On 25 September 2007, the Supreme Court approved the Rule on the Writ
of Amparo’, which is a remedy available to any person whose right to life, liberty,
and security has been violated or is threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity. It
covers both existing extralegal killings and enforced disappearances or threats
thereof.

However, the Supreme Court noted that there has yet to be a law passed

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3594

Introduced by eaaraiie Jerry P. Trefias

EXPLANATORY NOTE

defining extralegal killings and enforced disappearances, to wit:

7AM, No.

“As the law now stands, extra-judicial killings and
enforced disappearances in this jurisdiction are not
crimes penalized separately from the component criminal
acts undertaken to carry out these killings and enforced
disappearances and are now penalized under the Revised
Penal Code and special laws. The simple reason is that
the Legislature has not spoken on the matter; the
determination of what acts are criminal and what the
corresponding penalty these criminal acts should
carry are matters of substantive law that only the
Legislature has the power to enact under the country’s
constitutional scheme and power structure.” * (Emphasis
supplied)

12-SC

* Razon, et al. Vs Tagitis, G.R. No. 182498 (2009)


There is no law that provides for a different set of penalties for extralegal
killings and enforced disappearances, as the culprits accused of these crimes are
merely charged with Revised Penal Code (RPC) felonies (i.e. Murder, Kidnapping,
etc.) There is therefore a need for a specific law that defines these crimes and
provides for stiffer corresponding penalties considering the context and motive of
the commission of these crimes, and the unchecked increase of extralegal killings
and enforced disappearances.

Moreover, there is a need to clearly define what qualifies an act to be
considered as a crime of extralegal killing or enforced disappearance in order to
categorize it beyond the ambit of the RPC penalties. Based on the spate of
extralegal killings and enforced disappearances in the country, it is obvious that
these crimes were committed as a result of political violence. Hence, a political
motive should be the gauge that would determine whether the act committed is
beyond the regular felonies contained in the RPC.

In addition, this bill seeks to deter the execution and abduction of media-
men. The Philippines already has a humiliating reputation of being one of the most
dangerous countries for journalists. This bill shall create a legal presumption that
the execution or abduction of a member of the media was committed with a
political motive. Thus, unless proven otherwise, the abduction or execution of a
journalist shall be considered as a crime of extralegal killing or enforced
disappearance.

The Writ of Amparo alone cannot abate these heinous crimes. It must be
noted that the Supreme Court crafted rule is merely a remedial measure. A
substantive law is necessary in order to prosecute these crimes.

In view of the foregoing, the approval of this bill is highly apd earnestly

recommended. /

JERR’ TRENAS



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3594

Introduced by Honorable Jerry P. Trefias

AN ACT
DEFINING THE CRIME OF EXTRALEGAL KILLING AND ENFORCED
DISAPPERANCE AND IMPOSING THE MAXIMUM PENALTY
‘THEREFOR AND FOR OTHER PURPOSES

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

Section 1. Short Title. -This Act shall be known as the “Anti-Extralegal
Killing and Enforced Disappearance Law.”

Section 2. Declaration of Policy. — It is the policy of the State that it is the
prime duty of the government to serve and protect its people; and that the
maintenance of peace and order as well as the protection of life and liberty are
essential for the enjoyment by all the people of the blessings of democracy.

Section 3. Objectives. - This Act endeavors to define the crimes of

extralegal killing and enforced disappearance as unique offenses from the felonies


contained in the Revised Penal Code. Moreover, this act shall impose more
stringent penalties for those found guilty of the crimes defined hereof.

Section 4. Definition of Terms. —

a.) Extralegal Killing — A politically-motivated execution of a person
done without any legal justification or authority.

b.) Enforced Disappearance — A politically-motivated abduction of a
person done without any legal justification or authority.

¢.) Political Motivation — The compelling factor that qualifies a crime to
that of either Extralegal Killing or Enforced Disappearance. It is the
compelling force that beckons the commission of an act in order to
pursue a desired political goal.

Section 5. Presumption of Political Motive. — Any form of execution or
abduction committed against the following shall be presumed to have been
committed with a political motive:

a.) A person who is a member of the media;

b.) Any person actively participating, connected to, or affiliated with
either local or national elections;

c.) Any person who is an incumbent elected or appointed official;

d.) Any person related by affinity or consanguinity to any incumbent

elected or appointed official;


e.) Any person related by affinity or consanguinity to any person who is a
candidate for any elective position;
f.) Any person actively advocating a particular political stance.

Section 6. Persons Punishable. — The provisions of this law shall apply to
both state and non-state actors. Government officials who are public officers,
persons in authority or agents of a person in authority who acted as principals,
principals by inducement, or in conspiracy with any of the principals are to be
punished with the same penalty. Likewise, officers and members of social
organizations, belligerent groups, and private corporations who acted as principals,
principals by inducement, or in conspiracy with any of the principals shall be
punished with the same penalty.

Section 7. Penalty. — The penalty of life imprisonment shall be imposed
upon any person found guilty of the crime of Extralegal Killing or Enforced
Disappearance. In addition, any public officer found guilty of either Extralegal
Killing of Enforced Disappearance shall be perpetually barred from both elective
and appointive office.

Section 8. Revised Penal Code to Apply Suppletorily. — The provisions of

the Revised Penal Code shall apply suppletorily to this Act.


Section 9. Separability Clause. — If any part, section or provision of this
Act is held invalid or unconstitutional, other provisions not affected thereby shall
remain in full force and effect

Section 10. Repealing Clause. — All laws, decrees, orders, rules and
regulations or other issuances inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

Section 11. Effectivity. - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) national newspapers of general
circulation.

Approved,