Congress of the Philippines

House of Representatives
Republic of the Philippines

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__29

Introduced by Representative EDCEL C. LAGMAN

EXPLANATORY NOTE

Enshrined in the 1987 Philippine Constitution are basic human rights and
fundamental freedoms that the State is mandated to respect, protect, and fulfill. Article II!
on the Bill of Rights seeks to protect these rights and freedoms from abuses and
violations by the State even as Article II, Section 11, unequivocally declares that “the
State values the dignity of every human person and guarantees full respect for human
rights.” That the Philippines is a signatory and/or a State party to nine out of ten core
international human rights instruments affirms this noble commitment.

The Philippines also takes pride in having enacted landmark human rights
legislation such as Republic Act 9346 prohibiting the death penalty, Republic Acts 9745
and 10353 penalizing torture and enforced disappearance respectively, and Republic Act
10368 granting recognition and reparation to martial law human rights violations victims.

Despite the international commitments and legal mechanisms at the domestic
level, human rights and fundamental freedoms and those who work to protect them, the
Human Rights Defenders (HRDs), remain under attack. From September 2013 to
September 2016, the Medical Action Group (MAG) and Task Force Detainees of the
Philippines (TFDP) documented a total of seventy-six (76) cases of human rights
violations/abuses affecting 330 HRDs including the prominent cases of extrajudicial killing
of Elisa Tulid, Sixto Bagasala, Jr., Menelao Barcia, Gloria Capitan’, frustrated killing of
Nestorio Ampudi®, and the arrest and detention of Antonio Tolentino or "Apung Tony"*
Human rights group Karapatan reported in January 2018 the killing of 697 HRDs in the
country since 2001. In a more recent documentation initiative, the TFDP recorded twenty-
six (26) cases from January to June 2018 alone. These include the killing of Datu Victor
Danyan, chair of Tboli-Manobo S'daf Claimants Organization (TAMASCO) in Lake Sebu,
South Cotabato and continuing harassment of TAMASCO members‘ and the harassment

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militarys-encounter-claim/

Page 1 of 17


and vilification in Moises Padilla of Bernardino "Toto" Patigas, former Secretary-General
of the Northern Negros Alliance of Human Rights Advocates (NAHRA).°

Previous cases of human rights violations perpetrated against HRDs including 60
killings were documented by Frontline Defenders in 2017 alone. The International
Foundation for the Protection for Human Rights Defenders tagged the Philippines as one
of the four most dangerous countries for HRDs. With Colombia, Mexico, and Brazil in the
list, the Philippines surfaced as the only Asian country in the top four. The report also
cited the killing of Lumad indigenous leader Renato Anglao who was shot twice in the
head as he travelled by motorcycle with his wife and daughter in Quezon, Bukidnon
province, Northern Mindanao.° The local police alleged that Anglao was on the “list of the
identified illegal drug personalities in the area”. The killings of some HRDs in the country
are usually executed as part of government's anti-drug operation or counter-insurgency
campaign that often result in the filing of “trumped-up” charges.

Recent attacks against human rights defenders include the following:

* Karapatan members Ryan Hubilla, 22, and Nelly Bagasala, 69 were killed by
unidentified gunmen on June 15, 2019 in Sorsogon. The two have long been the
target of surveillance operations by the local police and military; in April, members
of the human rights group were tailed by a pick-up vehicle and a motorcycle, both
without license plates.

+ Former Bayan Muna regional coordinator Neptali Moraga was shot dead on June
17, 2019, days after the killing of Hubilla and Bagasala, in Naga City, Camarines
Sur.

* Davao-based writer, development worker and human rights defender Margarita
Valle was arrested on June 9, 2019 by members of the Criminal Investigation and
Detection Group as she waited for her flight back to Davao at the Laguindingan
Airport in Misamis Oriental. A victim of enforced disappearance, she was detained
incommunicado for eight hours. Authorities later released Valle, admitting that it
was a case of mistaken identity.

+ Union organizer, community leader and Partido ng Manggagawa Partylist nominee
in the recent May elections, Dennis Sequefia, was shot dead in a workers’ meeting
in Barangay Bunga, Tanza, Cavite on June 2, 2019

*  Archad Ayao, 28, a human rights investigator based in the Bangsamoro
Autonomous Region in Muslim Mindanao, was gunned down with his driver Pio
Orteza on May 1, 2019 in Cotabato City.

* Peace consultant Felix Randy Malayao was shot dead on January 30, 2019 inside
a bus en route to Cagayan.

+ Peasant activist Sergio Atay, 35, of the Magbabaul-Kilusang Magbubukid ng
Pilipinas was killed on January 28, 2019 in Rizal, Zamboanga del Norte, hogtied
and bearing signs of torture.

+ Human rights lawyer Atty. Benjamin Ramos, one of the founders of the National
Union of People’s Lawyers, was shot dead on November 7, 2018 in Kabankalan
City, Negros Occidental.

+ Nine sugarcane farmers from Hacienda Nene in Sagay, Negros Occidental were
attacked and killed by armed men on October 20, 2018 while having dinner inside

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their makeshift tent. Three of the victims were burned. The farmers were members
of the National Federation of Sugar Workers.

* Sr. Susan Bolanio, OND, who has been assisting TAMASCO members in their
land rights struggle has been continuously harassed and red-tagged.

+ In November 2018, the Securities and Exchange Commission issued
Memorandum Circular No. 15, requiring non-profit organizations to disclose their
sources of financing, utilization of funds and their activities to “protect” them from
money laundering and terrorist financing abuse; the issuance of the memo is
viewed by human rights groups as a “crackdown” on non-government
organizations and foundations critical of the government's unmitigated war on
drugs and campaign against human rights defenders.

* DFA Secretary Teodoro Locsin’s requirement that EU member countries seek the
DFA’s consent before making donations to Philippine NGOs and subsequent
threat that should said EU countries refuse to follow his instructions, then the DFA
will move for the revocation of these NGOs' SEC registrations is unreasonable and
punitive even as it is unbecoming of the country’s top diplomat. This comes on the
heels of the controversial SEC Memorandum No. 15 dated 08 November 2018
which imposes stringent requirements for NGOs to report their receipt and
utilization of foreign donations.

The shrinking civic space in the country is aggravated by the emerging regional
threat of government restriction on foreign funds for non-profit organizations. The practice
aims to block, restrict, and prevent human rights organizations from using these funds for
their work. The scheme not only incapacitates the HRDs, it also puts them in a more
vulnerable position as with reduced funds, adequate security measures cannot be put in
place.

In May 2018, UN Assistant Secretary General for Human Rights, Mr. Andrew
Gilmour, raised concern with the increasing threats and attacks against human rights
defenders, specifically citing the inclusion of HRDs and activists in the government's
terrorist proscription list. Prior to this, the Department of Justice filed a petition before the
court asking to tag more than 600 individuals as “terrorists”. The list included about 46
human rights defenders.”

In light of the continuing intimidation, reprisal, harassment, and vilification of HRDs,
and the growing culture of impunity, it is imperative for the Philippine Government to
enact a law guaranteeing the protection of rights and fundamental freedoms of HRDs.
The law must also clearly specify the obligations of public authorities to ensure the
enjoyment of these rights and freedoms, and impose appropriate sanctions to counter
impunity.

The proposed legislation is based on the United Nations Declaration on the Right
and Responsibility of Individuals, Groups, and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms* which was adopted
by the UN General Assembly in 1998 and the Model National Law on the Recognition and
Protection of Human Rights Defenders’ crafted by the International Service for Human
Rights. Similar measures were earlier filed in the House of Representatives and the
Senate. House Bill No. 1617, An Act Defining Certain Rights of Human Rights Defenders

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* https://daccess-ods.un.org/TMP/9923012.85266876.htm!
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and Providing Penalties for Violations Thereof in Implementation of the 1998 U.N.
Declaration on the Rights and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally-Recognized Human Rights or otherwise
known as the UN Declaration on Human Rights Defenders”, principally authored by
Representatives Carlos Isagani T. Zarate, Antonio L. Tinio, Emmi A. De Jesus, France L.
Castro, Arlene D. Brosas, Ariel B. Casilao, and Sarah Jane |. Elago, was filed in July
2016 and Senate Bill No. 1699, An Act to Promote and Protect the Rights of Human
Rights Defenders," introduced by Senator Leila De Lima was filed in February 2018.

This Representation filed HB 8128, entitled “An Act Defining the Rights and
Fundamental Freedoms of Human Rights Defenders, Declaring State Responsibilities
and Instituting Effective Mechanisms for the Protection and Promotion of These
Rights and Freedoms’.

HB 1617 and HB 8128 were consolidated and substituted by HB 9199 which was
approved on third and final reading by the House of Representatives in the previous
Congress on 03 June 2019.

This bill is entitled to a fast lane in the proper committee since it has been
approved previously on third and final reading. Sec. 48, Rule X of the Rules of the House
states that “In case of bills or resolutions previously filed in the immediately preceding
Congress which have been considered and reported out by a particular committee, the
same may be disposed of as matters already reported upon the approval of majority of
the Members of the committee present, there being a quorum.”

The expeditious approval by the House of Representatives of this measure early in
the 18" Congress could hasten consideration and passage of its counterpart in the
Senate, and subsequently the long-awaited enactment of the Human Rights Defenders
Protection Law.

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Congress of the Philippines
House of Representatives
Republic of the Philippines

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Representative EDCEL C. LAGMAN

AN ACT
DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS
OF HUMAN RIGHTS DEFENDERS, DECLARING STATE RESPONSIBILITIES,
AND INSTITUTING EFFECTIVE MECHANISMS FOR
THE PROTECTION AND PROMOTION OF THESE RIGHTS AND FREEDOMS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER |
PRELIMINARY PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Human Rights
Defenders Protection Act.”

SEC. 2. Declaration of Policy. — \t is hereby declared the policy of the State:

a. To value the dignity of every human person and to recognize, respect, protect,
promote and fulfill the rights and fundamental freedoms of persons, individually or in
association with others, regardless of race, ethnicity, color, sexual orientation and
gender identity, language, religion, political or other opinion, national or social origin,
property, birth or other status;

b. To give highest priority to the implementation of legislative enactments, executive
issuances and judicial decisions that guarantee respect, protection, promotion and
fulfillment of human rights and fundamental freedoms;

c. To provide access to legal remedies and reparative measures including monetary
compensation and psychosocial accompaniment and rehabilitation to human rights
violations victims;

d. To fully and strictly adhere to the principles and standards on human rights and
fundamental freedoms set by the Constitution and international human rights
instruments including the:

4. Universal Declaration of Human Rights (UDHR);

2. Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms (Declaration on Human Rights
Defenders);

. International Covenant on Civil and Political Rights (ICCPR);

. International Covenant on Economic, Social and Cultural Rights (ICESCR);

. Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT);

6. Convention on the Elimination of all Forms of Discrimination against
Women (CEDAW);

Convention on the Rights of the Child (CRC);
. International Convention on the Protection of the Rights of All Migrant

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Workers and Members of Their Families (CMW);

9. Convention on the Rights of Persons With Disabilities (CRPD);

10. International Convention for the Protection of All Persons from Enforced
Disappearance (CPED);

11.Declaration on the Rights of Indigenous Peoples, and

12. Other universal treaties, comments and resolutions.

SEC. 3. Construction in Favor of Human Rights Defenders. — All provisions of
this Act shall be construed to achieve its objectives. All doubts in the implementation and
interpretation of these provisions shall be resolved in favor of the human rights defender.

SEC. 4. Definition of Terms. - As used in this Act, the following terms shall
mean:

a. Human Rights and Fundamental Freedoms refer to rights or entitlements
inherent in all human persons and freedoms recognized in or declared by international
and regional human rights instruments and customary international law and by national
laws that are consistent with the said instruments and law;

b. Human Rights Defender refers to any person who, individually or in association
with others, acts or seeks to act to protect, promote or strive for the protection and
realization of human rights and fundamental freedoms and welfare of the people, at the
local, national, regional, and international levels;

c. Human Rights Organization refers to a group, organization or association in the
local, national, regional or international level, whether formal or informal, that strive for the
protection of human rights and fundamental freedoms and welfare of the people;

d. Government Agency refers to any department, bureau, office or unit of the
National Government, or any of its branches and instrumentalities, or any political
subdivision, as well as any government-owned or controlled corporation, including its
subsidiaries, or other self-governing branch, commission or council of the Government, to
include but not be limited to any grouping of the Armed Forces of the Philippines,
Philippine National Police or other state security forces, including military or police force
multipliers.

e. Superior Officer refers to mean the next government official who has
supervisory powers or control over the head of the government agency to whom the
subject head reports and shall include but not limited to the President, Department
Secretaries, Chief of Staff of the Armed Forces of the Philippines, the Commanding
General or Rear Admirals of any service in the Armed Forces of the Philippines or the
Director General of the Philippine National Police;

f. Intergovernmental Organization refers to an organization established through a
treaty or other treaties and mechanisms in pursuit of common issues, concerns and
interests;

g. Public Authority refers to any person or body performing a function of a public
nature that is conferred or imposed by or pursuant to law, by popular election or
appointment or delegated, contracted by a governmental authority or agency;

h. Intimidation or Reprisal refers to any form of violence, threat, retaliation, de facto
or de jure adverse discrimination, pressure, judicial harassment, or any other arbitrary or
abusive action or threat related to a person's status, work or activity as a human rights
defender, including proposed, attempted, or imputed work or activity directed at the: (i)
human rights defender; (ii) the human rights defender’s associate (s); (iii) a legal or other
representative of the human rights defender appointed to conduct his or her affairs or to


otherwise act on his or her behalf; (iv) a family member or relative of the human rights
defender up to fourth degree of consanguinity or affinity, and includes common law
relations; (v) a group, association, organization, community or network, whether formal or
informal, with which the human rights defender is associated; (vi) or the home, property or
possessions of the human rights defender or any of the other persons or entities in items
(ii) to (vi).

CHAPTER Ii
RIGHTS AND FREEDOMS OF HUMAN RIGHTS DEFENDERS

SEC. 5. Right to Promote and Protect Human Rights and Fundamental
Freedoms. — Everyone has the right, individually and in association with others, to
promote and to strive for the protection and realization of human rights and fundamental
freedoms at the local, national, regional and international levels

SEC. 6. Right to Form Groups, Associations and Organizations. — Everyone,
individually or in association with others, has the right to form, join, or associate with and
participate in local, national, regional, or international organizations, whether formal or
informal and whether registered or unregistered, for the purpose of promoting and striving
for the protection and realization of human rights and fundamental freedoms.

SEC. 7. Right to Solicit, Receive and Utilize Resources — (1) Everyone,
individually or in association with others, has the right to solicit, receive and utilize
resources, from domestic and international organizations, including governmental,
intergovernmental, philanthropic and private sources, for the express purpose of
promoting and striving for the protection and realization of human rights and fundamental
freedoms.

(2) In pursuance of the right in subsection (1), subject to the provisions of existing
laws and consistent with provisions of this Act, freezing, sequestration or seizure by any
bank or financial institution of the fund solicited from and released by the source is hereby
prohibited.

SEC. 8. Right to Seek, Receive and Disseminate Information. — (1) Everyone,
individually or in association with others, has the right:

a. To know, seek, access, obtain, receive and hold information about all
human rights and fundamental freedoms, including information regarding how
these rights and freedoms are given effect in the legislative, judicial and
administrative systems;

b. To know, seek access, obtain, receive and hold such information
from business enterprises and other private actors as may be necessary for
exercising or protecting, or assisting to exercise or protect human rights or
fundamental freedoms;

c. To freely publish, impart or disseminate to others views, information
and knowledge on all human rights and fundamental freedoms;

d. To study, discuss, form and hold opinions on the observance, both in
law and in practice, of all human rights and fundamental freedoms and, through
these and other means, to draw public attention to these matters.

(2) The right in subsection (1) may be exercised orally, in writing, in print, in the
form of art or through any other media, whether online or offline.

SEC. 9. Right to Develop and Advocate for Human Rights Ideas. - Everyone,
individually or in association with others, has the right to develop and discuss new ideas
and principles which relate to human rights and fundamental freedoms, and to advocate


their acceptance.

SEC. 10. Right to Communicate with Non-governmental, Governmental and
Intergovernmental Organizations. — Everyone, individually and in association with
others, has the right to freely communicate with non-governmental, governmental and
intergovernmental organizations, including subsidiary bodies, mechanisms or experts with
a mandate relevant to human rights and fundamental freedoms, as well as with diplomatic
representations.

SEC. 11. Rights Against Vilification. — A person, individually and in association
with others, has the right against any act of false labeling or name calling, or of malicious
and fabricated accusations against him or her of any offense, or from any other kind of
vilification.

SEC. 12. Right to Access, Communicate and Cooperate with International
and Regional Human Rights Bodies and Mechanisms. — In accordance with
applicable international instruments and procedures, everyone, individually or in
association with others, has the right to unhindered access to and to communicate and
cooperate with international and regional human rights bodies and mechanisms, including
treaty bodies and special procedures or special rapporteurs.

SEC. 13. Right to Participate in Public Affairs. — (1) Everyone, individually or in
association with others, has the right to participate effectively in the conduct of public
affairs, including participation on a non-discriminatory basis in the government regarding
human rights and fundamental freedoms.

(2) The right referred to in subsection (1) includes the right:

a. To submit to any public authority, or agency or organization
concerned with public affairs, criticism on or proposals for improving its
functioning with respect to human rights and fundamental freedoms;

b. To make recommendations to any public authority regarding
legislative or regulatory changes relating to human rights and fundamental
freedoms;

c. To draw to the attention of any public authority any aspect of its work
that may hinder or impede the promotion, protection and realization of human
rights and fundamental freedoms;

d. To call the attention of any public authority to any action or omission
by any actor, private or public, that may involve or contribute to a violation of
human rights or fundamental freedoms; and

e. To freely publish, impart or disseminate to others any information
submitted to any public authority in the exercise of the rights set out in this
Chapter.

SEC. 14. Right to Peaceful Assembly. — (1) Everyone, individually or in
association with others, has the right to meet or assemble peacefully as well as to
participate in peaceful activities concerning human rights and fundamental freedoms, free
from interference that is arbitrary or unlawful by public authorities and private actors, at
the local, national, regional or international level.

(2) The right referred to in subsection (1) includes the right to plan, organize,
participate in and disseminate information regarding peaceful activities concerning human
rights and fundamental freedoms, including demonstrations, protests, seminars and
meetings, whether conducted in a public or private place.

SEC. 15. Right to Represent and Advocate. — 1) Everyone, individually and in
association with others, has the right to assist, represent or act on behalf of another

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person, group, association, organization or institution in relation to the promotion,
protection and exercise of fundamental rights and freedoms, including at the local,
national, regional and international levels.

2) The right referred to in subsection (1) includes the right:

a. To complain about the policies and actions of public authorities with regard to
violations of human rights and fundamental freedoms, by petition or other
appropriate means, to domestic judicial, administrative or legislative authorities
or any other competent authority e.g. Commission on Human Rights, the
Ombudsman

b. To offer and provide professionally qualified legal counsel, paralegal, or other
relevant advice and assistance in defending human rights and fundamental
freedoms;

¢. To attend public hearings, proceedings and trials so as to form an opinion on
their compliance with national law and human rights and fundamental
freedoms; and

d. To submit communications and information of the type referred to in Section 10.

SEC. 16. Right to Freedom of Movement. — (1) A person who is lawfully within

the territory, or subject to the jurisdiction of the Philippines shall, within its territory or
place of jurisdiction, have the right to liberty of movement and freedom to choose his or
her residence and shall have the right to carry out lawful activities in the entire territory or
place of jurisdiction.

(2) No one lawfully within the Philippine territory shall be expelled, by means of an
individual or a collective measure, from its territory, wholly or partially, on account of the
acts as a human rights defender.

(3) No one shall be deprived of the right to enter or leave the country on account of
one's status, activities or work as a human rights defender.

SEC. 17. Right to Privacy. — (1) Everyone, individually or in association with
others, has the right to privacy.

(2) The right referred to in subsection (1) includes the right of a human rights
defender to protect one's privacy through lawful means, including encryption of personal
data, and be free from arbitrary and unlawful intrusion and interference into one’s
personal activities including those concerning one’s family, livelihood and place of work,
one's correspondences and possessions, including all digital data pertaining thereto.

(3) “Intrusion and interference” under subsection (2) includes any form of
surveillance, recording, within the purview of Republic Act No. 4200, otherwise known as
“An Act to Prohibit and Penalize Wire Tapping and Other Related Violations of the Privacy
of Communication, and for Other Purposes,” search and seizure in relation to his or her
legitimate activity or work as a human rights defender.

(4) The right to privacy extends to groups, organizations or associations.

SEC. 18. Freedom from Intimidation or Reprisal. — No person shall be
subjected, individually or in association with others, to any form of intimidation or reprisal
‘on the grounds of or in relation to his or her status, activities or work as a human rights
defender.

SEC. 19. Right to Establish a Sanctuary for Human Rights Victims and or
their Families. — Any person, individually or in association with others, who has been
‘subjected to any form of intimidation or reprisal, has the right to establish sanctuaries for
any human rights violation victim and/ or their immediate families.

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Said sanctuary shall be considered established if that person gives confidential
notice to the Human Rights Defenders Protection Committee created under this Act
indicating that said place, building or area has been constituted as a sanctuary.

SEC. 20. Freedom from Defamation and Stigmatization. — No person shall be
subject to any form of defamation, stigmatization, or other harassment, whether offline or
online, and whether by public authorities or private actors, in connection with one’s status,
activities or work as a human rights defender.

SEC. 21. Right to Exercise Cultural Rights and to Development of
Personality. —

(1) Consistent with Article 18 (1) of the UN Declaration on Human Rights
Defenders, everyone, individually or in association with others, has the right to the
unhindered exercise of the cultural rights in one's activities and work as a human rights
defender and to the free and full development of one’s personality.

(2) The right referred to in Subsection (1) includes the right to challenge and
change traditional customs and practices that violate human rights and fundamental
freedoms.

SEC. 22. Right to Effective Remedy and Full Reparation. — (1) Everyone,
individually or in association with others, has the right to an effective remedy and full
reparation, both monetary and nonmonetary, in the event of a violation of the rights in this
Chapter II or a breach of obligations under Chapter III of this Act.

(2) A person whose rights have been violated or who has been adversely
affected by a breach of obligations has the right to obtain such effective remedy and full
reparation from the appropriate government agency or court of competent jurisdiction.

(3) | Acomplaint with the competent court or tribunal relating to the violation of
Tights under a breach of obligations under Chapter Ill of this Act may be filed by the
following:

a. a human rights defender;

b. an association of the human rights defender;

c. _alegal or other representative of the human rights defender

appointed to conduct the affairs of or to otherwise act on behalf of

the human rights defender;

d. a family member of the human rights defender;

e. a group, association or organization with which the human rights
defender is associated; or

f any person acting in the public interest and consistently in pursuit of
the purposes of this Act; and

g. the Human Rights Defenders’ Protection Committee.

However, the consent of the victim must first be obtained as much as possible. In
the absence of such consent, the human rights organization or association may proceed
with filing the complaint or petition unless the lack or absence of consent is based on the
threat to the life, liberty or security of the victim or his or her family.

SEC. 23. Limitation on the Rights of Human Rights Defenders. — In exercising
the rights in Chapter I! of this Act, a human rights defender, individually or in association
with others, shall be subject only to limitations that are prescribed by law, in accordance
with international human rights obligations and standards, are reasonable, necessary and
proportionate, and are solely for the purpose of securing due recognition of and respect


for the human rights and fundamental freedoms of others and meeting the reasonable
requirements of public order and general welfare in a democratic society.

CHAPTER Ill
OBLIGATIONS OF THE STATE AND PUBLIC AUTHORITIES

SEC. 24 . Obligation to Respect, Promote, Protect, and Fulfill the Rights of
Human Rights Defenders. — Public authorities shall take all necessary measures to
ensure: (1) that the human rights and fundamental freedoms in Chapter II of this Act are
effectively guaranteed and protected; (2) that all laws, policies and programs of
government are consistent with the rights in Chapter II of this Act; and (3) that human
rights defenders are able to undertake their activities and work in a safe and enabling
environment free from restriction.

SEC. 25. Obligation to Facilitate the Activities and Work of Human Rights
Defenders. — Public authorities shall take all necessary measures in accordance with law
to facilitate and protect the exercise of the rights in Chapter II of this Act, which measures
include the obligation to:

a. permit and facilitate access to places where persons are deprived of liberty;

b. permit and facilitate access to places and to information required by human
rights defenders to exercise their rights under Chapter II of this Act;

c. provide information about violations of human rights or fundamental
freedoms that may have been committed within the territory or subject to the
jurisdiction, including the power or effective control of the State;

d. develop and implement policies and measures to promote, support and
enhance the capacity of human rights defenders to protect and promote
human rights and fundamental freedoms; and

e. publicly recognize the role, function, and activities and work of human rights
defenders as legitimate and important.

SEC.26. Obligation to Provide Free Access to Materials Relating to Human
Rights and Fundamental Freedoms. — Public authorities shall make freely available and
accessible both offline and online:

a. The Constitution, national laws and regulations;

b. International human rights instruments;

c. Research, studies, reports, data, archives and other information and materials
within the possession of public authorities that relate to human rights and
fundamental freedoms;

d. Government reports and information submitted to international human rights
bodies and mechanisms;

e. Reports and communications of international human rights bodies and
mechanisms involving the country's compliance with international treaty
obligations;

f. Documents and information related to the decisions or activities of the
Commission on Human Rights and other national authorities with competence in
the field of human rights and fundamental freedoms; and

. All such other information as may be necessary to secure or enable the exercise
of any human right or fundamental freedom under Chapter I! or access to
remedy for violation of any such right.

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SEC.27. Obligation not to Disclose Confidential Sources. — (1) Public
authorities shall not disclose or require disclosure of the identity of sources used by

human rights defenders.
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(1) __ Notwithstanding Subsection (1), public authorities may disclose the identity
of sources used by human rights defenders if both the relevant source and the concerned
human rights defender give informed consent in writing to such disclosure or if so
required by an independent and impartial tribunal in accordance with international
standards.

‘SEC.28. Obligation to Prevent and to Ensure Protection from Intimidation or
Reprisal. — Public authorities shall take all necessary measures to ensure the prevention
of, and protection from any intimidation or reprisal by any other public or private actor.
These shall include protection measures established under pertinent laws.

SEC.29. Obligation to Penalize Intimidation or Reprisal. — Any public authority
or private actor who is found guilty of committing intimidation or reprisal against a person
‘on the grounds of or in connection with his or her status, work, activities as a human
rights defender, shall be subject to penalties as provided for the appropriate crime or
crimes punishable under the Revised Penal Code, in addition to administrative and/or civil
sanctions which take into account the gravity of the offense upon the discretion of the
court or competent authority.

SEC.30. Obligation to Refrain from Derogatory and Unfounded Labeling. — (1)
Under no circumstance shall public authorities engage in false, unfounded and
derogatory labeling of human rights defenders including identifying them as “red,”
“communist,” “terrorist” or “enemies of the State”.

(2) Public authorities shall immediately expunge or rectify such labeling as part of
the non-monetary reparation to victims referred to in Section 22 (2) of Chapter II and
Section 34 of Chapter III of this Act.

SEC. 31. Obligation to Ensure Protection from Arbitrary or Unlawful Intrusion
and Interference. - (1) Public authorities shall take extraordinary diligence to ensure the
protection of human rights defenders from arbitrary or unlawful intrusion and interference
into one's personal activities including those concerning one's family, livelihood and place
of work, one’s correspondences and possessions, including all digital data pertaining
thereto.

(2) Intrusion and interference in subsection (1) includes any form of surveillance,
recording, search and seizure in relation to any person's legitimate activity or work as a
human rights defender without his or her consent.

SEC. 32. Obligation not to Participate in Violating Human Rights and
Fundamental Freedoms. — All public authorities are mandated not to participate, by acts
of commission or omission, in violating human rights and fundamental freedoms.
Subordinate employees have the right and duty to refuse any order from their superiors to
participate in acts that contravene their duty to protect, uphold and promote human rights
and fundamental freedoms, and shall not be subject to any administrative sanctions as a
consequence of such refusal

SEC. 33. Obligation to Conduct investigation. - Whenever there is reasonable
ground to believe that a human rights defender has disappeared, been killed, tortured, ill-
treated, arbitrarily detained, threatened or subject to a violation of any of the rights in
Chapter II of this Act, whether by a public authority or private actor, the State must ensure
that a prompt, thorough, effective, independent and impartial investigation is conducted
with extraordinary diligence and is prosecuted under existing applicable laws, including
RA 9745, “the Anti-Torture Act’, RA 10353, the “Anti-Enforced or Involuntary
Disappearance Act”; and RA 7438, “An Act Defining Certain Rights of Person Arrested,
Detained or Under Custodial Investigation as well as the Duties of the Arresting,
Detaining and Investigating Officers, and Providing Penalties for Violations Thereof’.
Presumption of regularity in the performance of duty by the offending public authority

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shall not be invoked.

SEC.34. Obligation to Ensure Effective Remedy and Full Reparation. — Public
authorities shall take all necessary measures to ensure that an effective remedy and full
reparation are available and provided for violations of the rights in Chapter II and for
breach of the obligations in Chapter III of this Act.

SEC. 35. Obligation to Enforce and Institutionalize Command Responsibility.
= Government agencies shall enforce and institutionalize command responsibility and
impose sanctions against errant superior in both military and civilian agencies as provided
under existing laws and executive issuances.

SEC. 36. Obligation to Adopt Human Rights Based Governance. — Public
authorities shall adopt the human rights based approach to governance and
development, including counter-insurgency and anti-terror programs and policies.

SEC. 37. Obligation to Strengthen Protection Program. - The Commission on
Human Rights shall strengthen its protection program and provide a safe place of refuge
or sanctuary for high risk human rights defenders and or their immediate families, more
particularly those who have filed formal complaints against high ranking public authorities.

SEC. 38. Obligation to Respect the Principle of Non-refoulement. — No person
shall be forcibly returned, expelled or extradited to another State where there are
substantial grounds to believe that the human rights and fundamental freedoms of the
person are in danger of being violated.

SEC.39. Obligation to Promote and Facilitate Human Rights Education. — All
government agencies shall promote, facilitate and adequately provide resources on
teaching, training and education about human rights and fundamental freedoms to all
persons within the country’s jurisdiction. Teaching, training and education programs shall
include information about this Act and the important and legitimate work of human rights
defenders.

The Department of Education (DepEd) and the Commission on Higher Education
(CHED) shall require human rights education as an obligatory curriculum in all academic
institutions, colleges and universities, public or private.

SEC. 40. Diligence Required. — Any complaint or report for violation of human
rights and fundamental freedom shall be dealt with and acted upon with extraordinary
diligence by concerned government personnel. Failure to act within three (3) days from
reporting any violation of this Act shall hold the government personnel criminally, civilly
and administratively liable.

CHAPTER IV
THE HUMAN RIGHTS DEFENDERS PROTECTION COMMITTEE

SEC. 41. Creation and Composition of the Human Rights Defenders
Protection Committee. - (1) There shall be an independent collegial body to be known
as the Human Rights Defenders Protection Committee, herein referred to as the
Committee, shall be composed of one (1) Chairperson and six (6) Members. The
Chairperson shall be selected by the Commissioners of the Commission on Human
Rights from among themselves in an en banc session. The six (6) members shall be
jointly nominated by two (2) representatives each of the Philippine Alliance of Human
Rights Advocates (PAHRA), Karapatan Alliance for the Advancement of People’s Rights


(Karapatan), Free Legal Assistance Group (FLAG), and the National Union of People’s
Lawyers (NUPL) in a meeting called for this purpose, without prejudice to the nominations
of other human rights organizations who have proven track records of probity and
independence.

(2)
Human Rights in an en banc session.
(3)
representation on the basis of the principles of equality and non-
discrimination and adequate representation of ethnic, cultural and minority
groups.

(4)
(CHR) for administrative and budgetary purposes only.
(5)
completion of the selection process of the Chairperson and Members of
the Committee as herein provided in Subsection (1), and shall thereafter
organize its Secretariat.

The aforementioned nominees shall be appointed by the Commission on

The composition of the Committee shall have a balanced gender

The Committee shall be attached to the Commission on Human Rights

The Committee shall organize itself within thirty (30) days from the

SEC. 42. Qualifications of the Committee Members. — The Members of the
Committee shall possess the following qualifications:

(1)
(2)

(3)

(4)

Of high moral character, recognized probity, competence, and integrity;

Of known independence in making decisions and taking stances on issues
and concerns pertaining to the protection and promotion of human rights
and fundamental freedoms;

Must have a deep, thorough and enlightened knowledge and
understanding of human rights and fundamental freedoms and the role,
work, and protection needs of human rights defenders; and

At least two (2) members, including the Chairperson must be members of
the Philippine Bar, who have been engaged in the practice of law for at
least. seven (7) years.

SEC.43. Term of Office. — The Chairperson and Members of the Committee shall
be designated once for a term five (5) years only. Of those first designated, three (3)
Members shall serve for five (5) years, two (2) Members for four (4) years, and the last
two (2) Members shall hold office for three (3) years. Succeeding Chairpersons and
Members shall be designated for a term of not more than five (5) years. Designation to
any vacancy shall be only for the unexpired portion of the term of the predecessor.

SEC. 44. Functions of the Committee. - The Committee shall exercise the
following functions:

a.
b.
ic

Protect human rights defenders from intimidation and reprisals;

Ensure accountability for acts of intimidation and reprisal;

Facilitate and promote inter-agency and inter-department coordination to
prevent, protect from, investigate, and ensure accountability for acts of
intimidation or reprisal;

Investigate on its own or on complaint by any party all forms of violations of
human rights and fundamental freedoms of human rights defenders;

Publicly acknowledge and promote the legitimate and important role, activities
and work of human rights defenders;

Consult regularly and work closely with human rights defenders in the
implementation of this Act;

Monitor existing and proposed legislation, assess their impact or potential
impact on the status, activities and work of human rights defenders, and
propose amendments and/or remedial measures or block their passage if the
measures shall to a large extent adversely affect the human rights defenders

ae


and their work and activities;

h. Prepare and submit reports and communications on the situation of human
rights defenders to relevant international and regional human rights bodies
and mechanisms;

i. Monitor and carry out periodic reviews of the implementation of this Act, the
first of which shall be conducted one (1) year after its effectivity.

j. Submit annual reports on the situation of human rights defenders and the
status of implementation of this Act to the Office of the President of the Senate
and the Office of the Speaker of the House of Representatives;

k. Make recommendations to relevant authorities on the appropriate measures to
be taken to promote a safe and enabling environment for human rights
defenders, mitigate and prevent the risks they face, and address the root
causes of violations against human defenders; and

|. Perform other relevant functions as may be necessary to attain the objectives
of this Act.

SEC.45. Training and Vetting. — All persons involved in the work and activities of
the Committee, including security and law enforcement officials, shall be appropriately
vetted and shall receive training on human rights and fundamental freedoms, the situation
and protection needs of human rights defenders prior to the commencement of the
involvement, and continuing training designed to ensure full and effective implementation
of the Act.

CHAPTER V
PENALTIES

SEC. 46. Penalty for Violations of Sections 5 To 16 of this Act.- The
penalty of prision mayor in its maximum period to reclusion temporal in its medium period
without privilege of parole shall be imposed upon any government personnel or the whole
complement of a government unit, the paramilitary personnel or the whole complement of
the paramilitary unit, the government asset (and/or the military affiliate) who violates any
of the rights of a human rights defender defined in sections 5 to 16 of this Act.

SEC. 47. Penalty for Destroying, Altering, or Falsifying Records and
Documents. - The penalty of prision mayor in its minimum to its medium period or a fine
of One hundred thousand pesos (Php100,000.00) or both, at the discretion of the court,
shall be imposed upon any government personnel or the whole complement of a
government unit, the paramilitary personnel or the whole complement of the paramilitary
Unit, the government asset (and/or the military affiliate) who impede, obstruct, or influence
any preliminary investigation, administrative investigation and/or petition by altering,
destroying, mutilating, concealing, covering up, falsifying, or making any false entries in
any record, document, or specimen whereof, relative to any matter involving any human
rights defenders, defenders or organizations or activities.

SEC. 48. Penalty for any other violations of this Act. — The penalty of
prision mayor in its minimum period or a fine of One hundred thousand pesos (Php 100,
000.00) or both, at the discretion of the court, shall be imposed upon any individual who
violates any other provisions of this Act.

SEC. 48. Violations of this Act as Aggravating Circumstances. - Any
violation of any provision of this Act committed during the commission of a crime defined
in any penal laws shall be considered an aggravating circumstance in the imposition of
the penalty in said crime

SEC. 49. Non-Applicability of the Probation Law. — Any violation of any
provisions of this Act which shall constitute the main crime or as an aggravating
circumstance shall not entitle the offender or the accused to the privileges of probation

1s


under the Probation Law.

CHAPTER VI
FINAL PROVISIONS

SEC. 50. Implementing Rules and Regulations. — (1) Within sixty (60) days from
the effectivity of this Act, the Commission on Human Rights, Member of the House
Committee on Human Rights, Member of the Senate Committee on Justice and Human
Rights, in consultation with PAHRA, Karapatan, FLAG, and NUPL, and other human
rights organizations and individual human rights defenders of known probity, shall jointly
promulgate the Implementing Rules and Regulations (IRR) for the effective
implementation of this Act and shall ensure the full dissemination of the Act and the IRR
to the public.

(2) In formulating the corresponding rules and regulations and in implementing this
Act, the following guiding principles shall be strictly adhered to:

a. Adherence to the rule of law is the ultimate safeguard against violations of

b.

human rights and fundamental freedoms.
Empowerment of human rights defenders is enhanced by their active
participation in formulating, implementing, and evaluating protection
programs for human rights defenders.
Periodic assessments of risks, vulnerability or conflict help identify
protection needs of human rights defenders giving particular attention to
those of women and others’ who are at increased risks.
Keeping and maintaining confidentiality of the personal data collected on
human rights defenders and those referred to in Sec. 22 (3) herein upholds
their right to privacy and security of person.
Continuous training of the members of the Committee Secretariat on
human rights and fundamental freedoms, the root causes of their
violations, and the work and protection needs of human rights defenders
help sustain their commitment to the objectives of the Act.
Independent and effective operation of the Committee and its Secretariat
requires sustained adequate resources.
Transparent, aboveboard, and equitable resource allocation and
disbursement help ensure maximum protection to human rights defenders
and their constituencies particularly those of higher risks and
vulnerabilities.
Risks and challenges faced by women and lesbians, gays, bisexuals and

transgenders (LGBT) human rights defenders and those working on

women’s and LGBT rights and gender issues demand special attention.
Generating support from a strong, independent, and effective national

human rights institution and from the general public enhances and

contributes to the effective work of human rights defenders.
Open access to the United Nations and international human rights bodies
contributes to a safe and enabling environment for human rights defenders
to work in.

SEC. 51. Suppletory Applications. - The applicable provisions of the Revised
Penal Code shall have suppletory application insofar as they are consistent with the
provisions of this Act.

SEC. 52. Appropriations. - The amounts necessary for the implementation of this
Act shall be included in the annual General Appropriations Act.

SEC. 53. Separability Clause. — If for any reason any part or provision of this Act

6


is declared unconstitutional or invalid, the other parts or provisions hereof which are not
affected thereby shall remain and continue to be in full force and effect.

SEC. 54. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof, inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.

SEC. 56. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette, or in a newspaper of general circulation.

2 an

Approved,

7