EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S E N A T E 
No. 
9 4 3
O rn a te
^ ic f  o( tilt *>rcrMarj>
*19 
AUG 20 P 3  2 3
RECfclVi. D b .'.____ ( P  
~
Introduced by Senator Grace Poe
AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED 
PERSONS, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES
Explanatory Note
Internally displaced persons (IDPs) are "persons or groups of persons who 
have been forced or obliged to flee or to leave their homes or places of habitual 
residence, in particular as a result of or in order to avoid the effects of armed 
conflict, situations of generalized violence, violations of human rights or natural or 
human-made disasters, and who have not crossed an internationally recognized 
State border."1
Internal displacement is a perennial problem in our country. In the clash 
between the military and local terrorist groups that erupted in Marawi City last 23 
May 2017, National Disaster Risk Reduction and Management Council (NDRRMC) 
Executive Director and Office of Civil Defense (OCD) Chief Ricardo Jalad confirmed 
that the number of internally displaced persons (IDPs) from Lanao del Sur has 
reached 324,406 or 66,738 families as of June 14, 2017.2
1 United Nation Economic and Social Council (ECOSOC). Report of the Representative of the Secretary- 
General, Mr. Francis M. Deng, submitted pursuant to Commission resolution 1997/39. Addendum- Guidelines 
on 
Internal 
Displacement. 
E/CN.4/1998/53/Add.2 
Retrieved 
from 
https;//documents-dds- 
ny.un.org/doc/UNDOC/GEN/G98/104/93/PDF/G9810493.pdf?OpenElement Accessed 07/05/16.
2 Philippine Information Agency. (June 16, 2017). Gov't assures swift action to aid IDPs from Marawi. 
Retrieved from http://news.pia.gov.ph/article/view/2131497538439/gov-t-assures-swift-action-to-aid-idps-from- 
marawi


IDPs are not protected under international law. 
Reports submitted to the 
United Nation Economic and Social Council (ECOSOC) on this topic state that "while 
existing law covers many aspects of particular relevance to internally displaced 
persons, there remain areas in which the law fails to provide sufficient protection for 
them."3
As a remedy, the Guiding Principles on Internal Displacement were submitted 
to the ECOSOC. The Guiding Principles state that "(n)ational authorities have the 
primary duty and responsibility to provide protection and humanitarian assistance to 
internally displaced persons within their jurisdiction."4 5 
An increasing number of 
States, United Nations agencies and regional and non-governmental organizations 
are applying them as a standard.
This proposed measure seeks to provide a legal framework for the promotion 
and protection of IDPs in accordance with the abovementioned international 
standards. Furthermore, this bill seeks to ensure that IDPs in the country are 
accorded the human dignity which the Constitution guarantees them and which they 
fully deserve. It should be remembered that "human rights" under the Constitution 
are guarantees of social justice and human dignity to all Filipinos. This is manifested 
most notably in Article XIII, which is entitled "Social Justice and Human Rights", the 
first section of which declares: "The Congress shall give highest priority to the 
enactment of measures that protect and enhance the right o f all the people to 
human dignity.,B
3 United Nation Economic and Social Council (ECOSOC). Report of the Representative of the Secretary-
General Mr. Francis Deng, submitted pursuant to Commission on Human Rights resolution 1997/39. 
Compilation and Analysis of Legal Norms, Part II: Legal Aspects Relating to the Protection against Arbitrary 
Displacement. 
Retrieved 
from 
https ://documents-dds-
ny.un.org/doc/UNDOC/GEN/G98/104/87/PDF/G9810487.pdf?OpenElement Accessed 07/05/16
4 ECOSOC. Guiding Principles.
5 Article XIII, Section 1, 1987 Philippine Constitution.


This bill embodies the previous discussions and consultations until the 16th 
Congress. It has also addressed the perceived legal and policy infirmities v\/hich 
caused a prior version of this bill to be vetoed by the President.6
Immediate approval of this bill is eagerly sought.
7s
GRACE POE
6 Official Gazette. Veto Message of President Aquino on Senate Bill No. 3317 and House Bill No. 5627. 
Retrieved from http://www.gov.ph/2013/05/24/veto-message-of-president-aquino-on-senate-bill-no-3317-and- 
house-bill-no-5627/ Accessed 07/05/16


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
S. No. 94o
.pf 
S enate
of tl)f ^rrrrtarp
'I f  
AUG 20 
P 3 ^ 3
Introduced by Senator Grace Poe
RECEIVED BV
AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED 
PERSONS, APPROPRIATING FUNDS THEREFORE,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. -  This Act shall be known as the "Rights o f Internally
2 
Displaced Persons Act" or the. "RIDPA".
3 
Sec. 2. Declaration o f Principles and State Policies. -  Consistent with the
4 
principles of 
the Constitution, international human rights and humanitarian
5 
standards including the United Nations' Guiding Principles on Internal Displacement
6 
(UNGPID), international treaties adhered to by the Philippines, and existing
7 
Philippine laws such as Republic Act No. 9851, otherwise known as the Philippine Act
8 
on Crimes Against International Humanitarian Law, Genocide, and other Crimes
9 
against Humanity, it is hereby declared 
a State policy to adopt a rights-based
10 
approach for the promotion and protection of the rights of internally displaced
11 
persons in situations of armed conflict; generalized and/or organized violence; clan
12 
wars; violations of human rights; implementation of development projects; or
13 
natural or human-made hazards or disasters.
14 
The rights and obligations herein shall not be interpreted as restricting,
15 
modifying, or impairing the provisions of any international human rights or
16 
international humanitarian law treaties or declarations, or rights granted to persons
17 
under domestic law.


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The State shall harmonize all legal measures pertinent to "Internally Displaced 
Persons or group of persons" (IDPs), and ensure that such are consistent with this 
Act.
Sec. 3. Definition o f Terms. -  As used in this Act:
a) 
Armed Confiict- refers to any use of force or armed violence between 
States 
or 
a 
protracted 
armed 
violence 
between 
governmental 
authorities and organized armed groups or between such groups within 
a State; Provided, That such force or armed violence gives rise, or may 
give rise, to a situation to which the Geneva Conventions of 12 August 
1949, including their common Article 3, apply. Armed conflict may be 
international, that is, between two (2) or more States, including 
belligerent 
occupation; 
or 
non-international, 
that 
is, 
between 
governmental authorities and organized armed groups or between such 
groups within a State. It does not cover internal disturbances or 
tensions such as riots, isolated and sporadic acts of violence or other 
acts of a similar nature.
b) 
dan War - refers to any conflict that may arise between members of 
different indigenous groups, indigenous cultural communities or clans, 
or between and among members of the same indigenous group, 
cultural community or clan.
c) 
Collective Punishment - refers to a situation in which a group of people 
are punished due to acts or omissions, whether real or perceived, of 
one or several members of the group.
d) 
Generalized and/or organized violence - refers to the purposeful and 
systematic use of terror and brutality to control individuals, groups and 
communities, 
through 
the 
use 
of 
overwhelming 
force, 
and 
characterized by widespread, massive or sufficient intensity.
e) 
Implementation o f deveiopmentprojects - refers to the carrying out of 
any undertaking or activity aimed at economic or political growth, 
advancement and expansion that results or may result to arbitrary 
internal displacement of persons: Provided, that the term does not 
include legitimate resettlement schemes and/or programs.


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f) 
Internal displacement - refers to the involuntary or coerced movement 
or relocation of persons, families, or communities from their homes or 
places of habitual residence within the national borders, as a result of 
or in order to avoid or minimize the effects of armed conflict; situations 
of generaiized and/or organized violence; violations of human right; 
impiementation of development projects; or natural or human-induced 
or human-made hazards or disasters.
g) 
Internally displaced person or group o f persons (IDP) - refers to any 
person or group of persons who has or have been forced or obliged to 
flee or to leave their homes or places of habitual residence within the 
national borders, as a result of or in order to avoid or minimize the 
effects of armed conflict, situations of generaiized and/or organized 
violence, violations of human rights, implementation of development 
projects, or natural and human-induced or human-made hazards or 
disasters.
h) 
Order o f Battle/Watchlist - refers to a document or an organizational 
tool used by military or law enforcement agencies that, inter alia, lists 
persons or organizations perceived as being hostile to the State, the 
Government or the Armed or Police Forces, or to any document made 
by non-state actors, whether natural or juridical, listing the names of 
persons and organizations, that are perceived to be obstacles to such 
non-state actor, and making those in such list vulnerable to arbitrary 
internal displacement.
Sec. 4. Scope. -T h is Act shall primarily provide for the protection of rights of 
IDPs during and after displacement, as well as their return, local integration or 
settlement elsewhere. This Act shall likewise cover arbitrary internal displacement of 
civilians as a result of or in order to avoid the effects of armed conflict; violations of 
human rights; implementation of development projects; or natural or human- 
induced or human-made hazards or disasters. To address the risks involved in 
natural hazards or disasters, and the overall impact of climate change on the rights 
of those internally displaced, due reference shall be made to the pertinent provisions 
of other relevant laws such as Republic Act No. 9729, otherwise known as the


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Climate Change Act of 2009, and Republic Act No. 10121, otherwise known as the 
Philippine Disaster Risk Reduction and Management Act of 2010, and other related 
laws.
Sec. 5. Primary Duty to Protect the IDPs. -  National authorities and Local 
Government Units (LGUs) have the primary duty and responsibility to provide 
protection and humanitarian assistance to internally displaced persons within their 
jurisdiction, in accordance with their obligations under international law, including 
human rights law and humanitarian law, so as to prevent and avoid conditions that 
might lead to arbitrary internai displacement of persons.
Sec. 6. Rights o f IDPs. -  All IDPs shall enjoy human rights in accordance with 
the Philippine Constitution and related laws without discrimination of any kind. In 
particular, they shall enjoy the following rights:
a) 
Access to Basic Necessities. - At the minimum, and with special 
attention to gender sensitivity, IDPs shall have the basic right to food, 
shelter 
and 
clothing. 
Competent 
authorities 
shall 
provide 
the 
aforementioned 
basic 
rights with 
due 
respect to 
the 
cultural 
sensitivities and religious beliefs of IDPs.
b) 
Heaith and Education-.
1) 
IDPs shall be entitled to access, to the fullest extent practicable, 
health services and with the least possible delay. Special 
attention shall be provided to the health needs of women, 
children and the elderly and the prevention of contagious and 
infectious diseases among IDPs.
2) 
IDP 
children 
shall 
receive 
free 
and 
compulsory 
primary 
education at a minimum.
c) 
Freedom o f Movement - Every IDP has the right to liberty of 
movement in and out of any evacuation center, transitory sites or other 
settlements, subject to its existing rules and regulations. Moreover, 
they shall be protected against forcible return or resettlement in any 
place where their lives, safety, liberty and/or health would be at risk.
d) 
Recognition, 
Issuance and Repiacement o f Documents. 
- The 
authorities concerned shall facilitate the issuance to the IDPs all


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documents necessary for the enjoyment and exercise of their legal 
rights, including new documents or the replacement of documents lost 
in the course of displacement, without imposing 
unreasonable 
conditions.
e) 
Family Reunification, Missing Persons and Deceased. - Competent 
authorities shall provide conditions to expedite family reunification, 
search of missing persons and collection and identification of remains 
of the deceased, with due respect to cultural sensitivities and religious 
beliefs.
f) 
Security and Protection. -  Competent authorities shall take necessary 
measures to ensure that IDPs are received, without discrimination of 
any kind and live in satisfactory conditions of safety, dignity and 
security. Special protection and assistance must be provided for IDPs 
with special needs, including separated and unaccompanied children, 
women, expectant mothers, mothers with young children, the elderly, 
and persons with disabilities or with communicable diseases.
g) 
Property and Possessions. - The property and possessions of IDPs 
shall, in all circumstances, be protected against pillage or looting, direct 
and indiscriminate attacks or other acts of violence, being used to 
shield military operations or objectives, being made the object of 
reprisal, being destroyed or appropriated as a form of 
ment, and 
destruction, arbitrary and illegal appropriation, occupation or use. The 
LGU exercising territorial jurisdiction over the affected area/s, with the 
assistance of the national Government, shall endeavor to facilitate the 
transportation of such property and possessions of IDPs, in a safe and 
secure area, during and after displacement, subject to logistical 
considerations.
h) 
Right to participation. -  The IDPs shall have the right to actively 
participate in the planning and management of their displacement 
situation as well as return, local integration or settlement elsewhere. In 
addition, IDPs shall be provided with conditions to facilitate the 
exercise of their right to political participation.


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i) 
Right to request protection and humanitarian assistance. -  The IDPs
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have the right to request for protection and humanitarian assistance
3 
from national and 
local authorities. They shall 
not be punished 
or
4 
persecuted for such acts.
5 
j) 
Civii or Administrative Liabilities. - Any IDP shall be entitled to claim
6 
and be awarded civil damages from any public officer or employee, or
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any private person, who directly or indirectly obstructs, defeats,
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violates, or in any manner impedes or impairs any of the above rights
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and liberties. Any public officer shall be administratively liable for the
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same acts.
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Sec. 7. Applicability o f the Revised Pena! Code and Special Pena! Laws. -  An
12 
Order of Battle/Watchlist, or any document of similar nature issued by the military,
13 
any law enforcement agency of the government, or any armed group, including non-
14 
state actors, shall not justify crimes against IDPs and shall subject the perpetrators
15 
to the penalties provided under the applicable provisions of the Revised Penal Code
16 
and special laws.
17 
Criminal offenses and unlawful acts, if found to be committed against any IDP
18 
in the course of or during displacement, shall be penalized one degree higher than
19 
that provided by the Revised Penal Code and other special penal laws with respect
20 
to those acts.
21 
Sec. 8. Assistance During Displacement o f IDPs. -  The primary duty and
22 
responsibility, for providing humanitarian assistance to IDPs lie with national
23 
authorities and with the LCDs exercising territorial jurisdiction over the affected
24 
areas. As such, existing mechanisms set up under Republic Act No. 10121 and
25 
relevant line agencies shall provide immediate relief and humanitarian assistance to
26 
IDPs, families and communities.
27 
Sec. 9. Early Recovery Plan. -T h e  LGUs exercising territorial jurisdiction over
28 
the affected area/s shall craft an early recovery plan, in consultation with the IDPs.
29 
Sec. 10. Return, Local Integration or Settlement Elsewhere. -  Competent
30 
national and local authorities shall have the primary duty and responsibility to
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establish conditions and provide means for IDPs to return voluntarily, in safety and
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with dignity, to their homes or places of habitual residence, or to locally integrate or


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to settle voluntarily in another part of the country, taking into consideration the right 
of IDPs to choose a residence, and with due respect to the cultural heritage and 
traditions of Indigenous Peoples.
Said authorities shall ensure prior consultations and the full participation of 
IDPs, during and after the planning and management of their return, local 
integration, or settlement elsewhere.
Sec. 
11. 
Mechanisms 
for International 
Humanitarian 
Assistance. 
-  
International humanitarian organizations, their local counterparts, and other 
appropriate actors shall have the right to offer their services, including humanitarian 
assistance, in support of IDPs. Relevant coordination mechanisms, where existing, 
with international humanitarian organizations shall facilitate the timely provision of 
humanitarian assistance to IDPs.
The importation and donation of food, clothing, medicine and equipment 
necessary for relief and assistance of IDPs are hereby authorized in accordance with 
Section 800 of Republic Act No. 10863, otherwise known as the Customs 
Modernization and Tariff Act, as regards national internal revenue taxes and import 
duties of national and local government agencies, and the prevailing provisions of 
the General Appropriations Act (GAA).
Sec. 12. Non-Monetary Reparation. -  The Department of Health (DOH), the 
Department of Social Welfare and Development (DSWD), the Department of 
Education (DepEd), the Commission on Higher Education (CHED), the Technical 
Education and Skills Development Authority (TESDA), and such other agencies, shall 
render necessary services as non-monetary reparation for IDPs and their families 
pursuant to the provisions of this Act.
Sec. 13. Roie o f the National Disaster Risk Reduction and Management 
Council (NDRMMC) and Line Agencies. -  The NDRRMC and government line 
agencies shall exercise its mandate and powers in accordance with Republic Act No. 
10121 in responding to situations of internal displacement. In these situations, the 
CHR shall be part of the NDRRMC deliberations to provide advice as a non-voting 
member.


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Sec. 14. Role o f the CHR. -T h e  CHR shall be designated as the institutional 
focal point on the human rights of IDPs. As such, the CHR shall have the following 
additional functions:
a) To monitor IDP conditions through the development of a system to track 
concerns, actions taken, and other relevant information to ensure that IDP 
rights are respected, protected, and fulfilled in all phases of internal 
displacement;
b) To establish guidelines to identify the legitimacy of an individual's claim of 
internal displacement;
c) To conduct public inquiries, document violations of human rights, assist 
IDPs in seeking redress of grievances, and work to ensure an effective 
response by the concerned authorities;
d) To investigate, on its own or on complaint by any party, all forms of 
human rights violations against IDPs involving civil and political rights, in 
accordance with Section 18(1) of Article XIII of the Constitution, and when 
found in the investigation that the filing of a case in court is warranted, 
request the assistance of any department, bureau, office or agency, such 
as the National Prosecution Service of the DOJ, or the Ombudsman, by 
virtue of Executive Order No. 163, series of 1987;
e) To render financial assistance at its sole discretion, and to issue necessary 
guidelines to implement the same;
f) To recommend to the other agencies of government, taking into 
consideration their respective mandates and functions, the grant of 
assistance to IDPs, as may be appropriate;
g) To follow up on early warning and ensure effective measures to protect 
the civilian population against arbitrary internal displacement;
h) To undertake educational activities and training programs for State 
authorities, including the AFP;
i) To hold public information drives on the protection and rights of IDPs, and 
foster their participation in the decision-making process regarding issues 
that concern them; and


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j) To carry out such other acts that may be necessary to fully implement the
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purposes of this Act.
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Sec. 15. Role o f the DSWD. -  The DWSD shall have the following functions,
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among others:
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a) To render psycho-social interventions and similar services to IDPs;
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b) To facilitate linking IDPs to employment opportunities, support services
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and other livelihood programs, in cooperation with other government
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agencies, such as, but not limited to, the Department of Labor and
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Employment (DOLE), Department of Agriculture (DA), Department of
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Agrarian Reform (DAR) and the Department of Trade and Industry (DTI);
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c) To provide capital assistance to IDPs, who wish to start their respective
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trade or business, subject to reasonable rules and regulations; and
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d) To carry out such other acts that may be necessary to fully implement the
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aforementioned functions.
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Sec. 16. Joint Congressional Oversight Committee. -  A Joint Congressional
16 
Oversight Committee is hereby created, composed of the Chairperson of the Senate
17 
Committee on Justice and Human Rights and seven (7) other Senators designated
18 
by the Senate President, and the Chairperson of the House Committee on Human
19 
Rights and seven (7) other Members of the House of Representatives, designated by
20 
the Speaker of the House 
of Representatives: Provided, That of the seven (7)
21 
Members to be designated by each House of Congress, four (4) shall represent the
22 
Majority and three (3) shall represent the Minority.
23 
The Joint Congressional Oversight Committee shall also have the power to
24 
inquire into, summon and investigate the Orders of Battle/Watchlist as defined under
25 
this Act, and/or any document of similar nature, as well as the legal and factual
26 
justifications for the inclusion of specific persons and groups in said Orders of
27 
Battle/Watchlist or similar documents. In this regard, the Joint Congressional
28 
Oversight Committee may issue mandatory process directing the transmission of all
29 
such documents relevant and necessary for the Committee to determine the validity
30 
of the inclusion of specific persons or groups in the Orders of Battle/ Watchlist, or
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similar documents. For this purpose, the highest ranking officers or heads of offices


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shall be charged with testifying before the Joint Congressional Oversight Committee 
in relation to any inquiries on the Orders of Battle/Watchlist, or similar documents.
The invocation of national security as a defense may not prevent the Joint 
Congressional Oversight Committee from inquiring into the factual and/or legal 
bases for the existence of an Order of Battle/Watchlist, or any similar document, or 
the inclusion of specific persons or groups in said Orders of Battle/Watchlist, or 
similar documents. Should there be a need to inquire into the factual basis for the 
invocation of national security, the Committee shall convene in an executive session 
and hear the officials invoking it. Should the basis not be satisfactory to the 
Committee, the public hearings will continue and appropriate recommendations shall 
thereafter be made by the Committee.
Sec. 17. Monitoring o f Compiiance. -  An inter-agency coordinating committee 
shall be tasked to periodically monitor the compliance with this Act. The Committee 
shall be headed by the Executive Director of the NDRRMC and shall be composed of:
a) A representative, with the 
rank of Undersecretary, from the DSWD;
b) A representative, with the 
rank of Undersecretary, from the Department of
National Defense (DND);
c) A representative, with the rank of Undersecretary, from the Department of 
Interior and Local Government (DILG);
d) A representative, with the 
rank of Undersecretary, from the DOH;
e) A representative, with the 
rank of Undersecretary, from the DOJ;
f) A representative, with the 
rank of Undersecretary, from the DepEd;
g) A representative from the National Commission on Muslim Filipinos 
(NCMF);
h) A representative from the National Commission on Indigenous Peoples 
(NCIP);
i) A representative from the Office of the Presidential Adviser on the Peace 
Process;
The Committee shall work towards the collection of data on the number and 
conditions of IDPs, leading to a registry that will aid the government in efficient 
planning and policy making regarding issues affecting IDPs.
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The Committee shall submit an annual report to the Joint Congressional 
Oversight Committee herein created, thirty (30) days after the end of each fiscal 
year. Such annual report shall be the basis for proposed amendments to existing 
legislation to improve the conditions of IDPs.
Sec. 
18. 
Appropriations. 
-  The 
amount 
necessary 
for 
the 
initial 
implementation of this Act shall be charged against the current year's appropriations 
of the NDRRMC, CHR, the DSWD, the DOH, the DND, and the DILG. Thereafter, 
such sums as may be necessary for the continued implementation of this Act shall 
be included in the GAA.
Sec. 19. Impiementing Rules and Regulations. -  Within sixty (60) days from 
the effectivity of this Act, the NDRRMC in coordination with the CHR, DSWD, DND, 
DILG, DOH, DOJ, Department of Environment and Natural Resources (DENR), 
DepEd, AFP, Philippine National Police (PNP), Philippine Commission on Women 
(PCW), Council for the Welfare of Children (CWC), NCIP, National Commission on 
Disability Affairs (NCDA), Presidential Commission on Urban Poor (PCUP), Housing 
and Urban Development Coordinating Council (HUDCC), National Housing Authority 
(NHA), and NCMF shall 
issue the necessary rules and regulations for its 
implementation and consult with the LGUs concerned, relevant non-governmental 
human rights organizations, and people's organizations.
Sec. 20. Separability Clause. -  If any part or provision of this Act shall be 
declared unconstitutional or invalid, the other provisions hereof which are not 
affected thereby shall remain in full force and effect.
Sec. 
21. 
Repealing Clause. 
-  All 
laws, 
decrees, 
executive 
orders, 
memorandum orders, memorandum circulars, administrative orders, ordinances or 
parts thereof which are inconsistent with the provisions of this Act are hereby 
deemed repealed or modified accordingly.
Sec. 22. Effectivity. -  This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of national circulation.
Approved.
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