Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HouseBi||No.1C212
i    B¢.ATEJIABJL&
-`.-.fro        .  -;if.{'
INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TUI.FO,
TOCELYN P. TULFO, AND ERW.IN T. TULFO
AN ACT STRENGTHENING THE COMMISSION ON HUMAN RIGHTS (CHR)
AS A NATIONAL iHUMAN P`IGHTS INSTITUTIol\`T (NHRI) AIl`TD FOP` OTHEP`
PURPOSES
EXPLANATORY NOTE
Article XIII, Section 17 of the 1987 Constitution created the Commission on
Human Rights (CHR) as an independent body which shall, among other functions,
investigate violations against civil and political rights in the country and shall protect
and promote the human rights of its citizens.
In line with upholding the State policy enshrined under Article 11, Section 7 of
the 1987 Philippine Constitution which provides that the State values the dignity of
every human person and guarantees full respect for human rights, the Commission's
key  areas  of work  include  (1)  prevention  of  human  rights  violation and  abuses
thro.dgh  advocacy,  partriership,  mLoritorir?Lg,  ipuformatiopL,  educatiopL,  research,  ap.d
training; (2) investigation, reporting, and mohitoring of human rights violations and
abuses; (3) empowerment of victims of human rights violations and their families,
other vulnerable sectors, and all stakeholders; and (4) recommendation and advocacy
for   appropriate   rights-based   legislative,   administrative   and   judicial   policies,
Programs, and measures.1
The CHR has coninued to uphold its responsibilities, yet internal chaiienges,
including inadequate funding, understaffed departments, and an overall ambiguity
regarding the execution of its mandate, hinder the Commission's ability to operate at
its best.2
1 APF,"Commission on Human Rights of the l'hilippines'-`-,  I /-ae As!fl J'¢cz,¢c +o"j/!  a/-Nflfio#fl/ H##j#"
Rz.g/z£`sJ7zstr.trtfr.a"s,https:,/,/www.asiapacificforum.net,/members,/philippines,/.
2 Gavilan, ]odesz, "More power, independence: Can a charter give CHR more teeth?", R¢pp!er, 26 Sep.
2023,     https:/ /www.rappler.com/ newsbreak/ in-depth/things-tc+know-commission-human-rights-
own-charter-more-power-independence-teeth.


Therefore, there is a need to strengthen the CHR as a National Human Rights
Institution (NHRI). The NHRI is a state-mandated body, independent of government,
with a broad constitutional or legal mandate to protect and promote human rights at
the national level.3
This proposed legislative measure aims to institutionalize the capacity of the
CHR as an NHRI, an independent office, and a collegial body, and clearly define its
powers and functions which cover the investigative, visitorial, legal, and monitoring
operations,  as  well  as  human  rights  education,  information,  and  advocacy  of  the
Commission.
In view of
RALPH
2nd Distric
he foregoing, the urgent passing of this bill is earnestly sought.
DEL P. TULFO
sentative
of Quezon City
ACT-CIS Partylist
3 `` ALbout Natior\al Human RIgt\ts lr\stitulor\s" , European Network Of National Human RIghts Institutions,
https://ennhri.org/aLbout-
nhris/#:~:text=National%20Human°/o20Rights°/o20Institutions%20(NHRls,economic%2C%20social°/02
0and%20cultural°/o20rights./
2


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Seccji-idRe8~uli-ill.Sessicl-I-t
HouseBfliNo|rJ£12
INTRODUCED 8¥ REPRESENTATIVES RALPH i^rENDEL P. TULFO,
|OCELYN P. TULFO, AND ERWIN T. TULFO
AN ACT STRENGTHENING THE COMMISSION ON HUMAN RIGHTS (CHR)
AS A NATIONAL HUMAN RIGHTS INSTITUTION (NHRI) AND FOR OTHER
TIT TD D/i a I a
L +,Ill \,I,|J|,
Be it enacted by the Senate and the House of Representatives of t]re Phitippines in Congress
assembled:
8           SECTION 1. Sfrorf Tz.fJc. -This Act shall be known as the ``Commission on Human
9      Rights (CHR) Cliarter".
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11           SEC. 2. Sf#fe poll.ey o7! H"ffl¢" R..gJzts. ~ The state values the dignity of every human
12      person and guarantees full respect for human rights. It shall give highest priority to the
13      enactment of measures that respect, protect, and fulfill the right of all people to human
14      dignity atall stages ofhumanlife.
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16           SEC. 3. Dc/I.Hz.fI.o# a/ Hcfr#fl7z RI.gJ!ts.  -Human rights are the supreme, universal,
17      inherent, and inalienable rights to life, dignity, and self-development of every person
18      regardless of race, sex arLd gerLdcr, rLatiorLalit},', cthrricity, larnguage, religiorL, or airy other
19      status. These rights include those guaranteed by the philippine coustitndon, domestic
20      laws,  and  intemational human rights  instruments  such as, but not limited  to,  the
21      international  bill  of  rights,  1..c.,  the  Universal  Declaration  Of  Human  Rights;  the
22      International covenant on civil and political Right; and the International covenant on
23      Economic, Sex=ial, and cultural RIghts; international humanitarian law; and all other
24      existing and future human rights instmments to which the philippines is a state party.
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2          SEC. 4. The  commission  as  an Independent  of f oce.  -The independence  of the
3      Commission on Human Rights, hereinafter referred to as the  ``Commission'',  shall
4      ai-w-a:v-s be I-espec[ed  arid -ripiLLeld.  The CorrumiissiorL shall erLjoy ifull fiscal  a-titoi-Lorn:v-.
5      Appropriations for the Comlnission shall not be reduced and be automatically and
6      regularly released.
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8          SEC.  5.  The   Commission  as   a  National  Human  Rights  Institw±ion.  -  The
9      Commission is the National Human Rights Institution (N-HRI| of the Philippines in
10      accordance with the Principles Relating to the Status of National Institutions q'aris
11      Principles) ar`Ld oil.er LTnited Nations (UN) P`esolutions and Instrurp.epLts pertairtllnLg to
12      the effective functioning of NHRls. As such, the state and all its agents shall ensure and
13      respect the compliance of the commission with the paris principles.
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15           SEC. 6. The commission En Banc as a collegial Body. -The cormrmissiton en banc, as
16      a collegial body, is responsible for the promulgation of pdicies, decisions, orders, and
17      resolutions necessary for the efficient administration of the commission and for proper
18      cxcc`dticrL of its constittitional mLaindate. Every policy, dccisiorL, order, cr rcsolidtic>ri of
19      the commission must bear the concurrence and signature of a majority of the Members.
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21           In the exercise of its powers and functions, the commission shall sit and render its
22      decision e7z hajic, unless otherwise provided in an internal resolution adopted by the
23      Commission c7t b#7zc. -the commission shall meet regularly. A majority of the Mem-bers
24      shall constitute a quorum.
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26          SEC. 7. The comndssion, Composition, and Quatif ecations. -The couriinsston shall
27      be composed of a chairperson and four (4) Members who mustbe:
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29           (a) Natural-born citizens of the philippines;
30           a) At least thirty-five (35) ,vears of age at the time of their appointment;
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1           (c) With proven probity, integrity, and competence in the field of human rights
2                 work;
3           (d) Must not have been convicted by final judgment of any crime involving moral
4                turpitude; and
5           (e) Must not have been candidates for any elective position in the national elections
6                ilnmediately preceding their appointment.
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8           A majority thereof shall be members of the philippine Bar, who have been engaged
9      in the practice of law for at least ten (10) years. The composition must observe gender-
10      balanced and pluralist representation, which shall be in accordance with the Paris
11      Principles.
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T3          set. 8. A:|apointmen± and Term of of f ice of the chai:rpe.rson and Me.i'nbers of the
14      Cof7iffl{.ssz.OEL -The chairperson and Members of the commission shall be appointed
15      by the president for a term of seven (7) years without reappointment.
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17          0f those first appointed under the enactment of this charter, the chairperson shall
18      hold  office for  seven  (7)  years,  two  Members  for  six  (6)  years,  and  the  other  two
19       Members for fiTVTe (5) years. The tcrrrL cf +uLLc cr`Lairpcrscn and McifLbers shall start oL-L the
20      day  immediately  after  the  end  Of  the  previous  one,  regardless  of  the  date  Of
21      appoininent. In no case shall any chairperson or Member be appointed, reappointed,
22      or  designated  in  a  temporary,  part-time,  or  acting capacity.  Appointment  to  any
23      vacancy occurring during the term shall be ordy for the unexpired portion of the term
24      Of thepredecessor.
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25            vacapLcies inL +ut`Le offices cf +.TtLe of +.1|Le chairpersor`L and of t_hLe commissiorLers shall be
27      ffled within ninety (90) days from its occurrence. However, the incumbent chairperson
28      or Member shall hold the position until such time appointment was made by president
29      forthesameposition.
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1          SEE. 9. Seleedon process f or the chalxperson and Members of the commission. ~ The
2      sitting  Chairperson  and  Members  of  the  Commission  shall  act  as  the  Selection
3      Committee for the appointment of the new chairperson and four (4) Members of the
4     Condssion.
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6          The selection committee shall convene immediately, as soon as vacancy exists or
7        I,A,7herL  +uhe  termL  Of  LtlLe  ciur[er*  },4emLbers  ep.ds  I,^.7i+uhirTL  six`   (6)  LT.crLLTt5   Or  I,A,r.hLerL  all
8      impending vacancy occurs. The committee shall develop its own rules of procedures
9      for the selection of nominees for the position of chaiaperson and commissioners, in
10      accordance  with  requirements  of  an  open,  transparent,  and  merit-based  selection
11      process, as mandated by the paris principles. The conduct of consultations with human
12      rights  organizations  and  other  relevant  stakeholders  for  the  selection  of  the  new
13      members of the commission c77 bf37zc shall form part of the rules and procedures.
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15            SEC.10. ProJ!z.b!.f!.o# ¢7zd D!.sq#¢Z{/:I.cof£.or!. -The chairperson and Members of the
16      Commission  shall  not,  during their  tenure,  hold  any  other  office  or  employment.
17      Neither shall they engage in the practice of any profession or in the active management
18      or control of any business, which in any way may be affected by the functions of their
19      office, nor shall they be financially interested, directly or indirectly, in any contract with,
20      or  in  any  franchise  or  privilege  granted  by  the Government and  its -subdivisions,
21       a8erLcies,     Or     iristr.riffLerLtalitie3,     incl.ddiri8     8OverruTLerLt-O-v.vTLed     Or     {OrLtrolled
22      corporations or their subsidiaries.
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24           Thev shall avoid conflict of interest in the conduct of their office. They shall not be
25      allowed to appear or practice before the Commission within one year following the
26      completion of their term of office, their resignation, or any other manner of separation
27       fromoffice.
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29           No spouse, common law partner, or relative by consanguinity or affinity within the
30      fourth civil degree, or business or professional partner of the chairperson or Members,
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1      may  transact business  directly  or  indirectly with the Chairperson or Members,  or
2      appear as counsel or agent of a party in any matter pending before the commission.
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4          These prohibition and disqualification shall apply during the tenure of the official
5      concerned and one year thereafter.
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7           SE€~.1.1. Sa.Ia.ryl, Reetirem.ent, an.d other pri.7.ii.1.eggs of the ch.a.irperson. an.d. M.em.bees.
8      - The Chairperson and Members of the Commission shall receive the same salary,
9      retirement, privileges, and benefits as Justices of the court of Appeals, and their salaries
10      shall not be decreased during their term of office.
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12          Upon the death of a retired chairperson or Member, his or her surviving legitimate
13      spouse and/or dependent children shall be entitled to receive, on a monthly basis, all
14      the rctiremerLt berLefits that the deceased retiree `,^,7as receiviLng at +.he time of his or her
15      death under the provisions .of applicable retirement laws. The surviving legitimate
16      spouse and/or dependent children shall continue to receive such retirement benefits
17      during his or her lifetime or until he or she remarries.
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19           " L)ependent c-hiidren'.'., as used in this section, refers to a legitimate, iiiegitimate, or
20      legally adopted child who is chiefly dependent on the said deceased chairperson or
21      Member of the CHR if such deperider`Lt cmd is r`.ot in.ore +_haln. twer`.ty-orT.e (21) years of
22      age, unmarried and not gainfully employed, or if such dependent child, regardiess of
23      age, is incapable of self-support because of any mental or physical defeat or condition.
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25           SEC.12. Sfrocf#rzzJ orgr#t.zflfz.o#. -The commission shall have the following offices
26      in the central office: Office of the chairperson, Orfices of the commissioners, Office of
27      the Executive Director, Office of the commission secretary, Planning and Management
28      Office, General Atinrinistratiun office, Fiiidncial Mar-iagcilieiit office, bt=parate ufficeb
29      for the performance of its powers and functions (which shall include but not limited to
30      offices  for hunuri rights  protection  services,  human rights  education and  training
31      services, human rights prevention and visitorial services, and human rights policy
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1      advisory  services),  regional  and  provincial  offices  and  such  other  offices  as  the
2      Commission may estifelish in accordance with its functions.
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4          The commission shall have regional offices in every region, each of which shall be
5      headed  by  a Regional  Director and  each shall  have their o"m office  building.  The
6      regional  offices  will  include  the  geographically  grouped  regional  offices  and  the
7      Cordillcra Admirristrative p`egiop.. The Natic>rLal capital p`egic>n shall be divided irLto
8      four (4) districts; each shall also be headed by a Regional Director.
9
1o           The  Commission  shall  also  have  a  provincial  office  in  every  province.  These
11      Provincial offices shall be under the direct supervision of the Regional office having
12      territorial Jurisdiction over them.
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1 A            The authority ar`Ld responsibility for the exercise of +_A.e mLa.TiLdate of +.h.e comumLission
15      and for the discharge of its powers and functions shall be vested in the commission c"
16      ZJfl7zc, which shall have supervision and control of the said office.
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18           The commission may affect changes in the organization as the need arises: Proz7z.did,
19      That such reorganization shall be tunded out of the personnel services appropriation of
20      the commission.
21
2.2          SBC. T3. Privileges and Emotanents of commission of f icials and Employees. ~ A:Il
23      officials and employees of the commission shall receive emolunents and privileges,
24     which shall not be less than those given to their counterparts in other constitutional
2 5      Commissi ons.
26
27           SEC.14. Pozocrs fled F##cfi.o#s a/ffec co"owissi.OEL -The commission shall promote
28      and protect ail human rights, including civil, political, economic, social, and cultural
29      rights, and shall have the following general powers and functions:
2n--
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(a)   Investigate, on its own or upon complaint by any party, all forms of violations
of human righ.ts;
@)   Adopt its operational guidelines and rules of procedure and cite for contempt
any person for violatious thereof or its lawful orders and, for this purpose, the
Rules of Court shall have suppietory application;
(c)   Provide appropriate legal and preventive measures, which include but shall not
T`a li..|/|i+aA  +/` +Ilo fr`1l/`T^rii'|rT.
I/l  LJLJIJLl-.l`^  1`/  .JL.`  +Vll`/ t ' LILC).
(1) Legal a`ssistance and counseling to victims;
(2) Directing concerned government agencies in giving protection to victims of
human rights violations;
(3) Issuing cease and desist orders;
(4) Petition the Court tor Writ Of Habeas Corpus,  Vvrit Of Amparo,  Writ Of Habeas
Dflf", W7i.f o/Kflzz.kesfl7z, and any other protective writs, in behalf of the victims
of humLarL rights ``7iolaticns; and
(5) Issue continuing mandamus for the protection of human rights of all persons
within the Philippines;
(d)  Provide legal aid services to the underprivileged whose human rights have been
violatedorneedprotection.Clientsneedinglegalassistance/representationmay
also be referred to the Public Attorney'.s Office or -Legal Aid Off-ices, as may be
necessary and appropriate;
(e)   Ey`ercise  iiT`LaLr`.nLoiiir`.ced,  lil.Ti.helm.pered,  iiil_restricted  visits  Over  jars,  prisons,
camps, custodial or detention facilities, places Of confinement, safe houses, and
sindar places of deprivation of liberty;
(I)   Establish  a  continuing  program  of  research,  education,  and  information  to
enhancerespectfortheprimacyofhumanrights.TheCHRshallcoordinatewith
the Department of Education (DepEd), the Commission on Higher Education
(CliED), the Philippine Judicial Academy (PHILJA), the Legal Education Board
(-LIB), and other state colleges and universities to errsure the objective above
stated;
(g)   RecommepLd  to Cc>p.gress  effective  measures  tcl  prornete  and  protect human.
rights,
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(h)   Recommend  effective  measures  to  provide  for  compensation  to  victims  of
violations of htiman rights or their families;
(i)    Monitor  the  Philippine  govemment`s  compliance  with  international  treaty
obligations on human rights;
0)    Report to  international  human  rights  mechanism  on  all  aspects  relating  to
government' s compliance to its treaty obligations;
\nK)   crarLt immLidrity frc>m prcseciiLtionL to aLtl.y persop. T,^rh.ose testimLopLy or possessio.nL
of documents or other evidence is necessary or convenient to determine the tnith
in any investigation conducted by it or under its authority;
(I)    Request  the  assistance  of any  department,  bureau,  office,  or  agency  in  the
performance of its functions;
12           (in) Call on government departments, bureaus, offices, or agencies to comply with
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its obligations under the international human rights obligations;
(rL)   PerforLTL its Gel-Ldcr and Child CkTLbitld rc}les, as i,A,Jell as to ertftire that the stat{ns,
rights, and interests c>f the marginalized and vulnerable sectors are upheld in
accordance with the Constitution, laws, and international instruments on human
rights,
(o)   Issue  human  rights  advisories  and  position  papers/opinion  on  all  matters
affecting the  human rights  o±- ail  persons  directed  to  concerned agencies  of
government for their consideration and implementation;
(p)   Isside .HiimaLnL Fti: ghts CleaLrap.ces aLilLd Certificates of No Pep.ding HurrELTi. Fights
Case;
(q)   Appoint its officers and employees in accordance with law; and
(r)   Perform such other duties and functions as may be provided by law.
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26           SEC.15. Jf!t?€sf{.grfl.I;e poovers ¢#d F#r{cfz.o#s. -The commission shall investigate,
27      on complaint or on its own, cases of human rights violations.  In the exercise of its
28      investigative function, the commission shall:
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(a)  Act promLptly on reports or comLplaints filec]. in aLn.y forrrT. by any inLdividual or
organization.     Findings     of     human     rights     violations     shall     include
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recommendations for appropriate remedies and referral to proper goverrment
agencies   for   the   ffling   of   administrative,   criminal,   or   civil   actions.   The
recommendations  may  include  proposals  for  legislative,  administrative,  or
judicial  reforms.  The  investigation  and  other  proceedings  conducted  by  any
administrative, judicial, or quasi-judicial bodies shaii not bar the investigation of
the Commission on allegations of human rights violations, and findings by the
commission mLilst be gil,7en i,A,7ei8ht;
a) Investigate alleged vi.olations of human rights, international humanitarian law,
and anti-terrorism law violations, as provided in pertinent laws;
(c)  Compel  the attendance of witnesses and the  production of evidence, place a
witness under oath or affirmation, issue s#bpae7i#s, and take testimony in any
investigation or inquiry conducted by the Commission or any Of its offices;
(d) Conduct forensic  and  medical  sciences  in  making findings  of  human rights
``,riolations,  ir`LcludinL8  bidt  nc>t  limited  to:  collectiopL  cf  physical  eT,7ider`Lce  frc>m
locations relevant to its  investigation.,  assessment Of- living victims  ct- human
rights violations to determine their physical and mental well-being, and conduct
independent examination of the remains of alleged victims to document any
inquiry and  to  determine cause  and manner  of death.  Pursuant thereto,  the
Commission shall have the authority to exhume and conduct autopsy on the
aforesaid human remains, subject to the consent of the family of the deceased, if
applicable;
(e) Provide psychosocial support, which includes but is not limited to referral to
primary health care centers with existing mental health programs to victims of
human rights violations as well as human rights defenders under threat;
(f)  Ensure provision of compensation for victims of human rights violations or their
families, as appropriate and proportional to the gravity of the violation and the
circumstances  of  each  case,  resulting  from  gross  violations  of  international
human rights law and serious violations Of intemationai humanitarian law;
(g) Provide safety to witnesses, as well as human rights defenders under threat. For
+_his piEapose, the Com_Trissior`. shall in.plemer`.t a.r`.d manage a Witr`.ess ProtectiorT.
Service, which will provide security, shelter, relocation, and livelihood assistance
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to witnesses and their families until such time the threat ceases,, or when the case
can be endorsed to the Department of Justice and the witness or person under
threat qualifies for the latter's protection service.
(h) Grant immunity from prosecution to any person whose testimony or possession
of documents or other evidence is necessary or convenient to determine the truth
in any investigation conducted by it or under its authority;
(i)  Cite  for  contempt  Of  any  perso.ti.  for  violating  +_he  ComuTnissiorT.'s  P`ules  cf
Procedures  and  lawful  orders.  In matters  concerning contempt,  the  Rules  of
Court shall apply suppletory to the Rules of Procedures of the Commission; and
¢)  Perform such other powers and functions as may be necessary or incidental to
the effective exercise or conduct of its investigative powers.
SEC.16. VI.si.fort.fl z Pozucrs. -The Commission or its duly authorized representatives
14      are hereby mandated and authorized to conduct regular, independent, unannounced,
15      unhampered, and unrestricted visits to or inspection of all places of detention and
16      c onfinement.
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18            A z7j#ce o/ deprz.ztflfr.07",I zz'ber!ty shall refer to any place of detention, imprisonment,
19      confinement,  or  the  placement  of  a  person  in  a  public  or  private  custodial  or
2o      rehabilitative setting under or within the jurisdiction and control Of the Philippines
21      where persons are or may be deprived of their liberty by virtue of an order given by a
22      public authority at his/her instigation or with his/her consent or acquiescence.
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24            SIC.  17.  Scape  a/` Lcg4iz  1-vfetls%r-es.  -  ill  urder  tu  strengthen  the  exercise  of  its
25      investigatory power, the commission, including its Regional and provincial/District
26      Offices, may issue the following legal measures as weH as provisional remedies, which
27      shall include, butnotlimited to:
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('a) Mandatory Protection Orders (MrJC)s) directing government security forces and
other government agencies or private institutions to provide specific protection
to victims Of and i,^.7itri.esses to hiurrr`.ap. rig.hts violations;
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ap) Petition for the protection of the rights of persons, such as:
i.          Temporal};.' libert}r' for medical  examination  (especially for sick  and/or
pregnant persons deprived of liberty; and
ii.         Such other legal remedies to correct government actions that encroach on
or have the threat to violate human rights, such as petitions for certiorari,
mandamus, and declaratory relief;
(c)  Other remedies ill relatioLnL to the Protection of the rig.hts of childre.nL, such as bijLt
not limited to:
i.          Actions for protective custody of minor-victims of violation of children's
rights,
ii.         Petitions for involuntary commitment, in coordination with the concerned
social and development office; and
iii.        Petitions, motions, or pleadings to correct an error in the commitment,
deter`.tiorT.,  a.r`.d.,/ or takjr`_g of ci_I.stody Of cltld_rep. in_ cor`_fl_ict with_ the la.w
(CICL);and        _
(d) Mediation between parties on issues that are and can be subject to settlement.
SEC.  18. MOHi.±ori.#g Fi{r!cfr:o#s.  -  In  the exercise  of  its mandate  to  monitor  the
22      Government's   compliance   with  its   international   human   rights   obligations,   the
23      Commission shall:
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(a) Monitor and advise government on  its responsibilities and obligations under
international human rights treaties to which the Philippines is a signatory;
(b) Prepare its own independent reports to the UN, human rights treaty bodies, and
other international human rights mechanisms, including the Universal Periodic
Review and special  procedures  mecharisms,  in relation to its  monitoring of
govemment' s compliance with its international human rights obligation;
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(c) Make the appropriate recommendations to the concerned government agency
i,with regard to -requests for official visits of Special Procedures mandate-holders
and other treaty and charter-based mechanism;
(d) Recommend   ratification   of,   or   accession   to,   international   human   rights
instruments, and ensure their impiementation;
(e) Conduct inquiries  on  the  manner  of  implementation by  the  Government of
specific r`.umLan rights obligations;
(f)  Request the cooperation of any public official on the measures undertaken by his
or her agency to comply with the State's international hiiman rights obligations;
(g) Coordinate with relevant government agencies in terms of its compliance with
intemational human rights obligations; and
(h) Undertake other activities as may be necessary in the conciuct Of its monitoring
and reporting function as an NHRI.
SEC.  19.  O£Jipr  Mo„£fore.7ig  F##cfi.o!is.  -  The  Commission  shall  also  monitor
16      observance by non-state actors of human rights obligations arising from international
17      and  domestic  laws  or  agreements  entered  into  with  the  government,  as  well  as
18      unilateral declarations and similar undertakings.
19
20          Violations of human rights committed by non-state actors that may be subject of the
21      ccmrfussiorL's rrLonitcrinL8 furLctic>ns shall iinclidde, bidt shall Lnot bc limited to:
22
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27
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(a) Those committed bv rebel groups in relation to international humanitarian law;
Q) Those corrmitted by persons, both natural and juridical, in relation to economic,
social, and cultural rights, such as but not lijrited to labor, environment, and
demolition of houses; and
(c) Those committed by individuals in relation to protection and violations of rights
ct marginalized, disadvantaged, ancl vulnerable sectors.
CSTE:.rc.r..S.H..I:rrz.arz.R`igh.±sEd.itictt±ic%.,In,fern.atio#.,an.dA.de`ocaey.--ThecomurrfeesstLonL
31      shall establish a continuing program of education and information to enhance respect
14


1      for the primacy of human rights through its education and promotion of.face, in line with
2      the 1987 Constitutiori, domestic laws, applicable treaty obligations of the philippines,
3      and the uN Declaration of Human Rights Education and Training.
4
5          The Commission shall  develop and implement a Human fights  Education and
6      Training program for law enforcement officers, education and training institutions, and
7       a+.1|Ler  8Overr`.TPLeLtl.t a8epLcies  in coordir`LatiorT. T.A.7ith.  the DepartmerTLt of the  IrT.terior  and
8      I=,ocal Government (DILG), the Department of Justice (DOJ), the Department of National
9      Defense  (DND), the DepEd, CHED,  LEE, PHILJA, and the Professional  Regulation
10      Commission a?RC), and all other concerned agencies.
11
12           Likewise,   the   Commission   shall   develop   and   implement   a   Human   Nights
13      Information campaigns program for civil society and the general public.
1A
Tlhi
15            SF.C. 21. £sffl bz!:sfe7#e#f a/H#]#fl7! R!.gz{fs lf!sfz.trfe. -The commission shall establish
16      a Human Rights Institute (HRI). It is an educational and training institute responsible
17      for the promotion and education of human rights and related fields, with in-house
18      capability in these areas of specialization. The Institute shall focus on formal education
19      programs and offer certificate courses on human rights and related fields.
20
21+            C.Etc.  22 \Ftttt.ct.ioi..s  Of the  LHum.ate. R.ights  Institittte.  -Th,A. T..riftiLku+L^.  s`ke,a`L`. ti,arv'c +.ke
22      following functions:
23
24           (a) Serve  as  a  training  institute  for  investigators,  prosectitors,  justices,  judges,
25
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29
an
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lawyers, and other human rights workers in government and civil sex:iety human
rights organizations on human rights and related issues. For this purpose, it shall
provide  and  implement  curricula  on  human  rights  and  conduct  seminars,
workshops,  and  other training programs  designed  to  develop  human rights
knowledge, skills, attitudes, and behaviors;
(b) P`eeeive  irLcome,  legacies,  arLd  dc}rTLatiors  for  +uhe  berLcfit  c>f  its  HumLan  Ftights
Institute or for its  support or maintenance, which shall be exempt from the
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payment of taxes and other fees and charges of the government., its branches and
subdivisions, arid which shall constitute a special fund to be administered and
disbursed solely for the Institute;
(c) Enter into consortium agreements with other educational and training institutes
for  the  development  and  implementation  of  its  programs  on  human  rights
education; and
(d) Advise basic apLd higher education. institutions and regrlators OPL the teachip.g Of
human rights and related issues including recommending effective measures to
promote human rights.
SEC. 23. A###flz Rcporf. -The Commission shall prepare and make public an annual
12      report on  the findings  of its monitoring activities with regard  to  the  status  Of  the
13      govemment's compliance with its international human rights treaty obligations. The
1J4
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report shall incliddc, but shall Plot be lilmited to, +.1iLe folloT,A,ring:
(a) Recolnmendatious for legal, legislative, and institutional reforms f or the greater
promotion and protection of human rights; and
@) Adoption  and  implementation by  the  concerned  government  agency  of  the
recommendations on the protection and promotion Of human rights contained in
the Commission's policy issuances and case and investigation resolutions.
The Commission shall directly submit its annual report to the Office of the President,
23      the House of Representatives, and the senate, for consideration of its recommendations.
24
25           SEC. 24. I..#fl!#cfflJ Assi.sf¢#cc progr'ifl!#t. -The commission may provide financial
26      assistance to victims of human rights violations and their families through a Financial
27      Assistance program.
10
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29           The  funds  necessary  for  the  initial  implementation  Of  the  Financial  Assistance
30      Program shall be  taken from the current year's appropriation of the Commission.
16


1      Thereafter,   the  funding  requirement  shall  be  included  in  the  annual  General
2       AppropriationsAct.   A
3
4           SEC.  25.  LcgrJ Assz.sftz#ce  Progrtzffl.  -The  Commission  shall  maintain  a  Legal
5      Assistance Program to benefit underprivileged victims  of human rights vioiatious,
6      which may be in coordination with human rights organizations and lawyers' groups,
7       th.e IrTLtegrated Bar of the philippines, +_he public Attorney's office, and philippi+tlLe laT,A.7
8      schools.
9
10           SEC.  26.  Profecf{.o#  a/ fz7t.pI.#os  Abro#d.  ~  The  Commission  shall  undertake
11      measures for the protection and promotion of human rights of Filipinos living abroad
12      in coordination and cooperation with the Department of Migrant -W-orkers  (DMW),
13      Department of Foreign Affairs (DFA), or deputize philippine Embassy or consulate
14       cifficers,   or   fcireigr_-ba_sed.   h_i_I.in_an_   rights   a_n_d.   mjgTa._n`t   T^.Tor_kers'   ri.ori`-gover.r`_Tp.ep.t
15      organizations in countries  where  the  incidence  Of human rights  violations  against
16      Filipinos  is  widespread  and  commonplace,  including  traditional  host  countries  of
17      overseas Filipino workers.
18
19           The  Commission may  establish biiaterai  or muitiiateral  relationships  with  other
20      national human rights institutions for the protection of human rights of Filipinos.
21
22           SEC. 27. Secz#1.fry a/ Dflffl. -Ail documentation and information collected by the
23      Commission  shall  be  kept  strictly  confidential,  unless  the  Commission  decides
24      otherwise in relation to a particular document: P7'oz7z'ded, That no sensitive information,
25      whether personal or otherwise, shall be published without the express consent of the
26      individual  or  authority  concerned:  Proziz.doff, ¢!r£/ref,  That  this  provision shall  be  in
27      accordance with all applicable existing and future laws, particularly, but not limited to,
28      Republic Act No.10173, otherwise known as the "Data privacy Act of 2012`.... rJublication
29      of sensitive information without the express consent of the individual or authority
30       cop.Gem.ec]. wfil be a.ealt i.^.Tit_h. accordingly.
31
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1          SEE. Z8. Protection frcim criminal and Administrative Liability. -Ari:y aict/ s rr\:a[de
2      pursuant to the functions and powers conferred upon the commission under this Act
3      and other applicable laws, or in respect of any publication by, or under the authority of
4      the cornmission, of any report, proceeding, or any other matter under this Act, shall
5      not be a ground for action, suit, or other legal proceeding against an,v member or stat±
6      of the comlnission.
LM
8           Any legal action filed to harass, vex, exert undue pressure,, or stifle any legal recourse
9      that any member or staff of the commission has taken, or may take, in the performance
10      of their functions, under this Act and other applicable laws, if proven in court to have
11      been filed for any of the aforementioned purposes, be immediately dismissed with
12      prejudice. The court may award damages, attorney'-s fees, and costs of suit under a
13      counterclaim if such has been filed.
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15           SE.C. 29. FrHfi ki:#g pri.zJ#egr. -The commission may transmit through ordinary mail
16      and/or registered mail with return card, free of charge, all official communications and
17      papers directly cormected with the conduct of its duties, functions, or the exercise of
18      administrative supervision over its personnel.
19
20           SEC. 30. Ff.#¢#cf.flz Reyorf. -The commission shall make available to`the public its
21      arirL.dad  firLaincial  statcrrLcrLts  and  rclatcd  firLainLcial  reports  as  rcquircd  by  govcrnLnLg
22      oversightagencies.
23
24           SEC.  31.  Ap;#`opr!.#fi.ous.  -  In  addition  to  the  regular  appropriations  of  the
25      Comnrission,  the  sum  of  Two  Billion  Three  Hundred  Forty  Six  Million  Pesos
26      (PHP2,346,000,000.cO) for the initial implementation of this Act shall be included in the
27      armual General Appropriations Act (GAA) in the year following its enactment into law.
28      Thereafter, such sums, as may be necessary I-or the fuii impiementation of this Act, shall
29      be included inthe annual GAA.
Jn
ILEJ
18


1           SEC. 32. rrflr{s{'fony prot#.sfo%s. ~ Nothing in this Act shall prejudice the positions,
2      emoluments, security 'of tenure, qualifications, privileges, and benefits of the incumbent
3      Chairperson and Members of the commission, and the officers and employees of the
4      Commission upon its effectivity. However, officials and employees of the commission,
5      in aid  of its  reorganization upon the  effectivity  Of this  Act,  may  avail  o±- an  early
6      retirement program as may be provided for by the commission.
7
8           SEC. 33. fropzentenfi."g R#kes and R€gr4haffous. ~ Within sixty (60)  days from the
9      approval  of this Act,  the Commission shall formulate the implementing rules and
10      regulations  in the  exercise  of  its  general,  investigative,  monitoring,  education,  and
11      advocacy  powers  and  functions  in consultation with  other concerned government
12      agencies and stakeholders.
13
14           SEC. 34. S.?£rfb!.Z!.?; CZ#|#sc.  -Should apLy provision or part Of this Act be r`.eld
15      uncoustitutional or invalid, the other provisions or parts thereof not affected thereby
16      shall continue to be in full force and effect.
17
18           SEC. 35. RcpeflJ..ng Czfl#sc.  -All laws, decrees, orders, and issuances, or portions
19      thereof, which are inconsistent with the provisions of this Act, are hereby repealed,
20      amended, or modified accordingly.
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22           SEC.  36.  £#ecfz.t#.fry.  -This  Act  shall  take  effect  after  fifteen  (15)  days  from its
23      complete publication in two (2) newspapers of general circulation.
24
Z5            Approve d ,
19