ENTATIVES

REPUBLIC OF THE PHILIPPINH
HOUSE OF REPRESENTATIVHS
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
15i2
House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

Expla

tory Note

‘The 1987 Constitution envisaged the Commission on Human Rights (CHR) to exist as an
"independent office", This is indeed necessary if the CHR is to ensure that the State performs

its duty to respect, protect and uphold the rights of our people.

However, the CHR is usually unable to address the protection of human rights due to its
failure to prosecute reported cases of human rights violations. This can be attributed to the
fact that it is tied up by existing law which provides the CHR only investigative and advocacy

powers.

Recognizing the need for an effective and speedy resolution of all human rights cases filed
with the CHR, this bill seeks to strengthen the Commission by providing an effective and
expanded structural and functional organization to meet the demands of human rights cases
here and abroad. It is hoped that the Commission will be able to efficiently respond to the
victims of human rights violations and the general public through providing it with

prosecutorial powers over delineated forms of human rights violations.

In view of the foregoing, immediate approval of this measure is earnestly sought.



eC oevaunae

10
1
12
13
14
15
16

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 1512

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
TO STRENGTHEN 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 I. Title. - This Act shall be known as “Commission on Human

Rights Charters

SECTION 2. State Policy. - 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

SECTION 3. Definition of Terms.—For purposes of this Act, “human
rights" shall include those found in Article III and Article XIII, Sections 1 to 16
of the 1987 Philippine Constitution and those affirmed and recognized by the
State in the International Bill of Rights; the Universal Declaration of Human
Rights (1948), the International Covenant on Civil and Political Rights (1976), 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.


wav auws

10
11
12
123
14
15
16
wv
18
19
20
21
22
23
24
25
26
27
28
29
30
a1
32
33
34

LE ONE: THE COMMISSION ON HUMAN RIGHTS,
CHAPTER I. NATURE OF THE COMMISSION

SECTION 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 institution

SECTION 5. Fiscal Autonomy.—The Commission shall enjoy full fiscal
autonomy equivalent to that of the Constitutional Commissions under Article 1X
of the 1987 Philippine Constitution. The annual budget appropriations of the
Commission shall not be decreased from the previous years and shall be

automatically and regularly released

CHAPTER II. THE CHAIRPERSON AND MEMBERS

ECTION 6. The Commission, Composition and Qualifications. —The
Commission is a collegial body and shall be composed of a Chairperson and four
(4) Members who shall possess the following qualifications
a) Must be a natural-born citizen of the Philippines:
(b) Must be at least thirty-five (35) years of age at the time to appointment;
(c) Must be with proven probity, integrity and competence;
d) Must have deep and comprehensive understanding and knowledge of, as
well as practical experience on, human rights protection, promotion and
advocacy,
(c) Must not have been candidate, including as party-list nominee, for any
elective position in any national or local election immediately preceding
appointment;
() Majority of whom must be members of the Philippine Bar who have
been engaged in the practice of law for at least ten (10) years; and

(g) Composition must observe equal gender representation


10
ee
2
13
14
15
16
v7
18
19
20
21
22
23
24
25
26
7
28
29
30
31
32
33
34

ECTION 7. Appointment, Assumption and Term of Office —Vhe
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 oilier two (2) Members for three (3) years, all

without reappointment. In no case shall they be appointed, re-appointed or
designated in a temporary or acting capacity

Any person appointed as Chairperson or Member of the Commission shall
not assume office until all government regulations and requirements on
appointment are fully complied with

The term of the new Chairperson and Members of the Commission shall
start on May 6 following the date of the vacancy regardless of the actual date of
appointment: Provided, That the salary, retirement, benefits and other privileges
mentioned under Section 10 of this Act shall only commence upon actual
assumption to office. Appointment to any vacancy occurring during the term shall

only be for the remaining portion of said term

SECTION 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 private practice of any profession
or in due active management or control of any business which, in any way, may
affect 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 functions. They shall not be
allowed to appear or practice their profession before the Commission for one (1)
year following their cessation from office.

No spouse, common-law partner or relative by consanguinity or affinity
within tire 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.


we wne

wane

10
1
12
13
14
15
16
7
18
19
20
2a
22
23
24
25
26
27
28
29
30
31
32
33

SECTION 9. Disclosure of Relationship.—\t 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, persons referred to the preceding Section, The disclosure, which
shall be in writing, shall be filed with the Office of the Ombudsman before the
appointee assumes office and every year thereafter. The disclosure made pursuant
to this Section shall form part of public records and shall be made available and

accessible to the public

SECTION 10. Salary, Retirement Benefits, and Other Privileges of the
Chairperson and Members.—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, which shall not be
decreased during their term of office. Likewise, they shall receive the same
retirement benefits as those of the Constitutional Commissions.

In case of death of a retired Chairperson or Member of the Commission,
the surviving legitimate spouse shall be entitled to receive, on a monthly basis, all
the retirement benefits that the said deceased retiree was receiving at the time of
demise under the provisions of applicable retirement laws. In case of unmarried
retirees, the legal heirs shall be those recognized under Republic Act No. 386
otherwise known as the (Civil Code of the Philippines. The said surviving
legitimate spouse or legal heir shall continue to receive such retirement benefits
until he/she remarries or during his/her lifetime, respectively; 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.

SECTION I1. Removal from Office. —The Chairperson and Members of
the Commission may be removed from office on any of the following grounds:

(a) Disloyalty to the Republic of the Philippines;

(b) Culpable violation of the Constitution;

(c) Bribery, graft and corruption, other high crimes, or betrayal of public

trust;


owe wn

eon

10
say
12
13
14
15
16
wv
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

(d) Dishonesty, misconduct in office, gross negligence, or dereliction of
duty

(e) Commission of any offense involving moral turpitude or an offense

punishable by imprisonment of more than six (6) years; and

(£) Abuse of authority-

The proceedings for removal shall be initiated by filing a verified
complaint with the Office of the Ombudsman stating the grounds therefor and
alleging the ultimate facts upon which the complaint is based. No such
proceedings shall be initiated against the Chairperson or the same Member of the

Commi!

n within a period of one (1) year

The Office of the Ombudsman shall act on the complaint and conduct the
necessary investigation and hearing. Thereafter, the Office of the Ombudsman
shall dismiss tire complaint or declare the removal from office of the Chairperson
or Member of the Commission within one hundred twenty (120) days from the
date of filing of tire complaint

In deciding upon a complaint for removal from office, the Office of the
Ombudsman shall not impose any lesser penalty or disciplinary action such as

suspension, censure, or reprimand other than removal from office

CHAPTER IIL NOMINATION OF CHAIRPERSON AND MEMBERS

SECTION 12. Nominations, Appointment and Pluralist Representation,

-The President shall choose and appoint the Chairperson and Members of the

Commission 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 (30) days after a vacancy
has occurred

Non-governmental organizations, civil society organizations, people’s
organizations involved in human rights protection and promotion may submit their
nominees to the President

The nomination, selection and appointment process shall be transparent

and shall ensure broad- based consultation with stakeholders.


1 TITLE TWO: GENERAL POWERS AND FUNCTIONS

3 SECTION 13. General Powers and Functions of the Commission.—The
4 Commission on Human Rights shall have the following general powers and
5 functions:

6 (a) Investigate, on its own or on complaint by any party, all forms of
7 human rights violations,

8 (b) Adopt its operational guidelines and rules of procedure, and cite for
9 direct and indirect contempt those in violation thereof or of its lawful
10 orders in accordance with the Rules of Court;

u (c)Provide appropriate legal and preventive measures for the protection of
2 human rights of all persons within the Philippines, as well as Filipinos
B residing abroad

4 (d) Provide legal aid services to the underprivileged whose human rights
15 have been violated or are in need of protection;

16 (e) Exercise, regular, independent, unhampered, unannounced and
v7 unrestricted visitorial powers over jails, prisons, camps, detention
18 facilities, safe houses and similar premises;

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

2 (g) Recommend to the Congress of the Philippines effective measures to
2 promote human rights and to provide for compensation to victims of
23 violations of human rights, or their families;

24 (h) Monitor the Government's compliance with international treaty
25 obligations on human rights;

26 (i) Grant immunity from prosecution to any person whose testimony or
7 possession of documents or other evidence is necessary to determine the
28 truth in any investigation or prosecution conducted by it or under its
29 authority;

30 (j) Request the assistance of any department, bureau, office or agency in
31 the performance of its functions;

32 (k) Issue human rights orders, memorandum circulars, and advisories
33 directed to all concerned agencies of government for their implementation
34 and/or appropriate action;


ewvanw

10
u
2
13
4
15
16
a7
18
19
20
21
22
23
24
25
26
27
28
29
30
31

32

(I) Establish working relation

hips with civil society organizations, non-
government organizations, and people’s organizations in the promotion
and protection of human rights;

(m) Cooperate with the United Nations, other international and regional
organizations, as well as national human rights institutions of other
countries for the protection and promotion of human rights,

(n) 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, persons with
disabilities, and persons deprived of liberty, are upheld in accordance with
the Constitution, laws and international instruments on human rights; and
(0) Appoint its officers and employees as well as approve the position
structure, staffing pattern, and effect changes in its organizational

structure, as necessary, in accordance with law

CHAPTER I. PROTECTION POWERS
A, INVESTIGATION

SECTION 14. Investigative Powers and Functions.—The Commission
shall exercise primary and original jurisdiction to investigate, on complaint or on
its own, cases of human rights violations involving civil, political, economic,
social and cultural rights

In the exercise of its investigative powers, the Commission shall

(a) Act promptly on reports or complaints, filed in any form, by any person
or organization. Upon finding of human rights violation, the Commission shall
recommend appropriate remedies to include referral to proper government
agencies for the filing of administrative, criminal or civil actions. The
recommendation may also involve proposals for legislative, administrative, and

judicial reforms


Younes

10
11
12
3
14
15
16
7
18
19
20
a
22
23
24
25
26
27
28
29
30
31
32
33
34

The investigation and other proceedings conducted by any administrative,
judicial, or quasi- judicial bodies shall not the investigation of the Commission of

human rights violations
Orders, decisions or resolutions of the Commission may be appealed to the
Court of Appeals on both questions of fact and law, or on certiorari to the

Supreme Court of questions of law.

the

No restraining order or writ of injunction shall be issued agai
Commission in the performance of its powers and functions, except by the Court

of Appeals of the Supreme Court

(b) In addition to its power to investigate ail violations of human rights as
defined in Section 3 of this Act, the Commission shall also have the power to
investigate human rights and international humanitarian law violations, as
provided in pertinent, laws, including, but not limited to the provisions of the

following,

1) Custodial Rights of the Accused (Republic Act No, 7438);
(2) Anti-Child Abuse Law (Republic Act No. 7610);

(3) Anti-Violence Against Women and Their Children (Republic Act No.
9262);

(4) Juvenile justice Law (Republic Act No. 9344);

(5) Magna Carla of Women (Republic Act No. 9710);

(6) Anti-Torture Law (Republic Act. No. 9745);

(7) And-Child Pornography Law (Republic Act No. 9775);

(8) Philippine Act on Crimes Against International Humanitarian Law,

Genocide and Other Crimes Against Humanity (Republic Act No. 9851);

(9) Anti

znforced or Involuntary Disappearance I-aw (Republic Act No.
10353);

(10) Human Rights Violations Victims Reparation and Recognition Act of
2013 (Republic Act No. 10368); and

(11) Such other related laws as may hereafter be enacted.


we wne

way o

10
un
12
13
14
1s
16
7
18
19
20
a
22
23
24
25
26
27
28
29
30
31
32
33
34

(c) Compel the attendance of witnesses and the production of evidence,
documents and other data, administer oaths, issue subpoenas and take testimony

in any investigation or inquiry

(d) Issue orders and directives constituting preventive and legal measures.
as provided in Section 21 of this Act

(e) Ensure tire protection and full cooperation of witnesses and vital
resource persons in the investigation of human rights and_ international
humanitarian law violations being conducted by the Commission

(8) Request or 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

(g) Make the results and findings of its investigations available and
accessible to the public, subject to the guidelines as may hereafter be provided

(h) Cite in contempt any person for violation of the guidelines and
procedures of the Commission or for failure to comply with any order issued in
the exercise of its investigative function

(j) Monitor status of implementation and action taken on recommended
remedies for human rights violations as referred and/or filed with appropriate
agencies, courts or any other body

k) Perform such other powers as may be necessary or incidental for the
effective exercise or conduct of its investigative powers

SECTION 15. Imprescriptibility of Human Rights Violations.—The

ation of human rights violations shall not prescribe.

SECTION 16. Preventive Suspension.—With the exception of Members
of Congress, the Judiciary, and impeachable officials, the Commission may
preventively suspend, pending an investigation, any officer or employee
including, but not limited to, elective to appointive public officers or employees:
Provided, That at the Commission determines that 1) the evidence of guilt is

strong, 2) the charges would warrant removal from the service, and 3) the officer

or employee’s continued stay in office would prejudice the conduct and result of

the investigation


10
chy
12
13
14
15
16
7
18
19
20
a
22
23
24
25
26
27
28
29
30
a1
32
33
34

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

employee

B.WITNESS PROTECTION ASSISTANCE

SECTION 17. Witness Protection Assistance Program —In the conduct
of its investigation, the Commission shall implement and manage a human rights
based Witness Protection Assistance Program, including the provision of security
and shelter to witnesses and their families

The Commi

sion may also refer witnesses and their families, in need of
protection, to the Witness Protection Program of the Government and sanctuaries
provided by other organizations. The funding requirement for this Witness
Protection Assistance Program shall be included in the annual General

Appropriations Act

C.GENDER OMBUD

SECTION 18. Gender Ombud —As Gender Ombud, the Commission
shall exercise quasi~ judicial functions to determine violations of the provisions of
the Ma

related laws and regulations, committed by any department, agency or

a Carta of Women, its Implementing Rules and Regulations, and other

instrumentality of the Government, government-owned _and-controlled
corporations, and local government units as well as private entities and/or
individuals.

It shall impose appropriate penalties under administrative law, civil service

or other appropriate laws

D.GRANT OF IMMUNITY

SECTION 19. Grant of Immunity —The Commission may grant
immunity from prosecution to any person whose testimony is indispensable to
determine the truth in any hearing, inquiry or proceeding being conducted by the
Commission under such terms and conditions as it may determine taking into

10


10
1
12
13
14
15
16
7
18
19
20
2
2
23
24
25
26
7
28
29
30
31
32
33
34

account the pertinent provisions of the Rules of Court, particularly Rule 199.

Sections 17 and 18, and its own rules.

E.VISITATION

SECTION 20, Visitorial Powers-—The Commission shall exercise

visitorial powers over jails, prisons and detention facilities. In the performance of
this power, the Commission shall;
(a) Conduct regular, independent, unhampered, unannounced and

unrestricted jail visitation to all places of detention or confinement

Places of detention or confinement shall refer to any physical space, area
or structure, whether moving or stationary, permanent or temporary, where
deprivation of liberty is carried out, and which establishment, operation, and
maintenance is punishable under Section 14(1) of Republic Act No. 9745

otherwise known as the Anti-Torture Act of 2009.

These places of detention or confinement may include, but are not limited to, the
following

(1) National penitentiaries and penal farms;

(2) Provincial and sub-provincial jails;

(3) Municipal, city and district jails;

(4) Military detention camps and centers;

(5) Lock-up cells;

(6) Juvenile or youth centers;

(7) Social care institutions such as psychiatric wards, and

(8) Detention facilities maintained by the National Bureau of Investigation,

Philippine Drug Enforcement Agency, and such other agencies,

(b) Inspect said places of detention or confinement and assess the
condition and treatment of persons deprived of liberty using international human

rights standards, pertinent laws, rules, regulations and manuals of procedures

Require the submission of lists, through tire provincial and regional offices
of the Commission, of all detention centers and facilities under the jurisdiction of

1


4
15
16
a7
18
19
20
2
22
23
24
25
26
27
28
29
30
a1
32
33

the Philippine National Police, Armed Forces of tire Philippines, Bureau of Jail
Management and Penology, National Bureau of Investigation, Bureau of
Corrections, Philippine Drug Enforcement Agency, and other law enforcement
agencies and local chief executives having jurisdiction over provincial, sub-
provincial, city, and municipal jails, with the corresponding data as specified in
Republic Act No. 9745, or tire Anti-Torture Act of 2009, and Republic Act No.
10353, or the Anti-Enforced or of Involuntary Disappearance Act of 2012.

The Commission shall make the same available to the public, subject to

the guidelines as may hereafter be provided

(c) Upon being informed of the detention or arrest of a child in armed
conflict situations by agents of the Government, the Department of Social Welfare
and Development or the regional office of the Commission shall immediately visit
the child to ensure the protection of the child’s human rights

(d) Prepare periodic reports containing details of the visitation, treatment
and physical condition of persons deprived of liberty, assessment of the facilities,

analysis, and recommendations to concerned agencies for appropriate action

F, LEGAL AND PREVENTIVE MEASURES

SECTION 21. Legal and Preventive Measures-—In all cases under
investigation, the Commission may issue legal and preventive measures as well as
provisional remedies. These measures or remedies shah include, but are not
limited to, general writs of injunction, restraining orders, status quo ante orders,
cease and desist orders, protection orders or such other orders to protect the life
and security of persons, preserve evidence, protect properties and other
considerations to ensure the efficient investigation of the alleged human rights

violation.

G. LEGAL ASSISTANCE AND OTHER SERVICES

SECTION 22. Legal Assistance.—-The Commission shall implement a

legal assistance program consisting of the following

12


wee

10
a
12
13
14
15
16
cd
18
19
20
a
22
23
24
25
26
27
28
29
30
31
32
33

(a) Assistance in the filing of complaints against individuals, agencies,
institutions, or establishments that violate the provisions of the Custodial Rights of
the Accused, Magna Carta of Women, Anti-Torture Act, Anti-Enforced and

Involuntary Disappearance Act, Anti-Child Abuse Law, Anti-Child Pornography

Law, Juvenile justice Welfare Act, Anti-Violence Against Women and Their
Children Act, Philippine Act on Crimes Against International Humanitarian Law,

Genocide and Other Crimes Against Humanit,

and such other cases involving

human rights violations,

In the exercise of this function, the Commission may coordinate with
human rights organizations and lawyers’ groups, the Integrated Bar of the

Philippines and Philippine law- schools with legal aid programs

(b) Assist in the filing of requests or petitions for issuance of protection
orders both in the barangay and court levels

(c) Free legal aid and counseling services to victims of human rights
violations especially those in the marginalized, disadvantaged and vulnerable
sectors of society,

(d) Forward reports of specific incidents of violations of human rights of
children in situations of armed conflict filed with the Department of Social
Welfare and Development or non-governmental organizations to the general
headquarters of the Government forces or may file the same directly with the

office of the provincial or city prosecutor for appropriate action

(e) The Commission may, in accordance with Republic Act No. 7610 or
the Special Protection of Children Against Abuse, Exploitation and
Discrimination Act, receive a child, in situations of armed conflict, who is
released on recognizance after the filing of a criminal complaint or information in
court against said child. In the absence of counsel, the Commission may also

request the release of said child in situations of armed conflict

SECTION 23. Financial Assistance.—The Commission shall strengthen

its Financial Assistance Program to victims of human rights violations and their

13


10
u
12
13
14
15
16
wv
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33

families. The funding requirement for this Program shall be included in the annual

General Appropriations Act
H. FORENSIC SERVICES
SECTION 24. Forensic Services.— The Commission, in relation to the

conduct of any investigation of human rights violations, shall provide independent

forensic services which shall include:

(a) Medico-|

(1)Physical examinations on individuals identified to be victims of

egal Services

physical abuse or torture, and document any injuries found on the
individual, and

(2) Exhumation and/or autopsy of the remains of alleged victims of
human rights abuses, in order to determine the person’s identity

and the cause of death.

(b) Laboratory Services, which shall cover documentation, examination
and analysis of the evidence/samples collected. These include, but shall not be
limited to, the following areas

(1) Forensic pathology

(2) Forensic chemistry, toxicology, serology, including, but not

limited to, blood-alcohol determination, blood chemistry
unidentified substance analysis, gunshot residue collection and
analysis;

(3) Fingerprint recovery, identification and matching;

(4) Firearms and ballistics identification and comparison;

(5) Impression identification and analysis-tool marks, footwear and
tires;

(6) DNA recovery and analysi

(7) Trace and microscopic evidence analysis:

(8) Questioned document analysis; and

(9) Computer and electronic forensics

4


10
u
12
13
14
15
16
Ww
18
19
20
2
22
23
24
25
26
27
28
29
30
a1
32
33
34

The funding requirement for forensic services shall be included in the annual

General Appropriations Act

I. OTHER POWERS IN RELATION TO PROTECTION

SECTION 25, Applicability of Refoulment—Pursuant to the provisions

of Republic Act No. 9745, or the Anti-Torture Act of 2009, and Republic Act No.

10353, or tire Anti-Enforced or of Involuntary Disappearance Act of 2012, tire
Chairperson of the Commission shall, in coordination with tire Secretaries of
Justice and Foreign Affairs, determine the existence of grounds for the non-
expulsion, return or extradition to another state of a person, in cases where there
are substantial grounds to believe that such person shall be in danger of being
subjected to torture and/or enforced disappearance. It shall take into account all
relevant considerations, including but not limited to, the existence in the
requesting state of a consistent pattern of gross, flagrant or mass violations of

human rights.

SECTION 26. Protection of Filipinos Abroad. —The Commission shall
undertake measures for the protection and promotion of human tights of Filipinos
living abroad For the purpose of monitoring the status of human rights of Filipinos
living abroad, the Commission shall coordinate with Philippine Embassy or
Consulate officers as well as private individuals of known probity and active
involvement in human rights work, or foreign-based human rights and migrant
workers’ non-government organizations in countries where the incidence of
human rights violations of Filipinos is widespread and commonplace, including
traditional host countries of Overseas Filipino Workers, establishing networks
among Filipinos to promote protection of human rights, reporting cases of
violations thereof, facilitating the remedial measures of victims and coordinating

with respective agencies to provide counseling and financial aid
Whenever necessary, the Commission shall also engage with existing
national human rights institutions in the country where Filipinos may be found as

well as with regional and international human rights networks.

15


wear nus w

10
11
12
B
14
15
16
wv
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33
34

SECTION 27. Issuance of Human Rights Clearance. —The Commission
shall issue human lights clearance to any member of the security and law
enforcement sector, government official and employee, or any private person, for
purposes of employment, promotion or confirmation of appointment, study
abroad, or for any other legal purposes it may deem necessary

The human rights clearance shall be one of the requirements for the

confirmation of appointment before the Commission on Appointments.

SECTION 28, Issuance of Other Human Rights Certification.—The
Commission, after due evaluation, shall issue clearances or certifications of

compliance with international human rights standards such as certifications on

human rights impact assessments conducted by industries with high risk human

rights impact.

CHAPTER I. MONITORING POWERS.

SI

ION 29. Monitoring Powers and Functions.—In the exercise of its
mandate to monitor Government’s compliance with its international human rights

obligations, the Commission shall

(a) Monitor and advise government on its responsibilities and obligations
under international human rights treaties to which the Philippines is a signatory

b) Encourage signature, ratification of, or accession to, international
human rights instruments, and to ensure their implementation.

(c) Conduct inquiries on the manner of implementation by the Government
of specific human lights obligations.

(d) Request the full cooperation of any public official on the measure
undertaken by his or her agency to comply with the State’s international human
rights obligations

(e) Capacitate stakeholders to enable participation in monitoring human

rights treaty compliance by the Government.

SECTION 30, Monitoring for Legislative and Policy Reforms.—The
Commission shall recommend to Congress of the Philippines effective measures

16


Carn aues

10
u
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

to promote human rights. It shall make the appropriate recommendations to the

concerned executive, legislative and judiciary agencies to ensure the

harmonization of national legislation, policy issuances, local ordinances with

international human rights instruments to which the Philippines is a signatory.
SECTION 31. Compliance Reports to UN Treaty Monitoring Bodies and
Special Procedures.—
(a) The Commission shall advise Government to submit State Reports in
compliance with the reportorial obligations under international human rights
treaties and to furnish the Commission copies thereof within thirty (30)days from

submission to the United Nations and other international bodies.

(b) The Commission shall contribute, where necessary, to the reports
which states are required to submit to United Nations bodies and committees, and

to regional institutions, pursuant to treaty obligations

(c) With due respect for independence, the Commission shall prepare its
own parallel reports to the United Nations, other international organizations, and
special procedures mechanisms in relation to its monitoring of government’s

compliance with its international human rights obligations

(d) The Commission shall also monitor and follow-up compliance of the
recommendations made by the United Nations' treaty monitoring bodies and other

special procedures mechanisms
(e) Tire Commission shall make the appropriate recommendations to the
concerned executive agency with regard to requests for official visits of United

Nations Special Rapporteurs and other treaty and charter based mechanisms.

SECTION 32. Cooperation with the United Nations and other Human

Rights Systems.
(a) The Commission shall cooperate with the United Nations and any other

organization in the United Nations system including special procedures and

7


Nous

o

10
u
12
13
14
15
16
7
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33
34

charter based mechanisms on matters pertaining to monitoring compliance of

international treaties on human rights.

(b) Undertake collaborative efforts with international and regional human
rights networks and national human rights institutions of other countries in

relation to promotion and protection of human rights.

SECTION 33. Inter-agency Monitoring of Human  Rights—The
Commission shall engage with other government agencies, through inter-agency
committees and/or councils, to monitor compliance of human rights obligations as
provided for under Section 3 of this Act and as laid down in pertinent laws,

including, but not limited to

(a) Custodial Rights of the .A tie used (Republic Act No. 7438);

(b) Anti-Child Abuse Law (Republic Act No. 7610);

(c) Anti-Violence Against Women and Their Children (Republic Act No
9262);

(d) juvenile. Justice Law (Republic Act No. 9344);

(¢) Magna Carta of Women (Republic Act No. 9710);

(f) Anti-Torture Law (Republic Act No. 9745);
(g) Anti-Child Pornography Law (Republic Act No. 9775);

(h) Philippine Act on Crimes Against International Humanitarian Law,
Genocide and Other Crimes Against Humanity (Republic Act No. 9851);
(i) Anti-Enforced or Involuntary Disappearance Law (Republic Act No.
10353); Human Rights Violations Victims Reparation and Recognition
Act of 201.3 (Republic Act No. 10368); and

(k) Such other related laws as may hereafter be enacted.
CHAPTER III. PROMOTION POWERS.

SECTION 34. Human Rights Education—The Commission shall
undertake a program of human rights promotion and advocacy through education
and training to enhance respect for the primary of human rights in coordination
with different agencies of government. It shall likewise administer a Mandatory

18


Vows

°

10
u
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

and Continuing Human Rights Education Program for the military, police and

other law enforcement agencies, as well as public school teachers, and shall, for
tins purpose, draw up the components of the Program, accredit course and training
providers, and issue certificates of completion to those who have successfillly

completed the Program

The Commission shall also undertake a 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.

The Commission shall establish a Human Rights Institute as its research

and training arm for human rights education
SECTION 35. Research.—The Commission shall undertake a continuing
research and study on select human rights issues for purposes of recommending

policy reforms, as well as program and legislative measures

SE

“TION 36. Human Rights Information and Communication. —The
Commission shall develop its information and communication program for the

ional

effective dissemination and advocacy of human rights and intern:

humanitarian law, as well as other related national human rights laws.

TITLE THREE: ORGANIZATIONAL STRUCTURE

SECTION 37. 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 and for proper execution of its

Constitutional mandates.

19


10
u
12
13
4
1s
16
7
18
19
20
21
22
23
24
25
26
7
28
29
30
31
32
33
34

In the exercise of its powers and functions, the Commission shall sit and

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.

SECTION 38. The Chairperson as Head of the Commission and Chief

Executive Officer; Powers and Duties.—The Chairperson, as head of the

Commission and Chief Executive Officer shall.

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

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

(Si

Commission and enforce decisions on administrative discipline involving

n appointments of subordinate officials anti employees made by the

them;
(d) Issue temporary assignments, rotate and transfer personnel, as
approved by the Commission and in accordance with the provisions of the
Civil Service Law

(e) 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 Mo. 292, otherwise

known as the Administrative (Tide of 1987, and rules and regulations of
the Commission; and

(g) Perform such other functions as may be authorized by the Commission.

SECTION 39, Structural Organization.—The Commission shall have the

following offices and operating units

(a) National Offices
(1) Office of the Chairperson,
(2) Office of the Commissioners,

20


eCmavananw

10
11
12
13
14
15
16
7
18
19
20
2a
22
23
24
25
26
27
28
29
30
31
32
33

(3) Office of the Executive Director,
(4) Office of the Commission Secretary,

(5) General Administration Office,

(6) Financial Management Office,
(7) Internal Operations Office.

(8) Sector Management Office,
(9) Strategic Planning Office,
(10) _ Information Technology and Management System Office,
(11) Human Rights Protection Office,

(12) Human Rights Promotion Office,

(13) Human Rights Policy Reforms and Development Office
(14) Human Rights Institute, and

(15) Adjudication Office-

Each of the Offices enumerated above may have such divisions as_are

necessary to carry out the respective functions of the Office

The head of the Offices in subsection (a) numbers (4) to (15) shall have the

tank, salary and privileges equivalent to Director IV. The Executive Director shall

have the rank, salary and privileges of an Assistant Secretary

As an independent Constitutional office, the Commission may effect

nization changes in its structural organization as the need arises

(b) Regional Offices

The Commission shall have seventeen (17) Regional Human
Rights Offices. The Regional Offices will include twelve (12)
geographically grouped regional offices, four (4) special administrative
regional offices, in the administrative regions created by law, namely, the
National Capital Region, the Cordillera Administrative Region, the
CARAGA Administrative Region, and Autonomous Region for Muslim

Mindanao.

21


10
11
12
13
14
15
16
v7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

For purposes of an efficient and effective administration and
operation, Region VI shall be divided into Region IV-A and Region IV-B,
Region JV-A shall cover the provinces of Cavite, Laguna, Batangas, Rizal
and Quezon; while Region IV-B shall cover the provinces of Oriental

Mindoro, Occidental Mindoro, Marinduque, Romblon and Palawan,

Each Regional Human Rights Office shall be headed by a Regional
Human Rights Director IV, assisted by an Assistant Regional Human
Rights Director. Such other subordinate officers or employees may be
appointed by the Commission. The officers and employees shall be
persons having general understanding of the human rights situation over

the locality and are of known probity and independence,

© Provincial Offices

The Commission shall have an Office, in every province
corresponding to each Regional Office, except to the National Capital
Region, The latter shall instead be subdivided into four (4) separate
District Human Rights Offices of Northern District, Eastern District,

Western District and Southern District

The Provincial and District Human Rights Offices shall provide
identified services for the protection and promotion of human rights within
their specific areas of jurisdiction, and shall be under the direct supervision

of the Regional Human Rights Offices having jurisdiction over them,

Each Provincial and District Human Rights Office shall be headed
by a Provincial and District Human Rights Officer, respectively, and shall
have such other subordinate officers or employees as the Commission may
appoint. The Provincial and District Human Rights Officer shall carry the

rank and receive salaries or benefits equivalent to Director III, and should

have general understanding of the human rights situation over the locality

and are of known probity and independence

22


10
a
12
13
14
15
16
wv
18
19
20
21
22
23
24
25
26
27
28
29
30

SECTION 40. 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 the policies standards, rules and regulations
adopted and promulgated by the Commission. The Executive Director as Chief

Operations Officer of the Commission shall.

(a) Recommend and/or implement administrative and management
policies, rules and standard operating procedures to be established by the
Commission;

(b) Recommend and initiate programs, projects and policies which
promote productivity, efficiency and effectiveness in the Commission;

(c) Coordinate with different organizational units in the information and
reporting requirement of the Commission;

(d) Coordinate programs of due Offices of due Commission and render
periodic reports on their operations;

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

(8) Undertake appraisal of issues and problems and _ policy

recommendations requiring decision and action by the Commission;

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

(h) Perform such other functions as may be assigned by the Commission

SECTION 41. Duties and Functions of the Offices of the
Commission.—The different Offices of the Commission as provided in Section 39
of this Act shall operate in accordance with their respective duties and functions
subject to the requirements of efficiency, economy and effectiveness, and

pertinent budget and civil service laws, rules and regulations.

23


Yoaus

10
1
12
13
14
15
16
7
18
19
20
21
2
23
24
25
26
27
28
29
30
31
32
33
34

TITLE FOUR: MISCELLANEOUS PROVISIONS

SECTION 42. Immunity from Suit.—The officers and employees of the
Commission shall be immune from legal actions arising from the performance of
dudes; Provided, That this immunity shall not cover acts done in abuse of official

authority and acts done in bad faith

SECTION 43. Use of Income.—All fees and collected and/or received
by the Commission in the conduct of human rights trainings and seminars,
issuance of clearance, collection of fines and penalties, shall be deposited in an
authorized depository bank and shall be available for any function, project or
activity of the Commission. Disbursement therefrom shall be made in accordance

with accounting and auditing rules and regulations.

SE The Commission

ION 44- Implementing Rules and Regulations.
shall, within ninety (90) days from the approval of this Act, formulate
implementing rules and regulations in consultation with the Department of Justice,
Department of National Defense, Department of the Interior and Local

Government, and other government agencies and human rights organizations,

ECTION 45. Operational Guidelines.—The Commission shall also

formulate its operational guidelines which shall include, but will not be limited to.

guidelines and procedures, functions and duties of each office, the implementation
and management of its programs and services and such other matters as may be

necessary for the implementation of this Act.

SECTION 46. Franking Privilege.—All official mail matters and
telegrams of the Commission addressed for delivery within the Philippines shall
be received, transmitted and delivered free of charge: Provided, ‘That such mail
matters when addressed to private persons or non-government offices shall not
exceed one thousand twenty (1,020) grams. All mail matters and telegrams sent
through Government telegraph facilities containing complaints to the Commission
on Human Rights shall be transmitted free of charge: Provided, further, That the
telegram shall contain not more than one hundred fifty (150) words.

24


ows wn

10
cu
12
13
14
15
16
7
18
19
20
aa
22
23
24
25
26
27
28
29
30
31
32

SECTION 47. Transitory Provisions.—Nothing in this shall prejudice the
positions, emoluments, security of tenure, qualifications, privileges and benefits of
the incumbent Chairperson, Members of the Commission, officers and employees
of the Commission upon its effectivity. However, officials and employees of the
Commission, in aid of its reorganization upon the effectivity of tins Act, may avail

of a separation benefits package as may be provided for.

SECTION 48. Appropriations. In addition tothe regular
appropriations of the Commission, the sum of three hundred million Philippine
pesos (Php300,000,000.00) for the initial implementation of tins 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,

SECTION 49. Separability Clause.—If any provision of (his Act shall be
held unconstitutional, other provisions not affected thereby shall remain valid and

binding

SECTION 50. Repealing Clause.—This law shall repeal Executive Order
No. 163 (Declaring the Effectivity of the Creation of the Commission on Human
Rights as Provided in the 1987 Constitution, Providing Guidelines For the
Operation Thereof, and For Other Purposes), Republic Act No. 6770 or the
Ombudsman Act of 1989, and Republic Act No, 9710 or the Magna Carta of
Women, 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

SECTION 51. Effectivity Clause.—This Ac: shall take effect fifteen (15)

days upon its publication in at least two (2) newspapers of general circulation.

Approved,
=.