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

SIXTEENTH (16t") CONGRESS
Second Regular Session

5193

HOUSE BILL NO.

“Introduced by REP. JOSE CHRISTOPHER Y, BELMONTE, _
AKBAYAN REP. IBARRA M. GUTIERREZ Ill AND
AKBAYAN REP. WALDEN F. BELLO

EXPLANATORY NOTE

On 10 November 2009, Republic Act No. 9745, or “An Act Penalizing Tortare
and Other Cruel, Inhuman and Degrading Treatment or Punishment and Prescribing,
Penalties Therefor,” was signed into law. ‘This “Anti-Torture Act of 2009” ensures
that “the human rights of alll persons, including, suspects, detainees and prisoners
are respected at all times.” It defines all acts of torture and other cruel, inhuman and
degrading treatment or punishment, and penalizes those who engage in such acts.

However, many describe the enactment and implementation of RA 9745 as
the reactive, confrontational and litigation-driven side of addressing torture. There is
another method that many see as the more effective and forward looking way since
it addresses violations before they occur. This method is preventive monitoring, It
works through the establishment of a system of regular visits undertaken by
independent experts in fields relevant to the treatment of persons deprived of their
liberty to places of detention in order to identify policy, procedural, and practice
risks that give rise to torture and ill-treatment. Preventive monitoring visits will be
more effective if lodged on the principles of mutual trust building, confidentiality,
collaboration and dialogue between detention authorities, persons deprived of their
liberty, the expert visiting body and other relevant authorities,

Preventive monitoring visit is a non-adversarial approach which effectively
opens up to public scrutiny by independent experts the otherwise obscure places of
deprivation of liberty, where persons’ well-being depend solely on their jailers. The
regular unannounced visit, by itself, establishes a preventive effect, conditioning
custodial authorities to work within. the bounds of legal procedures. Moreover, the


torture risk identification visits and subsequent observations and recommendations
of the expert visiting body will result in implementation measures that bring about
policy, procedural and practice reforms in the treatment of persons deprived of their
liberty, institutionalizing safeguards for their humane treatment. Detention
monitoring work will not only benefit persons deprived of their liberty, but also
improve the working environment, conditions and other benefits for custodial
authorities. The realization of better and humane places of deprivation of liberty will
also benefit social order and government spending in general.

In December 2002, the UN General Assembly approved the Optional Protocol
to the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT). The OPCAT sets up the global preventive
system by establishing the sub-committee on prevention at the international level
and National Preventive Mechanisms (NPMs) at the domestic level. NPMs are
considered to be the main engines of this system, being the bodies tasked to do most
of the visits.

The OPCAT is the first international human rights treaty that focuses on
operations rather than review of state obligations, as in the case with other treaty
bodies. While other treaties set standards and obligations for states parties, the
OPCAT does not prescribe them but operationalize paths towards their fulfillment
through the system of visits, dialogues and prescription of implementation measures
toward policy, procedural and practice reform, The OPCAT went into force on 22
June 2006 with 20 states having had adhered to the treaty.

On 17 April 2012, the Philippines ratified the OPCAT, becoming the 63rd
State Party to the instrument. Under Article 17 of the treaty, the Philippines was
required to establish, designate or maintain an existing institution as its NPM within
a year and a month upon ratification ~ meaning the country should have established
its NPM by 17 May 2013, Unfortunately, this obligation has been long overdue.

This House Bill aims to fulfill this obligation by establishing the National
Committee for the Prevention of Torture (NCPT) - the country’s NPM against

torture and other cruel, inhuman and degrading treatment or punishment.

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

JOSE CHRISTOPHER Y. BELMONTE
Representative, District VI, Quezon City

fo \
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Qo U\y
IBARRAM. GUFIRRREZ DT WALDEN F. BELLO

AKBAYAN Representative AKBAYAN Representative


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

SIXTEENTH (16) CONGRESS

Second Regular Session

HOUSE BILL NO. 5193

Introduced by REP. JOSE CHRISTOPHER Y. B LMONTE,
AKBAYAN REP. IBARRA M. GUTIERREZ II] AND
AKBAYAN REP. WALDEN F. B

AN ACT ESTABLISHING THE NATIONAL COMMITTEE FOR THE
PREVENTION OF TORTURE (NCPT), THE NATIONAL PREVENTIVE
MECHANISM AGAINST TORTURE AND OTHER CRUEL, INHUMAN
AND DEGRADING TREATMENT OR PUNISHMENT IN THE
PHILIPPINES, PROVIDING A FRAMEWORK FOR IMPLEMENTING
OBLIGATIONS UNDER THE OPTIONAL PROTOCOL TO THE
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN
OR DEGRADING TREATMENT OR PUNISHMENT (OPCAT), AND
APPROPRIATING FUNDS THEREFOR

SEC. 1. Short Title. -This Act shall be known as the “National Committee for
Prevention of Torture (NCPT) and OPCAT Implementation Act of 2014".

SEC. 2. Statement of Policy.—It is hereby declared the policy of the State to:

a) Recognize the inherent dignity of every human person;

b) Guarantee full respect for fundamental human rights giving highest
priority to the enactment of measures that protect and fulfill the right to
life, the right to liberty and security of all persons, and the right to be free
from torture and other cruel, inhuman and degrading treatment or

punishment;

°)

Adhere to the principles and standards on the protection and promotion
of human rights, especially of persons deprived of liberty under the 1987


Philippine Constitution, Republic Act No. 7438 (Code of Custodial
Investigation), Republic Act No. 9745 (Anti-Torture Law), and other
related laws;

Adopt the principles under the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (UNCAT) and implement the obligations under the Optional
Protocol to the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (OPCAT), which commit the
Philippine Government to

1) Establish a system of regular, unannounced, and unrestricted visits
in the Philippines undertaken by an independent national body of
experts to places where persons are deprived of their liberty, in
order to prevent torture and other cruel, inhuman or degrading
treatment or punishment;

2) Recognize and promote the importance of preventive visits and
being different in purpose and methodology from other types of
visits to places of deprivation of liberty;

3) Allow visits, in accordance with the OPCAT, by the Subcommittee
on Prevention of Torture and Other Cruel, Inhuman or Degrading,
Treatment or Punishment (SPT) to any place under its jurisdiction
and control where persons are or may be deprived of their liberty,
either by virtue of an order given by a public authority or at is

instigation or with consent or acquiescence, with the view of

strengthening the protection of persons against torture and other
cruel, inhuman or degrading tretament or punishment;

4) Provide all relevant information that the SPT may request to
evaluate the needs and measures that should be adopted in order to
strengthen the protection of persons deprived of their liberty
against torture and other cruel, inhuman or degrading treatment or
punishment;

5) Examine the recommendations of the SPT and enter into dialogue
with it on possible implementation measures;

6) Grant the SPT the following guarantees:
i) Unrestricted access to all information concerning the number of

persons deprived of their liberty in places of deprivation of
liberty as well as the number of places and their location;

wv


ii) Unrestricted access to all information referring to the treatment
of those persons as well as their conditions of deprivation of
liberty;

iii) Unrestricted access to all places of deprivation of liberty and
their installation and facilities;

iv) The opportunity to have private interviews with the persons
deprived of their liberty without witnesses, either personally or
with a translator if deemed necessary, as well as with any other
person who the Subcommittee on Prevention believes may
supply relevant information;

v) The liberty to choose the places it wants to visit and the persons
it wants to interview;

7) Establish the National Committee for the Prevention of Torture
(NCPT) mandated to prevent torture and ill-treatment and reduce
the risks that give rise to the practice by conducting regular
preventive monitoring visits to places of deprivation of liberty and
examine the treatment and conditions of persons deprived of their
liberty including policies, procedures and practices of custodial
agencies as well as national Jaws that affect their well-being and
rights;

8) Recognize NCPT’s power and authority to make recommendations
to relevant authorities and monitor the implementation of such
recommendations with the aim of preventing torture and other
cruel, inhuman or degrading treatment or punishment and
improving the treatment and conditions of persons deprived of
their liberty;

9) Examine the recommendations of the NCPT and enter into a
dialogue with it on possible implementation measures;

10) Encourage and facilitate contacts between the SPT and the NCPT;

11)Take effective steps to implement measures based on the
observations and recommendations of the NCPT and the SPT;

12) Recognize the importance of other visiting groups regularly visiting
places of deprivation of liberty such as local and international non-
government organizations and government mechanisms working
for the well-being of persons deprived of theit liberty.

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e) Work with the NCPT and the SPT in the implementation of measures
based on the observations and recommendations of the preventive
monitoring expert bodies in order to reduce the risks that give rise to
torture and ill-treatment;

£) Recognize the value of and support the public information, education and
communication work of the NCPT and the SPT, and support the
publication and dissemination of the materials produced by the
preventive monitoring bodies; and,

g) Recognize the authority of the SPT to conduct in-country preventive
monitoring visits and their observations and recommendations with due
consideration to the same powers and functions it shares with the NCPT.

SEC. 3. Definition of Terms. -

(a) Deprivation of Liberty refers to any form of detention or imprisonment, or
the placement of a person in a public or private custodial setting where the
person is not permitted to leave at will by order of any judicial,
administrative or other authority or any situation prudently and
judiciously determined by the NCPT and SPT to be deprivation of liberty;

(b) Other Cruel, Inhuman or Degrading Treatment or Punishment refers to the
deliberate or aggravated treatment or punishment inflicted by a person in
authority or agent of a person in authority against a person under his/her
custody, which attains a level of severity causing suffering, gross
humiliation or debasement to the latter;

(©) Persons deprived of liberty refers to any person placed in any form of
detention or imprisonment, or placed in a public or private custodial
setting which that person is not permitted to leave at will by order of any
judicial, administrative or other authority, or any person prudently and
judiciously determined by the NCPT and the SPT as persons deprived of
their liberty;

(d) Places of Deprivation of Liberty refers to any place of detention, confinement,
imprisonment, commitment, or placement of person in a public or private
custodial setting under the Philippine’s jurisdiction and control where
persons are or may be deprived of their liberty, either by virtue of an order
given by a public authority or at its instigation or with its consent or
acquiescence. Places of deprivation of liberty also include but shall not be
limited to those unofficial places of detention where persons are suspected
of being illegally detained or not permitted to leave the place at will by
order of any judicial, administrative or other authority and any place
which the NCPT judiciously believes that persons may be deprived of
their liberty;



Places of deprivation of liberty encompasses traditional and non-
traditional places of detention, whether temporary or permanent, formally
or informally used as a detention facility maintained and/or managed by
public or private authorities and/or under regulation by government.
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 or which establishment,
operation, and maintenance of the same is punishable under Section 14 (i)
of R.A. 9745 (Anti-Torture Act of 2009).

Places of deprivation of liberty shall include but shall not be limited to the
following examples: police stations, barangay holding centers, pre-trial
centers / remand prisons, prisons for sentenced persons, juvenile
detention centers, border police facilities and transit zones at land
crossings, international ports and airports, immigrant and asylum-seeker
detention centers, psychiatric institutions, care homes for older people,
security or intelligence services facilities, military forts and camps, and
other facilities under military jurisdiction, places of administrative
detention, means of transport for the transfer of prisoners (e.g., police
vans), hospitals, home-based or medical/health-related detention
facilities, drug rehabilitation centers and other similar and/or makeshift
places of confinement where persons are not permitted to leave at will;

(c) Sub-Committee on the Prevention of Torture (SPT) refers to the Sub-
committee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment of the Committee against Torture,
established under the Optional Protocol to the UN Convention Against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(OPCAT);

(f) Torture refers to an act by which severe pain or suffering, whether physical
or mental is intentionally inflicted on a person for such purposes as
obtaining from him/her or a third person information or a confession,
punishing him/her for an act he/she or a third person has committed or is
suspected of having committed, or intimidating or coercing him/her or a
third person, or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a person in authority or agent of a person in
authority, as defined by Republic Act No. 9745, otherwise known as the
“Anti-Torture Act of 2009.” It does not include pain or suffering arising
only from, inherent in or incidental to lawful sanctions;

(g) Unannounced access refers to access to all places of deprivation of liberty, at
all times, without prior notice or authorization;


(h) Unrestricted access refers to free access to places of deprivation of liberty
without any restrictions of any kind imposed by authorities, more
specifically the following:

(1) All persons deprived of liberty with the opportunity to have private
interviews with them without witnesses, either personally or with
translator if deemed necessary;

(2) All custodial personnel relevant to the treatment of persons
deprived of their liberty;

(3) Any other person whom the NCPT and the SPT believe may supply
relevant information;

(4) Alll information concerning the number of persons deprived of their
liberty in places of deprivation of liberty, as well as the number of
places and their location;

(5) All information referring to the treatment of those persons as well
as their conditions of deprivation of liberty; and,

(6) All places of deprivation of liberty and their installations and
facilities

Further, unrestricted access includes liberty to choose the places that the
NCPT and SPT want to visit and the persons they want to interview.

SEC. 4. Creation. —There is hereby created an independent body to be known
as the National Committee for Prevention of Torture (NCPT) for the purpose of
preventing torture and other cruel, inhuman or degrading treatment or punishment.
The NCPT shall be an office independent of government in accordance with the UN
Paris Principles Relating to the Status of National Human Rights Institutions. It shall
be attached to the Commission on Human Rights (CHR) solely for budgetary
purposes. It shall function separately from the CHR and discharge its mandate
independent of government under this Act.

SEC. 5. Objectives. ~The National Committee for Prevention of Torture shall
have the following objectives:

a) Carry out regular, unannounced visits to places of deprivation of liberty
and open up otherwise obscure places to independent public scrutiny to
condition custodial authorities to consistently perform their duties within
the bounds of official and legal procedures and standards so that torture
and ill-treatment can be prevented;


b) Undertake preventive monitoring visits to examine and assess policies,
procedures and practices in places of deprivation of liberty and identify
the risks that give rise to torture and ill-treatment with a view of
strengthening the protection of persons deprived of their liberty and
improving, their material living conditions in accordance with the UN
Standard Minimum Rules on the Treatment of Prisoners (SMRTP) and
existing obligations and standards set by the UNCAT;

©) Review national laws, policies and procedures that relate to the treatment,
well-being and rights of persons deprived of their liberty and recommend
for their repeal or amendment or the enactment of laws with the view of
strengthening the protection against torture and cruel, inhuman or
degrading treatment or punishment;

d) Submit observations and recommendations in relation to the visit
conducted and review undertaken under subsections (b) and (c),
respectively of this Section, to relevant authorities so that these may be
rendered into concrete implementation measures;

e) Require relevant and competent authorities to examine _ its
recommendations, and enter into a dialogue with the NCPT to discuss
implementation measures and to fulfill agreed upon positive actions
toward reforms, and whenever necessary, providing them the needed
technical assistance;

f) Consider requests for visits based on reports by civil society or any other
group or individual recommending policy, procedural or practice reforms
ina place of deprivation of liberty;

g) Promote public awareness on its work as an NPM and the system of
preventive monitoring visits, the right to be free from torture and cruel,
inhuman or degrading treatment or punishment and the rights of persons
deprived of their liberty;

h) Train and capacitate relevant authorities charged with the treatment of
persons deprived of their liberty; and,

i) Take effective practical steps and measures to comply with existing
obligations and standards set forth by the UNCAT, SMRTP, and the
OPCAT, the NCPT being an operations instrument more than one that
prescribes new obligations and standards.

SEC. 6. Guarantees of the NCPT.—The Executive, Legislative and Judicial
branches of government shall guarantee the NCPT the following:


a) Full and unrestricted access to all information concerning the number of
persons deprived of their liberty in places of deprivation of liberty, as well
as the number of places and location;

b) Full and unrestricted access to all information referring to the treatment of
those persons as well as their conditions of detention;

c) Fulland unrestricted access to all places of deprivation of liberty and their
installation and facilities;

d) Liberty to conduct private interviews with persons deprived of liberty
without witnesses, either personally or with a translator if deemed
necessary, as well as with any other person who in the discretion of the
Committee possesses relevant information;

e) Liberty to choose the places to visit and persons to interview, and when
these should take place;

{) Freedom for its members to be accompanied, if needed, by an expert with
relevant expertise, experience and knowledge as the Chairperson may
determine, on visits to places of detention;

g) Freedom to determine its own rules and procedures, including. its
programs of visits;

h) Liberty to require competent Philippine authorities concerned to examine
the recommendations of the NCPT and enter into a dialogue with it on
possible implementaion measures;

i) Liberty to require relevant government agencies to fulfill their
recommendations by implementing measures accordingly;

j) Freedom to promote public awareness on its work as an NPM and the
system of preventive monitoring visits, the right to be free from torture
and cruel, inhuman or degrading, treatment or punishment and the rights
of persons deprived of their liberty; and,

k) Freedom to publish regular and annual reports and information,
education and communication materials and have these disseminated
nationwide.

SEC. 7. Powers of the NCPT, ~The NCPT shall have the following powers:
a) Conduct regular, unannounced visits to places of deprivation of liberty to

prevent torture and other, cruel inhuman or degrading treatment or
punishment;


b)

d)

°)

Examine and assess during visits the custodial policies, procedures and
practices and all other aspects relevant to the treatment and material living,
conditions of persons deprived of their liberty, in order to identify risks
that give rise to torture and cruel, inhuman or degrading treatment, and
find practical ways to improve their well-being and protect their rights;

Examine and review national laws, policies and procedures that relate to
the treatment, well-being and rights of persons deprived of their liberty
and propose the amendment, repeal or enactment of laws with the view of
strengthening the protection against torture and cruel, inhuman or
degrading treatment or punishment;

Submit to the House of Representatives, the Senate, and the President its
observations, recommendations and proposals relating to the rights and
protection of persons deprived of their liberty, and provide relevant
authorities with the same for the latter to undertake the necessary
implementation measures;

Refer for investigation to the Commission on Human Rights or the
appropriate investigative agency of government, any complaint made by a
detainee with his/her consent or any factual incident of torture, ill-
treatment or other human rights violation or abuse it discovers during its
vis

Work, where appropriate, in cooperation or consultation with any person
or body, whether public or private, in connection with the discharge of
any of its functions under this Act and the OPCAT;

Maintain direct, and if necessary, confidential contact with the SPT to
strengthen the capacity and mandate of the NCPT for the prevention of
torture and other cruel, inhuman or degrading treatment or punishment
and the protection of persons deprived of liberty;

Publish information covered by its visitation of the matters mentioned in
paragraphs (a), (b), (c), (d), and (e) hereof, when circumstances so warrant,
and with due prudence: Provided, That the NCPT under its rules and
regulations and having high regard for confidentiality rules and informed
consent, may determine what information is confidential and may not be
made public: Provided further, That any publicity issued by the said Board
shall be balanced, fair and true. However, the NCPT shall not publish or
pass on personal data relating to any person without the latter’s express
consent;

Promote public awareness through publication and dissemination of
information and education materials on its work as the NCPT, the right to


be free from torture and cruel, inhuman or degrading treatment or
punishment, and the rights of persons deprived of their liberty; and,

j) Submit an independent annual report to be received, published and
disseminated by government, which shall include an annual budget and
expenditures report.

SEC. 8. Composition, — The NCPT shall be a collegial body composed of one
(1) Chairperson and eight (8) board members. The Chairperson and seven (7)
members of the board shall be appointed by the President, One (1) of the eight
board members shall be a Commissioner from the Commission on Human Rights
who shall serve as an ex-officio member of the Committee.

‘The Committee Members shall possess the following qualifications:
a) Shall be institutionally independent from alll branches of government;

b) Shall be of high moral character, recognized probity, competence, integrity
and have a strong commitment to uphold human rights;

©) To ensure multi-disciplinary and pluralistic representation, the
composition of the Board shall include members with proven professional
knowledge and experience in the field of human rights, law, medicine,
psychology, psychiatry, forensic science, prison management,
employment, industrial relations, police administration, education,
sociology, or social work:

1) Atleast two (2) members must be members of the Philippine bar who
have been engaged in the practice of law for at least seven (7) years;

Lv

At least two (2) members must be doctors who have been engaged in
the practice of medicine in the fields of psychology, psychiatry, or
forensic, for at least seven (7) years;

2s

At least three (3) members must represent civil society organizations
engaged in advocacy work for the rights of persons deprived of liberty
for at least seven (7) years; and,

no

At least one (1) member must possess expertise in the administration of
justice, criminal law, prison or police administration;

d

Must have a clear, broad, and deep understanding and commitment to
human rights protection, promotion, and advocacy.


Further, the composition of the Committee must observe a balanced gender
representation on the basis of the principles of equality and non-discrimination and
adequate representation of ethnic and minority groups.

SEC. 9. Term of the Committee Members.—The Committee members shall
serve for a term of five (5) years. To ensure that the NCPT is a continuing body, the
first batch of appointments shall be on a staggered basis. The Chairperson shall be
appointed for a term of five (5) years. The first two members to be appointed shall
hold office for five (5) years, the next three members shall hold office for four (4)
years and the last two members shall hold office for three (3) years. Succeeding
appointments shall serve for five years without reappointment, In no case shall they
be appointed, reappointed or designated in a temporary or acting capacity.

The Committee shall organize itself within sixty (60) days from the
completion of the appointment process of all committee members and. shall
thereafter organize its Secretariat.

SEC. 10. Salaries, Emoluments and Benefits.~The Chairperson and the
Members of the NCPT appointed by the President, shall receive the basic salary,
privileges, other emoluments, and retirement benefits equivalent to that of an
associate justice and a judge of a regional trial court, respectively, which shall not
be decreased during their term of office.

SEC, 11. Organizational Structure of the NCPT.—The Organizational
Structure of the NCPT shall consist of the Committee and its Secretariat.

‘The Committee shall be assisted by a Secretariat, which shall be composed of
an Executive Director and at least two (2) Deputy Directors ~ one (1) for Operations
and one (1) for Administrative and Finance matters - together with their respective
technical staff and field units that shall be established to support and follow-up the
regular visits undertaken by the NCPT Members.

The Executive Director and his Deputies shall have expertise in human rights
specializing in fields relevant to the treatment of persons deprived of liberty.

The Committee shall appoint the Executive Director and Deputy Directors.
‘The Chairperson shall appoint all other officers and staff of the NCPT.

Whenever necessary, the Committee may hire additional contractual
employees or contract the services of an expert with the relevant professional
experience, expertise, and knowledge, to assist in the discharge of its functions
under this Act. Provided, That the maximum contract amount per year shall not
exceed more than fifteen percent (15%) of the total annual operating budget of the
Committee.


SEC, 12. Relationship and Cooperation with Government and Civil Society
Organizations,—To achieve coordination and cooperation among the NCPT, SPT,
civil society organizations, media, and other international, national, and regional
human rights mechanisms, the NCPT shall apply a human rights-based approach to
performing its mandate and functions, and shal! maintain direct regular contact and
practice the constructive dialogue working method for the effective and full
implementation of this Act.

Government authorities and private organizations or entities mandated to
protect and promote the rights of persons deprived of liberty shall cooperate with
and promptly respond to the recommendations, proposals, and other requests of the
NCPT in the conduct of their mandate.

SEC, 13. Confidentiality. — Personal information collected by the NCPT shall
be confidential. No personal data shall be published without the express consent of
the individual concerned.

SEC. 14. Protection from Criminal Liability, Other Sanctions and
Reprisals. —

a) No authority or official shall order, apply, permit or tolerate any sanction
against any person or organization for having communicated to the NCPT
and the SPT any information, and no such person or organization shall be
otherwise prejudiced in any way.

b) Relevant authorities shall take effective steps to prevent and promptly
respond to any sanctions or acts of reprisals stemming from
communications to or cooperation with the NCPT and the SPT.

©) No criminal, disciplinary or administrative sanction shall be taken against
any person for having communicated, in good faith, any information to
the NCPT or the SPT.

d) Anything done, or purported to be done, in good faith, and pursuant to
the functions and powers conferred under this Act or in respect of any
publication by or under the authority of the Committee of any report,
proceedings or any other matter under this Act shall not be a ground for
action, suit or other legal proceedings against the Committee or a member
or officer of the Committee.

SEC. 15. Private Legal Assistance. —The Committee Members, Officers and
Staff of the NCPT are hereby authorized to engage the services of private lawyers or
extend counsel immediately upon receipt of notice that an administrative, civil,
criminal action, suit or proceeding is filed against them, The lawyer's fee shall be
part of the indemnification package for the NCPT Members, Officers and Staff,
subject to the provisions of Secton 18 hereof.

12


SEC. 16. Indemnification of NCPT Committee Members, Officers, and Staff. —
There shall be an indemnification package for the Committee Members, Officers,
and Staff, which may be in the form of free legal assistance, liability insurance, and
other forms of protection and indemnification for all costs and expenses reasonably
incurred by such persons in connection with any administrative, civil or criminal
action, suit or proceeding to which they may be, or have been made a party by
reason of the periormance of their functions or duties, unless they are finally
adjudged in such action or proceeding to be liable for gross negligence or
misconduct, or grave abuse of discretion.

SEC. 17. Information Sheet on Persons Deprived of their Liberty and Places
of Deprivation of Liberty.—The Philippine National Police (PNP), the Bureau of
Corrections (BuCor), the Bureau of Jail Management and Penology (BJMP), the
Department of Social Welfare and Development (DSWD), provincial government
units with control or supervision of jails and other government or private
institutions with with jurisdiction, control and/or oversight of places of deprivation
of liberty shall make an updated information sheet of all deprivation of liberty
facilities under their respective jurisdiction with the corresponding data on the
persons deprived of their liberty under their custody, such as, among others, names,
date of deprivation of liberty, exact reason for deprivation of liberty and the
conditions in the places of deprivation of liberty. Such information sheet shall be
perioctically updated by the same agencies and institutions within the first five (5)
days of every month at the minimum. The format of the information sheet shall be
prescribed by the NCPT and transmitted to the agencies and institutions at the
soonest possible time. The list prescribed by Section 7 of RA 9745 shall also be
submitted to the NCPT within the first five (5) days of every month at the minimum.

SEC, 18. Other organizations conducting visits to places of deprivation of
liberty.—The provisions of this act and the establishment of the NCPT shall be
without prejudice to the importance of visits to places of deprivation of liberty
regularly undertaken by other groups such as local and international non-
government organizations, lay persons groups, faith-b organizations and
government mechanisms working for the well-being of persons deprived of their
liberty.

SEC. 19. Public Education, Information and Awareness Campaign.—The
NCPT, in partnership with the Philippine Information Agency (PIA), the
Commission on Human Rights (CHR), government departments and_ local
government units and agencies with jurisdiction, control and/or oversight of places
of deprivation of liberty, and such other concerned parties in both the public and
private sectors shall inform the public, persons in authority and agents of persons in
authority on the existence of the NCPT, the SPT, the OPCAT, the rights of persons
deprived of their liberty, the importance of preventive visits, the need to cooperate
with the said visiting bodies and implement measures based on_ their
recommendations. This shall be done through a programmatic nationwide

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awareness-raising campaign, and in line with Section 21 of RA 9745, shall be
included in the training of law enforcement personnel, civil or military, medical
personnel, public officials and other persons, whether public or private, who may be
involved in the custody, interrogation or treatment of any individual subjected to
arrest, detention, imprisonment or any form of deprivation of liberty. Furthermore,
authorities shall make use of popular media such as government-owned TV and
radio as well as other such resources at its disposal in undertaking the public
information and education campaign. The Department of Education (DepEd) and
the Commission on Higher Education (CHED) shall also include information on the
OPCAT, SPT, NCPT and the preventive monitoring methodology in the integration
of human rights education courses in all primary and tertiary level academic
institutions nationwide in line with Section 21 of RA 9745.

SEC. 20. Appropriations. ~The Committee shall have an initial budget of one
hundred million pesos (PHP100,000,000.00) for maintenance and other operating
expenses to be sourced from the President's Contingency Fund under the
Presidential Social Fund. Subsequent funding requirements shall be included in the
annual General Appropriations Act.

This budget shall not be utilized for any other purpose apart from NCPT
work as determined by the NCPT Committee, in accordance with law.

SEC, 21. Implementing Rules and Regulations.—The Committee shall
formulate the implementing rules and regulations within ninety (90) days from the
time the Committee first convened. The Committee shall coordinate with the
Commission on Human Rights, Department of Interior and Local Government,
Department of Health, Department of Social Welfare and Development, Department
of Justice, Department of National Defense, Philippine National Police, and other
relevant Government Agencies and Civil Society Organizations working in the
various fields relevant to the treatment of persons deprived of their liberty,

The IRR shall be effective after fifteen (15) days following its publication in
the Official Gazette or in two (2) newspapers of general circulation.

SEC. 22. Separability Clause.—If any provision of this Act is held
unconstitutional, other provisions not affected thereby shall remain valid and
binding.

SEC. 23. Repealing Clause.—All laws, presidential decrees, letters of
instructions, executive orders, rules and regulations insofar as they are inconsistent
with this Act, are hereby deemed repealed or modified accordingly.

SEC. 24. Effectivity.—This Act shall take effect after (15) days following its
publication in the Official Gazette or in two {2) newspapers of general circulation.