SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
L179 
S.NO. __ 
_ 
Srnntr 
{l\}lh;, "f til' ~,mb,~ 
'13 
JUL -4 
A1l :1)8 
Introduced by Senator Antouio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
The 1987 Constitution envisaged the Commission on Human Rights to exist as an "independent 
office". This is indeed necessary if the Commission is to ensure that the State performs its duty 
to respect, protect and uphol!! the rights of our people. 
However, the Commission is usually unable to address the protection of human rights due to its 
failure to prosecute reported cases of human rights violations. This can be attributed to the fact 
that it is tied up by existing law that provides the CRR only investigative and advocacy powers. 
Recognizing the need for an effective and speedy resolution of all human rights cases filed with 
the CRR, this bill seeks to strengthen the Commission by providing an effective and expanded 
structural and functional organization to meet the demands of human rights cases here and 
abroad. It is hoped that the Commission will be able to efficiently respond to the victims of 
human rights violations and the general public through providing it with prosecutorial powers 
over delineated fonns of human rights violations. 
In view of the foregoing, immediate approval of this measure is earnestly requested. 
ANTONIO "SONNY" F. TRILLANES IV 
Senator 
I 


,j~l1atl:' 
SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
{t)Hlr~,of H{e' ~('n,rhtr~ 
First Regular Session 
) 
'13 
JUL -4 All :08 
SENATE 
S.NO. 479 
Introduced by Senator Antonio "Sonny" F. TrilIanes IV 
AN ACT 
STRENGTHENING THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF 
THE COMMISSION ON HUMAN RIGHTS, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
-
1 
SECTION 1. Title. - This Act shall be known as the "Commission on Human Rights 
2 
Charter". 
3 
4 
SEC. 2. State Policy on Human Rights. - The State values the dignity of every human 
5 
person and guarantees full respect for human rights. It shall give highest priority to the enactment 
6 
of measures that protect and enhance the right of all the people to human dignity a~ all stages of 
7 
human life. 
. 
8 
9 
SEC. 3. Definition of Terms. - For purposes of this Act, human rights shall include those 
10 
rights found in Article III of the Constitution and those affirmed and recognized by the State in 
11 
the following international covenants: the Universal Declaration of Human Rights (1948); the 
12 
Intemational Covenant on Civil and Political Rights (1976); and the International Covenant on 
13 
Economic, Social and Cultural Rights (1976), and any other international treaties on human 
14 
rights to which the Philippines is a signatory. 
15 
16 
I. THE COMMISSION ON HUMAN RIGHTS 
17 
A. Nature of the Commission 
18 
SEC. 4. The Commission as an Independent Office and as the National Human Rights 
19 
lnstltutlon of the Philippines. - The Commission on Human Rights is an independent 
20 
constitutional office and is the national human rights institution of the Philippines in accordance 
21 
. with the Principles Relating to the Status of National Institutions ("The Paris Principles") and 
22 
other United Nations' Resolutions and Instruments pertaining to the effective functioning of 
23 
national human rights institutions. 
I 
, . ( 


I 
SEC. 5. Fiscal Autonomy. - The Commission shall always enjoy full fiscal autonomy 
2 
equivalent to that of the Constitutional Commissions under Art. IX of the 1987 Constitution. The 
3 
approved annual appropriations of the Commission shall be automatically and regularly released. 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
B. The Chairperson and Commissioners 
SEC. 6. The Commission, Composition and Qualifications. - The COinission on 
Human Rights, also referred to as the Commission in this Act, is a collegial body and shall be 
I 
composed of a Chairperson and four (4) Commissioners who shall possess the following 
qualifications: 
a) Must be natural-born citizens of the Philippines; 
b) Must be at least thirty five (35) years of age at the time of their appointment, who are human 
rights advocates of known probity, competence and integrity; 
c) Majority of whom, including the Chairperson, must be members of the Philippine Bar who 
have been engaged in the practice of law for at least five (5) years; 
d) Must have an understanding of human rights protection, promotion and advocacy; 
e) Must not have been candidates, including party-list nominees, for any elective position in any 
national or local elections, immediately preceding their appointment. 
19 
SEC. 7. Appointment and Term of Office. - The Chairperson and Commissioners shall 
20 
be appointed by the President for a term of seven (7) years without re-appointment. Of those first 
21 
appointed under this Act, the Chairperson shall hold office for seven (7) years, two (2) 
22 
Commissioners for five (5) years and the other two (2) Commissioners for three (3) years, all 
23 
without reappointment. In no case shall any commissioner be appointed, re-appointed or 
24 
designated in a temporary or acting capacity. 
25 
The tenn of the Chairperson and Commissioners of the Commission shall start on the day 
26 
immediately after the end of the previous term, regardless of the date of appointment. 
27 
Appointment to any vacancy occurring during the tenn shall be only for the remaining portion of 
28 
said term. 
29 
30 
SEC. 8. Prohibition and Disqualification. - The Chairperson and Commissioners of the 
31 
Commission shall not, during their tenure, hold any other office or employment. Neither shall 
32 
they engage i~ the practice of any profession or in the active management or c9ntro1 of any 
33 
business which in any way may be affected by the functions of their office, nor ~halI they be 
34 
financially interested, directly or indirectly, in any contract with, or in any franchise or privilege, 
35 
granted by the Government and its subdivisions, agencies or instrumentalities, including 
36 
government-owned or controlled corporations or their subsidiaries. They shall avoid conflict of 
37 
interest in the conduct of their office. They shall not be allowed to appear or practice before the 
38 
Commission for two years following their cessation from office. 
2 


I 
No spouse or relative by consanguinity or affinity within the fourth civil degree and no 
2 
law, business or professional partner or associate of the Chairperson or Commissioners may 
3 
appear as counsellor agent on any matter pending before the Commission or transact business 
4 
directly or indirectly therewith. This disqualification shall apply during the tenure of the official 
5 
concerned and one year thereafter. 
6 
7 
SEC. 9. Disclosure of Relationship. - It shall be the duty of the Chairperson and 
8 
Commissioners to make under oath to the best of their knowledge and information a written 
9 
public disclosure of the identities of, and their relationship with the persons referred to in the 
10 
preceding section. The disclosure shall be filed with the Office of the Ombudsman before the 
II 
appointee assumes office and every aunual anuiversary of the date of assumption of office 
12 
thereafter. The disclosures made pursuant to this Section shall form part of the public records and 
13 
shall be made available and accessible to the public. 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
SEC. 10. Salary, Retirement, Benefits and Other Privileges oftlte Chairperson and 10 
Commissioners. - The Chairperson and Commissioners of the Commission shall receive the 
same salary, privileges and benefits as the Chairperson and Members of the Constitutional 
Commissions which shall not be decreased during their tenn of office. Likewist they shall 
receive the same retirement benefits to those of the Constitutional Commissions as' provided by 
law. 
SEC. 11. Removal from Office. - The Chairperson and Commissioners of the 
Commission 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; 
(c) 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 prision 
mayor; 
(f) Abuse of authority; 
(g) Such other grounds as may be provided by law. 
33 
The proceedings for removal shall be initiated by filing a verified complaint with the 
34 
Court of Appeals stating the grounds therefor and alleging the ultimate facts upon which the 
35 
. complaint is based. 
36 
37 
The Court of Appeals shall act on the complaint and conduct the necessary investigation 
38 
and hearing. Thereafter, the Court of Appeals shall dismiss the complaint or declare the removal 
3 


1 
from office ofthe Chairperson or Commissioner of the Commission within ninety (90) days from 
2 
the date of filing of the complaint. Failure to resolve the complaint within said period shall result 
3 
in its automatic dismissal. 
4 
In deciding. upon a complaint for removal from office, the Court of Appe~ls shall not 
5 
impose any lesser penalty or disciplinary action such as suspension, censure, or reprimand other 
6 
than removal from office. 
7 
Any decision of removal from office shall be automatically stayed by the filing of a 
8 
petition for review on certiorari with the Supreme Court. 
9 
10 
C. Nomination of Chairperson and Commissioners 
11 
SEC. 12. Nominations Committee. - The President shall choose and appoint the 
12 
Chairperson and Commissioners of the Commission from a Jist of three (3) nominees per 
13 
position selected by a Nominations Committee to be composed of the following members: 
14 
a) The Chairperson of the Commission on Human Rights or if vacant, any Commissioner as 
15 
designated by the Commission En Bane; 
16 
b) The Chairperson of the Senate Committee on Justice and Human Rights; 
17 
c) The Chairperson of the House of Representatives' Committee on Human Rights; 
18 
d) Four (4) members selected by the Commission from any of the following duly accredited 
19 
entities, sectors or groups : human rights non-government organizations (NGOs), people's 
20 
organizations, lawyers' andlor paralegal groups, indigenous peoples, the academe; woman, child 
21 
and family rights groups. 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
SEC. 13. Selection of Nominees. - The members of the Nominations Committee shall 
each have one vote. They shall meet not later than thirty (30) days betore the end of a current 
term or within seven (7) days after the occurrence of a vacancy during a tenn. They shall submit 
to the President their Jist of nominees thirty (30) days before the end of said term or thirty (30) 
days after said vacancy. The President shall make the appointment within thirty (30) days after 
the submission of the list of nominees by the Nominations Committee. 
The Commission shall provide secretariat support to the Nominations ComJittee. It shall 
make all proceedings of the Nominations Committee open and accessible td the public. 
Vacancies as well as the list of nominees shall be published in a newspaper of general 
circulation. The Nominations Committee shall adopt its own rules of procedure. 
34 
SEC. 14. Pluralist Representation. - In the selection of nominees for Chairperson and 
35 
Commissioners of the Commission, the Nominations Committee shall take into consideration 
36 
pluralist representation of Philippine society in the promotion and protection of human rights. 
37 
SEC. 15. Non-Government and People's Organization Representatives to tlte 
38 
Nominations Committee. - The duly accredited human rights non-government organizations 
4 


I 
(NGOs), people's organizations (PO's), lawyers' and! or paralegal groups, representatives from 
2 
indigenous peoples, representatives from the academe, as well as woman, child and family rights 
3 
groups shall from among themselves choose the four (4) representatives to the Nominations 
4 
Committee in a meeting attended by an authorized representative of the Commission. In the 
5 
absence of a selection procedure agreed upon by said organizations, the Commission shall 
6 
promulgate the rules of procedure to govem the selection of the four (4) representatives by the 
7 
accredited organizations. 
8 
9 
II. POWERS AND FUNCTIONS 
10 
A. General Powers and Functions 
11 
SEC. 16. General Powers and Functions of the Commission. - The Commission on 
12 
Human Rights shall have the following general powers and functions: 
13 
a) Investigate, on its own or on complaint by any party, all forms of human rights violations; 
14 
b) Adopt its operational guidelines and rules of procedure and cite for direct land indirect 
15 
contempt for violations thereof or its lawful orders in accordance with the Rules of Court; 
16 
c) Provide appropriate legal and preventive measures for the protection of human rights of all 
17 
persons within the Philippines, as well as Filipinos residing abroad; 
18 
d) Provide legal aid services to the underprivileged whose human rights have been determined by 
19 
the Commission to have been violated or in of need protection to prevent a violation thereof; 
20 
e) Exercise unhampered and unrestrained visitorial powers over jails, prisons, camps, detention 
21 
facilities, safe houses and similar premises, provided prior coordination is had with the agencies 
22 
of government concerned; 
23 
f) Establish a continuing program of research, education and information dissemination to 
24 
promote respect for the primacy of human life and dignity, and the protection of human rights; 
25 
g) Recommend to Congress effective measures to promote human rights and to provide for 
26 
compensation to victims of violations of human rights, or their families; 
27 
h) Monitor the Philippine government's compliance with international treaty obligations on 
28 
human rights; 
29 
i) Grant immunity from prosecution to any person whose testimony or possession of documents 
30 
or other evidence is necessary to determine the truth in any investigation or prosecution 
31 
conducted by it or under its authority; 
32 
j) Request the assistance of any department, bureau, office or agency in the performance of its 
33 
functions; 
34 
k) Deputize government prosecutors or private lawyers, who shall be under the direct control and 
35 
supervision of the Commission, for the prosecution of human rights cases under Section hereof; 
36 
I) Accredit national non-government and people's organizations involvea in hlunan rights 
37 
promotion, protection and advocacy, including those for purposes of visiting persons arrested, 
38 
detained or under custodial investigation; 
5 


1 
m) Ensure that the status, rights and interests of children and of the family are upheld in 
2 
accordance with the Constitution, laws and duly ratified instruments on human rights; 
3 
n) Create, establish, organize, re-structure, compress, and otherwise manage such offices and 
4 
centers the Commission deems necessary and appropriate for expeditious and effective 
5 
fulfilment of its mandate, including a central office, regional, sub-regional, and provincial offices 
6 
for specific thematic and functional matters; 
7 
0) Appoint its officers and employees in accordance with law; and 
8 
p) Perform such other duties and functions as may be provided by law. 
9 l O B .  
Investigation 
11 
SEC. 17. Investigative Powers and Functions. - The Commission shall exercise primary 
12 
and original jurisdiction to investigate, on complaint or motu proprio, cases of human rights 
13 
violations to include civil, political, economic, social and cultural rights. In the exercise of its 
14 
investigative function, the Commission shall have the following powers: 
15 
a) Act promptly on complaints filed in any form or mauner by any person; and upon finding of 
16 
human rights violation, recommend the filing of appropriate administrative, civil andlor criminal 
17 
action(s). Any investigation being conducted by any other body shall not be a bar to the 
18 
investigation of the Commission; 
19 
b) Compel the attendance of witnesses and the production of evidence, administer oaths, issue 
20 
subpoenas and take testimony in any investigation or inquiry; 
21 
c) Issue orders and directives constituting preventive and legal measures, provided for under 
22 
Sections 20 and 21 of this Act, respectively; 
23 
d) Provide protection and extend financial assistance to witnesses to ensure their attendance in 
24 
investigations and production of evidence; 
25 
e) Delegate to its deputies, investigators or representatives, such authority or duty 10 ensure the 
26 
effective exercise or performance of its investigative functions; 
, 
27 
f) Request and require the assistance and cooperation of any officer or employee of any 
28 
department, bureau or office, subdivision, agency or instrumentality of the Government, 
29 
including government-owned or controlled corporations and local governments; 
30 
g) Deputize lawyers or legal aid groups, medical organizations, as well as government agencies 
31 
and offices, to provide assistance in the exercise of its investigative functions; 
32 
h) Make the results and findings of its investigations available and accessible to the public; and 
33 
i) Cite in contempt any person for failure to comply with a lawful order of the Commission 
34 
issued in the exercise of its investigative and prosecutorial functions. In this regard, the 1997 
35 
Revised Rules of Procedure shall apply suppletorily. 
36 
SEC. 18 . Imprescriptibility of Human Rights Violations. - The investigation of human 
37 
rights violations shall not be subject to any statute of limitations or prescriptive period. 
38 
6 


1 
SEC. 19. Scope oj Preventive Measures. - The preventive measures under Article XIII, 
2 
Sec. 18 (3) of the Constitution that may be issued by the Commission in the investigation of 
3 
cases involving all forms of human rights violations shall include the following: 
4 
a) Issuance of injunctive relief directing any member of the government's military or police 
5 
forces, as well as public officials or employees, or any person acting under their control and 
6 
supervision, to immediately desist from hiding, transferring, torturing or abusing a detainee and 
7 
to allow access to said detainee by the Commission, hislher counsel, physician, psychologist, 
8 
priest, pastor, rabbi, imam or any spiritual adviser and relatives; 
9 
b) Order compelling the government official or employee, or any person in control of the 
10 
premises of any govern1!1ent agency or office, specifically police and military detent jon facilities, 
II 
secret detention places, stations, installations, camps, bases, and training school~, as well as 
12 
private land and property, to permit the inspection of said premises; 
13 
c) Order to transfer persons deprived of their liberty and in danger of reprisal or retaliation due to 
14 
the filing of a complaint in connection with hislher detention, in order to secure safety of hislher 
15 
person; 
16 
d) Restraining order prohibiting respondent, any unites), personnel or persons under his/her 
17 
immediate supervision from entering the immediate vicinity of the affected area or residence of 
18 
any person who's human rights are being violated or are in danger of violation and from 
19 
searching the victim or his belongings; 
20 
e) Injunction ordering respondent to refrain from committing any and all acts that would tend to 
21 
cause irreparable harm and have the immediate effect of rendering the investigation of the 
22' 
Commission moot and academic. 
23 
24 
SEC. 20. Scope oj Legal Measures. - The legal measures under Article XlII, Sec. 18 
25 
(3) of the Constitution that may be provided by the Commission shall include the following: 
26 
a) Mandatory protection orders (MPO's) directing government security forces, other government 
27 
agencies, or private institutions to provide specific protection to victims of human rights 
28 
violations; 
29 
b) Orders deputizing goverrunent offices and private institutions and organizations for the 
30 
purpose of providing protection; and 
31 
c) Orders deputizing government and private lawyers as counsels de officiO to ensure that the 
32 
human rights of the victim are not further violated; and 
33 
d) Any order the purpose of which is analogous to any of the foregoing. 
34 
35 
SEC. 21. Grant oj Immunity. - The Commission may grant immunity from prosecution 
36 
to any person whose ,possession and production of documents or other eviddnce may be 
37 
necessary to determine the truth in any hearing, inquiry or proceeding under sueh terms and 
38 
conditions as it may determine taking into account the pertinent provisions of the Rules of Court 
7 


1 
and its own rules. The immunity shaH only be granted after a determination of the relevance, 
2 
veracity and authenticity of the evidence sought to be presented by the Commission. The 
3 
immunity granted shall be revoked on account of evidence presented to be true but which is, in 
4 
fact, false and spurious and without which the Commission would not have granted immunity. 
5 
6 
SEC. 22. Preventive Suspension. - With the exception of Members of Congress, the 
7 
Judiciary, and impeachable officials, the Commission may preventively suspend any officer or 
8 
employee including but not limited to elective or appointive public officers or employees, 
9 
including Members of the Cabinet, local government, govemment-owned-or- controlled 
10 
corporations and their subsidiaries, pending an investigation, provided it determines that (a) the 
II 
evidence of guilt is strong; (b) the charges would warrant removal from the service; and (c) the 
12 
respondent's continued stay in office may prejudice the case filed against him! her. 
13 
The preventive suspension shall be immediately executory, unless restrained by the Court 
14 
of Appeals or the Supreme Court and shall continue until the case is tenninated by the 
15 
Commission; PrOVided, that said suspension shall not be more than sixty (60) days without pay, 
16 
except when the delay in the disposition of the case by the Commission is due to the fault, 
17 
negligence or petition of the respondent, in which case the period of such delay shall not be 
18 
counted in computing the period of suspension herein provided. 
19 
The respondent official or employee preventively suspended from office shall receive no 
20 
salary or compensation during such suspension. However, upon subsequent exoneration and 
21 
reinstatement, he shall be paid full salary or compensation including such emolum+nts, benefits 
22 
and privileges accruing during such suspension. 
23 
In the case of a suspended elective official, upon expiration of the period of preventive 
24 
suspension, he shall be deemed reinstated in office without prejudice to the continuation of the 
25 
proceedings against him which shall be terminated within one hundred twenty (120) days from 
26 
the date the official was formally notified of the case. 
27 
The respondent officer or employee shall be accorded full opportunity to appear and 
28 
defend himself in person or by counsel, to confront and cross-examine the witnesses against him, 
29 
and to require the attendance of witnesses and the production of documentary evidence in his 
30 
favour through the compulsory process of subpoena or subpoena duces tecum. 
31 
32 
SEC. 23. Referral to Disciplining Authority. - The Commission may endorse and! or 
33 
recommend to the proper authorities the filing of the appropriate sanction or disciplinary action 
34 
against a public officer or employee found guilty of committing violations of human rights and 
35 
recommend his removal, suspension, demotion, censure, imposition of fine, or prosecution and 
36 
to ensure compliance by requiring the officer concerned to report on his action within thirty (30) 
37 
days from receipt of the recommendation and or endorsement of the Commission. The failure of 
8 


I 
the appropriate authority to act or comply with said recommendation or endorsement shall 
2 
constitute a ground for an application of the issuance ofa writ of mandamus by the Commission. 
3 
For this purpose, every case on which the Commission has rendered a resolution or 
4 
recommendation adverse to a public official shall be transmitted to the head of the department, 
5 
agency or instrumentality, or of the province, city or municipality concerned for immediate 
6 
action, as may be necessary. 
7 
I 
8 
SEC. 24. Motu Proprio Dismissal. - The Commission may dismiss, motu proprio, a 
9 
complaint for the investigation of human rights violations on any of the following grounds: 
lOa) The complaint pertains to a matter outside of the jurisdiction of the Commission; 
11 
b) The complaint is trivial, frivolous, vexatious or made in bad faith; or 
12 
c) Other valid grounds as may be determined by the Commission. 
13 
14 
SEC. 25. Investigation by Regional Offices. - The proper regional office of the 
15 
Commission shall investigate complaints faIling within its territorial jurisdiction unless the 
16 
Commission en bane, in its discretion, takes direct cognizance of the same. Upon 
17 
recommendation of the regional office in investigations pending before it, the Commission en 
18 
bane may issue legal and preventive measures and preventive suspension orders which are 
19 
immediately executory. Within ten (10) days after concluding the investigation, the regional 
20 
office shall render the appropriate order, directive or resolution subject to appeal to the 
21 
Commission en banc pursuant to its rules. 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
C. Prosecution 
SEC. 26. Concurrent Limited Prosecutor/al Powers and Functions. - The Commission 
shall exercise concurrent prosecutorial powers and functions as herein 
provided. 
In the event of the failure of the Department of Justice or Office of the Ombudsman to 
initiate a preliminary investigation within twenty (20) days from its receipt of the case 
recommended for prosecution by the Commission, the inaction shall b~ considered as an 
automatic endorsement of the matter to the Commission without any further act or notice by the 
Department of Justice or Office of the Ombudsman for purposes of preliminary investigation. 
Thereafter, the Commission shall conduct the preliminary investigation and upon a finding of 
probable cause, issue a ~esolution for the filing of the appropriate information and pipsecution of 
For this purpose, the Commission shall have the power to deputize, government 
prosecutors or private lawyers to prosecute the criminal offence! s that have been the subject of 
its preliminary investigation. The prosecution shall remain under the Commission's direct control 
and supervision. 
This section shall apply only to the following cases: 
9 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
A.) When committed by State Actors - in cases where the offender is a public officer as 
defined under Article 203 of Republic Act No. 3815, otherwise known as the Revised Penal 
Code as amended, and acting in his capacity as such, or any person acting on behalf or under the 
immediate control of the State and its agents, and where the human rights violation constitutes a 
criminal offense under the Revised Penal Code and special laws, as foHows: 
a) Use of physical, psychological and degrading punishment, torture, force, violence, 
threats, and intimidation; 
b) Extra-judicial killings, summary executions, and "massacres" or mass killings; 
c) Violations of the right to be secure from unreasonable searches and seizures, including 
involuntary or enforced disappearances; 
d) Violations of the rights of persons arrested, detained, or under custodial investigation, 
including deprivation of the rights of political detainees; 
e) Violations of the right to a speedy, impartial and public trial or disposition of cases; 
f) Hamletting, forced evacuation or eviction, illegal demolition, development aggression 
and other violations of the right to travel and to freely choose one's abode and change the 
same; 
g) Violations o~ the right to peaceably assemble, free association, and tOI petition the 
government for redress of grievances; 
h) Violations I)f the right to worship and the free exercise of a religion; 
i) Violations of the right to privacy; 
j) Violations of civil and political rights of persons suspected, detained for, 
and/ or accused of the crime of terrorism or conspiracy to commit terrorism; and 
k) Political, religious, racial, ethnic, social or sexual persecution, oppression, or 
harassment committed with acts constituting offenses punished under the Revised Penal 
Code and special laws. 
B.) When Committed by Non-State Actors - Non-state actors are persons, other than public 
officers, belonging to and acting on behalf or under the immediate control of a juridical or non-
juridical person, whether legitimate or illegitimate, including but not limited to the following: 
a) Armed groups, bandits, warlords and private armies; 
b) Criminal organizations and groups; and 
c) Multi-national, foreign and domestic corporations, and other business entities. 
C.) When Committed Against Vulnerable Persons - in the investigation and prosecution of the 
following offenses as penalized under the Revised Penal Code and special laws when committed 
by any person against any member or group of vulnerable persons, as defined herein: 
a) Involuntary servitude constituting Crimes Against Personal Liberty and Security under the 
Revised Penal Code; 
10 


I 
b) Crimes penalized under Republic Act No. 7610, or the "Special Protection of Children 
2 
Against Abuse, Exploitation and Discrimination Act;" 
3 
c) Crimes penalized as Infanticide and Abortion under the Revised Penal Code; 
J 
4 
d) Crimes penalized under Republic Act No. 9262, or the "Anti-Violence Against Women and 
5 
Their Children Act of2004;" and 
6 
e) Crimes penalized under Republic Act No. 8371 or the "Indigenous Peoples Rights Act of 
7 
1997." 
8 
Vulnerable persons shall include children, the unborn, women, elderly, persons with 
9 
disabilities, migrant workers, indigenous peoples, and ethnic and religious minorities. 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
D. Monitoring 
SEC. 27. Monitoring Puwers and Functions. - In the exercise of its mandate to monitor 
the Government's compliance with its international human rights treaty obligations, the 
Commission shall have the following powers and functions: 
a) Require any department, bureau or office, subdivision, agency or instrumentality of the 
Government to submit compliance reports on international human rights treaty and to furnish the 
Commission copies thereof within thirty (30) days from submission to the United Nations and 
other international bodies; 
b) Conduct inquiries on the manner of implementation by the Philippine Government of specific 
hwnan rights treaty obligations; 
c) Summon any public official to explain on the measures undertaken by his or her agency in 
order to comply with the State's international treaty obligations on human rights; 
d) Enter and inspect the premises of any government agency or office, specifically police and 
military stations, installations, camps, bases, and training schools and access books, records, 
files, documents or papers located in the above-mentioned office and facilities; 
e) Study and reconnnend to the government international human rights treaties or instruments for 
its signature, ratification or accession; 
f) Make timely and re,gular submission of independent reports to international ~uman rights 
treaty bodies and other international human rights mechanisms; 
. , 
g) Advise and assist the government on clearly-identified gaps in human rights treaty 
h) Capacitate stakeholders to enable participation in monitoring hnman rights treaty compliance 
by the government; 
i) Delegate to its deputies, investigators or representatives, such authority or duty which shall 
ensure the effective exercise or performance of its monitoring functions; and 
j) Recommend and institutionalize best practices and incentives for human rights advocates and 
institutions. 
11 


I 
SEC. 28. Otlter Monitoring Functions. - The Commission shall likewise monitor 
2 
observance by non-state actors of human rights obligations arising from agreements entered into 
3 
with the government, as well as unilateral declarations and similar undertakings. 
4 
5 
SEC. 29. Annual Report. - The Commission shall prepare and make public an annual 
6 
report on the findings of its monitoring activities with regard to the state of the Government's 
7 
compliance with its international human rights treaty obligations. The report shall include, but 
8 
not be limited, to the following: 
9 
a) Identification of systematic patterns of human rights violations using documented cases; 
10 
b) Analysis of the factors which contribute to the commission of human rights violations; 
II 
c) Assessment of the legal mechanisms of existing institutions in providing adequate human 
12 
rights protection; 
13 
d) RecOimnendations for legal, legislative, and institutional refonns for the greater promotion 
14 
and protection of human rights; and 
I 
15 
e) Statistics and data indicating the nature of complaints received, the investigatioAs conducted 
16 
and findings made, and the actions taken by the government agencies concerned on the 
17 
Commission's recommendations. 
18 
19 
E. Education and Advocacy 
20 
SEC. 30. Education and Advocacy in Government. - The Commission shall 
21 
undertake a program of human rights promotion and advocacy through education and training to 
22 
promote and increase respect for the primacy and dignity of human life in all its stages and the 
23 
protection of human rights in coordination with the different agencies of the government. It shall 
24 
likewise administer a mandatory and continuing human rights education program for the 
25 
military, police and other law enforcement agencies, as well as public school teachers, and shall, 
26 
for this purpose, draw up the components of the program, accredit course and training providers, 
27 
and issue certificates of completion to those who have successfully completed the program. 
28 
29 
SEC. 31. Education and Advocacy in Civil Society. - The Commission shall also 
30 
undertake human rights education, advocacy, and information campaign programs among sectors 
31 
of civil society, particularly the vulnerable, marginalized and underprivileged groups. In 
32 
conducting this program, the Commission shall actively cooperate and coordinate with human 
33 
rights non-government organizations, lawyers' groups, the academe and people's organizations of 
34 
the concerned sectors of civil society. 
35 
36 
SEC. 32. Researclt. - The Commission shall undertake a continuing research and study 
37 
on select human rights issues for purposes of recommending policy reforms, as well as 
12 


1 
administrative and legislative measures that will also address economic, social and cultural 
2 
rights. 
3 
4 
SEC. 33. Coverage of Programs. - The Commission shall prescribe the scope and 
5 
coverage of education, advocacy, information and training programs on human rights, and which 
6 
will be provided for in the implementing rules and regulations of this Act. 
7 
8 
F. Other Powers and Functions 
9 
SEC. 34. Witness Protection Program. - The Commission shall strengthen its witness 
10 
protection program, including the provision of security, shelter, relocation and livelihood 
II 
assistance to witnesses and their families. 
12 
13 
SEC. 35. Financial Assistance Program. - The Commission shall enhance its financial 
14 
assistance program to victims of human rights violations and their families. 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
SEC. 36. Legal Assistance Program. - The Commission shall implement a legal 
assistance program to benefit victims of human rights violations in coordination with human 
rights organizations and lawyers' groups, the Integrated Bar of the Philippines and Philippine law 
schools. 
SEC. 37. Protection of Filipinos Abroad. - The Commission shall Undertake measures 
for the protection and promotion of human rights of Filipinos living abroad. It shall coordinate 
with Philippine Embassy or Consulate officers as well as private individuals of known probity 
and active involvement in human rights work, or foreign-based human rights and migrant 
workers' non-government organizations in countries where the incidence of Juman rights 
violations of Filipinos is widespread and commonplace, including traditional host' countries of 
Overseas Filipino Workers, for purposes of monitoring the status of human rights of Filipinos 
living abroad, establishing networks among Filipinos to promote protection of human rights, 
reporting cases of violations thereof, facilitating the remedial measures of victims and 
coordinating with respective agencies to provide counselling and financial aid. 
32 
SEC. 38. Creation of Ad Hoc Truth Commissions. - The Commission may recommend 
33 
the creation of an ad hoc Truth Commission on matters of transcendental importance, such as 
34 
widespread and systematic human rights violations occurring over prolonged periods of time, or 
35 
under extraordinarily-repressive conditions, or attended by a culture of impunity that is 
36 
instigated, inspired or orchestrated by public officials, in conspiracy with government security 
37 
forces or State-sponsored anned groups. 
38 
13 


I 
SEC. 39. Issuance of clearances. - The Commission shaH issue clearances to members 
2 
of the military, police and other law enforcement agencies prior to, and as requirement for, their 
3 
promotion or assumption of office. The Commission may also issue clearances for other 
4 
purposes such as training, education or study grants abroad upon proper request of the applicant. 
5 
The Commission shall make its own recommendations to the Commission on 
6 
Appointments prior to the confirmation of other officials other than those mentioned in the 
7 
preceding paragraph, who are being considered for promotion or appointment. This provision 
8 
shall also apply to other government officers with salary grade 27 or its equivalent and higher. 
9 
10 
SEC. 40. Appeals; Prohibition against II/junction. - Orders, decisions or fiAdings of the 
11 
Commission, inclUding determination of probable cause, shall be appealed to the Court of 
12 
Appeals on both questions of fact and law, or on certiorari to the Supreme Court on pure 
13 
questions of law. No restraining order or writ of injunction shall be issued against the 
14 
Commission in the performance of its powers and functions other than those issued by the Court 
15 
of Appeals or the Supreme Court. 
16 
17 
SEC. 41. Protection from Harassment Suits; Dismissal. -
The Chairperson, 
18 
Commissioners, officers and employees of the Commission shall be immune from civil or 
19 
criminal prosecution for acts perfonned in pursuance of their official functions for the duration 
20 
of their tenure. 
21 
22 
SEC. 42. Obstruction. - Any person who, after due hearing, is found to have wilfully 
23 
obstructed or hindered the proper exercise of the powers and functions of the Commission, or 
24 
who wilfully misleads or attempts to mislead the Chairperson, Commissioners and the duly 
25 
designated Commission officials and representatives shall be punished for obstruction of justice 
26 
by the Commission. In addition, he/she shall be penalized by a fine not exceeding Twenty Five 
27 
Thousand Pesos (P25,000.00), at the discretion of the Commission. 
28 
29 
30 
31 
32 
33 
34 
35 
36 
TITLE lli. ORGANIZATION AND STRUCTURE 
SI~C. 43. Commission as a Collegial Body. - The Commission composed of the 
Chairperson and four (4) Commissioners, as a collegial body, is responsible for the promulgation 
of policies, decisions, orders and resolutions necessary for the efficient administration of the 
Commission and for proper execution of its constitutional mandate. 
In the exercise of its powers and functions, the Commission shall sit and render its 
decision en bane. Every such decision, order or resolution of the Commission must bear the 
concurrence and signature of at least three (3) Members thereof. 
I 
14 


1 
The Commission shall meet regularly once a week, or as the Commission may direct, or 
2 
upon call by the Chairperson. A majority of the members, at least three (3), constitutes a quorum 
3 
needed in any en bane meeting of the Commission. 
4 
5 
SEC. 44. Tile Cllairperson as Executive Officer; Powers and Duties. The Chairperson 
6 
shall be the Chief Executive Officer of the Commission, and shall: 
7 
a) Execute and carry out the policies, decisions, orders and resolutions approved by the 
8 
Commission; 
9 
b) Direct and supervise the operations and internal administration of the Commission; 
10 
c) Sign appointments of subordinate officials and employees made by the Commission and 
11 
enforce decisions on administrative discipline involving them; 
12 
d) Make temporary assignments, rotate and transfer personnel in accordance with the provisions 
13 
of the Civil Service Law and the policies involving them; 
14 
e) Submit an annual budget to the Commission for its approval and submission to the 
15 
Department of Budget and Management and to the Congress of the Philippines; 
16 
f) Delegate his/her authority, in whole or in part, to other officials of the Commission in 
17 
accordance with Executive Order No. 292, otherwise known as the Administr-ative Code of 1987, 
18 
and rules and regulations of the Commission; and 
19 
g) Perform such other functions as may be authorized by the Commission. 
20 
21 
SEC. 45. Structural Organization. - The Commission shall have the fctUowing line 
22 
offices and operating units: 
23 
a) Office of the Chairperson; 
24 
b) Office of the Commissioners; 
25 
c) Office ofthe Executive Director; 
26 
d) Office of the Commission Secretary; 
27 
e) Legal Office; 
28 
f) Investigation Office; 
29 
g) Human Rights Instruments Compliance And Monitoring Office; 
30 
h) Education, Advocacy And Research Office; 
31 
i) Information System Management Office; 
32 
j) Assistance and Visitorial Office; 
33 
k) Forensic Office; 
34 
I) Planning And Management Office; 
35 
m) Financial Management Office; 
36 
n) General Administrative Office; 
37 
0) Sectoral Rights Offices; 
38 
p) Public Information Office; and 
15 


I 
q) Regional Offices. 
2 
All the above offices will be headed by an officer with a rank, salary and privileges 
3 
equivalent to a Director IV, except for the Executive Director and who shall have the rank, salary 
4 
and privileges of an Assistant Secretary. All centers will be headed by a Director III. 
Each 
5 
office may have such divisions as are necessary to carry out their respective functions. As an 
6 
independent constitutio~al office, the Commission may effect changes in the organfation as the 
7 
need arises. 
8 
All officers and employees of the Commission, unless otherwise provided herein, shall 
9 
receive emoluments and privileges that shall not be less than those given to comparable positions 
lOin any office in the government. 
11 
12 
SEC. 46. The Executive Director. - The Executive Director shall be responsible for 
13 
managing the day-to-day affairs, activities and operations of the Commission, in accordance with 
14 
its policies, standards, rules and regulations adopted and promulgated by the Commission. In 
15 
particular, the Executive Director shall: 
16 
a. Provide direct supervision, control, coordill ation and monitoring of all activities, functions 
17 
and operations of both the central and regional units of the Commissioner; 
J 8 
b. Recommend and / or implement administrative and management policies, rules and standard 
19 
operating procedures to be established by the Commission; 
20 
c. Recommend and initiate programs, projects and policies which promoted productivity, 
21 
efficiency and effectiveness in the Commission; 
22 
d. Coordinate with different CHR organization units m the information and reporting 
23 
requirement ofthe Commission; 
24 
e. Resolve operational issues in accordance with the levels of authority prescribed by the 
25 
Commission; 
26 
f Undertake appraisal on issues/problems and policy recommendations requiring decision! 
27 
action by the Commission; 
28 
g. Conduct necessary representation with different branches and agencies of the government on 
29 
vital issues/concerns involving the organization, operations and programs of the Commission and 
30 
h. Perform such other functions as may be assigned by the Commission En Banc. 
31 
32 
The Executive J?irector shall be appointed by the Commission and shall be ~ member of 
33 
the Philippine Bar with proven integrity and competence, and must have been involved in human 
34 
rights promotion and protection activities for seven (7) years. He/she shall have the rank, salary 
35 
and privileges of an Assistant Secretary. 
36 
SEC. 47. The Commission Secretary. - The Commission Secretary, who shall head the 
37 
Commission Secretariat, shall provide executive services to the Commission on its regular, 
38 
special and executive meetings, assistance on policy review and coordination, review and 
16 


1 
appraisal of the programs and other project undertakings of the Commission, including technical 
2 
support on the formulation of !,'Uidelines, directives, mandates and executive summaries and 
3 
reports. In addition, the Commission Secretary shall: 
4 
a. Prepare the agenda of meetings of the Commission En Bane and ensure complete recording of 
5 
proceedings; 
6 
b. Develop, recommend to the Commission En Bane, and implement an approved disclosure 
7 
policy for the Commission on Human Rights of the Philippines; 
8 
c. Formulate, propose and implement a central records management system for the Commission 
9 
En Bane, and act as the custodian of all records on human rights cases filed with the 
10 
Commission, including records on resolutions, rules, policies, regulations and other decisions, 
II 
proceedings of its meetings, and other pertinent records; 
12 
d. Design, propose and implement a central records management system and provide records 
13 
management orientation and assistance to the various offices of the Commission; 
14 
e. Prepare and issue directives to concerned offices, by authority of the Commission En Bane; 
15 
f. Represent the Commission En Bane in different technical working committees of the 
16 
Commission, as may be directed by it; 
17 
g. Respond to queries from the different central and regional offices on matters ~ertaining to 
18 
policies, rules and decisions, as authorized by the Commission En Bane; and 
19 
h. Perform such other related functions as may be assigned by the Commission En Bane. 
20 
21 
The Commission Secretary, who must be at least a degree holder of Bachelor of Laws 
22 
(L.L.B.) or Juris Doctor (JD), shall have the rank, salary and privileges ofa Director IV. 
23 
24 
SEC. 48. Duties and Functions of the Offices of the Commission. - The different 
25 
offices of the Commission provided in Section 47 of this Act shall operate in accordance with 
26 
their respective duties and functions assigned them by the Commission subject to mrequirements 
27 
of efficiency, economy and effectiveness, and pertinent budget and civil service laws, rules and 
28 
regulations. 
29 
30 
SEC. 49. Officers of the Commission. - All officers appointed by the Commission who 
31 
possess the rank or position above Division Chief level and officially per forms managerial and 
32 
executive functions, must be Career Executive Service (CES) eligible under the Career 
33 
Executive Service Board or has equivalent eligibility as the Commission may establish. 
34 
The Commission may propose additional qualification standards to be submitted for 
35 
approval to the Department of Budget and Management and for infonnation of the Civil Service 
36 
Commission. 
37 
17 


1 
2 
3 
4 
5 
SEC 50. Central Offices - The Commission shall establish Central Offices to effect its 
functional mandates of investigation, legal advocacy, visitoriaL education, rfsearch and 
compliance momtoring, and such other functions necessary for the effective and efficient 
performance of its duties. 
I 
6 
SEC. 51. Regional Offices. - The Commission shall have seventeen (17) regional offices, 
7 
as may be further established by law, with two regional offices for Region IV, including the 
8 
National Capital Region (NCR), the Caraga Administrative Region (CARAGA), Cordillera 
9 
Administrative Region (CAR) and the Autonomous Region of Muslim Mindanao (ARMM). 
10 
Each Regional Office shall be headed by a Regional Human Rights Director with a rank 
11 
and salary of Director IV, who must be a member of the Philippine Bar, assisted by an Assistant 
12 
Regional Human Rights Director, and such other subordinate officers or employees as the 
13 
Commission may appoint. The Assistant Regional Human Rights Director shall carry the rank 
14 
and receive the same salary and privileges of a Director III. 
15 
The Commission may delegate its powers and functions or order the implementation or 
16 
enforcement of its orders, rulings or decisions through the heads of its regional offices in 
17 
accordance with its rules and regulations to be promulgated by the Commission. 
18 
19 
SEC 52. Provincial Offices. - The Commission may establish such Provincial Offices as 
20 
may he necessary in the provinces falling under the administrative jurisdiction of the Regional 
21 
Office. The Provincial Office shall be headed by a Provincial Human Rights Officer and staffed 
22 
by such other officers or employees as the Commission may appoint. The Provincial Human 
23 
Rights Officer shall carry the rank and receive the same salary and privileges of a Division 
24 
Chief. 
25 
26 
SEC. 53. Sectoral Rights Offices. - The Commission shall establish offices and centers 
27 
to undertake promotion and protection of the rights of vulnerable sectors, to include but not be 
28 
limited to women and children, as the Commission may deem appropriate. 
29 
30 
SEC. 54. Joint Congressional Oversight Committee. - A Joint Congressional Oversight 
31 
Committee is hereby created, composed of the Chairman of the Senate Committee on Justice and 
32 
Human Rights and three (3) other Senators designated by the Senate President, and the Chairman 
33 
of the House Committee on Human Rights, and three (3) other Members of the House of 
34 
Representatives designated by the Speaker of the House of Representatives: Provided, That, of 
35 
the three (3) members to be designated by each House of Congress, two (2) should come from 
36 
the majority and the remaining Member from the minority. 
37 
The Joint Congressional Oversight COlmnittee shall have the power to monitor and 
38 
evaluate the implementation ofthis Act. 
18 


I 
2 
SEC. 55. Implementing Rules and Regulations. - The Commission shall, within sixty 
3 
(60) days from the approval of this Act, formulate the implementing rules and regulations in the 
4 
exercise of its general, investigative, prosecutorial, monitoring, education and advocacy powers 
5 
and functions together with the Department of Justice (DOn, Department of National Defense 
6 
(DND), Department of Interior and Local Government (DILG), Department of Social Welfare 
7 
and Development (DSWD), Armed Forces of the Philippine (APP), Philippine National Police 
8 
(PNP) and other concerned agencies of the Government. 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
SEC. 56. Operational Guidelines. - The Commission shall also formulate its operational 
guidelines which shall include, but not be limited to, the functions and duties of the Executive 
Director, the Commission Secretary and the heads of the line offices, the implementation and 
management of its Witness Protection, Financial Assistance and Legal Aid Programs, and such 
other matters as may be 'necessary for the implementation of this Act. 
I 
I 
SEC. 57. Franking Privilege. - All official mail matters and telegrams of the 
Commission addressed for delivery within the Philippines shall be received, transmitted and 
delivered free of charge; Provided, That such mail matters when addressed to private persons or 
non-government offices shall not exceed One Thousand and Twenty (1,020) grams. All mail 
matters and telegrams sent through government telegraph facilities containing complaints to the 
Commission on Human Rights shall be transmitted free of charge; Provided, That the telegram 
shall contain not more than One Hundred and Fifty (150) words. 
SEC. 58. Financial Report. - The Commission shall make available to the public its 
aunual financial statements, including but not limited to, expenditures and sources of funds. 
SEC. 59. Transitory Provision. - Nothing in this Act shall prejudice the positions, 
emoluments, security of tenure, qualifications, privileges and benefits of the incumbent 
Chairperson and Commissioners, officers and employees of the Commission upon its effectivity. 
However, officials and employees of the Commission, in aid of its reorganization upon the 
effectivity of this Act, may avail of an early retirement program as may be provided for by the 
Commission. 
34 
SEC. 60. Separability Clause. If any provision of this Act shall be held unconstitutional, 
35 
other provisions not affected thereby shall remain valid and binding. 
36 
19 


I 
SEC. 61. Repealing Clause. - All laws, republic acts, presidential decrees, letters of 
2 
instructions, executive orders, rules and regulations insofar as they are inconsistent with this Act 
3 
are hereby repealed or amended, as the case may be. 
4 
5 
SEC. 62. Effectivity Clause. - This Act shall take effect fifteen (15) days upon its 
6 
publication in at least two (2) newspapers of general circulation. 
Approved. 
20