NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
s.B. No. __ 594
Senate
72 JUL14 *18
received BY;..
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND 
PENALIZING THE ACTS OF ARBITRARY INTERNAL DISPLACEMENT
EXPLANATORY NOTE
There is none so tragic as to be a refugee in one's own country — forced to flee 
the comforts and familiarity of home, and constantly living under threat and vulnerability. 
That one remains within national borders provides no succor: the effects of forced 
relocation can be as traumatizing and as debilitating as being made to flee one's country. 
In fact, in some cases, internal displacement can be worse because, unlike in the situation 
of international refugees, the absence of a specific legal regime to govern Internally 
displaced persons (IDPs) hampers the efficient delivery of humanitarian efforts and quick 
government interventions.
This, despite the fact that internal displacement - referring to "the involuntary 
movement or forced evacuation or expulsion of any person or group of persons who flee 
or leave their homes or places of habitual residence, within the national borders, as a 
result of or in order to avoid or minimize the effects of armed conflict, situations of 
generalized and/oi organized violence, violations of human rights, implementation of 
development projects, natural, human-induced and human-made hazards"-are common 
occurrences in the Philippines. This is often brought about by long-standing insurgencies, 
and man-made calamities.
Involuntary displacement is a serious social problem that needs to be addressed 
as It results in loss of lives and properties, psychological trauma, family disintegration, 
disruption in education, loss of employment, anarchy, over-all vulnerability, and the like.
This bill, which aims to promote and protect the rights of internally displaced
1


persons (IDPs), fulfills the policy of the stste to promote the diynity of every person. IDPs 
should not be considered merely as "collateral damage" of armed conflict or other 
humanitarian emergencies.
This "Rights of Internally Displaced Persons Act" has the following main features:
a) It details all the rights and entitlements of IDPs.
b) It provides a mechanism where IDPs could be awarded damages for prohibited 
acts of arbitrary internal displacement.
c) It sets up a Joint Congressional Oversight Committee & inter-agency 
coordinating committee that would monitor compliance with this Act.
d) It establishes the Commission on Human Rights (CHR) as the institutional focal 
point for IDPs.
In view of the foregoing, the passage of this bill is earnestly sought.
RISA HONTIVEROS [7^ 
Senator


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
.f-itTsv
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■22 JUL 14 All :18
SENATE
S.B. No. 594
RECEIVED BV.
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND 
PENALIZING THE ACTS OF ARBITRARY INTERNAL DISPLACEMENT
Be It enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the "Rights of Internally 
Displaced Persons Act".
Sec. 2. Declaration of Principles and State Policies. - Consistent with the 
principles enshrined in the Constitution, the standards set by international humanitarian 
law and human rights laws, international treaties and conventions adhered to by the 
Philippines, including the United Nations' Guiding Principles on Internal Displacement
7 
(UNGPID), it is also hereby declared a State policy to adopt a rights-based approach for
8 
the promotion and protection of the rights of internally displaced persons in situations
9 
of armed conflict, generalized and/or organized violence, clan wars, violations of human
10 
rights, implementation of development projects, natural, human-induced and human-
11 
made hazards.
12 
In the event of armed conflict, the parties shall ensure the promotion and protection of
13 
the rights of the victims of armed conflict in accordance with international humanitarian
14 
law and international human rights laws.
15 
Sec. 3. Definition of Terms. - As used in this Act:
16 
(i) Apartheid refers to inhumane acts committed in the context of an
17 
institutionalized regime of systematic oppression and domination by one (1) racial
18 
group or groups and committed with the intention of maintaining that regime;
19 
(il) Arbitrary internal displacement refers to act of displacement or any other
20 
coercive act committed by any person or group/s of persons and directed against the
21 
civilian population, which are contrary to law, good morals, public order or public policy,
22 
or committed with abuse of authority, oppressive or wanton disregard of the right to
1


1 
life, liberty or property and abode of the residents of an area in which they are lawfully
2 
present, and characterized by those situations as defined in Section 6 of this Act;
3 
(iii) Clan war refers to any conflict that may arise between members of different
4 
indigenous groups, indigenous cultural communities or clans, or between and among
5 
members of the same indigenous group, cultural community or clan;
6 
(iv) Ethnic cleansing refers to the act of rendering an area ethnically homogenous by
7 
using force or intimidation to remove from a given area persons of another ethnic or
8 
religious group;
9 
(v) Generalized and/or organized violence refers to the purposeful and systematic
10 
use of terror and brutality to control individuals, groups and 3 communities, through the
11 
use of overwhelming force, and characterized by widespread, massive or sufficient
12 
intensity, causing arbitrary Internal displacement of persons or communities.
13 
Its methods include causing severe pain and suffering, killing, intimidating, threatening,
14 
and, in some cases, destroying a community, ethnic group or political opposition;
15 
(vi) Implementation of development projects refers to the carrying out of any
16 
undertaking or activity aimed at economic or political growth, advancement and
17 
expansion that results or may result to arbitrary internal displacement of persons:
18 
Provided, That the term does not include legitimate resettlement schemes and/or
19 
programs;
20 
(vii) Internal displacement refers to the involuntary movement or forced evacuation
21 
or expulsion of any person or group of persons who flee or leave their homes or places
22 
of habitual residence, within the national borders, as a result of or in order to avoid or
23 
minimize the effects of armed conflict, situations of generalized and/or organized
24 
violence, violations of human rights, implementation of development projects, natural,
25 
human-induced and human-made hazards;
26 
(viii) Internally displaced person or group of persons (IDP) refers to any person or
27 
group of persons who has or have been forced or obliged to flee or to leave their
28 
homes or places of habitual residence within the national borders, as a result of or In
29 
order to avoid or minimize the effects of armed conflict, situations of generalized and/or
30 
organized violence, violations of human rights. Implementation of development projects,
31 
natural, human-induced and human-made hazards; and
32 
(lx) Order of Battle refers to any document made by the military, police or any law
33 
enforcement agency of the government, listing the names of persons and organizations
34 
that are perceived to be enemies of the State and are considered as legitimate targets
35 
as combatants that it could deal with, through the use of means allowed by domestic
36 
and international law.


1 
Sec. 4. Scope. - This Act shall primarily provide for the protection of rights of
2 
I DPs during and after displacement, as well as their return, local integration or
3 
resettlement elsewhere. This Act shall likewise cover arbitrary internal displacement of
4 
civilians as a result of or in order to avoid the effects of armed conflict, situations of
5 
generalized and/or organized violence, violations of human rights, implementation of
6 
development projects, natural, human-induced and man-made hazards.
7 
To address the risks involved in natural 
hazards and the overall impact of climate
8 
change and global warming on the rights of those who are internally displaced, due
9 
reference shall be made to the pertinent provisions of Republic Act No. 9729, otherwise
10 
known as the “Climate Change Act of 2009“ and Republic Act No. 10121, otherwise
11 
known as the “Philippine Disaster Risk Reduction and Management Act of 2010".
12 
Sec. 5. Primary Duty to Protect the I DPs. - National authorities have the primary
13 
duty and responsibility to provide protection and humanitarian assistance to I DPs within
14 
their jurisdiction. As such. State authorities, including local government units (LGUs)
15 
and parties to an armed conflict, irrespective of their legal status and applied without
16 
any adverse distinction, shall respect and ensure compliance with their obligations
17 
under international law. Including human rights law and humanitarian law, so as to
18 
prevent and avoid conditions that might lead to arbitrary internal displacement of
19 
persons.
20 
Section 6. Prohibited Acts of Arbitrary Internal Displacement. - The prohibited acts of
21 
arbitrary internal displacement shall include those committed:
22 
(a) 
based on policies of apartheid, ethnic cleansing, or similar practices aimed at or
23 
resulting in altering the ethnic, religious or racial 
composition of the affected
24 
population;
25 
(b) In situations of armed conflict, unless the safety and security of civilians are
26 
involved or imperative military reasons so demand:
27 
(c) in cases of development projects, which are not justified by compelling and
28 
overriding public interest and with proper implementation of return, local integration or
29 
resettlement elsewhere of affected I DPs;
30 
(d) in cases of natural, human-induced and man-made hazards, unless the safety
31 
and health of those affected require their evacuation;
32 
(e) 
when used as a form of collective punishment:
33 
(f) 
in cases of clan wars, unless the safety and 
security of those civilians not
34 
involved in the conflict are endangered;
35 
(g) In violation of the rights of I DPs granted under Section 9, paragraphs (b) and (g)
36 
of this Act; and


1 
(h) in cases where there is malice, bad faith, gross negligence or in any manner
2 
causes willful violation of the rights granted under Section 9, paragraphs (a), (c), (d),
3 
(e) and (f) of this Act.
4 
An Order of Battle or any document of similar nature issued by the military or any law
5 
enforcement agency of the government shall not justify arbitrary internal displacement
6 
and shall subject the perpetrators to the penalties provided under Section 13 of this
7 
Act.
8 
Sec. 7. Safeguards Against Arbitrary Internal Displacement - If displacement is
9 
inevitable under circumstances beyond control that pose hazardous risks to the lives
10 
and properties of persons living in communities, displacement shall not be carried out in
11 
a manner that violates the rights to life, liberty, dignity, security, and property of those
12 
affected, irrespective of their legal status and applied without any adverse distinction.
13 
All concerned authorities, groups and persons shall observe the following safeguards
14 
against arbitrary internal displacement:
15 
(a) All feasible alternatives shall be explored in order to avoid displacement. Where no
16 
alternative exists, all measures shall be undertaken to minimize displacement and its
17 
adverse effects on the population that will be affected;
18 
(b) If displacement is inevitable, the authorities, pursuant to their respective mandates
19 
and functions, shall ensure, to the greatest practicable extent, that proper
20 
accommodation is effected in satisfactory conditions of safety, nutrition, water and
21 
sanitation, health and hygiene, and that members of the same family, especially women
22 
and children, are not separated;
23 
(c) Indigenous peoples, minorities, peasants, pastoralists, persons with disabilities
24 
(PWDs) and other groups with special dependency on and attachment to their lands
25 
shall be protected from arbitrary internal displacement, in accordance with Republic Act
26 
No. 8371, otherwise known as 'The Indigenous Peoples' Rights Act of 1997"; and
27 
(d) In situations other than during the emergency stages of armed conflicts and
28 
hazards, the following guarantees shall be complied with:
29 
(1) a specific decision which shall be taken by the authority empowered by law to order
30 
such measures;
31 
(2) full disclosure of information on the reasons and procedures for the displacement
32 
and, when applicable, also on financial assistance and relocation;
33 
(3) free and informed consent of those persons to be displaced shall be sought;
34 
(4) authorities concerned shall endeavor to involve those affected, particularly women,
35 
elderly persons and PWDs, in the planning and management of their return, local
36 
integration or resettlement elsewhere;


1 
(5) law enforcement measures, when required, shall be carried out by competent legal
2 
authorities: and
3 
(6) the right to an effective remedy, including the review of such decisions by
4 
appropriate judicial authorities, shall be respected.
5 
Sec. 8. Permanent Prohibition Against Arbitrary Internal Displacement. - The
6 
prohibition on arbitrary internal displacement and the fundamental safeguards for Its
7 
prevention shall not be suspended under any circumstance, including political instability,
8 
threat of war, state of war or other public emergencies.
9 
Sec. 9. Protection Against Criminal Offenses and Other Unlawful Acts. -
10 
(1) It shall be prohibited to commit any of the following acts against I DPs in all
11 
circumstances:
12 
(i) murder:
13 
(ii) hostage taking:
14 
(iii) summary or arbitrary execution and enforced disappearance, including abduction or
15 
unacknowledged detention, threatening or resulting in death: and
16 
(iv) unlawful confinement:
17 
(2) Attacks or other acts of violence against I DPs who do not or no longer participate in
18 
hostilities shall be prohibited in all circumstances, without prejudice to being held liable
19 
for any offense committed by them. In particular, I DPs shall be protected against:
20 
(i) direct or indiscriminate attacks or other acts of violence, including the creation of
21 
areas wherein attacks on civilians are permitted:
22 
(ii) starvation as a method of combat:
23 
(iii) their being used to shield military objectives from attack, or to shield, favor or
24 
impede the operations of the military, police or any armed group:
25 
(iv) attacks against any evacuation center, facility, encampment or other settlements:
26 
and
27 
(v) use of anti-personnel landmines:
28 
(3) I DPs, whether or not their liberty has been restricted, shall be protected in
29 
particular against:
30 
(i) rape and other outrages upon personal dignity, such as forced prostitution,
31 
trafficking of persons, any act of gender-specific violence, or any form of indecent
32 
assault:
33 
(ii) mutilation, torture, cruel, inhumane or degrading treatment or punishment:
34 
(iii) any form of violence against children, such as trafficking, forced labor or sexual
35 
exploitation and other violations of children's rights:


1 
(iv) slavery or any contemporary form of slavery, such as sale into marriage, sexual
2 
exploitation or forced labor of children; and
3 
(v) acts of violence intended to spread terror among I DPs.
4 
Threats and incitement to commit any of the foregoing acts under paragraph (b),
5 
subsections (1) and (3) herein shall be prohibited;
6 
(4) I DPs shall not be interned in or confined in any evacuation center, facility,
7 
encampment or other settlements. If, In exceptional circumstances, such internment or
8 
confinement is necessary. It shall not last longer than what is required by the
9 
circumstances, as may be determined by the Commission on Human Rights (CHR), in
10 
close coordination and consultations with the military and law enforcement agencies
11 
conducting operations, and other concerned agencies of the government; and
12 
(5) I DPs shall be protected against discriminatory practices of recruitment into the
13 
Armed Forces of the Philippines (AFP), law enforcement agencies or any armed group
14 
as a result of their displacement. In particular, any cruel, inhumane or degrading
15 
practice that compel compliance or punish noncompliance with recruitment shall be
16 
prohibited in all circumstances;
17 
Sec. 10. Rights During and After Dispiacement. - Pursuant to the provisions of
18 
the Bill of Rights under Article III of the Philippine Constitution, the following rights shall
19 
be afforded to I DPs during and after their displacement, without discrimination of any
20 
kind, such as those based on race, color, sex, language, religion or belief, political or
21 
other opinion, national, ethnic or social origin, legal or social status, age, disability,
22 
property, birth or on any other similar criteria:
23 
(a) Provision and Access to Basic Necessities. - At the minimum, regardless of the
24 
circumstances, and without discrimination, competent authorities shall provide I DPs
25 
with and ensure safe access to:
26 
(1) essential and adequate food and nutrition and potable water;
27 
(2) basic shelter and housing;
28 
(3) appropriate clothing; and
29 
(4) essential medical and dental services and sanitation, including psychological and
30 
social services and essential drugs and medicines;
31 
(b) Protection Against Criminal Offenses and Other Unlawful Acts. -
32 
(1) It shall be prohibited to commit any of the following acts against I DPs in all
33 
circumstances:
34 
(i) murder;
35 
(ii) hostage taking;


(iii) summary or arbitrary execution and enforced disappearance, including abduction or 
unacknowledged detention, threatening or resulting in death; and
(iv) unlawful confinement;
(2) Attacks or other acts of violence against I DPs who do not or no longer participate in 
hostilities shall be prohibited in all circumstances, without prejudice to being held liable
6 
for any offense committed by them. In particular, I DPs shall be protected against:
7 
(i) direct or indiscriminate attacks or other acts of violence, including the creation of
8 
areas wherein attacks on civilians are permitted;
9 
(ii) starvation as a method of combat;
10 
(iii) their being used to shield military objectives from attack, or to shield, favor or
11 
impede the operations of the military, police or any armed group;
12 
(iv) attacks against any evacuation center, facility, encampment or other settlements;
13 
and
14 
(v) use of anti-personnel landmines;
15 
(3) IDPs, whether or not their liberty has been restricted, shall be protected in
16 
particular against:
17 
(i) rape and other outrages upon personal dignity, such as forced prostitution.
18 
trafficking of persons, any act of gender-specific violence, or any form of indecent
19 
assault;
20 
(ii) mutilation, torture, cruel. Inhumane or degrading treatment or punishment;
21 
(ill) any form of violence against children, such as trafficking, forced labor or sexual
22 
exploitation and other violations of children's rights;
23 
(iv) slavery or any contemporary form of slavery, such as sale into marriage, sexual
24 
exploitation or forced labor of children; and
25 
(v) acts of violence intended to spread terror among IDPs.
26 
Threats and incitement to commit any of the foregoing acts under paragraph (b),
27 
subsections (1) and (3) herein shall be prohibited;
28 
(4) IDPs shall not be interned in or confined in any evacuation center, facility,
29 
encampment or other settlements. If, In exceptional circumstances, such internment or
30 
confinement is necessary, it shall not last longer than what is required by the
31 
circumstances, as may be determined by the Commission on Human Rights (CHR), in
32 
close coordination and consultations with the military and law enforcement agencies
33 
conducting operations, and other concerned agencies of the government; and
34 
(5) IDPs shall be protected against discriminatory practices of recruitment into the
35 
Armed Forces of the Philippines (AFP), law enforcement agencies or any armed group
36 
as a result of their displacement. In particular, any cruel, inhumane or degrading
7


► •
1 
practice that compel compliance or punish noncompliance with recruitment shall be
2 
prohibited in all circumstances;
3 
(c) Freedom of Movement. - (1) Every I DP has the right to liberty of movement and the
4 
right to move freely in and out of any evacuation center, encampment or other
5 
settlements, subject to its existing rules and regulations;
6 
(2) I DPs, whether or not they are living in an evacuation center, encampment or other
7 
settlements, shall not be discriminated against in the enjoyment of the following rights:
8 
(i) to enjoy freedom of thought, conscience, religion or belief, opinion and expression;
9 
(ii) to seek freely opportunities for employment and to participate in economic activities;
10 
(iii) to associate freely and participate equally in community affairs;
11 
(iv) to vote and participate in governmental and public affairs, including the right to
12 
have access to the means necessary to exercise these rights; and
13 
(v) to communicate in a language they understand;
14 
(3) I DPs have the right to:
15 
(i) seek safety in another part of the country;
16 
(ii) leave the country;
17 
(iii) seek asylum in another country; and
18 
(iv) be protected against forcible return to resettlement in any place where their lives,
19 
safety, liberty and/or health would be at risk;
20 
(d) Recognition, Issuance and Replacement of Documents. - The authorities concerned
21 
shall issue to the I DPs all documents necessary for the enjoyment and exercise of their
22 
legal rights. In particular, these authorities shall facilitate the issuance of new
23 
documents or the replacement of documents lost in the course of displacement, without
24 
imposing unreasonable conditions and without discrimination against men and women,
25 
who shall have equal rights to obtain and to be issued the same in their own names;
26 
(e) Family Unity and Missing Persons. - (1) Members of internally displaced families
27 
who wish to remain together shall be allowed to do so. Families that are separated by
28 
displacement and whose personal liberty have been restricted by internment or
29 
confinement in any evacuation center, facility, encampment or other settlements should
30 
be reunited immediately, with appropriate measures taken to expedite the reunion.
31 
particularly when children are involved;
32 
(2) The State shall encourage cooperation among international and local humanitarian
33 
organizations engaged in the task of family reunification;
34 
(3) The authorities concerned shall endeavor to establish the fate and whereabouts of
35 
I DPs reported missing and cooperate with relevant international organizations engaged


1 
in this task. They shall inform the next-of-kin on the progress of the investigation and
2 
notify them of any result;
3 
(4) The authorities concerned shall endeavor to collect and identify the mortal remains
4 
of the deceased, prevent their despoliation or mutilation and facilitate the return of
5 
those remains to the next-of-kin or dispose of them respectfully; and
6 
(5) Grave sites of I DPs shall be protected and respected In all circumstances and shall
7 
have the right of access to the grave sites of their deceased relatives;
8 
(f) Health and Education. - (1) Certain I DPs, such as children, especially
9 
unaccompanied minors, expectant mothers, mothers with young children, female heads
10 
of households, PWDs and elderly persons, shall be entitled to protection and assistance
11 
required by their condition and to treatment which takes into account their special
12 
needs;
13 
(2) All wounded and sick I DPs, as well as those with disabilities, shall receive to the
14 
fullest extent practicable and 
with the least possible delay the medical care and
15 
attention they require, without distinction on any ground other than the medical ones.
16 
When necessary, I DPs shall have access to psychological and social services and such
17 
other forms of assistance necessary for them;
18 
(3) Special attention shall be paid to the health needs of women, including access to
19 
comprehensive fem.ale health care services, to be provided whenever feasible by female
20 
health care providers, as well as appropriate counseling and other services for victims of
21 
sexual and other abuses;
22 
(4) Special attention shall also be given to the prevention of contagious and infectious
23 
diseases, including acquired immunodeficiency syndrome (AIDS), among I DPs; and
24 
(5) The authorities concerned shall ensure that I DPs, in particular, displaced children,
25 
receive education that shall be free and compulsory at the primary level. Special efforts
26 
shall be made to ensure the 
full and equal participation of women and girls in
27 
educational programs, and that respect for their cultural Identity, language and religion,
28 
educational and training facilities shall be made available to them as soon as
29 
circumstances permit; and
30 
(g) Property and Possessions. - The property and possessions of I DPs shall, in all
31 
circumstances, be protected against the following acts:
32 
(1) Pillage or looting;
33 
(2) Direct and indiscriminate attacks or other acts of violence;
34 
(3) Being used to shield military operations or objectives;
35 
(4) Being made the object of reprisal;
36 
(5) Being destroyed or appropriated as a form of collective punishment; and


1 
(6) Destruction, arbitrary and illegal appropriation, occupation or use.
2 
The rights and obligations herein shall not be interpreted as restricting, modifying or
3 
impairing the provisions of any international human rights or international humanitarian
4 
law or rights granted to persons under domestic law.
5 
Sec. 11. Assistance During Displacement of I DPs. - The primary duty and
6 
responsibility for providing humanitarian assistance to I DPs lie with national authorities,
7 
in close collaboration with the LCDs exercising territorial jurisdiction over the affected
8 
area/s. As such, the military and law enforcement agencies conducting operations, the
9 
Department of Social Welfare and Development (DSWD), the Department of Health
10 
(DOH), the local government hospitals, the LGUs concerned and other appropriate
11 
government agencies shall provide immediate relief and humanitarian assistance to
12 
IDPs, families and communities.
13 
Humanitarian assistance to IDPs shall not be diverted for any political or military
14 
reason. Ail authorities concerned shall grant and facilitate the free passage of
15 
humanitarian assistance to the internally displaced and ensure rapid, safe and
16 
unimpeded access of persons engaged in giving such assistance, their transport and
17 
supplies to the displaced communities. They shall not be the objects of attack or other
18 
acts of violence.
19 
All concerned authorities shall assist the IDPs in the recovery of their property and
20 
possessions, and shall provide or assist these persons in obtaining appropriate financial
21 
assistance or other forms of just reparation.
22 
Sec. 12. Return, Local Integration or Resettlement Elsewhere. - Competent
23 
authorities, such as the military and law enforcement agencies conducting operations,
24 
the DSWD, the DOH, the local government hospitals, the LGUs concerned and other
25 
appropriate government agencies, shall have the primary duty and responsibility to
26 
establish conditions and provide means for IDPs to return voluntarily, in safety and with
27 
dignity, to their homes or places of habitual residence, or to resettle voluntarily in
28 
places of refuge and/or in another part of the country, taking into consideration the
29 
right of IDPs to choose a residence.
30 
Said authorities, including the CHR, shall likewise ensure prior consultations and the full
31 
participation of IDPs during and after the planning and management of their return,
32 
local integration or resettlement elsewhere.
33 
Sec. 13. Mechanisms for International Humanitarian Assistance. - International
34 
humanitarian organizations, their local counterparts and other appropriate actors shall
35 
have the right to offer their services, including humanitarian assistance, in support of
36 
the internally displaced. These acts shall be considered done in good faith and not as
10


1 
unfriendly acts or interference in the internal affairs of the government. Consent thereto
2 
shall not be arbitrarily withheld, particularly when authorities concerned are unable or
3 
unwilling to provide the required humanitarian assistance.
4 
When providing assistance to I DPs, said organizations shall respect relevant domestic
5 
laws, international standards and codes of conduct. They shall give due regard to the
6 
protection of the needs and human rights of the I DPs.
7 
The importation and donation of food, clothing, medicine and equipment necessary for
8 
relief and assistance of I DPs are hereby authorized in accordance with Section 105 of
9 
the Tariff and Customs Code of the Philippines, as amended, as regards national
10 
internal revenue taxes and import duties of national and local government agencies,
11 
and the prevailing provisions of the General Appropriations Act (GAA).
12 
Sec. 14. Penalties. -
13 
(a) The penalty of reclusion temporal in its minimum to medium period shall be
14 
imposed upon any person or group of persons who commit the following:
15 
(1) Those who directly commit the act of arbitrary internal displacement:
16 
(2) Those who directly force, instigate, encourage, induce or incite others to commit the
17 
act of arbitrary internal displacement:
18 
(3) Those who cooperate in the act of arbitrary internal displacement by committing
19 
another act, without which the act of arbitrary internal displacement would not have
20 
been carried out:
21 
(4) Those who cooperated in the execution of the act of arbitrary internal displacement
22 
by previous or simultaneous acts:
23 
(5) Those commanding officers of the military, police or other law enforcement
24 
agencies or other authorities, for acts of arbitrary internal displacement committed by
25 
forces under their effective command and control, or effective authority and control as
26 
the case may be, as a result of their failure to exercise proper control over such forces,
27 
where the commanding officers or authorities knew or, owing to the circumstances at
28 
the time, should have known that the forces were committing or about to commit such
29 
crimes, and failed to take all necessary and reasonable means within their power to
30 
prevent or repress their commission, or to submit the matter to competent authorities
31 
for Investigation and prosecution: and
32 
(6) In case the acts of arbitrary internal displacement are committed by a corporation
33 
or a juridical entity, the members of the Board of Directors who were present In the
34 
meeting and who actually voted for the approval of the resolution or order directing the
35 
commission of arbitrary internal displacement, and the corporate officers or agents who
36 
carried out such resolution or order of the corporation shall each be criminally liable.
11


1 
(b) The penalty of prision mayor in its minimum period shall be imposed upon those
2 
who attempt to commit the offense of arbitrary internal displacement.
3 
(c) The penalty of prision mayor in its minimum period shall be imposed upon persons
4 
who, having knowledge of the act of arbitrary internal displacement and without having
5 
participated therein, either as principals or accomplices, took part subsequent to its
6 
commission by any of the following acts:
7 
(1) By themselves profiting from or assisting the offender to profit from the effects of
8 
the act of arbitrary internal displacement;
9 
(2) By concealing the act of arbitrary internal displacement and/or destroying the
10 
effects or instruments thereof, in order to prevent its discovery; and
11 
(3) By harboring, concealing or assisting in the escape of the principal/s in the act of
12 
arbitrary internal displacement.
13 
Sec. 15. Applicability of the Revised Pena! Code and Special Pena! Laws. - The
14 
provisions of the Revised Penal Code and other relevant special penal laws, insofar as
15 
they are applicable, shall be suppletory to this Act.
16 
Sec. 16. Nonprescription. - The crimes defined and penalized under this Act,
17 
their prosecution, and the execution of sentences imposed on their account, shall not
18 
be subject to any prescription.
19 
Sec. 17. Jurisdiction of the Courts. - The proper and competent civilian courts
20 
shall have jurisdiction over the offense of arbitrary internal displacement as defined and
21 
penalized in this Act.
22 
Sec. 18. Damages. - A court of competent jurisdiction shall determine the
23 
damages inflicted against I DPs and direct the persons responsible for arbitrary internal
24 
displacement to award monetary compensation under the following circumstances:
25 
(a) Where death of an individual victim occurs, the amount of one hundred thousand
26 
pesos (PlOO,000.00) shall be granted to the legal heirs of the victim as a death benefit;
27 
(b) Where physical, emotional and/or psychological injury is caused to an individual
28 
victim, actual and compensatory damages, including moral, nominal, exemplary and
29 
temperate damages resulting from such Injury, shall be paid to the victim. Upon a
30 
finding of such injury and distinct from the compensation for actual, compensatory,
31 
moral, nominal and/or temperate damages, such determination shall also include a
32 
referral to the DOH and the DSWD for appropriate interventions or services, to include
33 
psycho-social intervention and rehabilitation; and
34 
(c) Cases for damages filed under this Act shall be considered as an Independent civil
35 
action and summary in nature. The Supreme Court shall promulgate the necessary rules
36 
and regulations to govern the procedure for cases filed in this manner.
12


1 
Sec. 19. Civil Liabilities. - Any public officer or employee, or any private person,
2 
who directly or indirectly obstructs, defeats, violates or in any manner impedes or
3 
impairs any of the rights and liberties of another person enunciated in this Act shall be
4 
liable to the latter for damages.
5 
Sec. 20. Financial Assistance to IDPs. - Whenever human rights violations are
6 
caused to the IDPs as incidents or consequences of arbitrary internal displacement, the
7 
necessary financial assistance for their reparation, return, local Integration or
8 
resettlement elsewhere shall be provided.
9 
The CHR shall enhance Its existing financial assistance program to include financial
10 
assistance for the purpose of facilitating the reparation, return, local integration or
11 
resettlement elsewhere of IDPs: Provided, That in no case shall financial assistance
12 
exceed ten thousand pesos (PIO,000.00) per person.
13 
Receipt of such financial assistance shall be without prejudice to the amount of
14 
assistance granted under other government programs, such as the Victims'
15 
Compensation Program of the Department of Justice (DOj) by virtue of Republic Act
16 
No. 7309, the relief assistance to IDPs by the DSWD, the DOH, and other similar
17 
programs which may be made available to IDPs under existing laws, rules and
18 
regulations.
19 
Sec. 21. Nonmonetary Reparation. - The DOH, the DSWD, the Department of
20 
Education (DepED), the Commission on Higher Education (CHED), the Technical
21 
Education and Skills Development Authority (TESDA) and such other agencies shall
22 
render necessary services as nonmonetary reparation for IDPs and their families as may
23 
be determined, In coordination with the CHR, pursuant to the provisions of this Act.
24 
Sec. 22. Roie of the CHR. - The CHR shall be designated as the institutional focal
25 
point for IDPs. As such, the CHR shall have the following additional functions:
26 
(a) To monitor I DP conditions through the development of a system to track
27 
concerns, actions taken and other relevant information to ensure that I DP rights are
28 
respected, protected, and fulfilled in all phases of Internal displacement;
29 
(b) To conduct public inquiries, document violations of human rights, assist IDPs in
30 
seeking redress of grievances and work to ensure an effective response by the
31 
concerned authorities;
32 
(c) To investigate, on its own or on complaint by any party, all forms of human
33 
rights violations against IDPs involving civil and political rights. In accordance with
34 
Section 18(1) of Article XIII of the Constitution, and when found in the investigation
35 
that the filing of a case in court Is warranted, request the assistance of any department.
13


1 
bureau, office or agency, such as the National Prosecution Service of the DOJ or the
2 
Ombudsman, by virtue of Executive Order No. 163, series of 1987;
3 
(d) To render financial assistance at its sole discretion, as well as psycho-social
4 
interventions and similar services to I DPs, and to issue necessary guidelines to
5 
implement the same;
6 
(e) To recommend to the other agencies of government, taking into consideration
7 
their respective mandates and functions, the grant of assistance to IDPs, as may be
8 
appropriate:
9 
(f) To cite any person in contempt for violations of the orders issued by them in
10 
accordance with the Rules of Court;
11 
(g) To follow up on early warning and ensure effective measures to protect the
12 
civilian population against arbitrary internal displacement:
13 
(h) To advise the government on the rights of IDPs, formulate sound national policy
14 
and legislation and to facilitate discussions to effectively address situations of internal
15 
displacement:
16 
(I) To undertake educational activities and training programs for State authorities,
17 
including the AFP:
18 
(j) To hold public information drives on the protection and rights of IDPs, and foster
19 
their participation in the decision-making process regarding issues that concern them:
20 
and
21 
(k) To carry out such other acts that may be necessary to fully Implement the
22 
purposes of this Act.
23 
Sec. 23. Joint Congressional Oversight Committee. - A Joint Congressional
24 
Oversight Committee Is hereby created, composed of the Chairperson of the Senate
25 
Committee on Justice and Human Rights and seven (7) other Senators designated by
26 
the Senate President, and the Chairperson of the House Committee on Human Rights
27 
and seven (7) other Members of the House of Representatives, designated by the
28 
Speaker of the House of Representatives: Provided, That of the seven (7) Members to
29 
be designated by each House of Congress, four (4) shall represent the Majority and
30 
three (3) shall represent the Minority.
31 
The Joint Congressional Oversight Committee shall also have the power to inquire into,
32 
summon and investigate the Orders of Battle as defined under this Act, and/or any
33 
document of similar nature, as well as the legal and factual justifications for the
34 
inclusion of specific persons and groups in said Orders of Battle or similar documents.
35 
In this regard, the Joint Congressional Oversight Committee may issue mandatory
36 
process directing the transmission of all such documents relevant and necessary for the
14


1 
Committee to determine the validity of the inclusion of specific persons or groups in the
2 
Orders of Battle or similar documents. For this purpose, the highest ranking officers or
3 
heads of offices shall be charged with testifying before the Joint Congressional
4 
Oversight Committee in relation to any inquiries on the Orders of Battle or similar
5 
documents.
6 
The invocation of national security as a defense may not prevent the joint
7 
Congressional Oversight Committee from inquiring into the factual and/or legal bases
8 
for the existence of an Order of Battle, or any similar document, or the inclusion of
9 
specific persons or groups in said Orders of Battle or similar documents. Should there
10 
be a need to inquire into the factual basis for the invocation of national security, the
11 
Committee shall convene in an executive session and hear the officials invoking it.
12 
Should the basis not be satisfactory to the Committee, the public hearing/s will continue
13 
and appropriate recommendations shall thereafter be made by the Committee.
14 
Sec. 24. Monitoring of Compiiance. - An inter-agency coordinating committee
15 
shall be tasked to periodically monitor the compliance with this Act. The Committee
16 
shall be headed by the Chairperson of the CHR. Members of the group shall be
17 
composed of:
18 
(a) 
A representative, with the rank of Undersecretary, from the Department of Social
19 
Welfare and Development;
20 
(b) 
A representative, with the rank of Undersecretary, from the Department of
21 
National Defense (DND);
22 
(c) 
A representative, with the rank of Undersecretary, from the Department of the
23 
Interior and Local Government (DILG);
24 
(d) 
A representative, with the rank of Undersecretary, from the Department of
25 
Health;
26 
(e) 
A representative, with the rank of Undersecretary, from the Department of
27 
justice;
28 
(f) 
A representative from the Office of Civil Defense/National Disaster Risk Reduction
29 
and Management Council (NDRRMC);
30 
(g) 
A representative from the National Commission on Indigenous Peoples;
31 
(h) 
A representative of human rights nongovernmental organizations (NGOs) and
32 
other human rights groups, nominated by a selection board composed of human rights
33 
groups and NGOs;
34 
(i) 
The Chairperson of the Committee on justice and Human Rights of the Senate;
35 
(j) 
The Chairperson of the Committee on Human Rights of the House of
36 
Representatives; and
15


1 
(k) The Chairperson of the Committee on Justice of the House of Representatives.
2 
The Committee shall work towards the collection of data on the number and conditions
3 
of I DPs, leading to a registry that will aid the government in efficient planning and
4 
policy making regarding issues affecting I DPs.
5 
The Committee shall likewise prioritize the release of immediate financial assistance,
6 
allotted by its component agencies, to those affected by arbitrary internal displacement.
7 
The Committee shall submit an annual report to the Joint Congressional Oversight
8 
Committee herein created thirty (30) days after the end of each fiscal year. Such annual
9 
report shall be the basis for proposed amendments to existing legislation to improve the
10 
conditions of I DPs.
11 
Sec. 25. Appropriations. - The amount necessary for the initial implementation of
12 
this Act shall be charged against the current year's appropriations of the CHR, the
13 
DSWD, the DOH, the DND and the DILG. Thereafter, such sums as may be necessary
14 
for the continued implementation of this Act shall be included in the GAA.
15 
Sec. 26. Implementing Rules and Regulations. - Within sixty (60) days from the
16 
effectivity of this Act, the CHR shall issue the necessary rules and regulations for its
17 
implementation.
18 
In the formulation of the rules and regulations, the CHR shall take the lead and
19 
coordinate with the DSWD, the DND, the DILG, the DOH, the DOJ, the Department of
20 
Environment and Natural Resources (DENR), the AFP, the Philippine National Police
21 
(PNP), the Philippine Commission on Women (PCW), the Council for the Welfare of
22 
Children (CWC), the National Commission on Indigenous Peoples (NCIP), the National
23 
Commission on Disability Affairs (NCDA), the Presidential Commission on Urban Poor
24 
(PCUP), the Housing and Urban Development Coordinating Council (HUDCC), the
25 
NDRRMC, the National Housing Authority (NHA) and consult with the LGUs concerned,
26 
human rights nongovernmental organizations and people's organizations.
27 
Sec. 27. Separability Clause. - If any part or provision of this Act shall be
28 
declared unconstitutional or invalid, the other provisions hereof which are not affected
29 
thereby shall remain in full force and effect.
30 
Sec. 28. Repealing Clause. - All laws, decrees, executive orders, memorandum
31 
orders, memorandum circulars, administrative orders, ordinances or parts thereof which
32 
are inconsistent with the provisions of this Act are hereby deemed repealed or modified
33 
accordingly.
34 
Sec. 29. Effectivity. - This Act shall take effect fifteen (15) days after its
35 
publication in the Official Gazette or in a newspaper of national circulation.
Approved,
16