or 
under its authority; 
N. Request the assistance of any department, bureau, office or agency in the 
performance of its functions; 
0. Appoint its officers and employees in accordance with law; 
P. Act as the principal office that shall undertake and monitor the peace 
process with parties in conflict with the Government of the Republic and 
intervene in conflict areas by ensuring that both the government forces and 
the armed groups are strictly adhering to the Geneva Conventions and its 
applicable Protocols should there be no existing human rights and 
humanitarian law agreement between the warring parties; and 
Q. Perform such other duties and functions as may be provided by law. 
Section 25. Structural Organization. - The Commission shall have the foIlowing 
line and staff offices: 
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A. Office of the Executive Director. - This Office shall be responsible for 
managing the day-to-day affairs, activities and operation of 
the 
Commission, in accordance with its policies and instructions; it shall have 
general supervision over all line and staff offices, regional offices, and 
personnel; and it shall perform such other duties and functions as the 
Commission may assign to it. 
It shall be headed by ail Executive Director appointed by the President 
with the consent of the Commission on Appointments, who shall be a 
member of the Philippine Bar with proven integrity and competence and 
has been in the actual practice of law for at least five (5) years prior to his 
appointment and has consistently been involved in human rights 
protection and promotion activities. He shall have the rank and salary of a 
department undersecretary. 
8. Education, Training and Information Office. - This Office shall 
implement the programs for research, education and information to 
enhance respect for human rights, particularly the education and training 
programs provided in Section 24 of this Act, and perform such other 
duties and functions as the Commission may assign to it. 
It shall be headed by a Director appointed by the President with the 
consent of the Commission on Appointments, who shall be a holder of a 
college degree in education, mass communication, or in a related field, 
with proven integrity and competence and has been in the actual practice 
of his profession for at least five (5) years prior to his appointment or has 
held during such period any position in the government requiring the 
qualifications of his profession, and has consistently been involved in 
human rights promotion and protection activities. He shall have the rank 
and salary of an Assistant Secretary. 
C. Legal Office. - This Office shall investigate complaints of human rights 
violations; conduct preliminary investigation to determine the existence of 
a prima facie case for possible prosecution; provide other legal services to 
the Commission; provide legal aid services to victims of human rights 
violations; conduct periodic visits to the national penitentiary and penal 
colonies, detention facilities, and provincial, city or municipal jails; and 
perform such other duties and functions as the Commission may assign to 
It. 
It shall be headed by a Director appointed by the President with the 
consent of the Commission on Appointments, who shall be a member of 
the Philippine Bar with proven integrity and competence and has been in 
the actual practice of law for at least five (5) years prior to his appointment 
and has been consistently involved in human rights protection and 
promotion activities. He shall have the rank and salary of an Assistant 
Secretary. 
13 


D. Prosecution Office. - This Office shall serve as the prosecution arm of the 
Commission. It shall ,assist the Commission in the prosecution of 
violations of human rights, as provided in Section 24 of this Act, and 
perform such other duties and functions as the Commission may assign to 
it. It shall be composed of fifteen (15) Human Rights Prosecutors 
appointed by the President with the consent of the Commission on 
Appointments, who shall be members of the Philippine Bar with proven 
integrity and competence and have been in the actual practice of law for at 
least five (5) years prior to their appointment and have been consistently 
involved in the human rights protection and promotion activities. They 
shall have the rank and salary of Senior State Prosecutors. 
The Commission shall assign one Human Rights Prosecutor in each 
administrative region. This Office shall be headed by the Chief Human 
Rights Prosecutor appointed by the President with the consent of the 
Commission on Appointments, who shall have the qualifications, rank 
and salary of the Director of the Legal Office. 
E. Regional Offices. - The Commission shall establish and maintain a 
regional office in each of the administrative regions, which shall exercise 
the powers and perform the functions of the Commission in the provinces, 
cities and municipalities, and barangays in the region, and perform such 
other duties and functions as the Commission may assign to regional 
offices. It shall be headed by a Regional Director appointed by the 
President with the consent of the Commission on Appointments, who shall 
be a holder of a college degree with proven integrity and competence, and 
has consistently been involved in human rights protection and promotion 
activities. 
He shall have the rank and salary of an Assistant Secretary. 
Human rights promotion officers in all departments, bureau, offices, 
agencies, subdivisions and instrumentalities of the Government including 
government owned or controlled corporations, who shall be chosen on the 
basis of their education, training and experience, and attitude on human 
rights, upon the recommendations of their office heads. They shall 
coordinate the activities of human rights advocates; participate in human 
rights research, education and training, and information programs, 
projects and activities; protect and promote human rights and encourage 
respect for human dignity; monitor reports of human rights violations; and 
perform such other duties as the Commission or the Regional Director may 
assign to them from time to time. All human rights promotion officers shall 
undergo orientation and training on human rights before entering upon 
the performance of their duties. 
14 


F. Education and Training Programs. - 
1. At every level of formal education, the Department of Education, in 
coordination with the Commission, shall require private and public 
schools, including State colleges and universities, to offer courses 
designed to inculcate in the minds and hearts of the youth the need to 
respect human dignity and to protect and promote human rights. 
Similar courses shall likewise be included in the non-formal education 
program. 
2. The Civil Service Commission, the Civil Service Academy and the 
Development Academy of the Philippines, in coordination with the 
Commission, shall include a course design on human rights in their 
training programs for civil service officers and employees and for 
Career Executive Officers. 
3. The Department of National Defense, the Armed Forces of the 
Philippines, the National Defense College, and the Philippine Military 
Academy and other military training schools, in Coordination with the 
Commission, shall include the study of human rights in their programs 
for the education and training of all military officers and enlisted men, 
in the reserve or active service, especially of arresting or investigating 
officers and agents, prison or jail guards, and other personnel assigned 
to the national penitentiary or penal colonies, detention facilities, and 
prisons or jails. 
4. The Philippine National Police, the National Police Academy of the 
Philippines, the National Police Commission, and the provinces, cities, 
and municipalities, in coordination with the Commission, shall include 
the study of human rights in their programs for the education and 
training of police officers, policemen and firemen, jail or prison guards, 
and other personnel in charge of or assigned to the national 
penitentiary or penal colonies, detention facilities, and provincial, city 
or municipal jails, and private security guards (blue guards), as the case 
may be. 
5. The Department of Justice particularly the National Prosecution 
Service, the National Bureau of Investigation, the Bureau of Prisons, the 
Bureau of Immigration and Deportation, the Public Attorney’s Office, 
and the Office of the Ombudsman and the Office of the Special 
Prosecutor, in coordination with the Commission, shall include the 
study of human rights in their programs for the training and 
investigating or arresting officers or agents, jail or prison guards, and 
other personnel in charge of or assigned to the national penitentiary 
and penal colonies,, detention facilities, and provincial, city or 
municipal jails. 
15 


6. The Department of Finance particularly the Bureau of Customs, the 
Bureau of Internal Revenue, and the Finance Intelligence and 
Investigation Bureau, and other agencies or offices whose agents are 
authorized to conduct investigations and make arrests, shall, in 
coordination with the Commission, include the study of human rights 
in their programs for the training of investigating or arresting officers 
and agents, and personnel in charge of detention facilities. 
7. The Supreme Court, through its Philippine Judicial Academy (PHILJA) 
in coordination with the Commission shall include lectures on human 
rights in its career. development program for judges and court 
personnel. 
8. The Commission shall, in coordination with the commissions, 
departments, bureaus, and local governments concerned, conduct 
seminars on human rights for detention and convicted prisoners and 
inmates of the national penitentiary and penal colonies, detention 
facilities, and provincial, city and municipal jails, at least once a year for 
each of those facilities. 
9. The education and training programs herein prescribe, among others, 
the teaching or lectures on the following subjects: 
a. Bill of Rights and other provisions of the Constitution on human 
rights; 
b. Crimes against the fundamental laws of the State, offenses or 
irregdarities of public officers, and crimes against personal liberty; 
c. Offenses punished in special penal laws, including that committed by 
any public officer or employee or anyone acting under his orders or 
in his place, who shall obstruct, prohibit, or otherwise prevent an 
attorney entitled to practice in the courts of the Philippines from 
visiting and conferring privately with a person arrested (R.A. 857, as 
amended); 
d. Provision of the Administrative Code directing the Bureau of Prisons 
to supply a national prisoner, upon his release, with transportation 
to his home including a gratuity to cover the probable cost of 
subsistence in route, and a set of clothes; 
e. Human Relations provisions of the New Civil Code providing that 
any person suffering material or moral loss because a public servant 
or employee refuses or neglects, without just cause, to perform his 
official duty may file an action for damages and other relief against 
the latter, without prejudice to any disciplinary administrative action 
that may be taken (Article 27); or providing that any public officer or 
employee, or any private individual, who directly or indirectly 
16 


obstructs, defeats, violates or in any manner impedes or impairs any 
of the civil and political rights and liberties of another person shall 
be liable to the latter for damages (Article 32); or providing that 
when a member of a city or municipal police force refuses or fails to 
render aid or protection to any person in case of danger to life of 
property, such peace officer shall be primarily liable for damages, 
and the city or municipality shall be subsidiarily responsible 
therefore (Article 34); 
f. Rules for the treatment of prisoners provided in the Department of 
Justice Manual on the general rules, policies and operating 
procedures adhered to in the prison service; and 
g. The Universal Declaration of Human Rights and the other human 
rights treaties and conventions that the Philippines has ratified but 
not limited to: International Covenant on Civil and Political Rights 
(1986); International Covenant on Economic, Social and Cultural 
Rights (1974); International Convention on the Elimination of All 
Forms of 
Racial Discrimination (1967); Convention on the 
Elimination of All Forms of Discrimination against Women (1981); 
Convention against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (1987); Convention on the Rights of the 
Child (1990); and the International Convention on the Protection of 
the Rights of All Migrant Workers and Members of Their Families 
(1 995). 
The Commission shall avail of the facilities and services of the Philippine 
Information Agency (PIA), National Printing Office, and other government 
information agencies in the preparation, publication or reproduction of 
education and training materials, and in the dissemination of information 
on human rights. 
The completion of the education or training program herein prescribed 
shall be considered by the appointing authority and the Civil Service 
Commission in the appointment or promotion of said officers, agents, jail 
or prison guards, and other personnel, or in their continuance in the 
service if they are temporary or casual employees. 
Section 26. Investigation and Prosecution of Human Rights Violations. - 
A. The Commission shall investigate all violations of human rights, whether 
or not they constitute any crime or offense, including violations of human 
rights recognized in the Universal Declaration of Human Rights and the 
following human rights treaties: International Covenant on Civil and 
Political Rights (1986); International Covenant on Economic, Social and 
Cultural Rights (1974); International Convention on the Elimination of All 
Forms of Racial Discrimination (1967); Convention on the Elimination of 
All Forms of Discrimination against Women (1981); Convention against 
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Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
(1987); Convention on the Rights of the Child (1990); and the International 
Convention on the Protection of the Rights of All Migrant Workers and 
Members of Their Families (1995). 
B. Where a violation of human rights constitutes any of the crimes against the 
fundamental law of the State, or offenses or irregularities of public officers, 
or crimes against personal liberty, defined and punished in the Revised 
Penal Code, including but not limited to arbitrary detention (Art. 124), 
delay in the delivery of detained persons to the proper judicial authorities 
(Art. 125), delaying release (Art. 126), expulsion (Art. 127), violation of 
domicile (Art. 128), search warrants maliciously obtained and abuse in the 
service of those legally obtained (Art. 129), searching domicile without 
witnesses (Art. 130), prohibition, interruption and dissolution of peaceful 
meetings (Art. 131 and BP 880), maltreatment of prisoners (Art. 235), 
abuses against. chastity (Art. 245), kidnapping and serious illegal detention 
(Art. 267), slight illegal detention (Art. 268), and unlawful arrest (Art. 269), 
or where such violation constitutes any of the offenses punished by special 
laws, including Republic Act No. 857, as amended, punishing any public 
officer or employee or anyone acting under his orders or in his place, who 
shall obstruct, prohibit, or otherwise prevent a lawyer entitled to practice 
in the courts of the Philippines from visiting or conferring privately with a 
person arrested, and the compIaint therefore is filed with the Commission 
or any of its duly authorized representative shall conduct a preliminary 
investigation thereof and, upon its finding of the existence of a prima facie 
case, the Commission shall direct its Prosecution Office to file the 
necessary information with the proper civil court, regardless of whether or 
not the accused is in the military or police service. The resolution of said 
representative dismissing the said complaint shall be appealable to the 
Commission within fifteen (15) days after receipt thereof by the 
Complainant. The Commission shall resolve such appeal within fifteen (15) 
days after receipt thereof. 
1. Where a complaint for any violation of human rights, described in the 
next preceding paragraph, is first filed with the Commission or with 
any of its duly authorized representatives, the Commission shall have 
the sole authority to investigate and prosecute the same. 
2. Where the Commission prosecutes any of the crimes and offenses 
specified in paragraph (2) hereof, it shall likewise have the authority to 
prosecute all other crimes and offenses committed in connection 
therewith or on the occasion thereof. The conduct of such prosecution 
shall be under the direction and control of the Commission. 
3. Pertinent provisions of the Rules of Court particularly Rules 110, 111, 
and 112 shall govern the prosecution of offenses and civil action, and 
the preliminary investigation conducted by the Commission or its duly 
authorized representatives. 
1% 


Section 27. Human Rights Clearance. - All public officers and their agents are not 
eligible for promotion and appointment unless they obtain a human rights 
clearance from the Commission. 
No person who has been convicted of a human rights violation or who has 
a pending case before any Court constituting a human rights violation will be 
given a human rights clearance by the Commission. 
Section 28. Appropriations. - The approved annual appropriations of the 
Commission shall be automatically and regularly released. In addition to the 
appropriations for the Commission in the current calendar year’s General 
Appropriations Act, such sum as shall be necessary to implement the provisions 
of this Act shall be included in the General Appropriations Act for the ensuing 
calendar year. 
CHAPTER V 
GENERAL PROVISIONS 
Section 29. Implementing Rules and Regulations. - The Commission shall have 
the power to issue rules and regulations to implement this Act. 
Section 30. Congressional Oversight. - A special congressional oversight on 
human rights and human security shall be created by Congress to exercise 
oversight functions over the implementation of this Act. 
Section 31. Repealing Clause. - All other laws, decrees, executive orders, 
proclamations, and administrative regulations inconsistent with the provisions of 
this Act are hereby amended, modified or repealed accordingly. 
Section 32. Separability Clause. - In the event that any provision of this Act is 
declared unconstitutional, such declaration shall not affect the validity of the 
other provisions. 
Section 33. Efsectivity Clause. - This Act shall take effect fifteen (15) days after its 
complete publication in a newspaper of general circulation. 
Approved, 
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