HOUSE. OF REPRE
SEVENTEENTH CONGRI OF THE REPUBLIC) RECEINTID
OF THE PHILIPPINES ) ~
First Regular Session )
HOU ITATIVES

Introduced by Representative Herminio Harry L. Roque Jr.

“AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED
PERSONS AND PENALIZING THE ACTS OF ARBITRARY
INTERNAL DISPLACEMENT”

EXPLANATORY NOTE

‘A humanitarian issue that has always been prevalent in the country is “internal

displacement.” Internal displacement refers to “the involuntary movement or forced
evacuation or expulsion of any person or group of persons who flee or leave their homes or
places of habitual residence, within the national borders, as a result of or in order to avoid or
minimize the effects of armed conflict, situations of generalized and/or organized violence,
violations of human rights, implementation of development projects, natural, human-induced
and human-made hazards.” It is a common phenomenon in the Philippines brought about
mostly by long-standing insurgencies, as well as natural and man-made calamities, among
others. Involuntary displacement is a serious social problem that needs to be addressed as it
results in loss of lives and properties, psychological trauma, family disintegration, disruption
in education, loss of employment, anarchy. over-all vulnerability, and the like.

It is the policy of the State to respect the dignity and human rights of every human

person, This bill, which aims to promote and protect the rights of internally displaced
1

ENTATIVES


persons (IDPs), fulfills this policy. IDPs should not be considered merely as “collateral

damage”

of armed conflict or other humanitarian emergencies, as each one of us has a stake
in human security and development. It is also sobering to note that every person in the
country is susceptible to becoming an IDP.

This “Rights of Internally Displaced Persons Act” has the following main features:

a) It details all the rights and entitlements of IDPs.

b) It provides a mechanism where IDPs could be awarded damages for prohibited acts of
arbitrary internal displacement.

©) It sets up a Joint Congressional Oversight Committee & inter-agency coordinating
committee that would monitor compliance with this Act.

d) __ Itestablishes the Commission on Human Rights (CHR) as the institutional focal point
for IDPs.

In view of the foregoing, the passage of this bill is earnestly sought.

(VEN

HERMINIO HARRY L. ROQUE, JR.
House of Representatives


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SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REP! ‘TATIVES,
H.B. No. PRESENTA

Introduced by Representative Herminio Harry L. Roque Jr.

“AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED
PERSONS AND PENALIZING THE ACTS OF ARBITRARY
INTERNAL DISPLACEMENT”

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
Displaced Persons Act”.

ights of Internally

SEC. 2. Declaration of Principles and State Policies. — Consistent with the principles
enshrined in the Constitution, the standards set by international humanitarian law and human
rights laws, international treaties and conventions adhered to by the Philippines, including the
United Nations’ Guiding Principles on Internal Displacement (UNGPID), and existing
Philippine laws, such as the “Philippine Act on Crimes Against International Humanitarian
Law, Genocide, and Other Crimes Against Humanity” (R.A. 9851) and the “Urban
Development and Housing Act of 1992” (R.A. 7279), it is also hereby declared a State policy
to adopt a rights-based approach for the promotion and protection of the rights of internally
displaced persons in situations of armed conflict, generalized and/or organized violence, clan
wars, violations of human rights, implementation of development projects, natural, human-
induced and human-made hazards.

In the event of armed conflict, the parties shall ensure the promotion and protection of
the rights of the victims of armed conflict in accordance with international humanitarian law
and international human rights laws.

‘The State shall harmonize all legal measures pertinent to “Internally Displaced

Persons or group of persons” (IDPs), and ensure that such are consistent with this law.


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SEC. 3. Definition of Terms. ~ As used in this Act:

a. Apartheid refers to inhumane acts committed in the context of an
institutionalized regime of systematic oppression and domination by one racial group or
groups and committed with the intention of maintaining that regime.

b. Arbitrary internal displacement refers to act of displacement or any other
coercive act committed by any person or group/s of persons and directed against the civilian
population, which are contrary to law, good morals, public order or public policy, or
committed with abuse of authority, oppressive or wanton disregard of the right to life, liberty
or property and abode of the residents of an area in which they are lawfully present, and
characterized by those situations as defined in Section 6 of this Act.

©. Clan War refers to any conflict that may arise between members of different
indigenous groups, indigenous cultural communities or clans, or between and among
members of the same indigenous group, cultural community or clan.

d. Ethnic cleansing refers to the act of rendering an area ethnically homogenous by
using force or intimidation to remove from a given area persons of another ethnic or religious
group.

e. Generalized and/or organized violence refers to the purposeful and systematic

use of terror and brutality to control individuals, groups and communities, through the use of
overwhelming force, and characterized by widespread, massive or sufficient intensity,
causing arbitrary internal displacement of persons or communities.

Its methods include causing severe pain and suffering, killing, intimidating,
threatening, and in some cases, destroying a community, ethnic group or political opposition.

£ Implementation of development projects refers to the carrying out of any
undertaking or activity aimed at economic or political growth, advancement and expansion
that results or may result to arbitrary intemal displacement of persons: Provided, That the

term does not include legi

fate resettlement schemes and/or programs.

& Internal displacement refers to the involuntary or coerced movement or
relocation of persons, families, or communities from their areas of habitual abode and source
of substance within the national borders, as a result of or in order to avoid or minimize the
effects of armed conflict, situations of generalized and/or organized violence, violations of
human rights, implementation of development projects, natural, human-induced and human-

made hazards.


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h. Internally displaced person or group of persons (IDP), refers to any person or

group of persons who has or have been forced or obliged to flee or to leave their homes or
places of habitual residence within the national borders, as a result of or in order to avoid or
minimize the effects of armed conflict, situations of generalized and/or organized violence,
violations of human rights, implementation of development projects, natural, human-induced
and human-made hazards.

i. Order of Battle/Watchlist refers to a document or an organizational tool used
by military or Jaw enforcement agencies that, inter alia, lists persons or organizations
perceived as being hostile to the State, the Government or the Armed or Police Forces”, or to
any document made by non-state actors, whether natural or juridical, listing the names of
persons and organizations, that are perceived to be obstacles, in any way, to such non-state
actor, and making those in such list vulnerable to arbitrary internal displacement.

SEC. 4, Scope. ~ This Act shall primarily provide for the protection of rights of IDPs
during and after displacement, as well as their return, local integration or resettlement
elsewhere. This Act shall likewise cover arbitrary internal displacement of civilians as a

result of or in order to avoid the effects of armed confli

. situations of generalized and/or
organized violence, violations of human rights, implementation of development projects,
natural, human-induced and human-made hazards.

To address the risks involved in natural hazards and the over-all impact of climate
change and global warming on the rights of those who are internally displaced, due reference
shall be made to the pertinent provisions of Republic Act No. 9729, otherwise known as the
Climate Change Act of 2009 and Republic Act No. 10121, otherwise known as the Philippine
Disaster Risk Reduction and Management Act of 2010.

SEC. 5. Primary Duty to Protect the IDPs, — National authorities have the primary
duty and responsibility to provide protection and humanitarian assistance to internally
displaced persons within their jurisdiction. As such, State authorities, including local
government units (LGUs) and parties to an armed conflict, irrespective of their legal status
and applied without any adverse distinction, shall respect and ensure compliance with their
obligations under international law, including human rights law and humanitarian law, so as
to prevent and avoid conditions that might lead to arbitrary internal displacement of persons.

SEC. 6. Prohibited Acts of Arbitrary Internal Displacement. ~The prohibited acts of

arbitrary internal displacement shall include those committed:


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a. based on policies of apartheid, ethnic cleansing, or similar practices aimed at
or resulting in altering the ethnic, religious or racial composition of the affected population:
b. in situations of armed conflict, unless the safety and security of civilians

are involved or imperative military reasons so demand;

in cases of development projects, which are not justified by compelling and
overtiding public interest and with proper implementation of return, local integration or
resettlement elsewhere of affected IDPs:

4. in cases of natural, human-induced and human-made hazards, unless the safety
and health of those affected require their evacuation;

e. when used as a form of collective punishment;

in cases of clan wars, unless the safety and security of those civilians not
involved in the conflict are endangered; and

g. in violation of the rights of IDPs granted under Section 9, paragraphs b and g
of this Act, and

h. in cases where there is malice, bad faith, gross negligence or in any manner
causes willful violation of the rights granted under Section 9, paragraphs a, c, d, e and f of
this Act.

An Order of Battle or any document of similar nature issued by the military or any
law enforcement agency of the government shall not justify arbitrary internal displacement
and shall subject the perpetrators to the penalties provided under Section 13 of this Act.

SEC. 7. Safeguards against Arbitrary Internal Displacement. — If displacement is
inevitable under circumstances beyond control that pose hazardous risks to lives and
properties of persons living in communities, displacement shall not be carried out in a manner
that violates the rights to life, liberty, dignity, security, and property of those affected,
irrespective of their legal status and applied without any adverse distinction.

All concerned authorities, groups and persons shall observe the following safeguards
against arbitrary internal displacement:

a. All feasible alternatives shall be explored in order to avoid displacement.
Where no alternative exists, all measures shall be undertaken to minimize displacement and
its adverse effects on the population that will be affected;

b. If displacement is inevitable, the authorities, pursuant to their respective
mandates and functions, shall ensure, to the greatest practicable extent, that proper
accommodation is effected in satisfactory conditions of safety, nutrition, water and sanitation,

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health and hygiene, and that members of the same family, especially women and children, are
not separated;

¢. Indigenous peoples, minorities, peasants, pastoralists, persons with disabilities
(PWDs) and other groups with special dependency on and attachment to their lands shall be
protected from arbitrary internal displacement, in accordance with Republic Act No. 8371,
otherwise known as the Indigenous People’s Rights Act of 1997; and

d. In situations other than during the emergency stages of armed conflicts

and hazards, the following guarantees shall be complied with:

1) a specific decision shall be taken by the authority empowered by law to order
such measures:
2) full disclosure of information on the reasons and procedures for the

displacement and when applicable, also on financial assistance and relocation;

3) free and informed consent of those persons to be displaced shalll be sought;

4) authorities concerned shall endeavor to involve those affected, particularly
women, children, elderly persons, and PWDs, in the planning and management of their
retum, local integration or resettlement elsewhere;

5) law enforcement measures, when required, shall be carried out by competent
legal authorities: and

6) the right to an effective remedy, including the review of such decisions by
appropriate judicial authorities, shall be respected.

SEC. 8. Permanent Prohibition Against Arbitrary Internal Displacement. — The
prohibition on arbitrary internal displacement and the fundamental safeguards for its
prevention shall not be suspended under any circumstance, including political instability,
threat of war, state of war or other public emergencies.

SEC. 9. Rights During and After Displacement. — Pursuant to the provisions of the
Bill of Rights under Article III of the Philippine Constitution, the following rights shall be
afforded to IDPs during and after their displacement, without discrimination of any kind,
such as those based on race, color. sex, language, religion or belief, political or other opinion,
national, ethnic or social origin, legal or social status, age, disability, property, birth, lack of
tenurial claim, or on any other similar criteria:

a. Provision and Access to Basic Necessities. ~ At the minimum, regardless of

the circumstances, and without discrimination, and with special attention to gender sensitivity


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and varying vulnerabilities competent authorities shall provide IDPs with and ensure safe

access to:

1) essential and adequate food and nutrition and potable water;

2) basic shelter and housing, in conformity with the “National Building Code of
the Philippines” (R.A. 6541):

3) appropriate clothing; and

4) essential medical and dental services and sanitation, including psychological

and social services and essential drugs and medicines;

Competent authorities shall also provide due respect to the cultural sensitivities and
religious beliefs of certain IDPs, in the provision of the aforementioned necessities.

b. Protection Against Criminal Offenses and Other Unlawful Acts. —

1) It shall be prohibited to commit any of the following acts against IDPs in all
circumstances

(i) murder;

(ii) hostage-taking:

(iii) summary or arbitrary execution and enforced disappearance, including
abduction or unacknowledged detention, threatening or resulting in death; and

(iv) unlawful confinement;

2) Attacks or other acts of violence against IDPs who do not or no longer
participate in hostilities shall be prohibited in all circumstances, without prejudice to being
held liable for any offense committed by them. In particular, IDPs shall be protected against:

(i) direct or indiscriminate attacks or other acts of violence, including the creation
of areas wherein attacks on civilians are permitted;

(ii) starvation as a method of combat;

(iii) their being used to shield military objectives from attack, or to shield, favor or
impede the operations of the military, police or any armed group;

(iv) attacks against. any evacuation center, facility, encampment or other
settlements: and

(¥) use of anti-personnel landmines;

3) IDPs, whether or not their liberty has been restricted, shall be protected in
particular against

() rape and other outrages upon personal dignity, such as forced prostitution,

trafficking of persons, any act of gender-specific violence, or any form of indecent assault;


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(i) mutilation, torture, cruel, inhumane or degrading treatment or punishment;
(iii) any form of violence against children, such as trafficking, forced labor or

sexual exploitation and other violations of children’s right

(iv) slavery or any contemporary form of slavery, such as sale into marriage,
sexual exploitation or forced labor of children; and

(v) acts of violence intended to spread terror among IDPs.

Threats and incitement to commit any of the foregoing acts under paragraph b,
subsections 1) and 3) herein shall be prohibited;

4) IDPs shall not be interned in or confined in any evacuation center, facility,
encampment or other settlements. If in exceptional circumstances such internment or
confinement is necessary, it shall not last longer than what is required by the circumstances,
as may be determined by the Commission on Human Rights (CHR), in close coordination
and consultations with the military and law enforcement agencies conducting operations, and

other concerned agencies of the government; and

IDPs shall be protected against discriminatory practices of recruitment into the
Armed Forces of the Philippines (AFP), law enforcement agencies or any armed group as a
result of their displacement. In particular, any cruel, inhumane or degrading practice that
compel compliance or punish non-compliance with recruitment shall be prohibited in all
circumstances;

c

‘reedom of Movement.—1) Every IDP has the right to liberty of movement
and the right to move freely in and out of any evacuation center, encampment or other

settlements, subject to its existing rules and regulations;

2) IDPs, whether or not they are living in an evacuation center, encampment or
other settlements, shall not be discriminated against in the enjoyment of the following rights:

G) to enjoy freedom of thought, conscience, religion or belief, opinion and
expression:

(ii) to seek freely opportunities for employment and to participate in economic
activities;

(iii) to associate freely and participate equally in community affairs;

(iv) to vote and participate in governmental and public affairs, including the right
to have access to the means necessary to exercise these rights; and

(v) to. communicate in a language they understand;

3) IDPs have the right to:


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(seek safety in another part of the country;

(i) leave the country;

(iii) seek asylum in another country; and

(iv) be protected against forcible retum to resettlement in any place where
their lives, safety, liberty and/or health would be at risk;

d. Recognition, Issuance and Replacement of Documents. — 1) The authorities
concerned shall issue to the IDPs all documents necessary for the enjoyment and exercise of
their legal rights. In particular, these authorities shall facilitate the issuance of new documents

or the replacement of documents lost in the course of displacement,

ithout imposing

unreasonable conditions and without discrimination against men and women, who shall have
equal rights to obtain and to be issued the same in their own names;

2) Within a reasonable time, the pertinent national authorities, in close collaboration
with the LGUs exercising territorial jurisdiction over the affected area/s shall establish a

‘one-stop shop” for all documentation and registration needs of IDPs, which shall be set up at
a convenient location for IDPs, such as an evacuation center.

e. Family Unity and Missing Persons. — 1) Members of internally displaced
families who wish to remain together shall be allowed to do so. Families that are separated by
displacement and whose personal liberty have been restricted by internment or confinement
in any evacuation center, facility, encampment or other settlements should be reunited
immediately

with appropriate measures taken to expedite the reunion, particularly when
children are involved;

2) The State shall encourage cooperation among international and local
humanitarian organizations engaged in the task of family reunification;

3) The authorities concerned shall endeavor to establish the fate and whereabouts

of IDPs reported missing and cooperate with relevant international organizations engaged in

this task. They shall inform the next-of-ki

on the progress of the investigation and notify
them of any result;

4) The authorities concerned shall endeavor to collect and identify the mortal
remains of the deceased, prevent their despoliation or mutilation and facilitate the return of
those remains to the next-of-kin or dispose of them respectfully;

Competent authorities shall also provide due respect to cultural sensitivities and

religious beliefs of certain IDPs, in the care and disposition of the deceased; and

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5) Grave sites of IDPs shall be protected and respected in all circumstances and
shall have the right of access to the grave sites of their deceased relatives;

f£ Health and Education. ~ 1) Certain IDPs, such as children, especially
unaccompanied minors, expectant mothers, mothers with young children, female heads of
households, persons with disabilities, elderly persons and other vulnerable, disadvantaged
and marginalized groups or individuals shall be entitled to protection and assistance required
by their condition and to treatment which takes into account their special needs;

2) All wounded and sick IDPs, as well as those with disabilities, shall receive to
the fullest extent practicable and with the least possible delay the medical care and attention
they require, without distinction on any ground other than the medical ones. IDPs shall have
access to psychological and social services and such other forms of assistance necessary for
them;

3) Special attention shall be paid to the health needs of women, including access
to comprehensive female health care services, to be provided whenever feasible by female
health care providers, as well as appropriate counseling and other services for victims of
sexual and other abuses;

4) Special attention shall also be given to the prevention of contagious and
infectious diseases, including AIDS, among IDPs; and

5) The authorities concerned shall ensure that IDPs, in particular, displaced
children, receive education that shall be free and compulsory at the primary level. Special
efforts shall be made to ensure the full and equal participation of women and girls in

educational programs, and that respect for their cultural identity, language and religion,

educational and training facilities shall be made available to them as soon as circumstances
permit; and
2. Property and Possessions. ~ The property and possessions of IDPs shall, in all

circumstances, be protected against the following acts:

1) pillage or looting:
2) direct and indiscriminate attacks or other acts of violence;
3) being used to shield military operations or objectives;

4) being made the object of reprisal;

5) being destroyed or appropriated as a form of collective punishment; and

6) destruction, arbitrary and illegal appropriation, occupation or use.

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The LGU exercising territorial jurisdiction over the affected area/s, with the assistance
of the National Government, shall endeavor to facilitate the transportation of such property
and possessions of IDPs, in a safe and secure area, during and after displacement, subject to
logistical considerations.

The rights and obligations herein shall not be interpreted as restricting, modifying or
impairing the provisions of any international human rights or international humanitarian law
or rights granted to persons under domestic law.

SEC. 10. Assistance During Displacement of IDPs

— The primary duty and
responsibility for providing humanitarian assistance to IDPs lie with national authorities, in
close collaboration with the LGUs exercising territorial jurisdiction over the affected area/s.
As such, the military and law enforcement agencies conducting operations, the Department of
Social Welfare and Development (DSWD), the Department of Health (DOH), the local
government hospitals, the LGUs concerned and other appropriate government agencies shall
provide immediate relief and humanitarian assistance to IDPs, families and communities.

Humanitarian assistance to IDPs shall not be diverted for any political or military
reason, All authorities concerned shall grant and facilitate the free passage of humanitarian
assistance to the internally displaced and ensure rapid, safe and unimpeded access of persons
engaged in giving such assistance, their transport and supplies to the displaced communities.
They shall not be the objects of attack or other acts of violence.

All concerned authorities shall assist the IDPs in the recovery of their property and
possessions, and shall provide or assist these persons in obtaining appropriate financial
assistance or other forms of just reparation.

SEC. 11.

wrly Recovery Pian. - The LGUs exercising territorial jurisdiction over the
affected area/s shall craft an early recovery plan, in coordination with the IDPs, which may
include the putting up of specific infrastructure for evacuation,

SEC. 12. Return, Local Integration or Resettlement Elsewhere. — Competent
authorities, such as the military and law enforcement agencies conducting operations, the
DSWD, the DOH, the local government hospitals, the LGUs concerned and other appropriate
government agencies, shall have the primary duty and responsibility to establish conditions
and provide means for IDPs to return voluntarily. in safety and with dignity, to their homes or
places of habitual residence, or to resettle voluntarily in places of refuge and/or in another
part of the country, taking into consideration the right of IDPs to choose a residence, and with
due respect for the cultural heritage and traditions of Indigenous Peoples.

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Said authorities, including the CHR, shall likewise ensure prior consultations and the
full participation of IDPs, during and after the planning and management of their return, local
integration or resettlement elsewhere.

SE

13. Mechanisms for International Humanitarian Assistance. ~ Intemational
humanitarian organizations, their local counterparts and other appropriate actors shall have
the right to offer their services, including humanitarian assistance, in support of the internally
displaced. These acts shall be considered done in good faith and not as unfriendly acts or
interference in the internal affairs of the government. Consent thereto shall not be arbitrarily
withheld, particularly when authorities concerned are unable or unwilling to provide the
required humanitarian assistance.

When providing assistance to IDPs, said organizations shall respect relevant domestic
laws, international standards and codes of conduct. They shall give due regard to the
protection of the needs and human rights of the IDPs.

The importation and donation of food, clothing, medicine and equipment necessary
for relief and assistance of IDPs are hereby authorized in accordance with Section 105 of the
Tariff and Customs Code of the Philippines, as amended, as regards national internal revenue
taxes and import duties of national and local government agencies, and the prevailing
provisions of the General Appropriations Act (GAA).

SEC. 14, Penalties, ~ a. The penalty of reclusion temporal in its minimum to medium
period shall be imposed upon any person or group of persons who commit the following

1) Those who directly commit the act of arbitrary internal displacement;

2) Those who directly force, instigate, encourage, induce or incite others to
commit the act of arbitrary intemal displacement;

3) Those who cooperate in the act of arbitrary internal displacement by
committing another act, without which the act of arbitrary internal displacement would not
have been carried out;

4) Those who cooperated in the execution of the act of arbitrary internal
displacement by previous or simultaneous acts; and

5) Those commanding officers of the military, police or other law enforcement
agencies or other authorities, for acts of arbitrary internal displacement committed by forces
under their effective command and control, or effective authority and control as the case may
be, as a result of their failure to exercise proper control over such forces, where the

commanding officers or authorities knew or, owing to the circumstances at the time, should

3


have known that the forces were committing or about to commit such crimes, and failed to
take all necessary and reasonable means within their power to prevent or repress their
commission, or to submit the matter to competent authorities for investigation and
prosecution.

6) In case the acts of arbitrary internal displacement are committed by a
corporation or a juridical entity, the members of the Board of Directors who were present in
the meeting and who actually voted for the approval of the resolution or order directing the
commission of arbitrary internal displacement, and the corporate officers or agents who
carried out such resolution or order of the corporation shall each be criminally liable.

b ‘The penalty of prision mayor in its minimum period shall be imposed upon
those who attempt to commit the offense of arbitrary internal displacement.

c. The penalty of prision mayor in its minimum period shall be imposed upon
persons who, having knowledge of the act of arbitrary internal displacement and without
having participated therein, either as principals or accomplices, took part subsequent to its
commission by any of the following acts:

1) By themselves profiting from or assisting the offender to profit from the
effects of the act of arbitrary internal displacement;

2) By concealing the act of arbitrary internal displacement and/or destroying the
effects or instruments thereof, in order to prevent its discovery; and

3) By harboring, concealing or assisting in the escape of the principal/s in the act
of arbitrary internal displacement:

d. The courts shall impose the corresponding accessory penalties under the
Revised Penal Code, especially where the offender is a public officer.

SEC. 15. Applicability of the Revised Penal Code and Special Penal Laws. - The
provisions of the Revised Penal Code and other relevant special penal laws, insofar as they
are applicable, shall be suppletory to this Act.

SEC. 16. Non-prescription. ~ The crimes defined and penalized under this Act, their
prosecution, and the execution of sentences imposed on their account, shall not be subject to
any prescription.

SEC. 17. Jurisdiction of the Courts. — The proper and competent civilian courts shall
have jurisdiction over the offense of arbitrary internal displacement as defined and penalized

in this Act.

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SEC. 18. Damages. - A court of competent jurisdiction shall determine the damages
inflicted against IDPs and direct the persons responsible for arbitrary internal displacement to
award monetary compensation under the following circumstances:

a. Where death of an individual victim occurs, the amount of one hundred

thousand pesos (Php 100,000.00) shall be granted to the legal heirs of the victim as a death
benefit;

b. Where physical, emotional and/or psychological injury is caused to an

individual victim, actual and compensatory damages, including moral, nominal, exemplary
and temperate damages resulting from such injury, shall be paid to the victim. Upon a finding
of such injury and distinct from the compensation for actual, compensatory, moral, nominal
and/or temperate damages, such determination shall also include a referral to the DOH and
DSWD for appropriate interventions or services, to include psycho-social intervention and

rehabilitation; and

c Where loss of or damage to property of an individual victim occurs, the
amount corresponding to the fair market value of the property lost or destroyed or the amount
mutually agreed upon by the parties involved, whichever is higher, shall be paid to the victim.

Cases for damages filed under this Act shall be considered as an independent civil
action and summary in nature. The Supreme Court shall promulgate the necessary rules and
regulations to govern the procedure for cases filed in this manner.

SEC. 19. Civil Liabilities. ~ Any public officer or employee, or any private person,
who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs
any of the rights and liberties of another person enunciated in this Act shall be liable to the
latter for damages.

SEC. 20. Financial Assistance to IDPs. ~ Whenever human rights violations are
caused to the IDPs as incidents or consequences of arbitrary internal displacement, the
necessary financial assistance for their return; local integration; or resettlement elsewhere
shall be provided

The CHR shall enhance its existing financial assistance program for victims of such
human rights violations to include financial assistance for the purpose of facilitating the
reparationg return: local integration: or re settlement elsewhere of IDPs. Provided, That in
no case shall financial assistance exceed ten thousand pesos (Php 10,000.00) per person,

Receipt of such financial assistance shall be without prejudice to the amount of
assistance granted under other government programs, such as the Victims’ Compensation

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Program of the Department of Justice (DOJ) by virtue of Republic Act No. 7309, the relief
assistance to IDPs by the DSWD, the DOH, and other similar programs which may be made
available to the IDPs under existing laws, rules and regulations.

SEC. 21. Non-Monetary Reparation. ~ The DOH, the DSWD, the Department of
Education (DepEd), the Commission on Higher Education (CHED), the Technical Education
and Skills Development Authority (TESDA) and such other agencies, shall render necessary
services as non-monetary reparation for IDPs and their families as may be determined, in
coordination with the CHR, pursuant to the provisions of this Act.

SEC. 22. Role of the CHR. - The CHR shall be designated as the institutional focal
point for IDPs. As such, the CHR shall have the following additional functions:

a. To monitor IDP conditions through the development of a system to track
concerns, actions taken and other relevant information to ensure that IDP rights are respected,
protected, and fulfilled in all phases of internal displacement;

b. To conduct public inquiries, document violations of human rights, assist IDPs
in seeking redress of grievances and work to ensure an effective response by the concerned
authorities;

c. To investigate, on its own or on complaint by any party, all forms of human
rights violations against IDPs involving civil and political rights, in accordance with Section
18(1) of Article XIII of the Constitution, and when found in the investigation that the filing of
a case in court is warranted, request the assistance of any department, bureau, office or
agency, such as the National Prosecution Service of the DOJ or the Ombudsman, by virtue of
Executive Order No. 163, series of 1987;

d. To render financial assistance at its sole discretion, and to issue necessary
guidelines to implement the same:

e. To recommend to the other agencies of government, taking into consideration
their respective mandates and functions, the grant of assistance to IDPs, as may be
appropriate:

f. To cite any person in contempt for violations of the orders issued by them in
accordance with the Rules of Court;

g. To follow up on early warning and ensure effective measures to protect the

civilian population against arbitrary internal displacement;

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h, To advise the government on the rights of IDPs, formulate sound national
policy and legislation and to facilitate discussions to effectively address situations of internal
displacement;

i To undertake educational activities and training programs for State authorities,
including the AFP;

j To hold public information drives on the protection and rights of IDPs, and
foster their participation in the decision-making process regarding issues that concern them;
and

k. To carry out such other acts that may be necessary to fully implement the
purposes of this Act.

SEC. 23. Role of the DSWD. The DWSD shall have the following functions, among
others:

a. To render psycho-social interventions and similar services to IDPs:

b. To facilitate linking IDPs to employment opportunities, support services and other
livelihood programs, in cooperation with other government agencies, such as, but not limited
to, the Department of Agriculture (DA), Department of Agrarian Reform (DAR) and the
Department of Trade and Industry (DTD):

c. To provide capital assistance to IDPs, who wish to start their respective trade or
business , subject to reasonable rules and regulations: and

d. To carry out such other acts that may be necessary to fully implement the
aforementioned functions.

SEC. 24. Joint Congressional Oversight Committee. — A Joint Congressional
Oversight Committee is hereby created, composed of the Chairperson of the Senate
Committee on Justice and Human Rights and seven (7) other Senators designated by the
Senate President, and the Chairperson of the House Committee on Human Rights and seven
(7) other Members of the House of Representatives, designated by the Speaker of the House
of Representatives: Provided, That of the seven (7) Members to be designated by each House
of Congress, four (4) shall represent the Majority and three (3) shall represent the Minority.

‘The Joint Congressional Oversight Committee shall also have the power to inquire
into, summon and investigate the Orders of Battle as defined under this Act, and/or any
document of similar nature, as well as the legal and factual justifications for the inclusion of
specific persons and groups in said Orders of Battle or similar documents. In this regard, the

Joint Congressional Over

1 Committee may issue mandatory process directing the

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transmission of all such documents relevant and necessary for the Committee to determine
the validity of the inclusion of specific persons or groups in the Orders of Battle or similar
documents. For this purpose, the highest ranking officers or heads of offices shall be charged
with testifying before the Joint Congressional Oversight Committee in relation to any
inquiries on the Orders of Battle or similar documents

The invocation of national security as a defense may not prevent the Joint
Congressional Oversight Committee from inquiring into the factual and/or legal bases for the
existence of an Order of Battle, or any similar document, or the inclusion of specific persons
or groups in said Orders of Battle or similar documents. Should there be a need to inquire into
the factual basis for the invocation of national security, the Committee shall convene in an
executive session and hear the officials invoking it. Should the basis not be satisfactory to the
Committee. the public hearing/s will continue and appropriate recommendations shall
thereafter be made by the Committee,

SEC. 25. Monitoring of Compliance. ~ An inter-agency coordinating committee shall
be tasked to periodically monitor the compliance with this Act. The Committee shall be
headed by the Chairperson of the CHR. Members of the group shall be composed of:

a. A representative, with the rank of Undersecretary, from the Department of
Social Welfare and Development;

b. A representative, with the rank of Undersecretary, from the Department of
National Defense:

©. ‘A representative, with the rank of Undersecretary, from the Department of

Interior and Local Government;

d. A representative, with the rank of Undersecretary, from the Department of
Health:

©. A representative, with the rank of Undersecretary, from the Department of
Justices

fA representative from the Office of Civil Defense /National Disaster Risk

Reduction and Management Coordinating Council;

g. A representative from the National Commission on Muslim Filipinos;
h. A representative from the National Commission on Indigenous Peoples:

i. A representative from the Office of the Presidential Adviser on the Peace Process

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j. A representative of IDP-oriented human rights non-governmental
organizations (NGOs) and other human rights groups of the same nature, nominated by a
selection board composed of human rights groups and NGOs;

k. The Chairperson of the Committee on Justice and Human Rights of the

Senate:

L The Chairperson of the Committee on Human Rights of the House of
Representatives: and

m. The Chairperson of the Committee on Justice of the House of Representatives.

The Committee shall work towards the collection of data on the number and
conditions of IDPs, leading to a registry that will aid the government in efficient planning and
policy making regarding issues affecting IDPs.

The Committee shall likewise prioritize the release of immediate financial assistance,
allotted by its component agencies, to those affected by arbitrary internal displacement,

The Committee shall submit an annual report to the Joint Congressional Oversight
Committee herein created, thirty (30) days after the end of each fiscal year. Such annual
report shall be the basis for proposed amendments to existing legislation to improve the
conditions of internally displaced persons.

SEC. 26. Appropriations. — The amount necessary for the initial implementation of
this Act shall be charged against the current year’s appropriations of the CHR, the DSWD,
the DOH, the Department of National Defense (DND) and the Department of the Interior and
Local Government (DILG). Thereafier, such sums as may be necessary for the continued

implementation of this Act shall be included in the GAA.

SEC. 27. Implementing Rules and Regulations. — \

‘in sixty (60) days from the
effectivity of this Act, the CHR shall issue the necessary rules and regulations for its
implementation.

In the formulation of the rules and regulations, the CHR shall take the lead and
coordinate with DSWD, DND, DILG, DOH, DOS, Department of Environment and Natural
Resources (DENR), AFP, Philippine National Police (PNP), Philippine Commission on
Women (PCW), Council for the Welfare of Children (CWC), National Commission on
Indigenous Peoples (NCIP), National Commission On Disability Affairs (NCDA),
Presidential Commission on Urban Poor (PCUP), Housing and Urban Development
Coordinating Council (HUDCC), National Disaster Risk Reduction and Management Council
(NDRRMC), National Housing Authority (NHA), NCMF and consult with the LGUs

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concerned, relevant human rights non-governmental organizations and _people’s
organizations.

SEC. 28. Separability Clause. — If any part or provision of this Act shall be declared
‘unconstitutional or invalid, the other provisions hereof which are not affected thereby shall
remain in full force and effect.

SEC. 29. Repealing Clause. — All laws, decrees, executive orders, memorandum
orders, memorandum circulars, administrative orders, ordinances or parts thereof which are
inconsistent with the provisions of this Act are hereby deemed repealed or modified
accordingly.

SEC. 30. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of national circulation.

Approved,

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