Republic of the Philippines} HULSE OF REPRESENTATIV
HOUSE OF REPRESENTATIV! RECEIVED

Quezon City 02 AUG 2016

DAT!
SEVENTEENTH CONGRES:
First Regular Session

House Bill No, 2343
RECISTRATION UNIT

BILLS AND INDEX SERVICE
Introduced by Rep. LAWRENCE LEMUEL

EXPLANATORY NOTE

It is a declared policy of the State to promote, protect and uphold human rights,
Article XIII Section 1 states:

“The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people to human
dignity, reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the
common good.

Pursuant to this state policy, Section 17 of the same article provided for the creation of an
independent office known as the Commission on Human Rights with the power, among others, to
investigate human rights violations involving civil and political rights, provide appropriate legal
measures for the protection of human rights, exercise visitorial rights over jails and detention
facilities, implement a continuing program of research, education, and information to enha
respect for the primacy of human rights, recommend to Congress effective measures to promote
human rights and to provide for compensation to vietims of violations of human rights, or their
families, monitor the Philippine Government’s compliance with international treaty obligations
on human rights, grant immunity from prosecution“to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine the truth
any investigation conducted by it or under its authority, and request the assistance of any
department, bureau, office, or agency in the performance of its functions,

While the Commission has been instrumental to the protection of human rights in the
country, it efforts, consistent with its current mandate, have been devoted to civil and political
rights, Other forms of deprivation or violation of the right to human dignity such as poverty,
various forms of discrimination and social exclusion have not been the focus of the Commission.
Even in the pursuance of civil and political rights, the Commission is handicapped by such
limitations as lack of prosecutorial powers, lack of power to issue immediate relief measures for
human tights violations and real fiscal autonomy that should ensure its independence as a
constitutional commission.

This bill seeks to strengthen the Commission on Human Rights by expanding its mandate
to cover economic, social and cultural rights to be more in keeping with Article XIII Section 1 of
the Constitution, granting it the power to issue temporary relief measures, residual prosecutorial
powers, fiscal autonomy and strengthen its structural organization. The bill aims to ensure that the
Commission, created under the Constitution pursuant to a declared state policy, is able to fully
perform its mandate (0 ensure the dignity of every human person and guarantee full respect for
human rights.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

2343

House Bill No.

Introduced by Rep. LAWRENCE LEMUEL H, FORTUN

AN ACT
STRENGTHENING THE COMMISSION ON HUMAN RIGHTS AND FOR
OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section I. Title. - This Act shall be known as the “Commission on Human
Rights Act of 2016”

Section 2. State Policy on Human Rights. - The Sate 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 Ill of the Constitution and those affirmed and recognized
by the State in the following international covenants the Universal Declaration of Human
Rights (1948); the International Covenant on Civil and Political Rights (1976); and the
International Covenant on Economic, Social and Cultural Rights (1976), and all other
international instruments on human rights to which the Philippines is a signatory.

1 THE COMMISSON ON HUMAN RIGHTS
A. The Chairperson and Members

Section 4. The Commission, Composition and Qualifications. — The
Commission on Human Rights also known as the Commission from hereon, is a collegial
body, and shall be composed of a Chairperson and four (4) Members who shall possess
the following qualifications:

a, Must be natural-born citizens of the Philippines;

b. Must be at least thirty-five (35) years of age at the time of their appointment
with proven integrity and competence;

©. Majority of whom, including the Chairperson, must be members of the
Philippine Bar who have been engaged in the practice of law for at least five
(5) years;

d. Must have an understanding of human rights protection, promotion an
advocacy;

e. Must not have been candidates, including partylist nominees, for any elective
position in any national or local elections, excluding barangay elections,
immediately preceding their appointment.

Section 5. Appointment and Term of Office. - The Chairperson and Members
shall be appointed by the President for a term of seven (7) years without reappointment.
Of those first appointed under this Act, the Chairperson shall hold office for seven (7)
years, two (2) Members for five (5) years, and the other two (2) Members for three (3)


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years, all without reappointment. In no case shall any member be appointed, re-
appointed or designated in temporary or acting capacity.

‘The term of the Chairperson and Members of the Commission shall start on the
day immediately after the end of the previous term regardless of the date of appointment
to any vacancy occurring during the term shall be only for the remaining portion of said
term.

Section 6. Prohibition and Disqualification. - ‘The Chairperson and Members
of the Commission shall not, during their tenure, hold any other office or employment.
Neither shall they engage in the practice of any profession or in the active management or
control of any business which in any way may be affected by the functions of their office,
or 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 directly avoid conflict of interest in the conduct of their office.
They shall not be allowed to appear or practice before the Commission for one (1) year
following their cessation from office,

No spouse or relative by consanguinity or affinity within the fourth civil degree
and no law, business or professional partner or associate of the Chairperson or Members
may appear as counsel or agent, appearing for or on behalf of the Chairperson or
Members for pecuniary interest, on any matter pending before the Commission or
transact business directly or indirectly therewith,

The disqualification shall apply during the tenure of the official concerned one (1)
year thereafter,

Section 7. Disclosure of Relationship. - It shall be the duty of the Chairperson
and Members to make under oath to the best of their knowledge a public disclosure of the
identities of and their relationship with the persons referred to in the preceding section.
The disclosure, which shall be in writing, shall be filed in the Office of the Ombudsman
after the appointee assumes office and every year thereafter. The disclosures made
pursuant to this Section shall form part of the public records and shall be made available
and accessible to the public.

Section 8. Salary, Retirement and Other Privilege of the Chairperson and
Members. - The Chairperson and Members of the Commission shall receive the same
salary and privilege as the Chairperson and Members of the Constitutional Commissions,
and which shall be decreased during their term of office. Likewise, they shall receive the
same retirement benefits as those of the Constitutional commission as provided by law.

B, Nomination of Chairperson and Members

Section 9, Nominations Committee. - The President shall choose and appoint
the Chairperson and Members of the Commission from a list of three (3) nominees per
position selected by a Nominations Committee to be composed of the following
members.

(a) The Chairperson of the Commission on Human Rights;

(b) ‘The Chairperson of the Senate Committee on Justice and Human Rights;

(c) Three (3) representatives from human rights non-government organizations
(NGOs) and lawyers” groups, the academe, indigenous peoples, and women’s
groups involved in human rights work and advocacy, duly accredited by the
Commission.

Section 10. Selection of nominees. — The members of the Nominations
Committee shall have equal voting rights. They shall meet not later than three (3) months
before the end of a current term or within a week after the occurrence of a vacancy during


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the term. They shall submit to the President their list of nominees one (1) month before
the end of said term or a month after of said vacancy, The President shall make the
appointment within one (1) month from the submission of the list of nominees by the
Nominations Committee. The Nominations Committee shall adopt its own rules of
procedure.

‘The Commission shall provide secretariat support to the Nominations Committee.
It shall make all proceedings of the Nominations Committee open and accessible to the
public, Vacancies as well as the list of nominees shall be published in a newspaper of
general circulation,

Section 11.  Pluralist Representation. In the selection of nominees for
Chairperson and Members of the Commission, the Nominations Committee shall take
into consideration pluralist representation of civil society involved in the promotion and
protection of human rights.

Section 12, Non-Government and People’s Organizations. - The accredited
human rights non-government and people’s organization shall choose their three (3)
representatives to the Nominations committee from among themselves in a meeting
attended by a representative of the Commission, In the absence of a selection procedure
agreed upon by said organization, the Commission shall promulgate rules of procedure
on the selection of three (3) representatives by the accredited organizations; Provided,
That selection rules agreed upon by the organizations among themselves shall supersede
any rule promulgated by the Commission.

Accreditation by the Commission shall be base on guidelines to be prescribed in
its implementing rules and regulations.

C. Nature of the Commission

Section 13. The Commission as an Independent Office. — The Commission on
Human Rights is an independent constitutional office. It shall not be subject to
instructions or orders from the President, Congress or the Judiciary, except in cases
provided in the Constitution with regard to the appointment of its Chairperson and
Members, legislation affecting the exercises of its powers and functions, and judicial
review of the legality of its acts, orders, resolutions and decision.

Section 14, The Commission as the National Human Rights Institution of the
Philippines. The Commission is the national human rights institution of the Philippines
in accordance with the Principles Relating to the Status of National Institutions (The
Paris Principles) and other United Nations’ Resolutions pertaining to the effective
functioning of national human rights institutions.

Section 15, Fiscal Autonomy. - The Commission shall enjoy full fiscal
autonomy. ‘The approved annual appropriations of the Commission shall be
automatically and regularly released.

1a POWERS AND FUNCTIONS
A. General Powers and Functions

Section 16. General Powers and Functions of the Commission. - The
Commission on Human Rights shall have the following general powers and functions:

a. Investigate, on its own or on complaint by any party, all forms of
human rights violations:

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

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


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

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

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

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

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

Grant immunity form prosecution to any person whose testimony or
possession of documents or other evidence is necessary or convenient
to determine the truth in any investigation conducted by it or under its
authority.

Request the assistance of any department, bureau, office or agency in
the performance of tis functions;

Deputize government prosecutors or private lawyers, who shall be
under the direct control and supervisions of the Commission for the
prosecution of human rights cases under Section 26 hereof.

Accredit national non-government and peoples’ organizations
involved in human rights promotion, protection and advocacy,
including for purposes of visiting persons arrested, detained or under
custodial investigation;

Ensure that the status, rights and interests of children are upheld in
accordance with the Constitution, laws and international instruments
on human rights.

Appoint its officers or employees in accordance with law; and

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

B. Investigation

Section 17, Investigative Powers and Functions. - The Commission shall
exercise primary and original jurisdiction to investigate, on complaint or motu proprio,
cases of human rights violation to include civil, political, economic, social and cultural

rights, in

the exercise of its investigative function, the Commission shall have the

following powers.

a.

‘Act promptly on complaints filed in any form or manner by any person,
whether directly affected or not, and on finding on human rights violation,
recommend the filing of appropriate administrative, civil and/or criminal
action. Any investigation being conducted by any other body shall not be a
bar to the investigation of the Commission;

Compel the attendance of witnesses and production of evidence, to place the
witness under oath of affirmation, issue subpoenas and take testimony in any
investigation or inquiry;

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

Provide protection and financial assistance to witnesses to ensure their
attendance in investigations and production of evidence;

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

Require the assistance of any officer or employee of any department, bureau
or office, subdivision, agency or instrumentality of the Government, including
government-owned of controlled corporations and local government;

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

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


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i. Cite and punish for direct or indirect contempt any person for violations of the
Commission's lawful order. The Rules of Court shall apply suppletorily to
the Rules of the Commission.

Section 18, Imprescribility of Human Rights Violations. - The investigation of
human rights violations shall not be subject to any statute of limitations of prescriptive
period.

Section 19. Scope of Preventive Measures. ~ The preventive measures under
Article XIIL, Section 18 (3) of the Constitution that may be issued by the Commission in
the investigation of cases involving all forms of human rights violations shall include the
following:

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

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

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

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

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

Section 20. Scope of Legal Measures. The measures under Article XIII, Section
18 (3) of the Constitution that may be provided by the Commission shall include the

following:

a Mandatory protection orders directing the government security forces,
other appropriate government agencies or private institutions to proved
specific protection to victims of human rights violations;

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

©. Orders to deputize government and private lawyers as counsels de
oficio to ensure that the human rights of the victims are not further
violated.

Section 21. Grant of Immunity. ~The Commission may grant immunity for
prosecution to any person whose possession and production of documents or other
evidence as may be necessary to determine the truth in any hearing, inquiry or proceeding
under such terms and conditions as it may determine taking into account the pertinent
provisions of the rules of court and its own rules. The immunity granted shall be
recovered on account of evidence presented to be true but which is, in fact, false and
spurious, and without which the Commission would not have granted immunity.

Section 22. Preventive Suspension. — With the exception of Members of
Congress, those of the judiciary, and impeachable officials, the Commission may
preventively suspend any officer or employee, after summary hearing/s, pending an
investigation, if in its judgment (a) the evidence of guilt is strong; (b) the charges would
warrant removal from the services, and (c) the respondent’s continued stay in office may
prejudice the case filed against him/her.


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In the case of suspended elective official/s, upon expiration of his preventive
suspension, he shall be deemed reinstated in the office without prejudice to the
continuation of the proceedings against him which shall be terminated within one
hundred twenty (120) days from the time he formally notified of the case against him.

‘The preventive suspension shall be immediately executor, unless restrained by the
Court of appeals or the Supreme Court and shall continue until the case is terminated by
the Commission; Provided, That said suspension shall not be more than three (3) months
without pay, except when the delay in the disposition of the case by the Commission is
due to fault, negligence or petition of the respondent, in which case the period of such
delay shall not be counted in computing the period of suspension herein provided.

‘Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority.

‘The respondent official preventively suspended from office shall receive no salary
or compensation during such suspension but upon subsequent exoneration and
reinstatement, the employee shall be paid full salary or compensation including such
emoluments accruing during such suspension

The respondent shall be accorded full opportunity to appear and defend
himself/herself in person or by counsel, to confront and cross-examine the witnesses
against him/her, and to require the attendance of witnesses and the production of the
document evidence in his/her favor through the compulsory process of subpoena or
subpoena duces tecum.

Section 23. Referral to Disciplining Authority. - The Commission may direct
disciplining authority to take appropriate action against a public officer or employee
found guilty of committing violations of human rights and recommend his/her removal,
suspension, demotion, censure, imposition of fine, or prosecution and to ensure
compliance by requiring the officer concerned to report on his action within thirty (30)
days from receipt of the recommendation of the Commission. Failure to act or comply
with said recommendation shall be actionable by mandamus.

For this purpose, every case on which the Commission has rendered a resolution
or recommendation adverse to a public official shall be transmitted to the head of the
department, agency or instrumentality, or of the province, city or municipality concerned
for immediate action, as may be necessary.

Section 24, Motu Proprio Dismissal, - The Commission may dismiss, motu
proprio, a complaint for the investigation of human rights violations on any of the
following grounds:

a. The complaint pertains to a matter outside the jurisdiction of the commission,
b. The complaint is trivial, frivolous, vexatious or made in bad faith; or
c. Other valid grounds as may be provided by the Commission,

Section 25. Investigation by Regional Offices. - ‘The regional office shall
investigate complaint falling within its territorial jurisdiction unless the Commission en
ane, in its discretion, take direct cognizance of the same, Upon recommendation of the
regional office in investigations pending before it, the Commission en banc may issue
legal and preventive measures and preventive suspension orders which are immediately
executor. Within ten (10) days after concluding the investigation the regional office shall
render the appropriate order, directive or resolution subject to appeal to the Commission
en bane pursuant to its rules.

C. Prosecution

Section 26. Concurrent Prosecutorial Powers and Functions. - The
Commission all exercise concurrent prosecutorial powers and functions as herein
provided.


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In the event of the failure of the prosecution agency to file the information within
thirty (30) calendar days upon receipt of the resolution of the Commission finding
probable cause, the latter shall exercise concurrent prosecutorial powers by filing the
information in court on its own and prosecuting the case. For this purpose, the
Commission shall have the power to deputize government prosecutors or private lawyers
who shall be under its direct control and supervision.

‘This section shall apply in cases where the offender is a public officer as defined
under Article 203 of Republic Act 3815, otherwise known as the Revised Penal Code as
amended, and acting in his capacity as such, or any person acting on behalf or under the
immediate control of the Sate and its agents, and where the human rights violation
constitutes a criminal offense under the Revised Penal Code and special laws, as follows:

a. Use of physical, psychological and degrading punishment, torture,
force, violence, threats, and intimidation,

b. Extra-judicial killings, summary executions, and “massacres” or mass
killings;

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

d. Violations of the rights of person arrested, detained, or under custodial
investigation, including deprivation of the rights of political detainees;

©. Violations of the right to speedy, impartial and public trial in the
disposition of cases;

f. Hamleting, forced evacuation or eviction, illegal demolition,

development aggression and other violations of the right to travel and
to freely choose one’s abode and change the same;
Violations of the right to peaceably assemble, free as
petition the government for redress of grievances:

sociation, and to

h. Violations of the right to workshop and the free exercise of a religion;

i, Violations of the right to privacy;

j. Violations of civil and political rights of persons suspected of, accused
of, or detained for the crime of terrorism or conspiracy to. commit
terrorism;

Ki Political, religious, racial, ethnic, social or sexual persecution,

oppression or harassment committed with acts constituting offenses
punished under the Revised Penal Code and special laws; and

i In general, any crime penalized under the Revised Penal Code or
special laws when committed within the context or resulting to human
rights violations.

Section 27. When Committed by Non-State Actors. - The preceding section
shall also apply when the violations is committed by non-state actors, Non-state actors
are persons, other than public officers, belonging to and acting on behalf or under the
immediate control of a juridical or non-juridical person, whether legitimate or
illegitimate, including, but not limited to the following:

a. Armed groups, warlords and private armies;
b. Criminal organizations and groups; and
c. Multi-national, foreign and domestic corporations, and other business entities.

Section 28. When Committed Against Vulnerable Persons. ~ The concurrent
prosecutorial powers of the Commission shall likewise apply in the investigation and
prosecution of the following offenses as penalized under the Revised Penal Code and
special laws when committed by any person against any member or group of vulnerable
persons, as defined herein:

a. Involuntary, servitude constituting Crimes Against Personal Liberty and
Security;

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


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

d. Crimes penalized under Republic Act No, 8371 or the “Indigenous People’s
Rights Act of 1997”,

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

D. Monitoring

Section 29, Monitoring Powers and Functions. - In the exercise of its mandate to
monitor the Government's compliance with its international human rights treaty
obligations the Commission shall have the following powers and functions:

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

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

cc. Summon any public official to explain on the measures undertaken by his/her
agency in order to comply with the State’s international treaty obligations on
human rights;

d. Access any book, record, file, document or paper located in the above-
mentioned offices and facilities;

e. Study and recommend to the government international human rights treaties
or instrument for its signature, ratification or accession.

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

g. Advise and assist the government on clearly identified gaps in human
treaty compliance;

h, Capacitate stakeholders to enable parti
treaty compliance by the government;

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

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

pation to monitoring human rights

Section 30, Other Monitoring Functions. - ‘The commission shall likewise
monitor observance by non-state actors of human rights obligations arising from
agreements entered into with government, as well as unilateral declaration and similar
undertakings.

Section 31. Annual Report. - The Commission shall prepare and make public an
annual report on the findings of its monitoring activities with regard to the state of the
Government's compliance with its international human rights treaty obligations. The
report shall not include, but not limited to the following

a, Identification of systematic patterns of human rights violations using

documented cases;

b. Analysis of the factors which contribute to the commi

violations;

c. Assessment of the legal mechanisms of existing institutions in providing

adequate human rights protection;

d. Recommendations for legal, legislative, and institutional reforms for greater

promotion and protection of human rights; and

n of human rights:



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e. Statistics and data indicating the nature of complaints received, the
investigations conducted and findings made, and the action taken by
government agencies concerned on the Commission’s recommendations.

E. Education and Advocacy

Section 32, Education and Advocacy in Government. - The Commission shall
undertake program of human rights promotion and advocacy through education and
training to enhance respect for primacy of human rights in coordination with the different
agencies of the government. It shall likewise administer a mandatory and continuing
human rights education program for the military, police and other law enforcement
agencies, as well as public school teachers, and shall, for this purpose, draw up the
components of the program, accredit course and training providers, and issue certificate
of completion to those who have successfully completed the program,

Section 33. Education and Advocacy in Civil Society. - 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 organization of the concerned sectors of civil society.

Section 34. Research. - The Commission shall undertake a continuing research
and study on select human rights issues for purposes of recommending policy reforms, as
well as administrative and legislative measures that will address economic, social and
cultural rights,

Section 35. Coverage of Programs, - The Commission shall prescribe the scope
and coverage of education, advocacy, information and training programs on human
rights, and which shall be provided for in the implementing rules and regulations of this
Act.

F, Other Powers and Functions

Section 36. Witness Protection Program. - In the conduct of its investigations,
the Commission shall implement and manage a witness protection program, including the
provision of security, shelter, relocation and livelihood assistance to witnesses and their
familis

Section 37. Financial Assistance Program. - The Commission shall strengthen
its financial assistance program to victims of human rights violations and their families.

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

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

Section 38, Legal Assistance Program. ~ The Commission shall implement a
legal assistance program to benefit victims of human tights violations consisting of the
provision of legal services in coordination with human rights organizations and lawyers"
groups, the Integrated Bar of the Philippines and Philippine law school with legal aid
programs.

Upon its discretion, the Commission may also provide allowances and incentives
to private lawyers or lawyer's groups who would render their professional services on


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behalf of the Commission in any court proceedings involving the litigation of human
rights cases, subject to auditing rules and regulations.

Section 39. Protection of Filipinos Abroad. - The Commission shall undertake
measures for the protection and promotion of human rights of Filipinos living abroad. It
may assign organic personnel to act as Human Rights Atfachés in Philippine Embassies
or consulates or deputize Philippine Embassy or Consulate officers, resident private
individuals of known probity and active involvement in human rights work, or foreign-
based human rights and migrant workers’ non-government organizations in countries
where the incidence of human rights violations of Filipinos is widespread and
commonplace, including traditional host countries of Overseas Filipino Workers.

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

Section 40. Creation of Ad Hoc Truth Commissions, - The Commission may
recommend the creation of an ad hoc Truth Commission on matters of transcendental
importance, such as widespread and systematic human rights violations occurring over
prolonged period of time, or under extraordinary-repressive conditions, or attended by a
culture of impunity that is instigated, inspired or orchestrated by public officials, in
conspiracy with government security forces or State-sponsored armed groups.

Section 41, Issuance of Certifications, — The Commission shall issue
certifications to members of the military, police and other law enforcement agencies prior
to their promotion or assumption to office. The Commission shall clearly indicate in its
certification if the applicant has a pending case with them and shall state the nature and
status of the cases filed.

The Commission shall also make its own recommendations to the Commission on
Appointments prior to the confirmation of other officials other than those mentioned in
the preceding paragraph, who are being considered for promotion or appointment.

This provision
twenty-seven (27) or i

shall also apply to other government officers with salary grade
equivalent and higher.

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

Section 42, Appeals, Prohibition against Injunction. ~ Orders, decision, or
findings of the Commission, including determination of probable cause, shall be appealed
to the Court of Appeals on both questions of fact and law, of on certiorari to the Supreme
Court on pure question of law. No writ of injunction against the Commission in the
performance of its functions shall be issued other than those emanating from the Court of
Appeals or the Supreme Court,

Section 43. Protection from Harassment Sans Dismissal. ~The Chairperson,
Members, officers and employees of the Commission shall be free from any
administrative, civil or criminal liability in the regular performance of their functions.
Personal legal actions brought against them shall be dismissed where it appears that the
same was filed for acts committed in the regular performance of said functions.

TITLE Il], ORGANIZATION AND STRUCTURE

Section 44, Commission as a Collegial Body. - The Commission composed of
the Chairperson and four (4) Members, as a collegial body, is responsibly for the
promulgation of policies, decisions, orders and resolutions necessary for the efficient
‘administration of the Commission and for proper execution of its constitutional mandate.


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In the exercise of its powers and functions, the Commission shall sit and render its
decision en bane. Every such decision, order or resolution of the Commission must bear
the concurrence and signature of at least three (3) Members thereof.

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

Section 45. The Chairperson as Executive Officer. Power and Duties. ~ The
Chairperson shall be the Chief Executive Officer of the Commission, and shall:

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

b. Direct and supervise the operations and internal administration of the
Commission;

Sign appointment of subordinate officials and employees made by the
Commission and enforce decisions on administrative discipline involving
them;

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

e. Submit and annual budget to the Commission for its approval and submission
to the department of Budget and Management and to the Congress of the
Philippines;

f. Delegate his/her authority in whole or in part, to other officials of the
Commission, in accordance with Executive Order No. 292, otherwise known
as the Administrative Code of 1987, and rules and regulations of the
Commission; and

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

Section 46, Structural Organization. - the commission shall have the following
line offices and operating units:

Office of the Chairperson;
Office of the Commissioners;
Office of the Assistant Commissioner for Internal Administratio:
off it Commissioner for Human Rights Protection;
Office of the Assistant Commissioner for Human Rights Promotion and
Advocacy;
Office of the Assistant Commissioner for Regional Operations;
Office of the Executive Director;
Office of the Commission Secretary
Information System Management Office;
Planning and Management Office;
Financial Management Office;
General Administrative Office;
. Legal Office;
Investigation Office;
Assistance and Visitorial Office;
Forensic Office;
Special Protection;
Human Rights Instruments Compliance and Monitoring Office;
Education, Advocacy and Research Office;
Sectoral Rights Offices; and
Regional Offices

eae

erenmevpepgrrtrsen

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



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

The Public Information Office which will be under the direct supervision of the
Chairperson of the Commission, shall assume the role of a media relations unit that will
disseminate all information to the general public including the issuances of the
commission, enable public access to general information pertaining to the Commission
and encourage active participation of all forms of media, for the promotion of human
rights.

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

Section 47, Assistant Commissioners. - There shall be four (4) Assistant
Commissioners as Head of the different clusters: (1) Assistant Commissioner for Internal
Administration, which shall be comprised of Planning and Management Office, Financial
Management Office, General Administration Office, and Information System
Management Office, (2) Assistant Commissioner for Human Rights Protection, which
shall be comprised of the Legal Office, Investigation Office, Forensic Office, Assistance
and Visitorial Office and Security and Protection Office, (3) Assistant Commissioner for
Human Rights Promotion and Advocacy, which shall be comprised of Human Rights
Instruments Compliance and Monitoring Office, and (4) Assistant Commissioner for
Regional Offices,

The Assistant Commissioners shall act as facilitators in conveying the directive
and policies of the commission to their respective cluster offices, as monitors of their
respective cluster office's actions as well as their implementation and as an advocates for
their cluster officers who will identify, raise and settle issues or concerns which require
appropriate action.

The Assistant Commissioners shall act as facilitators in conveying the directive
and policies of the Commission to their respective cluster offices, as monitors of their
respective cluster offices’ actions as well as their implementation and as advocates for
their cluster offices who will identify, raise and settle issues or concerns which require
appropriate action.

‘The Assistant Commissioners shall be appointed to the Commission, with
preferential status given to the officers and employees within the Commission who have
been working therein for at least seven (7) years prior to the time of their appointment,

‘The Assistant Commissioners must be proven integrity and competence and must
have been involved in human rights promotion and protection activities for at least seven
(7) years. In addition, the Assistant Commissioner for Human Rights Protection must be
a member of the Philippine Bar and the Assistant Commissioner for Internal
Administration must be a Certified Public Accountant, All of the Assistant
Commissioners shall have the rank, emoluments and benefits of an Assistant Secretary.

Section 48. 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. In particular, the Executive Director shall:

a. Provide direct supervision, control, coordination and monitoring of all
activities, functions and operations of the national and regional units
of the Commission.

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



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° Recommend and initiate programs, projects and policies which
promote productivity, efficiency and effectiveness in the Commission,
with prior consultation with the Commission and Assistant
Commissioner/s concerned:

4. Coordinate with the Assistant Commissioner/s concerned as well as
the different CHR organization units in the information and reporting
requirements of the Commission;

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

£ Undertake appraisal on issues/problems and policy recommendations
requiring decisions/action by the Commission;

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

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

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

Section 49, The Commission Secretary ~ The Commission Secretary, who shall
head the Commission Secretariat, shall provide executive services to the Commission on
its regular, special meetings, assistance on policy review and coordination, review and
appraisal of the programs and other project undertakings of the Commission including
technical support on the formulation of guidelines, directives mandates and executive
summaries and reports, In addition, the Commission Secretary shall:

a. Prepare the agenda of meetings of the Commission En Bane and
ensure complete recordings of proceedings;
b Develop, recommend to the Commission En Bane, and implement an

approved disclosure policy for the Commission on Human Rights of
the Philippines;

° Formulate, propose and implement a central records management
system for the Commission En Bane and act as the custodian of all
records on human rights cases filed with the Commission, including
records on resolutions, rules, policies, regulations and other decisions,
proceedings to the various offices of the Commission En Bane;

d. Represent the Commission En Bane in different technical working
committees of the Commission, as may be directed by it;
e Respond to queries from the different central and regional offices on

matters pertaining to policies, rules and decisions as authorized by the
Commission En Bane; and

f. Perform such other related functions as may be assigned by the
Commission En Banc

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

Section 50. Duties and Functions of the Office of the Commission, ~ The
different offices of the Commission provided in Section 46 of this Act shall operate in
accordance with their respective duties and functions assigned them by the Commission
subject to requirements of efficiency, economy and effectiveness and pertinent budgeted
and civil service laws, rules and regulations.

Section 51. Officers of the Commission. - All officers appointed by the
Commission who possess the rank or position that is above Division Chief level and
officially performs managerial and executive functions, must be Career Executive


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Service (CES) eligible under the Career Executive Service Board or has equivalent
lity as the Commission may establish,

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

Section 52. Regional Offices. - ‘The Commission shall have seventeen (17)
regional offices, and as may be further established by law, with two (2) regional offices
for Region IV, including the National Capital Region (NCR), the Caraga Administrative
Region (CARAGA), Cordillera Administrative Region (CAR and the Autonomous
Region of Muslim Mindanao (ARMM).

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

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

Section 53, Sectoral Rights Offices. - ‘The Commission shall establish Of
and Centers to undertake promotion and protection of the rights of vulnerable sectors, to
include but not limited to women and children, as the Commission may deem
appropriate.

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

Section 54, Operational Guidelines. - ‘The Commission shall formulate
operational guidelines which include, but not limited to, the functions and duties of the
Assistant Commissioners, the Executive Director, the Commission Secretary and the
of the line offices, the implementation and management of its Witness Protection,
Financial assistance and Legal Aid Programs, and such other matters as may be necessary
for the implementation of this Act.

Section 55, 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
person of non-government offices shall not exceed One Hundred and Twenty (120)
grams, All mail matters and telegrams sent through government telegraph facilities
containing complaints to the Commission on Human Rights shall be transmitted free of
charge. Provided, That the telegram shall not contain more than One Hundred and Fifty
(150) WORDS.

Section 56, Financial Report. ~ The Commission shall make available to the
public its annual financial statements, including but not limited, expenditures and source
of funds.

Section 57. Appropriations. ~ In addition to the regular appropriations of the
Commission, the sum of Three Hundred Million Pesos (P300,000,000.00) for the initial
implementation of this Act shall be included in the annual General Appropriations Act in
the year following its enactment into law.

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


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Section 58. Transitory Provision. - Nothing in this Act shall prejudice the
positions, emoluments, security of tenure and privileges of the incumbent Chairperson
and Commissioners, officers and employees of the Commission upon it is effectivity.
However, officials and employees of the Commission may avail of an early retirement
program as may be provided for by the Commission upon the effectivity of this Act.

Section 59. Implementing Rules and Regulations. ~ The Commission shall,
within sixty (60) days from approval of this Act, formulate the implementing rules and
regulations in the exercise of its general, investigative, prosecutorial, monitoring,
education and advocacy powers and functions in consultation with the other concerned
agencies of the Government.

Section 60. Separability Clause — If any provision of this Act shall be held
unconstitutional other provisions not affected thereby shall remain valid and binding.

Section 61. Repeating Clause. ~ All laws, republic acts, presidential decrees,
letters of instructions, executive orders, rules and regulations insofar as they are
inconsistent with this Act are hereby repealed or amended, as the case may be

Section 62, Effectivity Clause, - This Act shall take effect fifteen (15) days upon
its publication in at least two (2) newspapers of general circulation.

Approved,