SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 1 a 67 
iitrmtl' 
(J>U,; •• f Ill' :fi.m.I:m, 
'1:3 
i\Ufi 28 PZ :15 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
This measure was submitted by the Committees on Justice and Human Rights; 
Civil Service and G.overnrnent Reorganization; and Finance in the Fifteenth 
Congress. However, it was not passed into law. 
The bill provides for the Charter of the Commission on Human Rights (CHR) that 
will strengthen and expand its structural and· functional organization to effectively 
respond to the demands of human rights cases. It seeks to provide an effective 
and expanded structural and functional organization to effectively respond to 
human rights cases not only here in the country but also those in foreign lands 
involving Filipino citizens. 
By defining the powers and functions of the CHR, this measure intends to 
provide better protection to our people and serve justice to the victims of human 
right!! ViQI~ti9n!! I1lQfEi1 ~wift.ly ~ng Ei1ffEi1Qtiv~IY, 
The immediate passage of this bill is earnestly sought. 
SenateI' 


" 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHiliPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 13 67 
~tttab 
{I~ff." vf t~.,Ji.""I"l 
'13 
AUG 28 P2 :15 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
STRENGTHENING THE FUNCTIONAL AND STRUCTURAL ORGANIZATION 
OF THE COMMISSION ON HUMAN RIGHTS, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Commission 011 
2 
Human Rights Charter". 
3 
4 
5 
SEC; 2; State Policy on Human Rights. - The State values the dignity of every 
6 
human person and guarantees full respect for human rights. It shall give highest 
7 
priority to the enactment of measures that protect and enhance the right of all the 
8 
people to human dignity at all stages of human lifE!. 
9 
10 
i i 
SEC. 3. Definition of Terms. - For purposes of this Act, human rights shall 
12 
include those rights found in Article III of the Constitution and those affirmed and 
13 
recognized by the State in the following international covenants: the Universal 
14 
Declaration of Human Rights (1948); the International Covenant on Civil and 
15 
Political Rights (1976); and the International Covenant on Economic, Social and 
16 
Cultural Rights (1976); and any other international treaties on human rights to 
17 
which the Philippines is a signatory. 
18 
19 
20 
I. 
THE COMMISSION ON HUMAN RIGHTS 
21 
22 
A. Nature of the Commission 
23 
24 
25 
860. 4. The Commission as an Independent Office and as the National Human 
26 
Rights Institution of the Philippines. - The Commission on Human Rights is an 
27 
independent constitutional office and is the national human rights institution of 
28 
the Philippines in aooordanc-e with the Prinoiples Relating to the Status of 
29 
National Institutions ("The Paris Principles") and other United Nations' 
30 
Resolutions and Instruments pertaining to the effective functioning of national 
j 1 
human rights institutions. 
32 
33 
1 


'. 
1 
SEC. 5. 
Fiscal Autonomy. - The Commission shall always enjoy full fiscal 
2 
a\Jtonomy eq\Jlvalent to that ()f the G9nstiM(onai Cornmissi()ns unoer Article I~ of 
3 
the 1987 Constitution. The approved annual appropriations of the Commission 
4 
shall be automatically and regularly released. 
5 
6 
7 
B. The Chairperson and Commissioners 
g 
9 
10 
SEC. 6. The Commission, Composition and Qualifications. - The Commission 
11 
on Human Rights, also referred to as the "Commission" in this Act, is a collegial 
12 
body and shall be composed of a Chairperson and four (4) Commissioners who 
13 
~hC'i1i e()!i!i~!i!i th~ f()II()\\Iing Q\!C'ilifi<2C'iti()n!i: 
14 
15 
(a) Must be a natural-born citizens of the Philippines; 
16 
(b) Must be at least thirty five (35) years of age at the time oJ their 
17 
appointment, who are human rights advocates of known probity, 
18 
competence and integrity; 
19 
(c) 
Majority of whom, Including the Chairperson, must be members Of the 
20 
Philippine Bar who have been engaged in the practice of law for at least 
21 
five (5) years;, 
". 
' , 
. 
.' 
22 
(d) Must nave an understanding of human rights protection, promotion and 
23 
advocacy; 
24 
(e) Must not have been candidates, including party-list nominees, for any 
25 
elective pOSition in any national or local elections, immediately preceding 
26 
their appointment. 
27 
28 
29 
SEC. 7. 
Appointment and Term of Office. -
The Chairperson and the 
30 
Commissioners shaU b.e appointeo by the PreElioent for a term of seven (7) years 
31 
without re-appointment. Of those first appointed under this Act, the Chairperson 
32 
shall hold office for seven (7) years, two (2) Commissioners for five (5) years and 
33 
the other two (2) Commissioners for three (3) years, all without reappointment. 
34 
In no case shall any commissioner be appointed, re-appointed or designated in a 
35 
temporary or acting capacity. 
36 
37 
The term of the Chairperson and Commissioners of the Commission shall start 
38 
on the day immediately after the end of the previous term, regardless of the date 
39 
of appointment. Appointment to any vacancy occurring during the term shail be 
40 
only for the remaining portion of said term. 
41 
42 
43 
SEC. 8. Prohibition and Disqualification. - The Chairperson and Commissioners 
44 
of the Commission shall not; during their tenure; hold any other offioe or 
45 
employment. Neither shall they engage in the practice of any profession or in the 
46 
active management or control of any business which in any way may be affected 
47 
by the functions of their office, nor shall they be financially interested, direotly or 
48 
indirectly, in any contract with, or 'in any franchise or privilege, granted by the 
49 
Government and its subdivisions, agencies or instrumentalities, including 
50 
government-owned or controlled corporations or their subsidiaries. They shail 
51 
avoid conflict of interest in the conduct of their office. They shall not be allowed 
52 
to appear or practice before the Commission for two (2) years following their 
53 
cessation from office. 
54 
55 
No spouse or relative by consanguinity or affinity within the fourth civil degree 
56 
and no law, business or professional partner or associate of the Chairperson or 
57 
Commissioners may appear as counselor agent on any matter Pending before 
2 


1 
the Commission or transact business directly or indirectly therewith. 
This 
2 
disqualifioation shall apply during the tenure of the official conoerned and one 
3 
year thereafter. 
4 
5 
6 
SEC. 9. Disclosure of Relationship. - It shall be the duty of the Chairperson and 
7 
Commissioners to make under oath to the best of their knowledge and 
8 
information a written public disclosure of the identities of, and their relationship 
9 
with the persons referred to in the preceding section. The disclosure shall be 
10 
filed with the Office of the Ombudsman before the appointee assumes office and 
i i 
every annual anniversary of the date of assumption of office thereafter. The 
12 
disclosures made pursuant to this Section shall form part of the public records 
13 
and shall be made available and accessible to the public. 
14 
15 
16 
SEC. 10. Salary, Retirement, Benefits and Other Privileges of the Chairperson 
17 
and Commissioners. - The Chairperson and Commissioners of the Commission 
18 
shall receive the same salary, privileges and benefits as the Chairperson and 
19 
Members of the Constitutional Commissions which shall not be decreased during 
20 
their term of office. Likewise; they shall, receive the same retirement benefits to 
21 
those of the Constitutional Commissions as provided by law. 
22 
23 
24 
SEC. 11. Removal from Office. - The Chairperson and Commissioners of the 
25 
Commission may be removed from. office of any of the following grounds: 
26 
27 
(a) Disloyalty to the Republic of the Philippines; 
28 
29 
(b) Culpable violation of the Constitution; 
30 
31 
(c) Bribery and graft and corruption; 
32 
33 
(d) Dishonesty, misconduct in office, gross negligence, or dereliction of dUty; 
34 
35 
(e) Commission of any offense involving moral turpitude or an offense 
36 
punishable by prision mayor, 
37 
38 
(f) Abuse of authority; 
39 
40 
(g) Such other grounds as may be provided by law. 
41 
42 
The proceedings for removal shall be initiated by filing a verified complaint with 
43 
the Court of Appeals stating the grounds therefor and alleging the ultimate facts 
44 
upon which the complaint is baseet 
45 
46 
The Court of Appeals shall act on the complaint and conduct the necessary 
47 
investigation and hearing. Thereafter, the Court of Appeals shall dismiss the 
48 
complaint or declare the removal from office of the Chairperson or Commissioner 
49 
of the Commission within ninety (90) days from the date of filing of the complaint. 
50 
Failure to resolve the complaint within said period shall result in its automatic 
51 
dismissal. 
52 
53 
In deciding upon a compiaint for removai from office, the Court of Appeais shall 
54 
not impose any lesser penalty or disciplinary action such as suspension, 
55 
censure, or reprimand other than removal from office. 
56 
3 


1 
Any decision of removal from office shall be automatically stayed by the filing of a 
2 
petition for review on oertiorari with the Supreme Court. 
3 
4 
:; 
C. Nomination of Chairperson and Commissioner~ 
6 
7 
g 
SEC, 12, Nominations Committee. - The President shall choose and appoint the 
9 
Chairperson and Commissioners of the Commission from a list of three (3) 
10 
nominees per position selected by a Nominations Committee to be composed of 
11 
the folloWing members: 
12 
13 
(a) The Chairperson of the Commission on Human .Rights or if vacant, any 
i 4 
Commissioner as deSignated by the Commission En Bane; 
15 
16 
(b) The Chairperson of the Senate Committee on Justice and Human Rights; 
17 
18 
(c) The Chairperson of the House of Representatives' Committee on Human 
19 
Rights; 
20 
21 
(d) Four (4) members selected by the Commission from any of the following 
22 
duly 8GGredited entities, seGtors or groups, human rights non-government 
23 
organizations (NGOs), people's organizations, lawyers' and/or paralegal 
24 
groups, indigenous peoples, the academe; woman, child and family rights 
25 
groups. 
26 
27 
28 
SEC. 13. Selection of Nominees. - The members of the Nominations Committee 
29 
shall each have one vote. They shall meet not later than thirty (30) days before 
30 
the end of a current term or within seven (7) days after the occurrence of a 
31 
vacancy during a term. They shall submit to the President their list of nominees 
32 
thirty (30) days before the end of said term or thirty (30) days after said vacancy. 
33 
The President shall make the appointment within thirty (30) days after the 
34 
submission of the list of nominees by the Nominations Committee. 
35 
;16 
The Commission shall provide secretariat support to the Nominations Committee, 
37 
It shall make all proceedings of the Nominations Committee open and accessible 
38 
to the public. Vacancies as well as the list of nominees shall be published in a 
39 
newspaper of general circulation. The Nominations Committee shall adopt its 
40 
own rules of procedure. 
41 
42 
43 
SEC. 14. 
Pluralist Representation. -
In the selection of nominees for 
44 
Chairperson and Commissioners of the Commission, 
the Nominations 
4S 
Committee shall take into consideration pluralist representation of Philippine 
46 
SOCiety in the promotion and protection of human rights. 
47 
48 
49 
SEC. 15. Non-Govemment and People's Organization Representatives to the 
50 
Nominations Committee. - The duly accredited human rights non-government 
51 
organizations (NGOs), people's organizations (PO's), lawyers' andl or paralegal 
52 
groups, representatives from indigenous -peoples, representatives from the 
53 
academe, as well as woman, child and family rights groups shall from among 
54 
themselves choose the four (4) representatives to the Nominations Committee in 
55 
a meeting attended by an authorized representative of the Commission. In the 
56 
absence of a selection procedure agreed upon by said organizations, tfle 
4 


1 
Commission shall promulgate the rules of procedure to govern the selection of 
2 
the fo\.!r (4) represE'lnta.tivE'lB. by the ~oored[ted org~nizat[one;. 
3 
4 
$ 
II. p()W~Rl3 ANi:) FLJIllc:TI()III~ 
6 
7 
A. General Powers and Functions 
8 
9 
10 
SEC. 16. General Powers and Functions of the Commission. - The Commission 
lIon Human Rights s.hall have the following general powers and functions; 
12 
13 
(a) Investigate, on its own or on complaint by any party, all forms of human 
14 
rights violations; 
15 
16 
(b) Adopt its operational guidelines and rules of procedure and cite for direct 
17 
and indirect contempt for violations thereof or its lawful orders in 
18 
accordance with the Rules of Court; 
19 
20 
(c) Provide appropriate legal and preventive measures for the protection of 
21 
human rights of all persons within the Philippines, as well as Filipinos 
22 
residing abroad; 
23 
24 
(d) Provide legal aid services to the underprivileged whose human rights have 
25 
been determined by the Commission to have been violated or in need of 
26 
protection to prevent a violation thereof; 
27 
28 
(e) Exercise unhampered and unrestrained visitorial powers over jails, 
29 
prisons, camps, detention faciiities, safe houses and similar premises; 
30 
Provided, That prior coordination is made with the agencies of government 
31 
concerned; 
32 
33 
(f) Establish a continuing program of research, education and information 
34 
dissemination to promote respect for the primacy of human life and 
35 
dignity, and the protection of human rights; 
36 
37 
(g) Recommend to Congress effective measures to promote human rights 
38 
and to provide for compensation to victims of violations of human rights, or 
39 
their families; 
40 
41 
(h) Monitor the Philippine government's compliance with international treaty 
42 
obligations on human rights; 
43 
44 
(i) Grant immunity from prosecution to any person whose testimony or 
45 
possession of documents or other evidence is necessary to determine the 
46 
truth in any investigation or prosecution conducted by it or under its 
47 
authority; 
48 
49 
0) Request the assistance of any department, bureau, office or agency in the 
50 
performance of its functions; 
51 
52 
(k) Deputize government prosecutors or private lawyers, who shall be under 
53 
the direct control and supervision of the Commission, for the. prosecution 
54 
of human rights oases under Section 21 hereof; 
55 
56 
(I) Accredit national non-government and people's organizations involved in 
57 
human rights promotion, protection and advocacy, including those for 
5 


1 
purposes of visiting persons arrested, detained or under custodial 
2 
,,1vestig!iUon; 
3 
4 
(m)Ensure that the status, rights and interests of children and of the family are 
5 
upheld in accordance with the Constitution, laws and duly ratified 
6 
instruments on human rights; 
7 
8 
(ii) Cte~te, establish, 6tganlze, fe-struoture, Mmpress, and otherwise 
9 
manage such offices and centers the Commission deems necessary and 
10 
appropriate for eXP.Elditious. and effective fulfillment of its. m.anda!e, 
. 11 
including a central office, regional, sub-regional, and provincial offices for 
12 
specific thematic and functional matters; 
13 
14 
(0) Appoint its officers and employees in accordance with law; and, 
15 
16 
(p) P~rfQrrn ~I.!~h Qth~r 'Mi~(> lill1G! f!Jl1(;tiQI1(> lil~ mlilY tl~ prQviG!eG! tlY llilw, 
17 
18 
19 
a; Inv8litigation 
20 
21 
22 
~!iC:;. 17. IrW9.i;t(gaJ(v9. ~W9.~ ~lId FlJfI(;ti(J@ - The (;!)mmilllli(}n sh~1I e.j(ereise 
23 
primary and original jurisdiction to investigate, on complaint or motu proprio, 
24 
cases of human rights violations to include civil, political, economic, social and 
2S 
cultural rights. In the exercise of its investigative function, the Commission shall 
26 
have the following powers: 
27 
28 
(a) Act promptly on complaints filed in any fonn or manner by any person; and 
29 
upon finding of human rights violation, recommend the filing of appropriate 
30 
administrative, civil and/or criminal action(s). 
Any investigation being 
31 
conducted by any other body shall not be a bar to the investigation of the 
32 
Commission; 
33 
34 
(b) Compel the attendance of witnesses and the production of evidence, 
35 
administer oaths, issue subpoenas and take testimony in any investigation 
36 
or inquiry; 
37 
38 
(c) Issue orders and directives constituting preventive and legal measures, 
39 
provided for !.Inder Sections 2() I:lnd 21 of this A()t, respe()tively; 
40 
41 
(d) Provide protection and extend financial assistance to witnesses to ensure 
42 
their attendance in investigations and production of evidence; 
43 
44 
(e) Delegate to its deputies, investigators or representatives, such authority or 
45 
d!.ltv to ensure the effective e~ercise or performance of its investigl:ltiVe 
46 
functions; 
47 
48 
(f) Request and require the assistanoe and oooperation of any officer or 
49 
employee of any department, bureau or office, subdivision, agency or 
50 
instrumentality of the Government, including government-owned or 
51 
controiied corporations and iocai governments; 
52 
53 
(g) Deputize lawyers or legal aid groups, medical organizations, as well as 
54 
government agencies and offices, to provide assistance in the exercise of 
55 
its investigative functions; 
56 
6 


1 
(h) Make the results and findings of its investigations available and accessible 
2 
to the public; and, 
3 
4 
(i) Cite in contempt any person for failure to comply with a lawful order of the 
5 
Commission issued in the exercise of its investigative and prosecutorial 
6 
functions. Iti this regard, the 1997 Revised Rules of Procedure shall apply 
7 
suppletorily. 
8 
9 
10 
SEC. 18~ . Imprescriptibility of Human Rights Violations. - The i!1Vestigation o~ 
11 
human rights violations shall not be suoject to any statute of limitations of 
12 
prescriptive period. 
13 
14 
15 
SEC. 19. Scope of Preventive Measures. - The preventive measures under 
Hi 
Arti,"'~ XI!" ~~I;. 1 ~ (~) !)f th~ ~!)rwtit\;lti!)rl th~t Il1~Y I)~ il;ll;l\;l~" I)Y tile (;()lTllTlissien 
17 
in the investigation of cases involving all forms of human rights violations shall 
18 
include the following: 
19 
20 
(a) Issuance of injunctive relief directing any member of the government's 
21 
military or police forces, as well as public officials or employees, or any 
11 
person acting under their control and supervision, to immediately desist 
23 
from hiding, transferring, torturing or abusing a detainee and to allow 
24 
access to said detainee by the Commission, his/her counsel, physician, 
25 
psychologist, priest, pastor, rabbi, imam or any spiritual adviser and 
26 
relatives; 
27 
28 
(b) Order compelling the government official or employee, or any person in 
29 
control of the premises of any government agency or office, specifically 
3Q 
police and military detention facilities, seoret detention plaoes, stations, 
31 
installations, camps, bases, and training schools, as well as private land 
32 
and property, to permit the inspection of said premises; 
33 
34 
(c) Order to transfer persons deprived of their liberty and in danger of reprisal 
35 
or retaliation due to the filing of a complaint in connection with his/her 
j6 
detention, in order to secure safety of his/her person; 
37 
38 
(d) Restraining order prohibiting respondent, any unit(s), personnel or 
39 
. persons under his/her immediate supervision from entering the immediate 
40 
vicinity of the affected area or residence of any person whose human 
41 
rigilt~ Cir~ ~~irlg ,!iQICit~el Qr arEl in elCirlg~r Qf viQICitiQrl .mel frQITl ~ElCirc;hing 
42 
the victim or his belongings; 
43 
44 
(e) loj!.!nction ordering resP9ndent to refrain fr91l11l01l11l1itting any and all act!! 
45 
that would tend to cause irreparable harm and have the immediate effect 
46 
of rendering the investigation of the Commission moot and academic. 
47 
48 
49 
SEC. 20. Scope of Legal Measures. - The legal measures under Article XIII, 
50 
Sec. HI (3) of the Gonstitution that may be provided by the Commission shall 
51 
include the following: 
. 
52 
53 
(a) Mandatory protection orders (MPO's) directing government security 
54 
forces, other government agencies, or private institutions to provide 
55 
~pe<?i~c protectiol1 to victimS of hlJman right!; violatiol1s; 
56 
7 


1 
(b) Orders deputizing government offices and private institutions and 
2 
organilation& for the purpo&e of providing protection; and, 
3 
4 
(0) Orders deputizing government and private lawyers as counsels de officio 
5 
to ensure that the human rights of the victim are not further violated; and, 
6 
7 
(d) Any order the purpose of which is analogous to any of the foregoing. 
8 
9 
10 
SEC. 21. 
Grant of Immunity. - The Commission may grant immunity from 
11 
prosecution to any person whose possession and production of documents or 
12 
other evidence may be necessary to determine the truth in any hearing, inquiry or 
13 
proceeding under such terms and conditions as it may determine taking into 
14 
accoUnt tM pertinent provIsIons Of the RUles Of court aM Its own rUles. Tne 
15 
immunity shall only be granted after a determination of the relevance, veracity 
16 
and authenticity of the.evidence. sought to be presented by the Commission. The 
17 
immUnity granted sliall De reVOked on account Of eVidence presented to De true 
18 
but which is, in fact, false and spurious and without which the Commission would 
19 
not have wanted immunity. 
20 
21 
22 
Sl=(:;, a2. Prnv~ntfv~ $!>!$fJ~nsiQn - With the e)(!<eptiQn Qf Mempers Qf ~QngresfS' 
23 
the Judiciary, and impeachable officials, the Commission may preventively 
24 
suspend any officer or employee including but not limited to elective or appointive 
23 
public officers or employees, including Members . of the Cabinet, local 
26 
government, 
government-owned-or-controlled 
corporations 
and 
their 
27 
subsidiaries, pending an 
inves~igation, provided it determines that (a) the 
28 
evidence of guilt is strong; (b) the charges would warrant removal from the 
29 
service; and (c) the respondent's continued stay in office may prejudice the case 
30 
filed against himl her. 
31 
32 
The preventive suspension shall be immediately executory, unless restrained by 
33 
the Court of Appeals or the Supreme Court and shall continue until the case is 
34 
terminated by the Coinniission;Provided, That said suspension shall riot be 
35 
more than sixty (60) days without pay, except when the delay in the disposition of 
36. 
the oase by the Commission is due to the fault, negligenoe or petition 0.1 the 
37 
respondent, in which case the period of such delay shall not be counted in 
38 
computing the period of suspension herein provided. 
39 
40 
The respondent official or employee preventively suspended from office shall 
41 
receive no salary or compensation during ·such suspension. 
However, upon 
42 
subsequent exoneration and reinstatement. he shan be paid fun saiary or 
43 
compensation including such emoluments, benefits and privileges accruing 
44 
during such suspension. 
45 
46 
In the case of a suspended elective offiCial, upon expiration of the period of 
4 7 
prElYEln~iYEl ~1.!~PElnsi~n. hEl ~h~III;)El ~eli!rTlEl~ rli!in~t~tElcl in ~ff!~ with~l.!t prejl.!cli~ 
48 
to the continuation of the proceedings against him which shall be terminated 
49 
within one hundred twenty (120) days from the date the official was formally 
50 
notified of the Oa&l'I. 
51 
52 
The respondent officer or employee shall be accorded full opportunity to appear 
53. 
and defend himself in person or by counsel, to confront and cross~examine the 
54 
witnesses against him, and to require the attendance of witnesses and the 
55 
production of documentary evidence in his favour through the compulsory 
56 
prosess sf subpoena or subpsena dUGi'I!3 leGUm. 
57 
8 


1 
SEC. 23. Referral to Disciplining Authority. - The Commission may endorse andl 
2 
or recommend to the proper authorities the filing of the appropriate sanction or 
3 
disciplinary action against a public officer or employee found guilty of committing 
4 
violations of human rights and recommend his removal, suspension, demotion, 
S 
oensure, imposition of fine, or prosecution and to ensure compliance by requiring 
6 
the officer concerned to report on his action within thirty (30) days from receipt of 
7 
the recommendation and! or endorsement of the Commission. The failure of the 
Ii 
appropriate authority to act or comply with said recommendation or endorsement 
9 
shall constitute a ground for an application of the issuance of a writ of mandamus 
10 
by the Commission. 
1i 
12 
13 
l?~c:, ~4, Mgt/.! PfQllig Qi~tni~~l!I. -
TI1~ c;ommi~~io" ml!Y c1i~rni~~, i1Igt/.! llfQllrig, 
14 
a complaint for the investigation of human rights violations on any of the following 
15 
grounds: 
1!J 
17 
(a) The complaint pertains to a matter outside of the jurisdiction of the 
18 
Commission; 
19 
20 
(b) The complaint is trivial, frivolous, vexatious or made in bad faith; or 
21 
22 
(c) Other valid grounds as may be determined by the Commission. 
23 
24 
25 
SEC. 25. Investigation by Regional Office. - The proper regional office of the 
26 
Commission shall investigate complaints falling within its territorial jurisdiction 
27 
unless the Commission en bane, in its discretion, takes direct cognizance of the 
28 
same. Upon recommendation of the regional office in investigations pending 
29 
before it, the Commission en bane may issue legal and preventive measures and 
3.0 
preventive suspension orders whioh are immediately executory. Within ten (1Q) 
31 
days after concluding the investigation, the regional office shall render the 
32 
appropriate order, directive or resolution subject to appeal to the Commission en 
33 
bant/pursuant ts Its mles. 
34 
35 
36 
C. ProsecutIon 
37 
38 
39 
SEC. 26. 
Concurrent Limited Proseeutorial Powers and Functions. -
The 
40 
Commission shall exercise concurrent prosecutorial powers and functions as 
41 
tlEi!r~in prQl(iGlEi!GI. 
42 
43 
In the event of the failure of the Department of Justice or Office of the 
44 
Ombudsman to initiate a preliminary investigation within twenty (20) days from its 
45 
receipt of the case recommended for prosecution by the Commission, the 
46 
inaction shall be considered as an automatic endorsement of the matter to the 
47 
Commission without any further act or notice by the Department of Justice or 
48 
Office of the Ombudsman for purposes of preliminary investigation. Thereafter, 
49 
the Commission shall conduct the preliminary investigation and upon a finding of 
50 
probable cause, issue a resolution for the filing of the appropriate information and 
51 
prosecution of the offense/s found to exist. 
52 
S3 
For this purpose, the Commission shall have the power to deputize government 
54 
prosecutors or private lawyers to prosecute the criminal offense/s that have been 
55 
thEl l?I,I"iElct of its prelimi"ary il1vestig~tion: The prosecl,ltion shall relllain under 
56 
the Commission's direct control and supervision. 
. .. _. - _. 
57 
9 


1 
This section shall apply only to the following cases: 
2 
3 
A.) When committed by State Actors - In cases where the offender is a public 
4 
officer as defined under Article 203 of Republic Act No. 3815, otherwise 
5 
known as the Revised flenal Code as amended, and acting in his capablty 
6 
as such, or any person acting on behalf or under the immediate control of 
7 
the State and its agents, and where the human rights violation constitutes 
8 
a criminal offense under the Revised Penal eode and special laws, as 
9 
follows: 
10 
11 
a) Use of physical, psychological and degrading punishment, torture, 
12 
force, violence, threats, and intimidation; 
13 
14 
b) Extra-judicial killings, summary executions, and "massacres" or mass 
15 
killings; 
l(} 
17 
c) Violations of the right to be secure from unreasonable searches and 
18 
seizures, including involuntary or enforced disappearances; 
19 
20 
d) Violations of the ·rights of persons arrested, detained, or under 
21 
custodial investigation, including deprivation of the rights of political 
11 
detainees; 
23 
24 
e) Violations of the right to a speedy, impartial and public trial or 
25 
disposition of cases; 
26 
27 
1) Hamletting, 
forced 
evacuation 
or eviction, 
illegal 
demolition, 
28 
development aggression and other violations of the right to travel and 
29 
to freely choose one's abode and change the same; 
30 
31 
g) Violations of the right to peaceably assemble, free association, and to 
32 
petition the government for redress of grievances; 
33 
34 
h) Violations of the right to worship and the free exercise of a religion; 
35 
36 
i) Violations of the right to privacy; 
37 
38 
j) Violations of civil and political rights of persons suspected, detained 
39 
for, andlor accused of the crime -of terrorism or conspiracy to commit 
40 
terrorism; and, 
41 
42 
k) Political, religious, racial, ethnic, social or sexual persecution, 
43 
oppreSSion, or harassment committed with acts constituting offenses 
44 
punished under the Revised Penal Code and speQiallaws: 
45 
46 
B.) When Committed by Non-State Actors - Non-state actors are persons, 
47 
other than public officers, belonging to and acting on behalf or under the 
48 
immediate control of a juridical or non-juridical person, whether legitimate 
49 
or illegitimate, including but not limited to the following: 
50 
51 
a) Armed groups, bandits, warlords and private armies; 
52 
53 
b) Criminal organizations and groups; and, 
54 
55 
c) Multi-national, foreign and domestic corporations, and other business 
56 
entities. . 
57 
10 


1 
C.) When Committed Against Vulnerable Persons - In the investigation and 
2 
prosecution of the following offenses as penalized under the Revised 
3 
Penal Code and special laws when committed by any person against any 
4 
member or group of vulnerable persons, as defined herein: 
$ 
6 
a) Involuntary servitude constituting Crimes Against Personal Liberty and 
7 
Security under the Revised Penal Code; 
g 
9 
b) Crimes penalized under Republic Act No. 7610, or the "Special 
10 
Protection of Children Against Abuse, Exploitation and Discrimination 
11 
Act;" 
12 
13 
C?} 
QrilllEl~ I'ElI1~li~Elcl ~!l Il1f~ntiC?icl.El ~ncl AI?QrtiQI1l!i"lcl.E)r thE) RE)vi!lElcl PEln~1 
14 
Code; 
15 
16 
Q) Crime!> Renali;;r:eQ wn!;\er Repw~li!< A!<t N!'!, 9262. !'!r the "Anti-Vi~len~~ 
17 
Against Women and Their Children Act of 2004;" and, 
18 
19 
e) Crimes penalized under Republic Act No. 6371 or the "Indigenous 
20 
Peoples Rights Act of 1997." 
21 
22 
Vulnerable persons shall include children, the unborn, women, elderly, persons 
23 
with disabilities, migrant workers, indigenous peoples, and ethnic and religious 
24 
minorities. 
25 
26 
27 
D. Monitoring 
28 
29 
30 
SEC, 27; Monitoring Powers and Funotions. - In the exercise of its mandate to 
31 
monitor the Government's compliance with its international human rights treaty 
32 
obligations, the Commission shall have the following powers and functions: 
33 
34 
a) Require any department, bureau or office, subdivision, agency or 
35 
instrumentality of the Government to submit compliance reports on 
j6 
International human rights treaty and to furnish the Commission copies 
37 
thereof within thirty (30) days from submission to the United Nations and 
38 
other international bodies; 
39 
40 
b) Conduct inquiries on the manner of implementation by the Philippine 
41 
(i!QYElf!"lIllElnt Qf !lI'!El~ifi~ hYIll~i"l right!l trEl~ty Qt!lig~tiQn!l; 
42 
43 
c) Summon any public official to explain on the measures undertaken by his 
44 
or her agency in order to !>omply with the State's international treaty 
45 
obligations on human rights; 
46 
47 
d) Enter and inspect the premises of any: government agency: or office, 
48 
specifically pOlice and military stations, installations, camps, bases, and 
49 
training schools and access books, records, files, documents or papers 
50 
located in the above-mentioned office and facilities; 
51 
52 
e) Study and recommend to the government international 'human rights 
53 
treaties or instruments for its signature, ratification or accession; 
54 
55 
1) 
MI:1I<El 
tilTlElly 
1:111~ 
reglJ1I:1r 
~lJl:JlTlissiC?n of inclepElnclent reports to 
56 
international human rights treaty bodies and other international human 
57 
rights mechanisms; 
11 


1 
2 
g) Advise and assist the government on alearly-identified gaps in human 
3 
rights treaty compliance; 
4 
§ 
h) Capaoitate stakeholders to enable partioipation in monitoring humah rights 
6 
treaty compliance by the government; 
7 
Ii 
i} 6elegate to its deputies, investigators or representatives, such authority or 
9 
duty which shall ensure the effective exercise or performance of its 
10 
monitoring functions; and, 
11 
12 
j) Recommend and institutionalize best practices and incentives for human 
13 
r!ght~ ~c;lVQC;~t~~ ~nQ in~titlJtiQn~, 
14 
15 
16 
SiC. 28. 
Qth~r MfmitQring Functifm!>.. -
Th~ GQmmi!~~iQn ~hall Uk~wi~e monitor 
17 
observance by non-state actors of human rights obligations arising from 
18 
agreements entered into with the government, as well as unilateral declarations 
19 
and similar undertakings. 
20 
21 
21 
SEC. 29. Annual Report. - The Commission shall prepare and make public an 
23 
annual report on the findings of its monitoring activities with regard to the state of 
24 
the Government's compliance with its international human rights treaty 
25 
obligations. The report shall include, but not be limited, to the following: 
26 
27 
(a) Identification of systematic. patterns of human rights violations using 
28 
documented cases; 
29 
30 
(b) Analysis of the faotors whioh oontribute to the commission of human rights 
31 
violations; 
32 
33 
(e) Assessment af the legal meetianisms af existin\il institutians in pt(lViaiFig 
34 
adequate human rights protection; 
35 
:36 
(d) Recommendations for legal, ieglsiatlve, and Institutional reforms for the 
37 
greater promotion and protection of human rights; and, 
38 
39 
(e) Statistics and data indicating the nature of complaints received, the 
40 
investigations conducted and findings made, and the actions taken by the 
4l 
gQVemment agent;ie~ t;Qn~meg Qn the CQmmi~~iQn'~ reC;QmmengatiQn~. 
42 
43 
44 
Ii. Education and Advollaey 
45 
46 
47 
~!;C, 30, 
t=q!l~~tl(;m Ii1.nQ AQVQ~~~Y in ~Qv~mm~nt, - The CQmmi~§>iQn §>hall 
48 
undertake a program of human rights promotion and advocacy through education 
49 
and training to promote and increase respect for the primacy and dignity of 
50 
human life in all its. stages and the protection of human rights in coordination with 
51 
the different agencies of the government. 
It shall likewise administer a 
52 
mandatory and continuing human rights education program for the military, police 
53 
and other law enforcement !lgenoies, as well as publio sohool teaohers, and 
54 
shall, for this purpose, draw up the components of the program, accredit course 
55 
and training providers, and issue certificates of completion to those who have 
56 
successfuliy completed the program. 
57 
12 


1 
SEC. 31. Education and Advocacy in Civil Society. - The Commission shall also 
2 
undertake human rights eduoation, advocaoy, and information campaign 
3 
programs among sectors of civil society, particularly the vulnerable, marginalized 
4 
and underprivileged groups. In conducting this program, the Commission shall 
S 
alltively Ilooperate and 
Iloordinate with 
human 
rights 
non-government 
6 
organizations, lawyers' groups, the academe and people's organizations of the 
7 
concerned sectors of civil society. 
8 
9 
10 
SEC. 32. Research. - The Commission shall undertake a continuing research 
11 
and study on select human rights issues for purposes of recommending policy 
12 
reforms, as well as administrative and legislative measures that will also address 
1~ 
~qQrlQmiq, ~Qql~1 ~rlQ q\ilt\ir~1 right~, 
14 
15 
16 
SEC. 33. Go.verage 0.( Programs. - The Go.mmi$$io.n $hall pre$~ribe the $~Pe 
17 
and coverage of education, advocacy, information and training programs on 
18 
human rights, and which will be provided for in the implementing rules and 
19 
regulations of this Act. 
20 
21 
22 
F. Either Powers and Functions 
23 
24 
25 
SEC. 34. Witness Protection Program. - The Commission shall strengthen its 
26 
witness protection program, including the provision of security, shelter, relocation 
27 
and livelihood assistance to witnesses and their families 
28 
29 
30 
SEC; 3S; Financial Assistance Program. - The Commission shall enhanoe its 
31 
financial assistance program to victims of human rights violations and their 
32 
families. 
33 
34 
35 
SEC. 36. Legal ASSistance Program. - The Commission shall implement a legal 
36 
assistance program to benefit vidims of human rights violations in coordination 
37 
with human rights organizations and lawyers' groups, the Integrated Bar of the 
38 
Philippines and Philippine law schools. 
39 
40 
41 
~ec. 37. Protfl<!tic;m Q( FilipinQ$. At>ro~q, - The CQmmi§§iQrl §h~1I \irlQert~ke 
42 
measures for the protection and promotion of human rights of Filipinos living 
43 
abroad. It shall coordinate with Philippine Embassy or Consulate officers as well 
44 
as private individuals of known probity and active involvement in human rights 
45 
work, or foreign-based human rights and migrant workers' non-government 
46 
organizations in countries where the incidence of human rights violations of 
47 
Filipinos is widespread and commonplace, including traditional host countries of 
48 
Overseas Filipino Workers, for purposes of monitoring the status of human rights 
49 
of Filipinos living abroad, establishing networks among Filipinos to promote 
50 
protection of human rights, reporting cases of violations thereof, facilitating the 
51 
remedial measures of victims and coordinating with respective agencies to 
52 
provide counselling and financial aid. 
53 
54 
55 
~EC. 38. 
Creation of Ad Hoc Truth Commission. -
The Commission may 
56 
recommend the creation of an ad hoc Truth Cornmission on matters of 
57 
transcendental importance, such as widespread and systematic human rights 
13 


1 
violations occurring over prolonged periods of time, or under extraordinarily-
2 
repressive oonditions, or attended by a culture of impunity that is instigated, 
3 
inspired or orchestrated by public officials, in conspiracy with government 
4 
security forces or State-sponsored armed groups. 
§ 
6 
7 
SEC. 39. Issuance of Clearances. - The Commission shall issue clearances to 
8 
members of the military, police and other law enforcement agencies prior to, and 
9 
as requirement for, their promotion or assumption of office. The Commission 
10 
may also issue clearances for other purposes such as training, education or 
11 
study grants abroad upon proper request of the applicant. 
12 n 
Th~ CQmmi§§iQn §h1:!11 m1:!k~ it§ QWn r~CQmm~ng1:!tiQn§ tQ th~ CQmmi§§iQn Qn 
14 
AppOintments prior to the confirmation of other officials other than those 
15 
mentioned in the preceding paragraph, who are being considered for promotion 
16 
or appointment. This provision shall also apply to other government officers with 
17 
salary grade 27 or its equivalent and higher. 
18 
19 
20 
SEC. 40. Appeals; Prohibition against Injunction. - Orders, decisions, or findings 
21 
of the C;:ommis.sion, in,?luding determination qf probable cause, shall be appealed 
22 
to the Court of AppealS On bOth questions of fact aM law, or 01'\ certiorari to the 
23 
Supreme Court on pure questions of law. No restraining order or writ of injunction 
24 
shall be issued against the Commission in. the performance of its powers and 
25 
functions other than those issued by the Court of Appeals or the Supreme Court. 
26 
n 
28 
SEC. 41. 
Protection from Harassment Suits; Dismissal. - The Chairperson, 
29 
Commissioners, officers and employees of the Commission shall be immune 
30 
from civil or criminal prosecution for acts performed in pursuance of their official 
31 
functions for the duration of their tenure. 
32 
33 
34 
SEC. 42. Obstruction. - Any person who, after due hearing, is found to have 
35 
wilfully obstructed or hindered the proper exercise of the powers and functions of 
36 
the Commission, or who wilfully misleads or attempts to mislead the Chairperson, 
37 
Commissioners 
and 
the 
duly 
designated 
Commission 
officials 
and 
38 
representatives shall be punished for obstruction of justice by the Commission. 
39 
In addition, helshe shall be penalized by a fine not exceeding Twenty Five 
40 
Thousand Pesos (P25,OOO.OO), at the discretion of the Commission. 
41 
42 
43 
III. ORGANIZATION AND STRUCTURE 
44 
45 
46 
SEC. 43. CommiSSion as a Collegial Body. - The Commission composed of the 
47 
Ohairperson and four (4) Oommissioners, as a collegial body, is responsible for 
48 
the promulgation of policies, decisions, orders and resolutions necessarY for the 
49 
efficient administration of the Commission and for proper execution of its 
50 
eenstitutiehal mandate. 
51 
52 
In the exercise of its powers and functions, the Commission shall sit and render 
53 
its decision en bane. ~very such decision, order or resoiution of the Commission 
54 
must bear the concurrence and signature of at least three (3) Members thereof. 
55 
14 


I 
, 
I: 
, 
, 
I 1 
2 
3 
4 
~ 
6 
7 
:1 8 
9 
10 
11 
12 
n 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
4S 
49 
~Q 
51 
52 
53 
54 
55 
56 
57 
The Commission shall meet regularly once a week, or as the Commission may 
direot, or upon oall by the Ohairperson. A majority of the members, at least three 
(3), constitutes a quorum needed in any en bane meeting of the Commission. 
SEC. 44. 
The Chaitperson as Executive Officer; Powers and Duties. - The 
Chairperson shall be the Chief Executive Officer of the Commission, and shall: 
(a) Execute and carry out the policies, decisions, orders and resolutions 
approved by the Commission; 
(b) Direct and supervise the operations and internal administration of the 
QQmmi§§iQn; 
(c) Sign appointments of subordinate officials and employees made by the 
Oommission and enforce decisions on administrative discipline involving 
them; 
(CI) MaRe 
t~mporary assignments, 
rotate 
and 
transfer 
personnel 
in 
accordance with the provisions of the Civil Service Law and the policies 
involving them; 
(e) Submit an' annual budget to the Commission for its approval and 
sUbmission to the Department of Budget and Management and to the 
Congress of the Philippines; 
.. 
.. 
(f) Gl&19I11at& his/her autherity; in whele er in part; te ether offic.ials Qf the 
Commission in accordance with Executive Order No. 292, otherwise 
known as the Administrative Code of 1987, and rules and regulations of 
the Commission; and, 
(g) Perform such other functions as may be authorized by the Commission. 
SEC. 45. Structural Organization. - The Commission shall have the following 
offices and operating units: 
(a) Office of the Chairperson; 
(b) Offiae of the Commissioners; 
(c) Office of the Executive Director; 
(d) Office of the Commission Secretary; 
(e) Legal Office; 
(f) Investigation Office; 
(g) Human Rights Instruments Compliance And Monitoring Office; 
(h) education, Advocacy And Research Office; 
(i) Information System Management Office; 
0) Assistance and Visitorial Office; 
(k) Forensic Office; 
(I) Planning And Management Office; 
(m)fi!1~!1Qi~' M~!1~g~m~nt QffiQ~; 
(n) General Administrative Office; 
(0) Sectoral Rights Offices; 
(p) Public Information Office; and, 
(q) Regional Offices. 
All the above offices will be headed by an officer with a tMk:, salary aM 
privileges equivalent to a Director IV, except for the Executive Director and who 
15 


1 
shall have the rank, salary and privileges of an Assistant Secretary. All centers 
2 
will be headed by a Direotor III. Eaoh offioe may have such divisions as are 
3 
necessary to carry out their respective functions. 
As an independent 
4 
constitutional office, the Commission may effect changes in the organization as 
§ 
the heed anses. 
6 
7 
All officers and employees of the CommisSion, unless otherwise provided herein, 
8 
shall receive emoluments and privileges that shail not be less than those given to 
9 
comparable pOSitions in any office in the government. 
10 
11 
12 
SEC. 46. The Executive Director. - The Executive Director shall be responsible 
D 
fQr m~n~ging the g~y-tQ-g~y ~ff~ir~, ~Qtivitie~ ~ng QPer~tiQn~ Qf the CQmmi~~iQn, 
14 
in accordance with its policies, standards, rules and regulations adopted and 
15 
promulgated by the Commission. In particular, the Executive Director shall: 
16 
17 
(a) Provide direct supervision, control, coordination and monitoring of all 
18 
activities, functions and operations of both the central and regional units of 
19 
tM CommissiOner: 
20 
21 
(b) R«;lcomme{1d and I or, implemel1t administrative an,d rlJanagelllent policies, 
22 
rUleS standard operating procedures to be established by the Commission: 
23 
24 
(c) Recommend and initiate programs, projects and policies which promoted 
25 
' , productivity, efficiency and effectiveness in the Commission; 
, 
26 
27 
(d) Goordinate with different ,GHR organization units in the information and 
28 
reporting requirement of the Commission; 
29 
30 
(e) Resolve operational issues in accordance with the levels of authority 
31 
prescribed by the Commission; 
32 
33 
(f) Undertake appraisal on issuesiproblems and policy recommendations 
34 
requiring decision/action by the Commission; 
35 
36 
(g) Conduct necessary representation with different branches and agencies of 
37 
the government on vital issues/concerns involving the organization, 
38 
operations and programs of the Commission; and, 
39 
40 
(h) Perform such other functions as may be assigned by the Commission En 
41 
Bane. 
42 
43 
The Executive Director shall be appointed by the Commission and shall be a 
44 
member of the Philippine Bar with proven integrity and competence; and must 
45 
have been involved in human rights promotion and protection activities for seven 
46 
(7) years. 
He/she shall have the rank, salary and privileges of an Assistant 
47 
Seoretary. 
48 
49 
50 
SeC. 47'. fhe eomm;ss;on SecretaI}'. - "Fhe eommission Secretary, who shall 
51 
head the Commission Secretariat, shall provide executive services to the 
52 
Commission on its regular, special and executive meetings, assistance on policy 
53 
review and coordination, review and appraisal of the programs and other project 
54 
undertakings of the Commission, including technical support on the formulation 
?? 
of gyigeline!?, gireQtive!? manc:tate!? anc:t el<eQytive !?YmmaJie!? and reports. 
In 
56 
addition, the Commission Secretary shall: 
. - . - -, --. 
57 
16 


1 
(a) Prepare the agenda of meetings of the Commission En Bane and ensure 
2 
oomplete reoording of prooeedings; 
3 
4 
(b) Develop, recommend to the Commission En Bane, and implement an 
5 
approved disclosure policy for the Oommission on Human Rights of the 
6 
Philippines; 
7 
8 
(e) Formulate, propose and implement a central records management systeri'l 
9 
for the Commission En Bane, and act as the custodian of all records on 
10 
human, rights case~ {iled with the COn;lmissiol1, il1.cludil1g records 011 
11 
resoiutions, ruies, poilcies, reguiations and other decisions, proceedings of 
12 
its meetings, al1d other pertinent records; 
. 
13 
14 
(d) Desigl1, propose al1d implemel1t a cel1tral records mal1agemel1t system 
15 
and provide records management orientation and assistance to the 
16 
variQus Qffices Qf the €Qmmissicm; 
17 
18 
(e) Prepare and issue directives to concerned offices, by authority of the 
19 
Oommission En Bane; 
20 
21 
(f) Represel1t the Commissiol1 En Bane in different techl1ical working 
22 
committees of the 6ommission; as may be directed by iti 
23 
24 
(g) Respond to queries from the different central and regiol1al offices on 
25 
matters pertaining to policies, rules and decisions, as authorized by the 
26 
Commissiol1 En Bane; al1d, 
27 
28 
(h) Perform such other r.elated fUl1etlol1s as may be assigned by HIe 
29 
Commissiol1 En Bane. 
~O 
31 
the Commission Secretary, who must be at least a degree holder of Bachelor of 
32 
Laws (Ll.B.) or Juris Doctor (JD), shall have the ral1k, salary al1d privileges of a 
33 
Director IV. 
34 
35 
3(i 
SEC. 48, Quti~s and Fun~tifms Qf th~ Qffi~~s Qf th@ (;;QmmissiQn. - The ~ifferent 
37 
offices of the Commission provided in Section 47 of this Act shall operate ill 
38 
accordance with their respective duties al1d functions assigned them by the 
39 
Commission subject to requiremel1ts of efficiel1cy, ecol1omy and effectiveness, 
40 
and pertinel1t budget and civil service laws, rules and regulations. 
41 
42 
43 
SEC. 49. 
Officers of the Commission. -
All officers appoil1ted by the 
44 
Commissiol1 who possess the rank or positiol1 .above Division. Chief ,level and 
45 
offiCially performs managerial and executive functions, must be eareer Executive 
46 
Service (CES) eligible ul1der the Career Executive Service Board or has 
47 
equivalent eligibility as the Commissiol1 may establish. 
48 
49 
The Commissiol1 may propose additiol1al qualificatiol1 stal1dards to be submitted 
JO 
fQr ~pprQv~' tQ th~ O~p~rtm~nt Qf 6YQg~t ~nd Manag~m~nt anQ fQr infQrmation (If 
51 
the Civil Service Commissiol1. 
52 
53 
54 
SEC. 50. Central Offices. - The Commissiol1 shall establish Cel1tral Offices to 
55 
effect its functional mal1dates of investigatiol1, legal advocacy, visitorial 
56 
education, research and oomplianoe monitoring, and suoh other functions 
57 
l1ecessary for the effective al1d efficiel1t performal1ce of its duties. 
17 


1 
2 
3 
SEC. 51. 
Regional Offices. -
The Commission shall have seventeen (17) 
4 
regional offices, as may be further established by law, with two regional offices 
5 
for Region IV, including the National Capital Region (NCR), the Carega 
6 
Administrative Region (CARAGA), Cordillera Administrative Region (CAR) and 
7 
the Autonomous Region of Muslim Mindanao (ARMM). 
8 
9 
Each Regional Office shall be headed by a Regional Human Rights Director with 
10 
a rank and salary of Director IV, who must be a member of the Philippine Bar, 
11 
assisted by an Assistant Regional Human Rights Director, and such other 
12 
subordinate officers or employees as the Commission may appoint. 
The 
13 
A\>\>i\>tant R<;!gional HYman Right\> Dir<;!ctor \>hall carry th<;! rank and reC<;!ive the 
14 
same salary and privileges of a Director III. 
15 
16 
The Commission may delegate its powers and functions or order the 
17 
implementation or enforcement of its orders, rulings or decisions through the 
18 
heads of its regional offices in accordance with its rules and regulations to be 
19 
promulgated by the Commission. 
20 
21 
22 see. 52. Provincial bffices. - The Commission May establish such Provincial 
23 
Offices as may be necessary in the provinces falling under the administrative 
24 
jurisdiction of the Regional Office. The Provincial Office shall be headed by a 
25 
Provincial Human Rights Officer and staffed by such other officers or employees 
26 
as the Commission may appoint. The Provincial Human Rights Officer shall 
27 
carry the rank and receive the same salary and privileges of a Division Chief. 
28 
29 
30 
SEQ; 53; Seotoral Rights Offioes. - The Oommission shall establish offices and 
31 
centers to undertake promotion and protection of the rights of vulnerable sectors, 
32 
to include but not be limited to women and children, as the Commission may 
33 
deem I1Ippropriate .. 
34 
35 
36 
SEe. 54. Joint Congressfon.ai Oversight CommiHee. -:- A Joint Congressional 
37 
Oversight Committee is hereby created, composed of the Chairman of the 
38 
Senate Committee on Justice and Human Rights and three (3) other Senators 
39 
designated by the Senate President, and the Chairman of the House Committee 
40 
on Human Rights, and three (3) other Members of the House of Representatives 
41 
deSignated by the Speaker of the Hoy\>e of Repre\>entatives; Provided; That of 
42 
the three (3) members to be designated by each House of Congress, two (2) 
43 
should come from the majority and the remaining Member from the minority. 
44 
45 
The Joint Congressional Oversight Committee shall have the power to monitor 
46 
and evaluate the implementation of this Act. 
47 
48 
49 
SEC. 55. Implementing Rules and Regulations. - The Commission shall, within 
SO 
sixty (60) days from the approval of this Ad:, formulate the implementing rules 
51 
and regulations in the exercise cif its general, investigative, prosecutorial, 
52 
monitoring, education and advocacy powers and functions together with the 
53 
Department of Justice (DOJ), Department of National Defense (DND), 
54 
Department of Interior and Local Government (DILG), Department of Social 
~~ 
W~!far~ anQ' D~v~lopm~nt (D~WD). Arm~Q Forc~s of th~ PhilippinE! (AFP). 
56 
Philippine National Police (PNP) and other concerned agencies of the 
57 
government. 
18 
_'_I, 


, 
t 
1 
2 
3 
SEC. 56. 
Operational Guidelines. - The Commission shall also formulate its 
4 
operational guidelines which shall include, but not be limited to, the functions and 
5 
duties of the Executive Director, the Commissibii Secretary and the heads of the 
6 
line offices, the implementation and management of its Witness Protection, 
7 
Financial Assistance and Legal Aid Programs, and such other matters as may be 
8 
necessary for the Implementation of this Act. 
9 
10 
11 
SEC. 57. Franking Privilege. - All official mail matters and telegrams of the 
12 
Commission addressed for delivery within the Philippines shall be received, 
13 
tr~nsmitted ~nd delivered free of ch~rge; PrQvid(7d, That such m~iI m~tters when 
14 
addressed to private persons or non-government offices shall not exceed One 
15 
Thousand and Twenty (1,020) grams. 
All mail matters and telegrams sent 
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through government telegraph facilities containing complaints to the Commission 
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on Human Rights shall be transmitted free of charge; Provided, That the 
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telegram shall contain not more than One Hundred and Fifty (150) words. 
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SEC. 58. Financial Report. - The Commission shall make available to the public 
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its annual financiai statements, inciuding, but not limited to, expenditures and 
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sources of funds. 
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SEC. 59. Transitory Provision. - Nothing in this Act shall prejudice the positions, 
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emoluments, security of tenure, qualifications, privileges and benefits of the 
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incumbent Chairperson and Commissioners, officers and employees of the 
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Commission upon its effectivity. 
However, officials and employees of the 
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Oommission, in aid of its reorganization upon the effectivity of this Act, may avail 
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of an early retirement program as may be provided for by the Commission. 
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SEC. 60. 
Separability Clause. -
If any provision of this Act shall be held 
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unconstitutional, other provisions not affected thereby shall remain valid and 
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binding. 
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SEC. 61. 
Repealing Clause. - All laws, republic acts, preSidential decrees, 
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letters of instructions, executive orders, rules and regulations insofar as they are 
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inconsistent with this Act are heretly repealed Qr amended, as the case may be, 
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SEG.62. Effectivity Glause; - This Act shall take effect fifteen (15) days upon its 
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publication in at least two (2) newspapers of general circulation. 
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SO 
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Approved, 
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