Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS,
First Regular Session

HOUSE BILL NO. 2502

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

First filed during the 16 Congress, this bill is a consolidation of several
measures of the same nature including HB 5193 filed by then Representatives from
Akbayan Partylist — Rep. Ibarra “Barry” Gutierrez and Rep Walden Bello together with
this representation as well as HB 2401 filed by Former 2nd District - Cagayan de Oro
Rep. Rufus Rodriguez and Rep. Maximo R. Rodriguez. This same bill was filed during
the 17 Congress but was left pending in the Committee on Human Rights. This measure
aims for the localization of the Optional Protocol to the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

On November 2009, Republic Act No. 9745, or “An Act Penalizing Torture and
Other Cruel, Inhuman and Degrading Treatment of Punishment and Prescribing
Penalties Therefor,” was signed into law. This “Anti-Torture Act of 2009” ensures that
“the human rights of all persons, including suspects, detainees and prisoners are
respected at all times.” It defines all acts of torture and other cruel, inhuman and
degrading treatment of punishment, and penalizes those who engage in such acts.

However, many describe the enactment and implementation of RA 9745 as the
reactive, confrontational and litigation-driven side of addressing torture. There is
another method that many see as the more effective and forward looking way since it
addresses violations before they occur. This method is preventive monitoring. It works
through the violations before they occur. This method is preventive monitoring. It works
through the establishment of a system of regular visits undertaken by independent
experts in fields relevant to the treatment of persons deprived of their liberty to places
of detention in order to identify policy, procedural, and practice risks that give rise to
torture and ill-treatment. Preventive monitoring visits will be more effective if lodged
on the principles of mutual trust building, confidentiality, collaboration and dialogue
between detention authorities, persons deprived of their liberty, the expert visiting body
and other relevant authorities.



Preventive monitoring visits is a non-adversarial approach which effectively opens up to
public scrutiny by independent experts the otherwise obscure places of deprivation of liberty, where
persons’ well-being depend solely on their jailers. The regular unannounced visit by itself,
establishes a preventive effect, conditioning custodial authorities to work within the bounds of legal
procedures. Moreover, the torture risk identification visits and subsequent observation and
recommendations of the expert visiting body will result in implementation measures that bring
about policy, procedural and practice reforms in the treatment of persons deprived of their liberty,
institutionalizing safeguards for their humane treatment. Detention monitoring work will not only
benefit persons deprived of their liberty, but also improve the working environment, conditions and
other benefits for custodial authorities. The realization of better and humane places of deprivation
of liberty will also benefit social order and government spending in general.

In December 2002, the UN General Assembly approved the Optional Protocol to the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(OPCAT). The OPCAT sets up the global preventive system establishing the sub-committee on the
prevention at international level and National Preventive Mechanisms (NPMs) at the domestic
level. NPMs are considered to be the main engines of this system, being bodies tasked to do most.
of the visits.

The OPCAT is the first international human rights treaty that focuses on operations rather
than review of state regulations, as in the case with other treaty bodies. While other treaties set
standards and obligations for state parties, the OPCAT does not prescribe them but operationalize
paths towards their fulfillment through the system of visits, dialogues and prescription of
implementation measures toward policy, procedural and practice reform. The OPCAT went into
force on 22 June 2006 with 20 states having had adhered to the treaty.

On 17 April 2012, the Philippines ratified the OPCAT, becoming the 63rd State Party to
the instrument. Under Article 17 of the treaty, the Philippines was required to establish, designate
or maintain an existing institution as its NPM within a year by 17 May 2013. This obligation is
long overdue.

This House Bill aims to fulfill this obligation by establishing the National Committee for
the Prevention of Torture (NCPT) ~ the country’s NPM against torture and other cruel, inhuman
and degrading treatment or punishment.

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

AefpbonA


COaorannewone

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18%) CONGRESS
First Regular Session

2502

HOUSE BILL N

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

AN ACT

ESTABLISHING THE NATIONAL COMMITTEE FOR THE PREVENTION
OF TORTURE (NCPT), THE NATIONAL PREVENTIVE MECHANISM
AGAINST TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT IN THE PHILIPPINES, PROVIDING A
FRAMEWORK FOR IMPLEMENTING OBLIGATIONS UNDER THE
OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE
AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR
PUNISHMENT (OPCAT), AND APPROPRIATING FUNDS THEREFOR

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 “National
Committee for Prevention of Torture (NCPT) and OPCAT Implementation Act.”

SEC. 2. Statement of Policy. — It is hereby declared the policy of the State to:
a. Recognize the inherent dignity of every human person;
b. Guarantee full respect for fundamental human rights giving highest

priority to the enactment of measures that protect and fulfill the right to
life, the right to liberty and security of all persons, and the right to be free


from torture and other cruel, inhuman and degrading treatment or
punishment;

Adhere to the principles and standards on the protection and promotion of

human rights, especially of persons deprived of liberty under the 1987
Philippine Constitution, Republic Act No. 7438 (R.A. 7438 or the Code of
Custodial Investigation), Republic Act No. 9745 (R.A. 9745 or the Anti-
Torture Law), and other related laws;

Adopt the principles under the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
(UNCAT) and implement the obligations under the Optional Protocol to
the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT), which commit the Philippine

Government to:

1) Establish a system of regular, unannounced, and unrestricted visits
in the Philippines undertaken by an independent national body of
experts to places where persons are deprived of their liberty, in
order to prevent torture and other cruel, inhuman or degrading
treatment or punishment,

2

Recognize and promote the importance of preventive visits and
being different in purpose and methodology from other types of
visits to places of deprivation of liberty;

3

Allow visits, in accordance with the OPCAT, by the Subcommittee
on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (SPT) to any place under its jurisdiction
and control where persons are or may be deprived of their liberty,
either by virtue of an order given by a public authority or at is
instigation or with consent or acquiescence, with the view of
strengthening the protection of persons against torture and other
cruel, inhuman or degrading tretament or punishment;


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4) Provide all relevant information that the SPT may request to

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evaluate the needs and measures that should be adopted in order to
strengthen the protection of persons deprived of their liberty
against torture and other cruel, inhuman or degrading treatment or
punishment;

Examine the recommendations of the SPT and enter into dialogue
with it on possible implementation measures;

Grant the SPT the following guarantees:

i) Unrestricted access to all information concerning the number of
persons deprived of their liberty in places of deprivation of
liberty as well as the number of places and their location;

ii) Unrestricted access to all information referring to the treatment
of those persons as well as their conditions of deprivation of
liberty;

iii) Unrestricted access to all places of deprivation of liberty and
their installation and facilities;

iv) The opportunity to have private interviews with the persons
deprived of their liberty without witnesses, either personally or
with a translator if deemed necessary, as well as with any other
person who the Subcommittee on Prevention believes may
supply relevant information;

Vv

The liberty to choose the places it wants to visit and the persons
it wants to interview;

Establish the National Committee for the Prevention of Torture
(NCPT) mandated to prevent torture and ill-treatment and reduce


the risks that give rise to the practice by conducting regular
preventive monitoring visits to places of deprivation of liberty and
examine the treatment and conditions of persons deprived of their
liberty including policies, procedures and practices of custodial
agencies as well as national laws that affect their well-being and

rights;

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Recognize NCPT’s power and authority to make recommendations
to relevant authorities and monitor the implementation of such
recommendations with the aim of preventing torture and other
cruel, inhuman or degrading treatment or punishment and
improving the treatment and conditions of persons deprived of their
liberty;

9) Examine the recommendations of the NCPT and enter into a

dialogue with it on possible implementation measures;

10) Encourage and facilitate contacts between the SPT and the NCPT;

11)Take effective steps to implement measures based on the
observations and recommendations of the NCPT and the SPT;

12)Recognize the importance of other visiting groups regularly
visiting places of deprivation of liberty such as local and
international non-government organizations and government
mechanisms working for the well-being of persons deprived of
their liberty.

e, Work with the NCPT and the SPT in the implementation of measures
based on the observations and recommendations of the preventive
monitoring expert bodies in order to reduce the risks that give rise to
torture and ill-treatment;


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f. Recognize the value of and support the public information, education and
communication work of the NCPT and the SPT, and support the
publication and dissemination of the materials produced by the preventive
monitoring bodies;

g. Recognize the authority of the SPT to conduct in-country preventive
monitoring visits and their observations and recommendations with due
consideration to the same powers and functions it shares with the NCPT;
and

h. Provide the necessary resources to ensure the functional independence of
the NCPT.

SEC. 3. Definition of Terms. —

a. Deprivation of liberty refers to any form of detention or imprisonment, or
the placement of a person in a public or private custodial setting where the
person is not permitted to leave at will by order of any judicial,
administrative or other authority;

b. Other cruel, inhuman or degrading treatment or punishment refers to the
deliberate or aggravated treatment or punishment inflicted by a person in
authority or agent of a person in authority against a person under his/her
custody, which attains a level of severity causing suffering, gross
humiliation or debasement to the latter;

c. Persons deprived of liberty refers to any person placed in any form of
detention or imprisonment, or placed in a public or private custodial
setting which that person is not permitted to leave at will by order of any
judicial, administrative or other authority;

d. Places of deprivation of liberty refers to any place of detention,
confinement, imprisonment, commitment, or placement of person in a


public or private custodial setting under the Philippine’s jurisdiction and
control where persons are or may be deprived of their liberty, either by
virtue of an order given by a public authority or at its instigation or with its
consent or acquiescence. Places of deprivation of liberty also include but
shall not be limited to those unofficial places of detention where persons
are suspected of being illegally detained or not permitted to leave the place
at will by order of any judicial, administrative or other authority and any
place which the NCPT judiciously believes that persons may be deprived
of their liberty;

Places of deprivation of liberty encompasses traditional and non-
traditional places of detention, whether temporary or permanent, formally
or informally used as a detention facility maintained and/or managed by
public or private authorities and/or under regulation by government.
Places of detention or confinement shall refer to any physical space, area,
or structure whether moving or stationary, permanent or temporary, where
deprivation of liberty is carried out or which establishment, operation, and
maintenance of the same is punishable under Section 14 (i) of R.A. 9745.

Places of deprivation of liberty shall include but shall not be limited to the
following examples: police stations, barangay holding centers, pre-trial
centers / remand prisons, prisons for sentenced persons, juvenile detention
centers, border police facilities and transit zones at land crossings,
international ports and airports, immigrant and asylum-seeker detention
centers, psychiatric institutions, care homes for older people, security or
intelligence services facilities, military forts and camps, and other facilities
under military jurisdiction, places of administrative detention, means of
transport for the transfer of prisoners (¢.g., police vans), hospitals, home-
based or medical/health-related detention facilities, drug rehabilitation
centers and other similar and/or makeshift places of confinement where
persons are not permitted to leave at will;

._ Sub-Committee on the Prevention of Torture (SPT) refers to the Sub-

committee on Prevention of Torture and Other Cruel, Inhuman or


Degrading Treatment or Punishment of the Committee against Torture,
established under the Optional Protocol to the UN Convention Against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(OPCAT);

Torture refers to an act by which severe pain or suffering, whether
physical or mental is intentionally inflicted on a person for such purposes
as obtaining from him/her or a third person information or a confession,
punishing him/her for an act he/she or a third person has committed or is
suspected of having committed, or intimidating or coercing him/her or a
third person, or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a person in authority or agent of a person in
authority, as defined by Republic Act No. 9745 (RA 9745), otherwise
known as the “Anti-Torture Act of 2009.” It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions:

. Unannounced access refers to access to all places of deprivation of liberty,

at all times, without prior notice or authorization;

._ Unrestricted access refers to free access to places of deprivation of liberty

without any restrictions of any kind imposed by authorities, more
specifically the following:

(1) All persons deprived of liberty with the opportunity to have private
interviews with them without witnesses, either personally or with
translator if deemed necessary,

(2) All custodial personnel relevant to the treatment of persons
deprived of their liberty;

(3) Any other person whom the NCPT and the SPT believe may
supply relevant information;


(4) All information concerning the number of persons deprived of their
liberty in places of deprivation of liberty, as well as the number of
places and their location;

(5) All information referring to the treatment of those persons as well
as their conditions of deprivation of liberty; and,

(6) All places of deprivation of liberty and their installations and
facilities.

Further, unrestricted access includes liberty to choose the places that the
NCPT and SPT want to visit and the persons they want to interview.

SEC. 4. Creation —There is hereby created an independent body to be known
as the National Committee for Prevention of Torture (NCPT) for the purpose of
preventing torture and other cruel, inhuman or degrading treatment or punishment.
The NCPT shall be an office independent of government in accordance with the UN
Paris Principles Relating to the Status of National Human Rights Institutions. It shall
be attached to the Commission on Human Rights (CHR) solely for budgetary
purposes. It shall function separately from the CHR and discharge its mandate
independent of government under this Act.

SEC. 5. Objectives.—The National Committee for Prevention of Torture shall
have the following objectives:

a. Carry out regular, unannounced visits to places of deprivation of liberty
and open up otherwise obscure places to independent public scrutiny to
condition custodial authorities to consistently perform their duties within
the bounds of official and legal procedures and standards so that torture
and ill-treatment can be prevented;

b. Undertake preventive monitoring visits to examine and assess policies,
procedures and practices in places of deprivation of liberty and identify the
risks that give rise to torture and ill-treatment with a view of strengthening


the protection of persons deprived of their liberty and improving their
material living conditions in accordance with the UN Standard Minimum
Rules on the Treatment of Prisoners (SMRTP) and existing obligations
and standards set by the UNCAT;

Review national laws, policies and procedures that relate to the treatment,
well-being and rights of persons deprived of their liberty and recommend
for their repeal or amendment or the enactment of laws with the view of
strengthening the protection against torture and cruel, inhuman or
degrading treatment or punishment;

|. Submit observations and recommendations in relation to the visit

conducted and review undertaken under subsections (b) and (c),
respectively of this Section, to relevant authorities so that these may be
rendered into concrete implementation measures;

Require relevant and competent authorities to examine _ its
recommendations, and enter into a dialogue with the NCPT to discuss
implementation measures and to fulfill agreed upon positive actions
toward reforms, and whenever necessary, providing them the needed
technical assistance;

Consider requests for visits based on reports by civil society or any other
group or individual recommending policy, procedural or practice reforms
in a place of deprivation of liberty;

. Promote public awareness on its work as an NPM and the system of

preventive monitoring visits, the right to be free from torture and cruel,
inhuman or degrading treatment or punishment and the rights of persons
deprived of their liberty;

|. Train and capacitate relevant authorities charged with the treatment of

persons deprived of their liberty;


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i Carry out its work within the framework of the United Nations’ Charter
and shall be guided by the purposes and principles thereof, as well as the
norms of the United Nations concerning the treatment of people deprived
of their liberty, and shall be equally guided by the principles of
confidentiality, impartiality, non-selectivity, universality and objecti
and

j. Take effective practical steps and measures to comply with existing

obligations and standards set forth by the UNCAT, SMRTP, and the
OPCAT, the NCPT being an operations instrument more than one that
prescribes new obligations and standards

SEC. 6. Guarantees of the NCPT.—The Executive, Legislative and Judicial

branches of government shall guarantee the NCPT the following

a. Full and unrestricted access to all information concerning the number of
persons deprived of their liberty in places of deprivation of liberty, as well
as the number of places and location;

b. Full and unrestricted access to all information referring to the treatment of
those persons as well as their conditions of detention;

c. Full and unrestricted access to all places of deprivation of liberty and their
installation and facilities;

d. Liberty to conduct private interviews with persons deprived of liberty
without witnesses, either personally or with a translator if deemed
necessary, as well as with any other person who in the discretion of the
Committee possesses relevant information;

e. Liberty to choose the places to visit and persons to interview, and when
these should take place;


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f Freedom for its members to be accompanied, if needed, by an expert with
relevant expertise, experience and knowledge as the Chairperson may
determine, on visits to places of detention;

g. Freedom to determine its own rules and procedures, including its programs
of visits;

h. Liberty to require competent Philippine authorities concerned to examine
the recommendations of the NCPT and enter into a dialogue with it on
possible implementaion measures;

i, Liberty to require relevant government agencies to fulfill their

recommendations by implementing measures accordingly;

j, Freedom to promote public awareness on its work as an NPM and the
system of preventive monitoring visits, the right to be free from torture and
cruel, inhuman or degrading treatment or punishment and the rights of
persons deprived of their liberty; and,

k. Freedom to publish regular and annual reports and information, education
and communication materials and have these disseminated nationwide.

SEC. 7. Powers of the NCPT.—The NCPT shall have the following powers:

a. Conduct regular, unannounced visits to places of deprivation of liberty to
prevent torture and other, cruel inhuman or degrading treatment or
punishment;

b. Examine and assess during visits the custodial policies, procedures and
practices and all other aspects relevant to the treatment and material living
conditions of persons deprived of their liberty, in order to identify risks
that give rise to torture and cruel, inhuman or degrading treatment, and
find practical ways to improve their well-being and protect their rights;


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. Examine and review national laws, policies and procedures that relate to

the treatment, well-being and rights of persons deprived of their liberty
and propose the amendment, repeal or enactment of laws with the view of
strengthening the protection against torture and cruel, inhuman or
degrading treatment or punishment;

Submit to the CHR, House of Representatives, the Senate, and the
President its observations, recommendations and proposals relating to the
rights and protection of persons deprived of their liberty, and provide
relevant authorities with the same for the latter to undertake the necessary
implementation measures;

. Refer for investigation to the CHR or the appropriate investigative agency

of government, any complaint made by a person deprived of liberty with
his/her consent or any factual incident of torture, ill-treatment or other
human rights violation or abuse it discovers during its visits;

Work, where appropriate, in cooperation or consultation with any person
or body, whether public or private, in connection with the discharge of any
of its functions under this Act and the OPCAT;

. Maintain direct, and if necessary, confidential contact with the SPT to

strengthen the NCPT’s capacity and mandate for the prevention of torture
and other cruel, inhuman or degrading treatment or punishment and the
protection of persons deprived of liberty;

|. Publish information covered by its visitation of the matters mentioned in

paragraphs (a), (b), (c), (d), and (e) hereof, when circumstances so warrant,
and with due prudence: Provided, That the NCPT under its rules and
regulations and having high regard for confidentiality rules and informed
consent, may determine what information is confidential and may not be
made public: Provided further, That any publicity issued by the said Board
shall be balanced, fair and true. However, the NCPT shall not publish or
pass on personal data relating to any person without the latter’s express


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consent; Provided finally, That this section shall be in accordance with the
existing laws on confidentiality;

i, Promote public awareness through publication and dissemination of
information and education materials on its work as the NCPT, the right to
be free from torture and cruel, inhuman or degrading treatment or
punishment, and the rights of persons deprived of their liberty; and,

j. Submit an independent annual report to be received, published and
disseminated by government, which shall include an annual budget and
expenditures report.

SEC. 8. Composition.—The NCPT shall be a collegial body composed of one
(1) Chairperson and eight (8) board members. The Chairperson and seven (7)
members of the board shall be appointed by the President. One (1) of the eight (8)
board members shall be a Commissioner from the CHR who shall have voting
privileges as the other members of the board.

‘The Members of the Committee shall act and be guided by the principles of
confidentiality, impartiality, non-selectivity, universality and objectivity.

‘The Committee Members shall possess the following qualifications:

a. Shall be independent from all branches of government,

b. Shall be of high moral character, recognized probity, competence, and
integrity;

¢. To ensure multi-disciplinary and pluralistic representation, the
composition of the Board shall include members with proven professional
knowledge and experience in the field of human rights, law, medicine,
psychology, psychiatry, forensic science, prison management,
employment, industrial relations, police administration, education,
sociology, or social work:


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1) At least two (2) members must be members of the Philippine bar who
have been engaged in the practice of law for at least seven (7) years;

e)

One (1) member must be a doctor who has engaged in the practice of
medicine in the fields of psychiatry, forensics or other related fields,
for at least seven (7) years;

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One (1) member must have a doctorate degree in any of the fields of
psychology, anthropology or other related disciplines, and must have
engaged in the practice of her profession for at least seven (7) years;

4) At least two (2) members must come from civil society organizations
engaged in advocacy work for at least seven (7) years for the rights of

persons deprived of liberty; and,

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At least two (2) members must possess expertise in the administration
of justice, criminal law, prison or police administration;

d. Must have a clear, broad, and deep understanding and commitment to
human rights protection, promotion, and advocacy.

Further, the composition of the Committee must observe a balanced gender
representation on the basis of the principles of equality and non-discrimination and
adequate representation of ethnic and minority groups.

The President shall give highest priority to the endorsements and
recommended candidates of civil society groups with long standing backgrounds and
practice in the advancement of the rights of and welfare of persons deprived of their
liberty and prevention of torture and ill-treatment.

SEC. 9, Term of the Committee Members.—The Committee members shall
serve for a term of five (5) years. To ensure that the NCPT is a continuing body, the
first batch of appointments shall be on a staggered basis. The Chairperson shall be


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appointed for a term of five (5) years. The first two (2) members to be appointed shall
hold office for five (5) years, the next three (3) members shall hold office for four (4)
years and the last three (3) members shall hold office for three (3) years. Succeeding
appointments shall serve for five (5) years without reappointment. In no case shall
they be appointed, reappointed or designated in a temporary or acting capacity.

The Committee shall organize itself within sixty (60) days from the
completion of the appointment process of all committee members and shall
thereafter organize its Secretariat.

SEC. 10. Salaries, Emoluments and Benefits. ~ The Chairperson and
members of the board shall have the rank, salary, emoluments and allowances
equivalent to the Associate Justice of the Court of Appeals and Judges of the
Regional Trial Court, respectively.

SEC. 11. Removal from Office. —The Chairperson and members of the
Committee may be removed from office on any of the following grounds:

a)

Disloyalty to the Republic of the Philippines;
b) Culpable violation of the Constitution;
0

Bribery and graft and corruption, other high crimes, or betrayal of public
trust;

d) Dishonesty, misconduct in office, gross negligence, or dereliction of duty;
e

Commission of any offense involving moral turpitude or an offense
punishable by imprisonment of more than six (6) years; and
f) Abuse of authority,

‘The proceedings for removal shall be initiated by filing a verified complaint
with the Office of the Ombudsman stating the grounds therefor and alleging the
ultimate facts upon which the complaint is based.

The Office of the Ombudsman shall act on the complaint and conduct the
necessary investigation and hearing. Thereafter, the Office of the Ombudsman shall
dismiss the complaint or declare the removal from office of the Chairperson or


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member of the Committee within one hundred twenty (120) days from the date of
filing of the complaint.

In deciding upon a complaint for removal from office, the Office of the
Ombudsman shall not impose any lesser penalty or disciplinary action such as
suspension, censure, or reprimand other than removal from office.

SEC. 12. Organizational Structure of the NCPT.—The organizational
structure of the NCPT shall consist of the Committee and its Secretariat.

The Committee shall be assisted by a Secretariat, which shall be composed of
an Executive Director and at least two (2) Deputy Directors— one (1) for Operations
and one (1) for Administrative and Finance matters — together with their respective
technical staff and field units that shall be established to support and follow-up the
regular visits undertaken by the NCPT Members.

The Executive Director and his Deputies shall have expertise in human rights
specializing in fields relevant to the treatment of persons deprived of liberty

‘The Committee shall appoint the Executive Director and Deputy Directors.
The Chairperson shall appoint all other officers and staff of the NCPT.

Whenever necessary, the Committee may hire additional contractual
employees or contract the services of an expert with the relevant professional
experience, expertise, and knowledge, to assist in the discharge of its functions under
this Act. Provided, That the maximum contract amount per year shall not exceed
more than fifteen percent (15%) of the total annual operating budget of the
Committee.

SEC. 13. Relationship and Cooperation with Government and Civil Society
Organizations.—The NCPT shall apply a human-rights based approach in the
performance of its mandate and functions, maintain direct regular contact with and
encourage open and constructive dialogue with the SPT, civil society organizations,


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‘media and other national, regional and international human rights mechanisms, for the
effective and full implementation of this Act.

Government authorities and private organizations or entities mandated to
protect and promote the rights of persons deprived of liberty shall cooperate with and
promptly respond to the recommendations, proposals, and other requests of the NCPT
in the conduct of their mandate

SEC. 14, Confidentiality.—Personal information collected by the NCPT shall
be confidential. No personal data shall be published without the express consent of
the individual concerned. The rules on confidentiality shall be in accordance with the
existing laws applicable herein

SEC. 15. Protection from Criminal Liability, Other Sanctions and
Reprisals.—

a) No authority or official shall order, apply, permit or tolerate any sanction
against any person or organization for having communicated to the NCPT
and the SPT any information, and no such person or organization shall be
otherwise prejudiced in any way.

b)

Relevant authorities shall take effective steps to prevent and promptly
respond to any sanctions or acts of reprisals stemming from
‘communications to or cooperation with the NCPT and the SPT.

c

No criminal, disciplinary or administrative sanction shall be taken against
any person for having communicated, in good faith, any information to the
NCPT or the SPT.

d) Anything done, or purported to be done, in good faith, and pursuant to the
functions and powers conferred under this Act or in respect of any
Publication by or under the authority of the Committee of any report,
proceedings or any other matter under this Act shall not be a ground for


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action, suit or other legal proceedings against the Committee or a member
or officer of the Committee.

No protection from criminal liability, disciplinary or administrative sanction
shall be given to any Member or officer of the Committee where they may be finally
adjudged in any action or proceeding to be liable for gross negligence or misconduct,
grave abuse of discretion or abuse of authority.

SEC. 16. Private Legal Assistance. —The Committee Members, Officers and
Staff of the NCPT are hereby authorized to engage the services of private lawyers or
extend counsel immediately upon receipt of notice that an administrative, civil,
criminal action, suit or proceeding is filed against them. The lawyer's fee shalll be part
of the indemnification package for the NCPT Members, Officers and Staff, subject to
the provisions of Section 17 hereof.

SEC. 17, Indemnification of NCPT Committee Members, Officers, and
Staff—There shall be an indemnification package for the Committee Members,
Officers, and Staff, which may be in the form of free legal assistance, liability
insurance, and other forms of protection and indemnification for all costs and
expenses reasonably incurred by such persons in connection with any administrative,
civil or criminal action, suit or proceeding to which they may be, or have been made a
party by reason of the performance of their functions or duties, unless they are finally
adjudged in such action or proceeding to be liable for gross negligence or misconduct,
grave abuse of discretion or abuse of authority.

SEC. 18. Information Sheet on Persons Deprived of their Liberty and Places
of Deprivation of Liberty.—The Philippine National Police (PNP), the Bureau of
Corrections (BuCor), the Bureau of Jail Management and Penology (BJMP), the
Department of Social Welfare and Development (DSWD), provincial government
units with control or supervision of jails and other government or private institutions
with with jurisdiction, control and/or oversight of places of deprivation of liberty shall
make an updated information sheet of all deprivation of liberty facilities under their
respective jurisdiction with the corresponding data on the persons deprived of their
liberty under their custody, such as, among others, names, date of deprivation of


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12
13
14
15
16
17
18
19
20
21
22
23
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26
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28
2%
30
31
32
33
34

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liberty, exact reason for deprivation of liberty and the conditions in the places of
deprivation of liberty. Such information sheet shall be periodically updated by the
same agencies and institutions within the first five (5) days of every month at the
minimum. The format of the information sheet shall be prescribed by the NCPT and
transmitted to the agencies and institutions at the soonest possible time. The list
prescribed by Section 7 of RA 9745 shall also be submitted to the NCPT within the
first five (5) days of every month at the minimum.

SEC. 19. Other Organizations Conducting Visits to Places of Deprivation of
Liberty.—The provisions of this Act and the establishment of the NCPT shall be
without prejudice to the importance of visits to places of deprivation of liberty
regularly undertaken by other groups such as local and international non-government
organizations, lay persons groups, faith-based organizations and government
mechanisms working for the well-being and protection of persons deprived of their
liberty.

SEC. 20. Public Education, Information and Awareness Campaign.—The
NCPT, in partnership with the Philippine Information Agency (PIA), the CHR, the
Department of Interior and Local Government (DILG), other government departments
and local government units and agencies with jurisdiction, control and/or oversight of
places of deprivation of liberty, and such other concerned parties in both the public
and private sectors shall inform the public, persons in authority and agents of persons
in authority on the existence of the NCPT, the SPT, the OPCAT, the rights of persons
deprived of their liberty, the importance of preventive visits, the need to cooperate
with the said visiting bodies and implement measures based on their
recommendations. This shall be done through a programmatic nationwide awareness-
raising campaign, and in line with Section 21 of RA 9745, shall be included in the
training of law enforcement personnel, civil or military, medical personnel, public
officials and other persons, whether public or private, who may be involved in the
custody, interrogation or treatment of any individual subjected to arrest, detention,
imprisonment or any form of deprivation of liberty. Furthermore, authorities shall
make use of popular media such as government-owned TV and radio as well as other
such resources at its disposal in undertaking the public information and education
campaign. The Department of Education (DepEd) and the Commission on Higher


20

Education (CHED) shall also include information on the OPCAT, SPT, NCPT and the
preventive monitoring methodology in the integration of human rights education
courses in all primary and tertiary level academic institutions nationwide in line with
Section 21 of RA 9745.

SEC, 21. Appropriations.—The Committee shall have an initial budget of One
Hundred Million Pesos (PHP100,000,000.00) for maintenance and other operating
expenses to be sourced from the President’s Contingency Fund under the Presidential
Social Fund. Subsequent funding requirements shall be included in the annual
General Appropriations Act.

This budget shall not be utilized for any other purpose apart from NCPT work
as determined by the NCPT Committee, in accordance with law.

SEC. 22. Implementing Rules and Regulations.—The Committee shall
formulate the Implementing Rules and Regulations (IRR) within ninety (90) days
from the time the Committee first convened. The Committee shall coordinate with the
CHR, DILG, Department of Health (DOH), Department of Social Welfare and
Development (DSWD), Department of Justice (DOJ), Department of National
Defense (DND), Philippine National Police (PNP), and other relevant government
agencies and civil society organizations (CSOs) working in the various fields relevant
to the treatment of persons deprived of their liberty.

The IRR shall be effective after fifteen (15) days following its publication in
the Official Gazette or in two (2) newspapers of general circulation.

SEC. 23. Periodic Review. — Within five (5) years after the effectivity of this
Act, and every five (5) years thereafter, or as the need arises, the Congress of the
Philippines shall conduct a comprehensive review of its implementation, and a
systematic evaluation of the performance and functioning of the NCPT, in order to
highlight its accomplishments and impact on the protection of persons deprived of
their liberty. To carry out these tasks, Congress shall ensure participative and multi-
sectoral dialogues with stakeholders which shall include civil society organizations,
survivors of torture and their families, relevant government authorities involved in the