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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No._____ 
Introduced by: Congressman BIENVENIDO M. ABANTE, JR. 
AN ACT  
ESTABLISHING NATIONAL PREVENTIVE MECHANISM (NPM) IN COMPLIANCE 
WITH THE OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE 
AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 
(OPCAT) AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Article II, Section 11 of the 1987 Constitution declares it a State policy of the Republic 
of the Philippines to value the dignity of every human person and to guarantee full respect 
for human rights. In line with this policy, the Republic of the Philippines is either a State Party 
to or, in the case of the Universal Declaration of Human Rights (UDHR), has adopted various 
international human rights instruments and conventions that prohibit the use of torture and 
other cruel, inhuman, or degrading treatment or punishment. These include the International 
Convention on Civil and Political Rights (ICCPR) and the United Nations Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). 
Furthermore, the Republic of the Philippines acceded to the Optional Protocol to the 
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (OPCAT) on April 17, 2012, which requires under Part I, Article 3 thereof, that 
each State Party thereto “shall set up, designate or maintain at the domestic level one or 
several visiting bodies for the prevention of torture and other cruel, inhuman or degrading 
treatment or punishment.” More specifically, Part IV, Article 17 stated that “[e]ach State Party 
shall maintain, designate or establish, at the latest one year after the entry into force of the 
present Protocol or of its ratification or accession, one or several independent national 
preventive mechanisms for the prevention of torture at the domestic level. Mechanisms 
established by decentralized units may be designated as national preventive mechanisms for 
the purposes of the present Protocol if they are in conformity with its provisions.” This 
mechanism is referred to as a National Preventive Mechanism (NPM). 
It has been more than 15 years since the Philippines acceded to the OPCAT, but the 
Philippines still does not have an NPM. Consequently, the Philippines is on the list of States 
whose compliance with Part IV, Article 17 of the OPCAT is substantially overdue. Ultimately, 
this Bill will ensure risks to the commission of torture and other cruel, inhumane, and 
degrading treatment or punishment are eliminated.  
This bill seeks to establish an NPM that is a separate but attached agency of the 
Commission on Human Rights (CHR). As the country’s National Human Rights Institution 
(NHRI), established in accordance with the Paris Principles, and as befitting its visitorial 
mandate under the 1987 Constitution, Executive Order No. 163, s. 1987, and other related 
August 5, 2025
12:07 pm
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laws, is the independent body best suited to oversee the performance of the functions of the 
NPM of the Philippines vis-à-vis the OPCAT. 
The CHR has been conducting unannounced, unhampered and unrestricted visits to 
places of deprivation of liberty pursuant to its visitorial mandate under Article XIII, Section 
18 (4) of the 1987 Constitution; Section 3 (4) of Executive Order No. 163, s. 1987; Section 11 of 
the Implementing Rules and Regulations of Republic Act No. 9745, otherwise known as the 
Anti-Torture Act of 2009; and Section 13 of Republic Act No. 10353, otherwise known as the 
Anti-Enforced or Involuntary Disappearance Act of 2012. However, such visits are mainly 
investigative or monitoring in nature, not preventive as is required of an NPM. 
Establishing an NPM as a separate but an attached agency of the CHR will enhance 
the CHR’s mandate as it will now look into the preventive aspect against torture and other 
cruel, inhuman, or degrading treatment or punishment in places of deprivation of liberty, and 
help develop policies that will prevent the occurrence of torture and other cruel, inhumane 
treatment or punishment. It also seeks to provide support in the improvement of places of 
deprivation of liberty that respect the basic human rights of persons deprived of liberty. This 
is because while the CHR initially focused only on monitoring visits to places of deprivation 
of liberty, it has come to realize that torture prevention needs a different and more holistic 
approach. Torture prevention entails understanding the various causes of torture, whether 
institutional, normative, political, cultural, or socio-economic, and, correspondingly, 
addressing such causes through a wide range of actions, such as legal reform, ensuring 
criminal responsibility and safeguards in detention, fighting against impunity, and ensuring 
remedies and reparations. 
Furthermore, by establishing the NPM as a separate but attached agency of the CHR 
with its own budget and personnel, this bill would also help delineate between the 
investigative and preventive aspects of visits to places of deprivation of liberty by the CHR. 
However, it should be noted that this delineation and establishment of an NPM as a separate 
but attached agency of the CHR aims to complement, not replace, the CHR’s current visitorial 
mandate by extending its visitorial powers to places of deprivation of liberty outside of its 
current jurisdiction, such as hospitals and psychiatric institutions. 
As of now, the CHR is developing a possible template of the NPM with the CHR as 
the lead, with representatives from experts and civil society organizations (CSOs) as members. 
This initiative aims to create a model and a Manual of Operations on how an NPM should be 
structured and operationalized. Such a structure and operations are embodied in this 
proposed bill. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
BIENVENIDO M. ABANTE, JR. 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No._____ 
Introduced by: Congressman BIENVENIDO M. ABANTE, JR. 
AN ACT  
ESTABLISHING NATIONAL PREVENTIVE MECHANISM (NPM) IN COMPLIANCE 
WITH THE OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE 
AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 
(OPCAT) AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. – This Act shall be known as the “National Preventive 
Mechanism (NPM) Act of 2025.” 
SEC. 2. Statement of Policy. – It is hereby declared the policy of the State to: 
a.
Adopt the generally accepted principles of international law, which include the
prohibition of torture and other cruel, inhumane, degrading treatment or punishment, as part 
of the law of the land; 
b.
Value the dignity of every human person and guarantee full respect for human
rights; 
c.
Ensure that the human rights of all persons, especially persons deprived of
liberty, are respected at all times and that no person placed under investigation or held in 
custody by any person in authority or his/her agent shall be subjected to physical, 
psychological, or mental harm, force, violence, threat, intimidation, or any act that impairs 
his/her free will or in any manner demeans or degrades human dignity; 
d.
Adopt a human rights-based approach in the prevention of torture and other
cruel, inhuman, and degrading treatment or punishment; 
e.
Ensure that secret detention places, solitary, incommunicado, or other similar
forms of detention where torture and other cruel, inhuman, or degrading treatment and 
punishment may be carried out with impunity are prohibited; and 
f.
Fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Constitution, Republic Act (RA) No. 9745 
(the Anti-Torture Act of 2009), and the various international human rights instruments and 
conventions to which the Philippines either is a State Party to or voted in favor of, such as, but 
not limited to, the Universal Declaration on Human Rights (UDHR), the International 
Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child 
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(CRC), the Convention on the Rights of Persons with Disabilities (CRPD), the United Nations 
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (UNCAT), and the Optional Protocol to the Convention Against Torture and 
Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). 
 
SEC. 3. Definition of Terms. – For the purposes of this Act, the following terms shall mean: 
 
a. 
Agent of a person in authority refers to any person who, by direct provision of law, 
election, or by appointment or employment by a competent authority, whether 
public or private, is charged with the maintenance of public order and the 
protection and security of life and property, including any person who acts for or 
on behalf of, assists, represents, or comes to the aid of persons in authority; 
 
b. 
Deprivation of liberty refers to any form of detention or imprisonment or the 
placement of a person 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; 
 
c. 
Other cruel, inhuman, or degrading treatment or punishment refers to a deliberate or 
aggravated treatment or punishment inflicted by a person in authority or an 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; 
 
d. 
Person deprived of liberty (PDL) refers to any person placed in any form of detention 
or imprisonment or in a public or private custodial setting where the said person 
is not permitted to leave at will by order of any judicial, administrative, or other 
authority; 
 
e. 
Person in authority refers to any person directly vested with jurisdiction, whether 
as an individual or as a member of a court or government corporation, board, or 
commission, or any person in charge of, managing, or with administrative 
supervision and/or control over a place of deprivation of liberty; 
 
f. 
Place of deprivation of liberty refers to any place of detention, imprisonment, or the 
placement of a person in a public or private custodial setting under or within the 
jurisdiction and control of the Philippines, where persons are or may be deprived 
of their liberty by virtue of an order given by a public authority, at his/her 
instigation, or with his/her consent or acquiescence. 
 
The term shall also encompass traditional and non-traditional physical spaces of 
detention, whether moving or stationary, temporary or permanent, formally or 
informally used as detention facilities, or maintained or managed by public or 
private authorities under regulation by the Government. The term shall include, 
but shall not be limited to, the following examples: 
 
1) 
Municipal jails; 
2) 
City jails; 
3) 
District jails; 
4) 
Sub-provincial jails; 
5) 
Provincial jails 
6) 
Police custodial centers; 


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7) 
Detention facilities; 
8) 
Correctional facilities; 
9) 
Barangay holding centers;  
10)  National penitentiaries;  
11) Penal colonies; 
12) Youth homes; 
13)  Rehabilitation centers for the youth or Bahay Pag-Asa;  
14)  Bahay Silangan; 
15) International ports and airports;  
16)  Immigration detention centers;  
17) Psychiatric mental health facilities/institutions; 
18) Care homes for older persons;  
19)  Security or intelligence service facilities;  
20)  Military forts and camps; 
21) Other facilities under military jurisdiction; 
22)  Places of administrative detention; 
23) Means of transport for the transfer of persons deprived of liberty; 
24)  Hospitals / Health facilities; 
25) Home-based or medical/health-related detention facilities; 
26)  Drug rehabilitation centers; and 
27) Other similar or makeshift places of confinement or detention where persons 
confined or detained thereat are not permitted to leave at will; 
 
g. 
Reprisal refers to an act or omission attributable to authorities or officials of a State 
who order, carry out, permit, or tolerate any sanction against any person or 
organization for having communicated with the NPM or for having provided the 
NPM with any information, irrespective of its accuracy; 
 
h. 
Subcommittee on the Prevention of Torture (SPT) refers to the United Nations 
Subcommittee on the Prevention of Torture and Other Cruel, Inhuman, or 
Degrading Treatment or Punishment established under the OPCAT. It has a 
preventive mandate focused on a proactive approach to preventing torture and ill-
treatment. 
 
i. 
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. It does not include pain or suffering arising only from, 
inherent in, or incidental to lawful sanctions; 
 
j. 
Unannounced visits refer to visits that may be conducted at any time and without 
prior notice or authorization, and 
 
k. 
Unrestricted access refers to free access to the following, unless specifically 
prohibited by a court: 
 


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1) All persons deprived of their liberty, with the opportunity to have private 
interviews with them without witnesses, either personally or with a translator, 
if deemed necessary; 
2) All custodial personnel involved in or relevant to the treatment of persons 
deprived of their liberty; 
3) Any other person involved in or relevant to the treatment of persons deprived 
of their liberty; 
4) Any other person or source that the NPM believes to have relevant 
information; 
5) All information concerning the number of persons deprived of their liberty in 
places of deprivation of liberty, as well as the number of such places and their 
locations; 
6) All information referring to the treatment and conditions of persons deprived 
of their liberty; and 
7) All places of deprivation of liberty and their installations and facilities. 
Unrestricted access includes the liberty on the part of the NPM to choose the 
places that it may want to visit and the persons that it may wish to interview. 
 
SEC. 4. National Preventive Mechanism. – There is hereby created a National Preventive 
Mechanism (NPM) for the purpose of preventing torture and other cruel, inhuman or 
degrading treatment or punishment. The NPM shall be a separate but attached agency of the 
Commission on Human Rights (CHR). It shall function separately and independently from 
the operations of the CHR.  
 
SEC. 5. Powers and Functions of the NPM. – The NPM, whose visiting mandate is 
specifically aimed at the prevention of torture and other cruel, inhuman, or degrading 
treatment or punishment, and proactive and non-adversarial in its approach, shall have the 
following powers and functions: 
 
a. 
To conduct regular and unannounced visits to places of deprivation of liberty 
in order to prevent torture and other cruel, inhuman, or degrading treatment or punishment. 
In conducting such visits, the NPM may consider requests for visits by civil society groups or 
any other entities or individuals recommending policy, procedural, or practical reforms in 
places of deprivation of liberty; 
 
b. 
To undertake preventive monitoring visits and coordinate with relevant 
authorities to examine and assess the custodial policies, procedures, practices, and all other 
aspects relevant to the treatment and living conditions of persons deprived of liberty in order 
to identify the risks that give rise to torture and other cruel, inhuman, or degrading treatment 
or punishment in accordance with the UN Standard Minimum Rules on the Treatment of 
Prisoners (SMRTP) and existing international principles, obligations, and standards; 
 
c. 
To examine and review national laws, policies, and procedures that relate to 
the treatment, well-being, and rights of persons deprived of liberty; 
 
d. 
To submit to Congress and to the President its annual NPM report, which shall 
contain its observations, advisories, and other policy recommendations, and proposals 
relating to the rights and protection of persons deprived of their liberty, and provide other 
relevant authorities. The NPM report, which shall include a report to Congress on its annual 
budget and expenditures, shall be published and disseminated to all stakeholders;  
 


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e. 
To refer any factual incident of torture and other cruel, inhuman, or degrading 
treatment or punishment or other human rights violations or abuses it may discover during 
its visits to appropriate authorities within places of deprivation of liberty.  
 
f. 
To work, where appropriate, in cooperation or consultation with any person 
or entity, whether public or private, in connection with the discharge of any of its functions 
under this Act and the OPCAT; 
 
g.  
To publish information relative to its preventive monitoring functions, 
specifically on matters mentioned in Paragraphs (a), (b), (c), (d), and (e) of this Section, when 
circumstances so warrant and with due prudence: Provided, That the NPM, having high 
regard for its rules and regulations relative to confidentiality and informed consent, may 
determine what information shall be considered confidential; Provided further, That the NPM 
shall not publish or make known any sensitive personal data relating to any person without 
that person’s express consent. 
 
h. 
To submit independent reports to the SPT regarding the implementation of the 
Republic of the Philippines’ obligations under the UNCAT and the OPCAT; 
 
i. 
To promote public awareness, through the publication and dissemination of 
information and education materials, on its work as the NPM;  
 
j. 
To train and capacitate the relevant authorities charged with the treatment of 
persons deprived of liberty and management of places of deprivation of liberty;  
 
 k. 
To ensure the protection and uphold the principle of non-refoulement for 
persons deprived of liberty in the performance of its mandate in coordination with relevant 
agencies; and 
 
l.  
To establish its own rules and procedures in carrying out its mandate and to 
create line offices necessary and relevant for the execution of its functions. 
 
SEC. 6. Guarantees for the NPM. – All branches, subdivisions, departments, and 
agencies or instrumentalities of the Government and relevant private institutions shall 
guarantee the NPM the following: 
a. 
Full and unrestricted access to all information concerning the number of 
persons deprived of liberty in places of deprivation of liberty, as well as the number of such 
places and their respective locations:  
 
b. 
Full and unrestricted access to all information referring to the treatment and 
conditions of persons deprived of liberty:  
 
c. 
Full and unrestricted access to all places of deprivation of liberty and their 
installations and facilities.  
The guarantees in subparagraphs a, b, and c shall be subject to Section 12 of this Act; 
 
d.  
Liberty to conduct private interviews with persons deprived of liberty without 
recording or monitoring by the persons in authority, or agents thereof;   
 
e. 
Liberty to choose the places to visit and persons to interview, and when these 
should take place; 


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f. 
Liberty for NPM officers and duly authorized personnel to visit all places of 
deprivation of liberty; 
 
g. 
Freedom to determine its own rules and procedures, including its program of 
visits; 
 
h. 
That the relevant authorities shall be required to examine its recommendations 
as the NPM and to enter into dialogues with the same to discuss and agree on possible 
implementation and the corresponding reporting measures; 
 
i. 
That the relevant authorities shall be required to fulfill recommendations of the 
NPM by implementing the agreed-upon measures accordingly. Should the authorities fail to 
act upon the recommendation, the NPM shall forward its findings to the Department of Justice 
and other concerned government agencies for appropriate actions; 
 
j. 
That the relevant authorities shall immediately file and pursue the appropriate 
administrative, civil, and/or criminal cases against individuals and/or authorities who refuse 
to cooperate with the NPM as it undertakes its mandate under both this Act and the OPCAT; 
 
k. 
That the NPM shall enjoy complete financial and operational autonomy and 
independence when carrying out its functions under both this Act and the OPCAT; and 
 
l. 
The NPM shall be allowed to receive foreign grants for the establishment of 
NPM premises and implementation of its functions specified in this Act. 
 
SEC. 7. Composition of the NPM. – The NPM, which shall be an independent and 
collegial body, shall be composed of the Chairperson of the Commission on Human Rights or 
his/her representative Commissioner, sitting as an ex-officio member, and ten (10) other 
members with the following qualifications: 
1.  Five (5) experts, each representing one of the following professions or other related 
fields, such as: 
a. Criminal Law; 
b. Medicine; 
c. Psychiatry; 
d. Psychology; 
e. Social Work; 
f. Architecture; and 
g. Engineering; 
 
2. Four (4) representatives from non-governmental organizations (NGOs) operating in 
the Philippines for at least five (5) years and advocating for human rights, preferably focusing 
on anti-torture work and/or upholding the rights of persons deprived of liberty; and 
 
3. One (1) person with prior professional experience of at least five (5) years concerning 
the administration of places of deprivation of liberty.  
The NPM shall have balanced gender representation and have adequate representation of 
ethnic and minority groups in its membership on the basis of the principles of equality and 
non-discrimination.  
 


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The NPM shall organize itself within thirty (30) days from the completion of the appointment 
of all ten (10) members. 
 
SEC. 8. Qualifications of the members of the NPM. -  Except for the Chairperson or his/her 
representative Commissioner, all members of the NPM shall have the following qualifications: 
 
a) Be Filipino citizens; 
b) Have been practicing their respective professions for at least five (5) years; 
c) Have no record of any human rights violation(s).  
 
Preference will be given to members of the aforementioned professions who are 
knowledgeable about matters related to deprivation of liberty, the Bangkok Rules, the Beijing 
Rules, detention, and the administration of justice. 
Furthermore, each of the members shall possess the following additional qualifications: 
 
1)  
The five (5) experts shall: 
 
a) Be recognized and respected members of their respective professional 
organizations; 
b) Possess high moral character, recognized probity, competence, and integrity; 
c) Be defenders and promoters of human rights in both their professional and personal 
capacities; and special consideration will also be given to members of the 
aforementioned professions who understand the penal situation in the Philippines, 
particularly penal structural conditions, organizational processes, culture, and the 
effects of imprisonment. 
 
2) 
The four (4) representatives from the NGOs shall: 
a) Be recognized human rights defenders nominated by NGOs operating in the 
Philippines for at least five (5) years and advocating for human rights, preferably 
focusing on anti-torture work and/or upholding the rights of persons deprived of 
liberty; or  
b) Be human rights experts with experience working on both the issues of torture and 
the rights of persons deprived of liberty and visiting places of deprivation of liberty; 
 
3)      The member with prior professional experience regarding the administration of places 
of deprivation of liberty shall:  
 
a) Have a Bachelor’s Degree;  
b) Have experience in detention facility administration, with a good track record in 
the administration of places of deprivation of liberty; and 
c) Have an understanding of the penal situation in the Philippines, particularly penal 
structural conditions, organizational processes, culture, and the effects of 
imprisonment.  
 
SEC. 9. Term of Office, Appointments. - The Chairperson of the Commission on Human 
Rights or his/her representative Commissioner, sitting as an ex officio member of the NPM, 
shall serve as a member of the NPM for the entirety of his/her respective tenure in the CHR. 
The ten (10) members shall be appointed by the CHR Commission En Banc. The selection and 
appointment process shall be open and transparent, ensuring participative engagement with 
all relevant stakeholders. To ensure that the NPM is a continuing body, the first batch of 
appointments shall serve on a staggered basis. Of the first appointment of the ten (10) 
members, three (3) experts and two (2) representatives from the NGOs shall serve for two (2) 


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years. All subsequent appointments shall serve for a period of three (3) years with the 
possibility of one (1) reappointment. 
In no case shall the members of the NPM be appointed, reappointed, or designated in a 
temporary or acting capacity. Appointment or designation to any vacancy shall be only for 
the unexpired term of the predecessor. 
 
SEC. 10. Salaries, Emoluments, and Benefits. – The members of the NPM shall have the 
rank, salary, emoluments, and allowances equivalent to a Commissioner of the CHR. 
 
SEC. 11. Organization and Staffing. – The NPM is hereby authorized to prepare and 
adopt the organizational structure and staffing pattern for the national and regional offices of 
the NPM in such manner or form as they may deem most suited and responsive to national 
and regional administration, subject, however, to existing laws and regulations prescribing 
position classification, rankings and pay ranges for national departments and offices.  
 
The NPM shall establish a regional office in each of the regions in the country with the 
corresponding staff complement that will be responsible for implementing the NPM functions 
in their areas of jurisdiction. 
 
SEC. 12. Independence of Members of the NPM.  
a. All members of the NPM shall act independently and impartially. With the 
exception of the CHR Chairperson or his/her representative Commissioner, all other 
members of the NPM shall serve in their personal capacity. They shall conduct themselves in 
accordance with the following guidelines:   
 
1) No member of the NPM shall participate in activities which may imply, or may seem 
to imply, a conflict of interest with his/her capacity as an independent and 
impartial member; and  
2) Members of the NPM shall avoid any action that might give the impression that any 
given agency or facility is receiving more or less favorable treatment than that 
accorded to others; and  
3) If for any reason a member of the NPM considers that he/she is in a situation 
involving a potential conflict of interest, he/she shall promptly inform the 
Executive Director, who shall then advise the rest of the members of the NPM on 
the potential conflict of interest. Ultimately, the NPM shall take all measures 
necessary to safeguard the requirements of independence and impartiality of its 
respective members. 
 
SEC. 13. Fiscal autonomy. – To ensure the NPM’s independence, it shall enjoy full fiscal 
autonomy. Appropriations for the NPM shall not be reduced and shall be automatically and 
regularly released. 
 
SEC. 14. Confidentiality. – All documentation and information collected by the NPM 
shall be kept strictly confidential, unless the NPM decides otherwise in relation to a particular 
document: Provided, That no sensitive information, whether personal or otherwise, shall be 
published without the express consent of the individual or authority concerned: Provided 
further, that this provision shall be in accordance with all existing laws on confidentiality and 
security of sensitive personal information and data, such as but not limited to the Data Privacy 
Act of 2012. 
 


Page 11 of 12 
 
SEC. 15. Relationship and Cooperation with Government Agencies, Civil Society 
Organizations (CSOs) and Other Groups. – The NPM shall apply a human rights-based approach 
in the performance of its mandate, maintain direct regular contact with and encourage open 
dialogues with the relevant UN agencies working against torture, including the Committee 
Against Torture, SPT, and the Office of the High Commissioner for Human Rights (OHCHR). 
It shall also encourage and maintain participation and coordination with the CSOs, media 
organizations, and other regional, national, 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 and monitor the implementation of the recommendations, proposals, and other requests of 
the NPM in the performance of its mandate. 
The competent authorities shall take into consideration the recommendations of the NPM and 
enter into a dialogue with it, on possible implementation measures.  
 
SEC. 16. 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 NPM, including its 
officers and staff, any information and no such person or organization shall be 
otherwise prejudiced in any way; 
 
b. The relevant authorities shall take effective steps to prevent and promptly respond 
to any sanction or act of reprisal stemming from communications to or cooperation 
by other persons or organizations with the NPM;  
 
c. No criminal, administrative, or disciplinary sanction shall be taken against any 
person or organization for having communicated in good faith any information to 
the NPM, including its officers and staff; 
 
d. Anything done in good faith and pursuant to the functions and powers conferred 
upon the NPM under this Act or in respect of any publication by, or under the 
authority of, the NPM of any report, proceeding, or any other matter under this 
Act shall not be a ground for action, suit, or other legal proceeding against any 
member of the NPM, its officers, staff or employees, or any other person who 
assisted the NPM in the performance of the its mandate; and  
 
e. Any legal action filed to harass, vex, exert undue pressure against any member of 
the NPM, including its officers and staff, in the performance of their functions 
under this Act shall, if proven in court to have been filed for any of the 
aforementioned purposes, be immediately dismissed with prejudice and the court 
may award damages, attorney’s fees and costs of suit.  
 
SEC. 17. Information Sheets on Persons Deprived of Liberty and Places of Deprivation of 
Liberty. – The NPM shall be entitled to receive copies of the lists as provided under Sec. 7 of 
Republic Act No. 9745, otherwise known as the “Anti-Torture Act of 2009” and as provided 
under Sec. 10 of Republic Act No. 10353, otherwise known as the “Anti-Enforced or 
Involuntary Disappearance Act of 2012”. 
 
SEC. 18. Public Education, Information, and Awareness Campaign. – The NPM, in 
partnership with the Philippine Information Agency (PIA), Department of Justice (DOJ), 


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Bureau of Corrections (BUCOR), National Bureau of Investigation (NBI), Bureau of 
Immigration (BI), Department of Interior and Local Government (DILG), Bureau of Jail 
Management and Penology (BJMP), the Philippine National Policy  (PNP), the Department of 
National Defense (DND),  Armed Forces of the Philippines (AFP), Department of Social 
Welfare and Development (DSWD), Department of Health (DOH), and other agencies with 
jurisdiction, control and/or oversight of places of deprivation of liberty, CSOs, and such other 
concerned parties and entities in both the public and private sectors, shall inform the public, 
as well as persons in authority and their agents, of the existence of the NPM, the rights of 
persons deprived of liberty, the importance of preventive visits, the need for cooperation 
during such visits, and for implementing measures based on recommendations of the NPM.  
 
SEC. 19. Periodic Review. – Within five (5) years after the effectivity of this Act, and 
every five (5) years thereafter or as the need arises, the NPM shall conduct a comprehensive 
review of its implementation and a systematic evaluation of its performance and functioning 
in order to highlight its accomplishments and impact on the protection of the rights of persons 
deprived of their liberty. 
 
To carry out this task, the NPM shall ensure participative and multi-sectoral dialogues with 
stakeholders, the CSOs, survivors of torture and their families, and the relevant government 
authorities involved in the treatment of persons deprived of their liberty and the 
administration of places of deprivation of liberty. 
The NPM shall submit its review and evaluation report to both the Senate Committees on 
Justice and Human Rights and the House Committee on Human Rights for their 
consideration.  
 
SEC. 20. Appropriations. – The NPM shall have an initial budget of Nine Hundred 
Million Pesos (PhP900,000,000.00). The amount necessary for the implementation of this Act 
shall be charged against the current year’s appropriations of the CHR.  Thereafter,  the amount 
necessary for the continuous implementation of this Act shall be included in the annual 
General Appropriations Act (GAA). 
 
SEC.  21. Implementing Rules and Regulations (IRR). – The CHR shall formulate the IRR 
of this Act within ninety (90) days from its effectivity. The CHR shall consult with the DOJ, 
BUCOR, NBI, BI, DILG, BJMP, PNP, DND, AFP, DSWD, DOH, JJWC, ULAP, and other 
relevant government agencies and CSOs working in various fields relevant to the treatment 
of persons deprived of liberty. 
The IRR of this Act shall be effective within fifteen (15) days following its publication in two 
(2) newspapers of general circulation. 
 
SEC. 22. Separability Clause. – If any provision of this Act is declared invalid or 
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. 
 
SEC. 23. Repealing Clause. – All laws, decrees, executive orders, rules and regulations, 
memorandum orders, memorandum circulars, administrative orders, ordinances, and other 
issuances, or any part thereof, which are inconsistent with this Act, are hereby revoked, 
amended, or modified accordingly. 
 
SEC. 24. Effectivity. – This Act shall take effect fifteen (15) days after its publication in 
at least two (2) newspapers of general circulation. 
 
Approved,