HOUSE *F REPRESENTATIVES

Republic of the Philippines EIVED
HOUSE OF REPRESENTAT ne i Gate
Quezon City, Metro Manila pare. © / Wl 2015
SEVENTEENTH CONGRESS ne
First Regular Session BY:

1305 =
HOUSE BILL NO. REGISTRATION UNIT

BILLS AND INDEX SERVICE

Introduced by HON. RENE L. RELAMPAGOS
First District, Bohol

EXPLANATORY NOTE

The Commission on Human Rights (CHR) is an independent office created under
Article XIII of the 1987 Constitution and it has been operationalized by Executive Order
No. 163 dated 05 May 1987.

CHR has been envisioned by the 1986 Constitutional Commission (ConCom) as a
quasi-judicial body with investigative and monitoring powers on all forms of human
rights violations involving civil and political rights of all Filipinos residing here and
abroad. It is also empowered to provide appropriate legal measures for the protection of
human rights of all, exercise visitorial powers over jails, prisons and detention facilities
and establish a continuing program of research and education to enhance respect for
human rights. It may recommend to Congress effective measures for human rights
promotion, as well as provide compensation for human rights violations victims, or their
families. It shall monitor compliance of the government with international treaty
obligations, grant immunity from prosecution for its witnesses, and perform such other
functions as may be provided by law.

On the other hand, Congress may provide for other cases of violations of human
rights that should fall within the authority of the Commission, taking into account its
recommendations.*

However, the CHR has been dubbed as the “toothless tiger” in view of the lack of
prosecutorial powers of the Commission, and its powers are clipped to being merely
recommendatory in nature. Thus, findings in criminal, civil or administrative culpability
of those accused in cases lodged in the Commission are not properly acted upon, but are
merely recommended to the courts or judicial bodies for appropriate legal action.

The public perception in the domestic level that has been generated by this
unfortunate situation of the CHR has caused an eroding confidence in its capability to
effectively discharge its mandates. As of 2012, the CHR has a backlog of around 12,000
cases that have not been properly disposed which may be attributed to a lot of factors,

such as its amorphous organizational structure, limited fiscal autonomy and limited
powers under the law.

* Section 18, Article XIII of the Constitution
* Section 19, Ibid.


The bill proposes to strengthen the Commission with the express grant of
residual prosecutorial powers, which finds basis in the 1986 ConCom deliberations. A
streamlined bureaucratic structure, functional fiscal autonomy, and a more
comprehensive rights-based approach to human rights that will now include social,
economic and cultural rights of individuals are thereby proposed in this bill. Cognizant
of the Paris principles governing National Human Rights Institutions (NHRIs),
international human rights treaties and conventions to which the Philippines is a State
Party, the bill ensures that the CHR is fully complaint of these obligations as an NHRI.

Wherefore, it is highly urged that this bill be immediately passed into law.

t
ro RELAMPAGOS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1303

Introduced by HON. RENE L. RELAMPAGOS,
First District, Bohol

AN ACT
STRENGTHENING 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:

SECTION 1.Title. - This Act shall be known as the “Commission on Human
Rights Charter.”

SEC. 2. State Policy on Human Rights. - The State values the dignity of every
human person and guarantees full respect for human rights. It shall give highest
priority to the enactment of measures that protect and enhance the right of all the
people to human dignity.

SEC. 3. Definition of Terms. ~ For purposes of this Act, human rights shall
include those found in Article ITT of the Constitution and those affirmed and recognized
by the State in the following international covenants: the Universal Declaration of
Human Rights (1948); the International Covenant on Civil and Political Rights (1976);
and the International Covenant on Economic, Social and Cultural Rights (1976), and all
other international instruments on human rights to which the Philippines is a signatory.

SEC. 4. The Commission as an Independent Office and as the National Human
Rights Institution of the Philippines. - The Commission on Human Rights, referred to
as the “Commission” in this Act, is an independent constitutional office. The State shall
ensure that the Commission shall operate in accordance with the Principles Relating to
the Status of National Institutions (“The Paris Principles”) and other United Nations’
Resolutions and Instruments pertaining to the effective functioning of national human
rights institutions.

SEC. 5. Fiscal Autonomy. ~ The Commission shall always enjoy full fiscal
autonomy equivalent to that of the Constitutional Commissions under Article IX of the
1987 Constitution. The approved annual appropriations of the Commission shall be
automatically and regularly released.

SEC. 6. The Commission, Composition and Qualifications. — The Commission
on Human Rights also known as the Commission from hereon, is a collegial body and


shall be composed of a Chairperson and four (4) Members 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, with proven integrity and competence:
(©) 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; and
(©) Must not have been candidates, including party list nominees, for any
elective position in any national or local elections, excluding barangay
elections, immediately preceding their appointment.

SEC. 7. Appointment and Term of Office. — The Chairperson and Members of
the Commission shall be appointed by the President for a term of seven (7) years
without reappointment. Of those first appointed under this Act, the Chairperson shall
hold office for seven (7) years, two (2) Members for five (5) years and the other two (2)
Members for three (3) years, all without reappointment; Further, in no case shall they
be appointed, re-appointed or designated in a temporary or acting capacity. Provided
however, that reappointment shall only be allowed if the Member has previously served
or will only serve an unexpired term,

‘The term of the new Chairperson and Members of the Cominission shalll start on
May 6 following the date of the vacancy regardless of the actual date of appointment.
Appointment to any vacaney occurring during the term shall be only for the remaining
portion of said term.

SEC. 8. Prohibition and Disqualification. ~ The Chairperson and Members of
the Commission shall not, during their tenure, hold any other office or employment.
Neither shall they engage in the practice of any profession or in the active management
or control of any business in any way may be affected by the functions of their office, nor
shall they be financially interested, directly or indirectly, in any contract with, or in any
franchise or privilege, granted by the Government and its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations or their
subsidiaries. They shall avoid conflict of interest in the conduct of their office. They shall
not be allowed to appear or practice before the Commission for one (1) year following
their cessation from office.

No spouse, common-law partner or relative by consanguinity or affinity within
the fourth civil degree and no law, business or professional partner or associate of the
Chairperson or Members of the Commission may appear as counsel or agent on any
matter pending before the Commission or transact business directly or indirectly
therewith. This disqualification shall apply during the tenure of the official concerned
and one (1) year thereafter.

SEC. 9. Disclosure of Relationship. ~ It shall be the duty of the Chairperson
and Members of the Commission to make under oath to the best of their knowledge and
information a public disclosure of the identities of, and their relationship with the
Persons referred to in the preceding section. The disclosure, which shall be in writing,
shall be filed with the Office of the Ombudsman before the appointee assumes office andi
every year thereafter. The disclosures made pursuant to this Section shall form part of
the public records and shall be made available and accessible to the public.


SEC. 10. Salary, Retirement and Other Privileges. - The Chairperson and the
Members of the Commission shall receive the same salary, privileges and benefits as the
Chairperson and Members of the Constitutional Commissions, and which shall not be
decreased during their term of office. Likewise, they shall receive the same retirement
benefits as those of the Constitutional Commissions as maybe provided by law.

In case of death of a retired Chairperson or Member of the Commission, the
surviving legitimate spouse of said deceased retiree or his/her legal heir/s, in
accordance with the New Civil Code in the case of unmarried Members of the
Commission, shall be entitled to receive on a monthly basis all the retirement benefits
that the said deceased retiree was receiving at the time of his/her demise under the
provisions of applicable retirements laws then in force. The said surviving legitimate
spouse or legal heir shall continue to receive such retirement during his/her lifetime or
until he/she remarries: Provided, that if the surviving legitimate spouse or legal heir is
receiving benefits under existing retirement laws, he/she shall only be entitled to the
difference between the amount provided for under this Act and the benefits he/she is
receiving.

SEC. 11. Removal from Office and Discipline, ~ The removal and discipline of
the Chairperson and Members of the Commission shall follow the grounds under the
laws governing the conduct of public officers such as, but not limited to, Executive Order
No. 292 or the “Administrative Code of 1987,” Republic Act 6713 or the “Code of
Conduct and Ethical Standards for Public Officials and Employees,” Republic Act No.
3019 or the “Anti-Graft and Corrupt Practices Act,” Republic Act No. 7877 or the “Anti-
Sexual Harassment Law” and such other similar laws.

Procedure for Discipline and/or removal from office shall likewise follow the
established rules under said laws.

SEC. 12. Immunity from Suit. — The Chairperson and Members of the
Commission shall be immune from legal action/s arising from the performance of
his/her duties. However, such immunity shall not cover acts done in abuse of official
authority and those done in bad faith.

SEC. 13. Nominations, Appoiniment and Pluralist Representation. — The
President shall choose and appoint from the broadest range of nominees that shall
ensure pluralist representation of all those involved in the promotion and protection of
human rights. Appointment shall be made not later than thirty (0) after the vacancy
has occurred.

Non-governmental organizations, civil society organizations, _ people's
organizations involved in human tights protection and promotion may submit their
nominees to the President.

The selection and appointments process shall be transparent and shall ensure
broad-based consultation with stakeholders.

SEC. 14. General Powers and Functions of the Commission. — The Commission
on Human Rights shall have the following general powers and functions:

a) _ Investigate, on its own or on complaint by any party, all forms of human
rights violations;


b)

°)

d)

8)
h)

i)

dD
Ls]

o)
p)

Adopt its operational guidelines and rules of procedure and cite for direct
and indirect contempt those in violation thereof or of its lawful orders in
accordance in the Rules of Court;

Provide appropriate legal and preventive measures for the protection of
human rights of all persons within the Philippines, as well as Filipinos
residing abroad;

Provide legal aid services to the underprivileged whose human rights have
been violated or need protection;

Exercise unhampered and unrestrained visitorial powers over jails, prisons,
or detention facilities;

Establish a continuing program of research, education and information to
enhance respect for the primacy of human rights;

Recommend to Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or their
families;

Monitor the Philippine government's compliance with international treaty
obligations on human rights;

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;

Request the assistance of an department, bureau, office or agency in the
performance of its functions;

Deputize government prosecutors or private lawyers, who shall be under the
direct control and supervision of the Commission, for the prosecution of
human rights cases under Section 22 hereof:

Establish working relationships with civil society organizations, non-
government organizations, and peoples organizations in the promotion and
protection of human rights;

Issue human rights orders and memorandum circulars directed to all
concerned agencies of government for their implementation and/or
appropriate action;
Ensure that the status, rights and interests of vulnerable, marginalized, and
disadvantaged sectors, such as but not limited to, children, women, elderly,
indigenous peoples, internally displaced persons, and persons with
disabilities, are upheld in accordance with the Constitution, laws and
international instruments on human rights;

Appoint its officers and employees in accordance with law; and

Perform such other duties and functions as may be provided by law.

SEC. 15. Investigative Powers and Functions. - The Commission shall exercise
primary and original jurisdiction to investigate, on complaint or motu proprio, cases of
human rights violations involving civil, political, economic, social and cultural rights. In
the exercise of its investigative function, the Commission shall have the following

powers:

a)

b)

Act promptly on reports or complaints filed in any form or manner by any
person; and upon finding of human rights violation, recommend
appropriate remedies. The recommendation may also include proposals for
legislative policy, administrative program and judicial reform.

Any investigation being conducted by the courts or any other body
shall not be a bar to the investigation of the Commission of human rights
violations;

Compel the attendance of witnesses and the production of evidence, to


8)
h)

place the witness under oath of affirmation, issue subpoenas and take
testimony in any investigation or inquiry;

Issue orders and directives constituting preventive and legal measures,
provided for under Sections 19 and 20, respectively;

Delegate to its deputies, investigators or representatives, such authority or
duty to ensure the effective exercise or performance of its investigative
functions;

Request and require the assistance and cooperation of any department,
bureau or office, subdivision, agency or instrumentality of the Government,
including government-owned or controlled corporations and local
governments;

Deputize lawyers or legal aid groups, medical organizations, as well as
government agencies and offices, to provide assistance in the exercise of its
investigative functions;

Make the results and findings of its investigations available and accessible
to the public; and

Cite and punish for direct or indirect in contempt any person for failure to
comply with any order or violation of the guidelines/rules of the
Commission issued in the exercise of its investigative function The Rules of
Court shall apply suppletorily to the Rules of Commission.

SEC. 16. Imprescriptibility of Human Rights Violations. - The investigation of
human rights violations shall not be subject to any statute of limitations or prescriptive

period.

SEC. 17. Scope of Preventive Measures. — The preventive measures under
Article XIII, Sec. 18 (3) of the Constitution that may be issued by the Commission in the
investigation of cases involving all forms of human rights violations shall include the

following:

(a)

(b)

(c)

(d)

(e)

Injunction orders directing any member of the government's military or
police forces, as well as public officials or employees, or any person acting
under their control and supervision, to desist from hiding, transferring or
torturing a detainee and to allow access to said detainee by the Commission,
his/her counsel, physician, and relatives;

Orders directing the government official or employee, or any person in
control of the premises of any government agency or office, specifically
police and military detention facilities, secret detention places, stations,
installations, camps, bases, and training schools, as well as private land and
property, to permit the inspection of said premises;

Order to transfer persons deprived of their liberty and in danger of reprisal
due to the filing of a complaint in connection with his/her detention, in
order to secure safety of his/her person;

Restraining orders, restricting respondent, his/her unit or command from
entering the immediate vicinity of the affected area or residence from
searching the victim or his belongings;

General writs of injunction ordering the respondent to refrain from
committing any and all acts that would tend to cause irreparable harm and
have the immediate effect of rendering the investigation of the Commission
moot and academic.



SEC. 18. Scope of Legal Measures. - The legal measures under Article XIII, Sec.
18 (3) of the Constitution that may be provided by the Commission shall include the
following:

(a) Mandatory protection orders directing government security forces, other
government agencies or private institutions to provide specific protection to
victims of human rights violations;

(b) Orders to deputize government offices and private institutions for the
purpose of providing protection; and

(c) Orders to deputize government and private lawyers as counsels de officio to
ensure that the human rights of the victim are not further violated.

SEC. 19. Grant of Immunity. - The Commission may grant immunity from
prosecution to any person whose testimony and/or possession and production of
documents or other evidence as may be necessary to determine the truth in any hearing,
inquiry or proceeding under such terms and conditions as it may determine taking into
account the pertinent provisions of the Rules of Court and its own rules by the
Commission. The immunity granted shall be revoked on account of evidence presented
to be true but which is, in fact, false and spurious, and without which the Commission
would not have granted immunity.

SEC. 20. Preventive Suspension. — With the exception of Members of Congress,
the Judiciary, and impeachable officials, the Commission may preventively suspend any
officer or employee including, but not limited to, elective or appointive public officers or
employees, pending an investigation, provided it determines that (a) the evidence of
guilt is strong; (b) the charges would warrant removal from the service; and (c) the
respondent’s continued stay in office may prejudice the conduct and result of the
investigation.

The preventive suspension shall not be more than ninety (90) days in case of
national officer or employee, and sixty (60) days for local officer or employee.

SEC. 21. Investigation by Regional Offices. — The regional office of the
Commission shall investigate complaints falling within its territorial jurisdiction unless
the Commission en bane, in its discretion, takes direct cognizance of the same. Upon
recommendation of the regional office in investigations pending before it, the
Commission en bane may issue legal and preventive measures and preventive
suspension orders which are immediately executor. Within ten (10) days after
concluding the investigation, the regional office shall render the appropriate order,
directive or resolution subject to appeal to the Commission en bane pursuant to its
rules.

SEC. 22. Residual Prosecutorial Powers and Functions. — The Commission all
exercise concurrent prosecutorial powers and functions as herein provided.

In the event of the failure of the prosecution agency of the government to
initiate a preliminary investigation within ninety (90) working days from its receipt of
the case recommended for prosecution by the Commission, the latter shall conduct the
preliminary investigation and upon a finding of a probable cause, refer the same to the
appropriate prosecution agency for the filling of the information and prosecution of the
case.

In case of failure of the prosecution agency to file the information within thirty
(0) calendar days upon receipt of the resolution of the Commission finding probable


cause, the latter shall exercise concurrent prosecutorial powers by filling the
information in court on its own prosecuting the case. For this purpose, the Commission
shall have the power to deputize government prosecutors or private lawyers who shall
be under its direct control and supervision.

This section shall apply 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 of
or under the immediate control of the State and its agents, and where the human rights
violation constitutes a criminal offense under Revised Penal Code and special Jaws, as
follows:

(a) Use of physical, psychological and degrading punishment, torture, force,

violence, threats, and intimidation;
(b) ra-judicial killings, summary executions, and “massacres” or mass

illings;

(c) Violations of the right to be secure from unreasonable searches and
seizures, including involuntary or enforced disappearances;

(d) Violations of the rights of person arrested, detained, or under custodial
investigation, including deprivation of the rights of political detainees;
(e)Violations of the right to speedy, impartial and public trial indisposition
of cases;

(© 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 of the right to peaceably assemble, free association, and to
petition the government for redress of grievances;

(h) Violations of the right to worship and the free exercise of a religion;

(i) Violations of the right to privacy;

G) Violations of civil and political rights of persons suspected of, accused of, or
detained for 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; and

() In general, any crime penalized under the Revised Penal Code or special
laws when committed within the context of a resulting to human rights
violation.

SEC. 23. When Committed by Non-State Actors. - The preceding section shall
also apply when the violation is committed by a 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.

SEC 24. When Committed Against Vulnerable Persons. — The concurrent
prosecutorial powers of the Commission shall likewise apply 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)
(b)
()
(d)

Involuntar
Security;
Crimes penalized under Republic Act No. 7610 or the “Special Protection of
Children Against Abuse, Exploitation and Discrimination Act”;

Crimes penalized under Republic Act No. 9262, or the “Anti-Violence
Against Women and their Children Act of 2004”; and

Crimes penalized under Republic Act No. 8371 or the “Indigenous Peoples
Rights Act of 1997”.

y servitude constituting Crimes Against Personal Liberty and

Vulnerable persons shall include those identified as such in international human
rights treaties, which include but shall not but limited to children, women, elderly,
persons with disabilities, migrant workers, indigenous peoples, and ethnic and religious

minorities.

SEC. 25. Monitoring Powers 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)

b)

(©)

(d)

()
©
(g)

(h)
@
10)

&)

Request any department, bureau or office, subdivision, agency or
instrumentality of the Government to submit timely compliance reports and
to furnish the Commission copies thereof within thirty (30) days from
submission to the United Nations and other international bodies;

Conduct inquiries on the manner of implementation by the Philippine
Government of specific human rights treaty obligations;

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;

Enter and inspect the premises of any government agency or office,
specifically police and military stations, installations, camps, bases, and
training schools without need of prior information;

Access of any books, record, file, document or paper located in the above-
mentioned offices and facilities;

Study and recommend to the government international human rights
treaties or instruments for its signature, ratification or accession;

Make timely and regular submission of independent reports to international
human rights treaty bodies and other international human rights
mechanisms;

Advise and assist the government on clearly identified - gaps in human
rights treaty compliance;

Capacitate stakeholders to enable participation in monitoring human rights
treaty compliance by the government;

Delegate to its deputies, investigators or representatives, such authority or
duty which shall ensure the effective exercise or performance of its
monitoring functions; and

Recommend and institutionalize best practices and incentives for human
rights advocates and institutions.

SEC. 26. Other Monitoring Functions. — The Commission shall likewise
monitor observance by non-state actors of human rights obligations arising from
agreements entered into with the government, as well as unilateral declarations and
similar undertakings.


SEC. 27. - Annual Report. - The Commission shall prepare and make public an
annual report on the findings of its monitoring activities with regard to the state of the
Government's compliance with its international human rights treaty obligations. The
report shall include, but not be limited, to the following:
(a) Identification of systematic patterns of human rights violations using
documented cases;
(b) Analysis of the factors which contribute to the commission of human rights
violations;
(c) Assessment of the legal mechanisms of existing institutions in providing
adequate human rights protection;
(d) Recommendations for legal, legislative, and institutional reforms for the
greater promotion and protection of human rights; and
(e) Statistics and data indicating the nature of complaints received, the
investigations conducted and findings made, and the actions taken by the
government agencies concerned on the Commission's recommendations.

SEC. 28. Education and Advocacy in Government. — The Commission shall
undertake a program of human rights promotion and advocacy through education and
training to enhance respect for the primacy of human rights in coordination with the
different agencies of the government. It shall likewise administer a mandatory and
continuing human rights education program for the military, police and other law
enforcement agencies, as well as public school teachers, and shall, for this purpose, draw
up the components of the program, accredit course and training providers, and issue
certificates of completion to those who have successfully completed the program.

SEC. 29. Human Rights Education, — The Commission shall also undertake
human rights education, advocacy, and information campaign programs among sectors
of civil society, particularly the vulnerable, marginalized and underprivileged groups. In
conducting this program, the Commission shall actively cooperate and coordinate with
human rights non-government organizations, lawyers’ groups, the academe and people’s
organizations of the concerned sectors of civil society.

SEC. 30. Research. — The Commission shall undertake a continuing research
and study on’select human rights issues for purposes of recommending policy reforms,
as well as administrative and legislative measures that will also address economic, social
and cultural rights.

SEC. 31. Coverage of Programs. ~ The Commission shall prescribe the scope
and coverage of education, advocacy, information and training programs on human
rights, and which will be provided for in the implementing rules and regulations of this
Act.

SEC. 32. Witness Protection Program. — In the conduct of its investigations,
the Commission shall implement and manage a witness protection program, including
the provision of security, shelter, relocation and livelihood assistance to witnesses and
their families.

SEC. 33. Financial Assistance Program. - The Commission shall strengthen
its financial assistance program to victims of human rights violations and their
families.


‘The initial funding of the Witness Protection and Financial Assistance Programs
shall be allocated for such purposes and shall be included thereafter in the annual
regular appropriations for the Commissions, and the same shall be automatically and
regularly released.

The funds necessary for the initial implementation of the Witness Protection and
Financial Assistance Programs shall be taken from the current year’s appropriation of
the Commission. Thereafter, the funding requirement shall be included in the annual
General Appropriations Act.

SEC. 34. Legal Assistance Program. ~ The Commission shall implement a legal
assistance prog4ram to benefit victims of human rights violations consisting of the
provision of legal services in coordination with human rights organizations and lawyers’
groups, the Integrated Bar of the Philippines and Philippine law schools with legal aid
programs.

Upon its discretion, the Commission may also provide allowances and incentives
to private lawyers or lawyers’ groups who would render their professional services on
behalf of the commission in any court proceeding involving the litigation of human
rights cases, subject to auditing rules and regulations.

SEC. 35. Protection of Filipinos Abroad. - The Commission shall undertake
measures for the protection and promotion of human rights of Filipinos living abroad. It
may assign organic personnel to act as Human Rights Attaches in Philippine Embassy or
consulates or deputize Philippine Embassy or Consulate officers, resident 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 human rights violations of Filipinos is widespread and
commonplace, including traditional host countries of Overseas Filipino Workers.

The assigned personnel acting as Human Rights Attaches or deputized
individuals of the Commission shall monitor the status of human rights of Filipino living
abroad and establish networks among Filipinos for purpose of monitoring and reporting
cases of human rights violations, as well as providing counseling and financial
assistance to victims. They shall immediately notify the concerned embassy official, of
incidents of human rights violations of Filipinos and provide immediate assistance to
victims.

SEC. 36. Creation of Ad Hoe Truth Commissions. ~ The Commission may
recommend the creation of an ad hoc Truth Commission on matters of transcendental
importance, such as widespread and systematic human rights violations occurring over
prolonged periods of time, or under extraordinarily-repressive conditions, or attended
by a culture of impunity that is instigated, inspired or orchestrated by public officials, in
conspiracy with government security forces or State-sponsored armed groups.

SEC. 37. Issuance of certifications. — The Commission shall issue certification
to members of the military, police and other law enforcement agencies prior to their
promotion or assumption of office. The Commission shall clearly indicate in its
certification if the applicant has a pending case with them and shall state the nature
and status of the case/s filed.

The Commission shall also make its own recommendations to the Commission
on Appointments prior to the confirmation of other officials other than those


mentioned in the preceding paragraph, who are being considered for promotion or
appointment.

This provision shall also apply to other government officers with salary grade
twenty seven (27) or its equivalent and higher.

It may also issue certifications for purposes trainings, local or foreign study
grants and education purposes, upon proper request made by the applicant.

SEC. 38. Appeals; Prohibition against Injunction. — Orders, decisions or
findings of the Commission, including determination of probable cause, shall be
appealed to the Court of Appeals on both questions of fact and law, or on certiorari to
the Supreme Court on pure questions of law. No writ of injunction the Commission in
the performance of its functions shall be issued other than those emanating from the
Court of Appeals or the Supreme Court.

SEC. 39. Protection from Harassment Suits; Dismissal. — ‘The Chairperson,
Members, officers and employees of the Commission shall be free from any
administrative, civil or criminal liability in the regular performance of their functions.
Personal legal actions brought against them shall be dismissed where it appears that the
same was filed for acts committed in the regular performance of said functions.

SEC. 40. Commission as a Collegial Body. - The Commission composed of the
Chairperson and four (4) Members, 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.

The Commission shall meet regularly once a week, or as the Commission may
direct, or upon call by the Chairperson. A majority of the members, at least three (3),
constitutes a quorum needed in any en banc meeting of the Commission.

SEC. 41. The Chairperson as Executive Officer. - The Chairperson shall be the
Chief Executive Officer of the Commission, and shall:

(a) Execute and carry out the policies, decisions, orders and resolutions
approved by the Commission;

(b) Direct and supervise the operations and internal administration of the
Commission;

(©) Sign appointments of subordinate officials and employees made by the
Commission and enforce decisions on administrative discipline involving
them;

(d) Make temporary assignments, rotate and transfer personnel in accordance
with the provisions of the Civil Service Law and the policies involving
them;

(©) Submit an annual budget to the Commission for its approval and
submission to the Department of Budget and Management and to the
Congress of the Philippines;

(Delegate his/her authority, in whole or in part, to other officials of the
Commission, in accordance with Executive Order No. 292, otherwise



known as the Administrative Code of 1987, and rules and regulations of
the Commission; and
(g) Perform such other functions as may be authorized by the Commission.

SEC. 42. Structural Organization. - The Commission shall have the following
line offices and operating units:

(a) Office of the Chairperson;

(b) Office of the Commissioners;

(c) Office of the Assistant Commissioner for Internal Administration

(d) Office of the Assistant Commissioner for Human Rights Protection;

(e) Office of the Assistant Commissioner for Human Rights Promotion and

Advocacy;

(®) Office of the Assistant Commissioner for Regional Operations;

(g) Office of the Executive Director;

(h) Office of the Commission Secretary;

G) Information System Management Office;

G) Planning And Management Office;

(i) Financial Management Office;

Q)_ General Administrative Office;

(m) Legal Office;

(n) Investigation Office;

(0) Assistance and Visitorial Office;

(p) Forensic Office;

(q)_ Security and Protection;

(x) Human Rights Instruments Compliance and Monitoring Office;

(s) Education, Advocacy And Research Office;

(t) Public Information Office;

(u) Sectoral Rights Offices; and

(v)_ Regional Offices.

With the exceptions of the Chairperson, Commissioners, Assistant
Commissioners and Executive Directors, all the above mentioned offices shall be headed
by an official with a rank, salary, privileges equivalent to a Director IV. The Sectoral
Rights Offices shall be headed by officials with the rank of Director III.

As an independent constitutional office, the Commission may effect changes in
the organization as the need arises: Provided, That said reorganization shall be funded
within the personal services appropriations of the Commissions.

The Public Information Office, which will be under the direct supervision of the
Chairperson of the Commission, shall assume the role of a media relation unit that will
disseminate all information to the general public including issuances of the
Commission, enable public access to general information pertaining to the Commission,
and encourage active participation in any office in the government.

All officers and employees of the Commission, unless otherwise provided herein,
shall receive emoluments and privileges that shall not be less than those given to
comparable positions in any office in the government,

SEC. 43. Assistant Commissioners. - There shall be four (4) Assistant
Commissioners as Head of the Different clusters: (1) Assistant Commissioner for
Internal Administration, which shall be comprised of Planning and Management Office,
Financial Management Office, General Administration Office.


SEC. 44. The Executive Director. — The Executive Director shall be responsible
for managing the day-to-day affairs, activities and operations of the Commission, in
accordance with its policies, standards, rules and regulations adopted and promulgated
by the Commission. In particular, the Executive Director shall:

(a) Provide direct supervision, control, coordination and monitoring of all
activities, functions and operations of both the central and regional units of
the Commission;

(b) Upon consultation with the Assistant Commissioner/s concerned,
recommend and or implement administrative and management policies,
rules and standard operating procedures to be established by the
Commission;

(©) Recommend and initiate programs, projects and policies which promote
productivity, efficiency and effectiveness in the Commission, with prior
consultation with the Assistant Commissioner’ concerned;

(@ Coordinate with the Assistant Commissioner/s concerned as well as
different CHR organization units in the information and reporting
requirement of the Commission;

(e) Resolve operational issues in accordance with the levels of authority
prescribed by the Commission;

(Undertake appraisal on issues/problems and policy recommendations
requiring decision/action by the Commission;

(g) Conduct necessary representation with different branches and agencies of
the government on vital issues/concerns involving the organization,
operations and programs of the Commission; and

(h) Perform such other functions as may be assigned by the Commi
Bane.

ion En

The Executive Director shall be appointed by the Commission and shall be a
member of the Philippine Bar with proven integrity and competence, and must have
been involved in human rights promotion and protection activities for seven (7) years.
He/she shall have the rank, salary and privileges of an Assistant Secretary

SEC. 45. The Commission Secretary. — The Commission Secretary, who shall
head the Commission Secretariat, shall provide executive services to the Commission on
its regular, special and executive meetings, assistance on policy review and
coordination, review and appraisal of the programs and other project undertakings of
the Commission, including technical support on the formulation of guidelines,
directives, mandates and executive summaries and reports. In addition, the
Commission Secretary shall:

(a) Prepare the agenda of meetings of the Commission En Banc and ensure

complete recording of proceedings;

(b) Develop, recommend to the Commission En Banc, and implement an
approved disclosure policy for the Commission on Human Rights of the
Philippines;

(©) Formulate, propose and implement a central records management system
for the Commission En Bane, and act as the custodian of all records on
human rights cases filed with the Commission, including records on
resolutions, rules, policies, regulations and other decisions, proceedings of
its meetings, and other pertinent records;

(d) Design, propose and implement a central records management system and
provide records management orientation and assistance to the various
offices of the Commission;



(©) Prepare and issue directives to concerned offices, by authority of the
Commission En Banc;

(8) Represent the Commission Zn Bane in different technical working
committees of the Commission, as may be directed by it;

(g) Respond to queries from the different central and regional offices on
matters pertaining to policies, rules and decisions, as authorized by the
Commission En Bane; and

(h) Perform such other related functions as may be assigned by the Commission
En Bane.

The Commission Secretary, who must be at least a degree holder of Bachelor of
Laws (LI.B.) or Juris Doctor (JD), shall have the rank, salary and privileges of a Director
IV.

SEC. 46. Duties and Functions of the Offices of the Commission. — The different
offices of the Commission provided in Section 46 of this Act shall operate in accordance
with their respective duties and functions assigned them by the Commission subject to
requirements of efficiency, economy and effectiveness, and pertinent budget and civil
service laws, rules and regulations.

SEC. 47. Officers of the Commission. — All officers appointed by the Commission
who possess the rank or position above Division Chief level and officially performs
managerial and executive functions, must be Career Executive Service (CES) eligible
under the Career Executive Service Board or has equivalent eligibility as the
Commission may establish.

The Commission may propose additional qualification standards to be submitted
for approval to the Department of Budget and Management and for information of the
Civil Service Commission.

SEC. 48. Regional Offices. — The Commission shall have seventeen (17)
regional offices, as may be further established by law, with two regional offices for
Region IV, including the National Capital Region (NCR), the Caraga Administrative
Region (CARAGA), Cordillera Administrative Region (CAR) and the Autonomous
Region of Muslim Mindanao (ARMM).

Each Regional Office shall be headed by a Regional Human Rights Director with
a rank and salary of Director IV, who must be a member of the Philippine Bar, assisted
by an Assistant Regional Human Rights Director, and such other subordinate officers or
employees as the Commission may appoint. ‘The Assistant Regional Human Rights
Director shall carry the rank and receive the same salary and privileges of a Director IIT.

The Commission may delegate its powers and functions or order the
implementation or enforcement of its orders, rulings or decisions through the heads of
its regional offices in accordance with its rules and regulations to be promulgated by the
Commission.

SEC. 49. Sectoral Rights Offices. — The Commission shall establish offices and
centers to undertake promotion and protection of the rights of vulnerable sectors, to
include but not be limited to women and children, as the Commission may deem
appropriate.


With the exception of the Barangays Human Rights Action Centers and the
Human Rights Resource Centers, the Child Rights Center, Women’s Human Rights
Center, and other sectoral rights offices shall be under the direct supervision and control
of the Commission en banc.

SEC. 50. Operational Guidelines. - The Commission shall formulate its
operational guidelines which shall include, but not be limited to, the functions and
duties of the Assistant Commissioners, 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.

SEC. 51. 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 Hundred and Twenty
(120) 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 not contain more than One
Hundred and Fifty (150) words.

SEC. 52. Financial Report. — The Commission shall make available to the public
its annual financial statements, including but not limited to, expenditures and sources
of funds.

SEC. 53. Appropriations. — In addition to the regular appropriations of the
Commission, the sum of Three Hundred Million Pesos (P300,000,000.00) for the
initial implementation of this Act shall be included in the Annual General
Appropriations Act in the year following its enactment into law.

Thereafter, such sums as may be necessary for the full implementation of this Act
shall be included in the annual General Appropriations Act.

SEC. 54. Transitory Provision. - Nothing in this Act shall prejudice the
Positions, emoluments, security of tenure and privileges of the incumbent Chairperson
and Commissioners, officers and employees of the Commission upon its effectivity.
However, officials and employees of the Commission, may avail of an early retirement
program as may be provided for by the Commission upon the effectivity of this Act.

SEC. 55. Implementing Rules and Regulations. - The Commission shall, within
sixty (60) days from approval of this Act, formulate the implementing rules and
regulations in the exercise of its general, investigative, prosecutorial, monitoring,
education and advocacy powers and functions in consultation with other concerned
agencies of the Government.

SEC. 56. Separability Clause. ~ If any provision of this Act shall be held
unconstitutional, other provisions not affected thereby shall remain valid and binding,

SEC. 57. Repealing Clause. ~ All laws, republic acts, presidential decrees,
letters of instructions, executive orders, rules and regulations insofar as they are
inconsistent with this Act are hereby repealed or amended, as the case may be.


SEC. 58. Effectivity Clause. — This Act shall take effect fifteen (15) days upon
its publication in at least two (2) newspapers of general circulation.

Approved.