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 CONGRESS OF THE REPUBLIC ) .( 
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jljkj 30 f-72 :29 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
I 
S.B.NO. ’ 
Introduced by SENATOR LUISA “LOP’ P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Filipinos are among the world’s foremost heroes and advocates of fieedom. 
To demonstrate and exempli@ that avid regard and concern for human rights, the 1987 
Constitution under Section 11 of Article 11 declares “The State values the dignity of 
every human person and guarantees full respect for human rights.” Consistent with this 
declared policy, it supports under Section 12 of Article I.tI the “Compensation to and 
rehabilitation of victims of torture or similar practices, and their families.” 
A military, police and/or other law enforcement agencies’ operation to suppress 
rebellion or to pursue and/or apprehend criminal elements, no matter how cautiously 
conducted, invariably causes damages upon innocent civilians and non-combatants. 
Unfortunately, there is no existing government mechanism that compensate for these 
damages that come in the form of physical and/or psychological injuries, death and/or 
destruction of properties. Hence, the proposed measure seeks to fill in this void in order 
to prove to the citizenry that the government means no harm to them and that such 
damages are inevitable consequences of the government’s duty to defend itself and 
protect its people. 
Critics may argue that indemnikation of this kind should only be practiced by 
rich countries and not by cash-strapped Third World countries such as the Philippines. 
This assumption is wrong, As justice is universal, rect-g 
injustices must be universal 
too, exempting no one - not even on account of poverty that is in poor taste if invoked as 
a way of escaping the duty to indemnie. 
The early passage of this bill is earnestly sought. 
LUISA “LOP’ 
EJERCITO ESTRADA 
Senator 


First Regular Session 
S .  B. NO. 
S E N A T E  
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR REASONABLE COMPENSATION AND BENEFITS FOR 
THE LOSS OF LIVES, INJURTES AND DAMAGES TO PROPERTY SUFFERED 
BY THE MILITARY, POLICE AND/OR OTHER LAW ENTORCEMENT 
AGENCIES AND FOR OTHER PURPOSES 
BY NON-COMBATANT INDIVIDUALS IN THE COURSE OF OPERATIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Declaration of Policy. - It shall be the policy of the State to 
provide compensation to and rehabilitation of non-combatant individuals and their 
families caught in the crossfire of operations by the military, police and/or other law 
enforcement agencies. 
SECTION2. Definition of Terms. 
- The following terms, as defined 
accordingly, shall be used in this Act: 
a) 
Non-Combatant victims shall be those individuals who have not directly or 
actually participated in an armed confrontation or those persons who have 
not directly or indirectly caused the encounter involving the military, 
police, and/or other law enforcement agencies. Civilian officials and 
personnel of the government of the Philippines who have not directly or 
actually participated in the aforementioned armed confrontation shall be 
deemed included in the term non-combatant individuals. 


, 
SECTION 3. The 
Board 
of 
Compensation 
and 
Rehabilitation: 
Compositions, Powers and Functions. 
- 
There is hereby created a Board of 
Compensation and Rehabilitation under the Commission on Human 
Rights, herein 
referred to as the Board, to be composed of one (1) chairman to be appointed by the Chair 
of the Commission and four (4) members representing the Department of Social Welfare 
and Development, the Department of National Defense, the Department of Interior and 
Local Government and the human rights non-governmental organizations and people’s 
organizations. 
The Board shall have the following powers and hnctions: 
a) 
To receive, evaluate, process and investigate applications for claims under 
this Act; 
To conduct an independent administrative hearing and resolve applications 
for claims, grant or deny the same; and 
To deputize appropriate government agencies in order to effectively 
implement its fbnctions. 
b) 
c) 
SECTION 4. Compensation and Rehabilitation of Non-Combatant Victims. 
- 
The law enforcement agencies conducting the operation, the Department of Social 
Welfare and Development, the Department of Health, the corresponding government 
hospitals and the local government unit concerned shall provide immediate relief to non- 
combatant individuals who are victims of operations of the military, police andlor other 
law enforcement agencies. However, whatever amount a particular local government 
unit might shell out to fulfill the intent of this Act shall be reimbursed by the Board. 
The Board, upon favorable resolution of the claims, shall award the following: 


a) 
Where death of a non-combatant individual occurs in the course of an 
operation conducted by the military, police and/or other law enforcement 
agencies, the amount of FiRy Thousand Pesos (PS0,OOO.OO) shall be 
granted to the legal heirs of the victim by way of a death benefit; 
Where physical, emotional and/or psychological injury is caused to a non- 
combatant individual in the course of an operation conducted by the 
military, police and /or other law enforcement agencies, the Board shall 
pay the victim the cost of hospitalization and other related and 
consequential damages resulting fiom such injury; and 
Where loss of or damage to property of a non-combatant individual is 
caused in the course of an operation conducted by the military, police 
and/or other law enforcement agencies, the Board shall pay the amount 
corresponding to the assessed value of the property lost or destroyed or the 
amount mutually agreed upon by the parties. 
b) 
c) 
SECTION 5. Unlawful Operations. 
. 
An 
Operation 
by 
the 
military, police and/or other law enforcement agencies shall be deemed unlawfirl when it 
is conducted in such a way that there is absolutely no justification for its undertaking or it 
is a clear violation of the constitution, existing laws and basic human rights of the people 
in the community. 
Simulated encounter by the military, police and/or other law 
enforcement agencies shall also be considered unlawful under this Act. 
SECTION 6. Liability of Concerned Law Enforcement Agency. - 
Where 
the operation conducted by the military, police and/or other law enforcement agencies 
falls under Section 5 of this Act, the concerned military, police and/or other law 
enforcement agency shall pay jointly and severally the compensation awarded by the 
Board. 


The commanding officers, as well as all elements of the military, police and/or 
other law enforcement agencies who actually and directly participated in an unlawfirl 
operation shall be criminally prosecuted and charged with before a competent court, and 
shall be punished with imprisonment of six (6) years to twelve (12) years. 
SECTION 7. Appropriation. 
- 
Such amount as may be necessary 
for the implementation of this Act shall be included in the budgets of the Commission on 
Human Rights, the Department of Social Welfare and Development, the Department of 
National Defense, the Department of Interior and Local Government, the Department of 
Health, and other concerned government agencies in the General Appropriations Act of 
the year following its enactment into law and every year thereafter. 
SECTION 8. Implementing Rules and Regulations. 
- 
The 
Commission on Human Rights, in consultation, coordination and collaboration with the 
Department of Social Welfare and Development, the Department of National Defense, 
the Department of Interior and Local Government, and human rights non-governmental 
organizations and people’s organizations, shall prepare the implementing rules and 
regulations necessary to carry out the provisions of this Act. 
SECTION 9. Separability Clause. - 
All 
laws, 
presidential 
decrees, 
executive orders, rules and regulations or any part thereof, which are inconsistent 
herewith are deemed repealed or modified accordingly. 
SECTION 10. Effectivity Clause. - 
This Act shall take effect fifteen (1 5) 
days after its publication in at least two (2) newspapers of nationd circulation. 
Approved,