WESENTATIVES
Fe CERVED
27 JUL 2016

(OPH

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City Fan

SEVENTEENTH CONGRESS rN RATION UNIT
First Regular Session f NDEX SERVICE
“209;
HOUSE BILL No. 2093

Introduced by ACT Teachers Party-List

Rep. ANTONIO L, TINIO and Rep. FRANCE L. CASTRO

EXPLANATORY NOTE

Under the Arroyo administration, the Armed Forces of the Philippines (AFP)
gained international notoriety for its alleged involvement in a significant number of
extrajudicial killings and involuntary disappearances of citizens, many of whom were
activists opposed to the administration's policies and programs. Such gross
violations drew the attention not only of human rights organizations such as
Amnesty International (Al) and Human Rights Watch (HRW), but also the United
Nations Special Rapporteur on Summary and Extrajudicial Killings, Philip Alston, and
even the United States Senate Defense Committee led by Sen. Barbara Boxer. All
acknowledged a link between human rights violations and the AFP's
counterinsurgency program, then known as Oplan Bantay Laya. Many noted that
the so-called “climate of impunity” enabled perpetrators to commit violations on
such a scale.

The climate of impunity still reigned under the Aquino administration,
notwithstanding its promises to address the deteriorating human rights situation in
the country. Extrajudicial killings and other gross human rights violations involving
state security forces continued to take place. According to KARAPATAN, there have
been 318 victims of extrajudicial executions from June 2010 to March 2016, and 583
victims of attempted extrajudicial killings. Thirty were abducted by suspected state
agents while 224 were reported tortured. At least 1,461 were illegally arrested (with
512 eventually detained), while victims of threats and harassment reached 198,289,
forced evacuation 106,068, and indiscriminate firings 91,227.



Human Rights Watch has noted that “several key institutions, including law
enforcement agencies and the justice system, remain weak and the military and
police commit human rights violations with impunity” (Human Rights Watch World
Report 2011).

Government should use every tool at its disposal to promote respect for
human rights and end impunity, particularly within the ranks of the military. The
national budget is one such tool. Experience shows that the release or non-release
of funds can be a powerful instrument for promoting reforms and modifying
behavior in the ranks of government. This bill proposes the introduction of a “no
impunity provision” in our laws, one that would link the release of operational funds
of units of the AFP to their compliance with human rights standards.

This bill will encourage the AFP chain of command to ensure that their units
uphold and respect human rights at all times in the discharge of their duties,
especially during counterinsurgency operations. Furthermore, it will incentivize AFP
commanders to promptly identify perpetrators and make sure that the proper
charges are filed. It also underscores the responsibility of the Secretary of National
Defense in ensuring that charges are filed against individual perpetrators, For its
part, the Commission on Human Rights is given the role of vetting complaints and
weeding out spurious allegations.

For these reasons, approval of this bill is sought.

Rep. ANTONIO L. TINIO Rep. sw L. CASTRO

ACT Teachers Party-List ACT Teacheff Party-List


Republic of the Phil
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

093

2
HOUSE BILL No.

Introduced by ACT Teachers Party-List
Rep. ANTONIO L, TINIO and Rep. FRANCE L. CASTRO

AN ACT
WITHHOLDING OPERATIONAL FUNDS OF UNITS
OF THE ARMED FORCES OF THE PHILIPPINES IMPLICATED
IN GROSS HUMAN RIGHTS VIOLATIONS

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

SECTION 1, State Policies. The State shall value the dignity of every human being
and guarantee full respect for human rights. Civilian authority shall always be
supreme over the military, and the Armed Forces of the Philippines shall stand as the
protector of the people and the State. The State shall therefore take steps to ensure
that mechanisms designed towards the genuine exercise of civilian supremacy and
the full promotion, protection, and realization of human rights are in place.

SECTION 2. Definition of Terms, “Operational funds” shall include, among others,
travelling and communication expenses, repair and maintenance, supplies and
materials, extraordinary and miscellaneous expenses, confidential and intelligence
expenses, and combat expenses

“Combat expenses” shall refer to the amount given quarterly to each
company or its equivalent in other services of the AFP, which may be utilized by the
tactical units of the APF for necessary and incidental expenses incurred during
operational exigencies. Such amount, currently set at a maximum of One Hundred


Thousand Pesos (Php 100,000.00) per quarter, is chargeable under the Maintenance
and Other Operating Expenses of the Major Services of the AFP, as provided yearly in
the General Appropriations Act.

SECTION 3. No impunity provision. Upon a determination by the Commission on
Human Rights (CHR) of credible evidence that a unit of the AFP has committed a
gross violation of human rights, the operational funds, including combat expenses, of
the unit concerned shall be withheld until the CHR ascertains and reports to the
President of the Philippines that the Secretary of the Department of National
Defense (OND) and law enforcement authorities have taken effective measures to
has taken effective measures to identify the responsible member or members of the
unit and filed the appropriate charges, if warranted.

The determination provided for in this Section may be initiated by a complaint
filed with the CHR by aggrieved party or by any concerned citizen, organization,
association, or institution or initiated motu proprio by the CHR. No form or fee shall
be required in the filing of the complaint, after which, the CHR shall make the
determination within ten (10) calendar days.

Section 4. Implementing Rules and Regulations. The CHR, DND, and the
Department of Budget and Management, upon consultation with human rights
organizations, shall promulgate, within fifteen (15) days from the effective date of
this Act, the rules and regulations necessary for its implementation.

Section 5. Repealing Clause. All laws, decrees, resolutions, orders, or ordinances or
parts thereof inconsistent with this Act are hereby repealed, amended, or modified
accordingly.

Section 6. Separability Clause. If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

Section 7. Effective Date. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in one newspaper of general circulation.

Approved,