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

SIXTEENTH CONGRESS
First Regular Session

1472

House Bill No.

Introduced by Representatives
NERI J. COLMENARES, CARLOS ISAGANI T. ZARATE,
LUZVIMINDA C. ILAGAN, EMMI A, DE JESUS, ANTONIO L.'TINIO,
FERNANDO HICAP and TERRY RIDON

AN ACT DEFINING CERTAIN RIGHTS OF HUMAN RIGHTS DEFENDERS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF IN
IMPLEMENTATION OF THE 1998 U.N. DECLARATION ON THE RIGHTS
AND RESPONSIBILITY OF INDIVIDUALS, GROUPS AND ORGANS OF
SOCIETY TO PROMOTE AND PROTECT UNIVERSALLY RECOGNIZED
HUMAN RIGHTS OR OTHERWISE KNOWN AS THE UN DECLARATION ON
HUMAN RIGHTS DEFENDERS

EXPLANATORY NOTE

‘The Philippine government was one of the 48 original signatories to the Universal Declaration
of Human Rights in 1948, The government later signed and ratified the multilateral treaties on
human tights namely The Intemational Covenant on Civil and Political Rights and The
Intemational Covenant on Economic, Social and Cultural Rights. These official acts of the
Republic of the Philippines is a commitment that the government shall not only respect human
rights but must also protect and promote these rights.

However, despite these commitments human rights violations continue to plague the
Philippines. The international community, including the United Nations have expressed serious
concetn over the systematic and continuing violations of human rights, including the
phenomena of extra judicial killings and enforced disappearances. It is within this context that
the need for and the importance of human rights detenders coming from human rights groups
and advocates came to the fore.

‘These courageous band of human rights workers and advocates, from various sectors including
the farmers, religious, women, trade unions, indigenous peoples and tmuny other groups
concetned with human rights, managed to document human rights atrocities and persevere in
working for the protection of human sights during the darkest periods of Philippine history
when fundamental freedoms were trampled by the very government that committed to protect
these rights.


However, this international recognition of the importance of human rights defenders has
grimly been negated in the killings, disappearances, tortures, vilifications, persecutions,
harassments, and other abuses of human rights defenders.

Human rights defenders in the Philippines face human rights violations themselves in the
course of their work and these violations include killings, death threats, abductions and
kidnappings, arbitrary arrest and detention, and other actions of harassment and
intimidation, such as defamation campaigns and the filing of trumped up charges aimed
at harassing human rights workers. All these violations also target the immediate family
members of human rights defenders, (including their children), and their other relatives, so
as to prevent them from continuing their activities. Human rights campaigns are affected in
many regions in the country by restrictions on the activities and the persecution of human
rights defenders leaving the people more vulnerable to human rights abuse.

Worse, human rights defenders in the country have been tagged as “enemies of the state" by
government and harshly dealt with as such. Not a few of them like Eden Marcellana, Eddie
Gumanoy, Leima Fortu, and Benjaline Hernandez were brutally slain. From the time former
Pres, Gloria Arroyo became president up to the end of her term in June 2010, for example,
there were a total of 1,206 victims of extrajudicial, summary or arbitrary execution (or EJKs) in
the Philippines. Of the total number, 476 were human rights defenders (HRDs). There were
206 victims of enforced of involuntary disappearance 68 of whom were human sights
defenders. Scores from their ranks have been physically assaulted, tortured, treated
inhumanely, cruelly and degradingly, and threatened, harassed, and intimidated. ‘These
violations are continuously being committed with impunity by government security forces. All
these ae committed in line with Arroyo’s counter-insurgency program Oplan Bantay Laya,
which obfuscated the delineation of the armed opposition being waged by the Communist
Party of the Philippines and the legal and democratic people’s organizations. Those who
were tagged as “communists” or “terrorists” became targets of the counter-insurgency
program.

Under the present administration, human rights defenders are still under attack, what with the
implementation of the Aquino administration’s counter-insurgency program Oplan Bayanihan —
a militarist and deceptive operational plan which is no different from Arroyo's Oplan Bantay
Laya. Of the total 142° victims of extrajudicial killing, 68 are human rights defenders. Among
these are Fernando Baldomero, Pascual Guevarra, Father Fausto Tentorio, Jury Capion, Jimmy
Liguyon, Marilou Valle and Cristina Jose. There are now 14 victims of enforced or
disappearance, seven are human rights defenders. Majority of these defenders are leaders and
members of mass organizations of peasants, indigenous peoples, urban poor, women, church
workers, and youth.

Attacks against rights defenders also include harassment in the form of surveillance, and illegal
arrests and detention as a result of trumped-up charges. Among those arbitrarily detained and
charged with fabricated cases are human rights worker Zara Alvarez, church worker Anecita
Rojo, government union organizers Randy Vegas and Raul Camposano, and social worker Rene
Boy Abiva.

Women human rights defenders are particularly at risk, and other groups and categories of
defenders who are particularly exposed to attacks and human rights violations as a result of the
work they carry out include defenders working to promote civil and political rights- notably
freedom of expression and freedom of thought, conscience and association- as well as
economic, social and cultural rights, notably collective rights such as the right to food and

2


access to natural resources, including trade-unionists, and also those working for minorities!
and community rights, children's rights, indigenous peoples's rights, among others.

In July 2012, United Nations Special Rapporteurs Margaret Sckaggya, on human rights
defenders, and Christof Heyns, on extrajudicial killings, have sounded off their concern on

the significant increase in the reports of killings and death threats against human tights
defeaiders in the Philippines.

Sckaggya said “many of the cases involve individuals and organizations working to defend the
tight to a healthy environment...disputes over land rights and campaigns against mining and
dam projects infringing on the rights of local communities tend to be sensitive, and those
defending such rights are often met with violence.” Heyns commented that a number of the
death threats and killings appear to be perpetrated by paramilitary groups and security forces
both by the state and corporate actors. Both UN experts called on the Philippine government to
take effective measures to protect the right to life and the rights enshrined in the International
Covenant on Civil and Political Rights.

‘These attacks on human rights defenders were by no means limited to the Philippines. Despite
the international recognition of what is known today as the International Bill of Human
Rights, many countries not only continue to violate the rights of their people, but also attack
human rights workers and advocates who criticize governments for human rights abuses.

The international community, intending to protect an important cog in the mechanisms for the
protection of human tights, agrced (0 respond these attacks and promulgated a resolution
intended to emphasize the rights and importance of human rights defenders.

In recognition of the valuable roles of human rights monitors, documentarists, rapporteurs,
and advocates, the United Nations General Assembly, in its 85th Plenary Meeting on December
9, 1998, through General Assembly Resolution (A/RES/53/144) the "Declaration on the Right and
Responsibility of Individuals, Groups, and Organs of Society to Promote and Prot Universally Remenized
Human Rights and Fundamental Freedoms" or what is known in the United nations as the Declaration on
Human Rights Defenders.

Considering the important role of human rights defenders in the protection of human rights in
the country and the Philippine govenunent's international commitment to promote, defend
and protect human rights, it is imperative that the Congress should put into law that
‘commitment as enshrined in the UN General Assembly Resolution on the rights of human
rights defenders. It is necessary that the relevant provisions of this Declaration are translated
into a binding commitment not only to protect human rights but also those that work for the
protection of these rights so that they may be able to fulfill their important role in the
promotion, protection and defense of human rights and fundamental freedoms.

In this light, a law protecting human rights defenders and penalizing any violations of their rights
in the pursuance of their advocacy must be immediately enacted.

For these reasons, the expeditious approval of this bill is earnestly urged.


Approved,

Bayan Mucnh Parly-list

‘ Gads i l.
Hiados aust T. ZARATE Rep. FERNANDO

Bayan Muna Party-list Ablakspasis Parby-list

Rep. LUZVIMINDA C. ILAGAN naw es

Gabriela Women’s Party Teachers Party-list

Hehe
Rep. EMMI A. IKE JESUS

Gabriela Women's Party Kabataan Party-list


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

SIXTEENTH CONGRESS
First Regular Session

1472

House Bill No.

Introduced by Representatives
NERI J. COLMENARES, CARLOS ISAGANI T. ZARATE,
LUZVIMINDA C. ILAGAN, EMMI A. DE JESUS, ANTONIO L, TINIO,
FERNANDO HICAP and TERRY RIDON

AN ACT DEFINING CERTAIN RIGHTS OF HUMAN RIGHTS DEFENDERS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF IN
IMPLEMENTATION OF THE 1998 U.N. DECLARATION ON THE RIGHTS
AND RESPONSIDILITY OF INDIVIDUALS, GROUPS AND ORGANS OF
SOCIETY TO PROMOTE AND PROTECT UNIVERSALLY RECOGNIZED
HUMAN RIGHTS OR OTHERWISE KNOWN AS THE UN DECLARATION ON
HUMAN RIGHTS DEFENDERS

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

TITLE I- GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “HUMAN RIGHTS
DEFENDERS’ PROTECTION ACT OF 2013”,

SEC. 2. Declaration of Policy. - Consistent with the principles enshrined in the 1987
Constitution, the standards set by international humanitarian and human rights laws, and the
international laws and conventions adhered to by the Philippines, itis hereby declared a State policy
to promote and protect the rights of individuals engaged in the promotion and protection of human
rights and fandamental freedoms in the country.

‘This is so because the State recognizes the important role and the valuable work of
individuals, groups and associations in contributing to the effective elimination of ail violations of
human rights and fimdamental freedoms of peoples and individuals, inchiding in relation to mass,
flagrant or systematic violations such as those resulting from colonialism, foreign domination or
‘occupation, aggression or threats to national sovereignty, national unity or territorial integrity and
from the refissal to recognize the right of peoples to setf-determination and the right of every people
{fo exercise fll sovereignty over iis weulth and natural resources.


Likewise, the State is cognizant of the right and the responsibility of individuals,
groups and associations to promote respect for and foster knowledge of human rights and
fundamental freedoms at the local and national levels,

In this wise, the State therefore acknowledges its prime responsibility and duty to
adopt such steps as may be necessary to create all conditions as well as legal guarantees
required to ensure that all individuals engaged in the promotion and protection of human
rights under its jurisdiction are able, individually and in association with others, to enjoy all
their rights and freedoms in practice

SEC. 3. Definitions. — As used in this Act, the following terms shall mean:

(a) GOVERNMENT PERSONNEL ~ shall mean all persons currently employed in
government whether elected or appointed, whether contractual, casual or permanent,
including those serving as consultants;

(b) GOVERNMENT UNIT — shall include all, but not be limited to, departments, bureaus,
offices, boards, commissions, courts, tribunals, councils or sanggunian, authorities,
administrations, centers including health centers, institutes, state colleges and
universities, government owned and controlled corporations, local government units
which shall include a purok or sitio, governmental organizations, and any grouping of
the Armed Forces of the Philippines, Philippine National Police or other state security
forces, including a patrol of three military, police personnel, paramilitary or military
assets as defined herein, shall be considered a government unit,

(c) HEAD OF GOVERNMENT UNIT ~ shall mean the highest responsible officer of the
named government unit;

(d) HUMAN RIGHTS ~ any of the entitlements inherent to any individual, organization,
or state enumerated in the Bill of Rights and Declaration of Principles of the
Philippine Constitution, the rule on Habeas Corpus, the Rule on the Writ of Amparo,
the Rules on the Writ of Habeas Data, the Comprehensive Agreement on Respect for
Human Rights and International Humanitarian Law, the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights, the
Intemational Covenant on Economic, Social, and Cultural Rights, the Convention
Against Torture, and the Rome Statute on the International Criminal Court and other
similar or pertinent international instruments or conventions;

(¢) HUMAN RIGHTS DEFENDER ~ any individual who is bona fide connected to any
human tights organization whose main or substantial work and advocacy is to
promote the respect for, foster knowledge of, and protect any forms of human tights
and fundamental freedoms;


10}

3)

(hy

HUMAN RIGHTS ORGANIZATION - any non-government organization or
association which has as one of its main purposes the advocacy, enforcement, and
defense of any human right;

HUMAN RIGHTS VIOLATION ~ is any act committed by any government personnel
and/or unit, military affiliate, paramilitary, police and/or military asset, or any agent
of the state or an individual acting in its behalf, in violation of any human rights of
any individual, group or organization, registered or otherwise from which injury and
damage to any individual, mental or physical, or property or reputation or privacy of
any individual or organization shall be occasioned;

SUPERIOR OFFICER ~ shall mean the next government official who has supervisory
or control powers over the head of the government unit to whom the said head reports
and shall include, but not limited to, the president, the department secretaries, the
chief of staff of the Armed Forces of the Philippines, the commanding general or rear
admirals of any service in the Armed Forces of the Philippines, the director general of
the Philippine National Police;

SEC. 4. Presumptions and Prohibitions. —

a.) The following shall be presumed under this Act:

a
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@)

4)

A MISSION ORDER (MR) is a proof of being involved in a military operation,

‘A person held to account for a human rights violation is presumed to be a
government personnel, or @ military affiliate, or a paramilitary, or a military asset
when any government personnel who is asked in his official capacity about the
identity of the former denies in general terms the designation, position and
assignment of the same without giving any information that will lead to the
identification of the suspected human rights violator.

‘Any act of false labeling or name calling a human rights defender, or accusing
hinv/her of any offense, or any other kind of vilification, shall be presumed to be the
act of the government personnel reported to have labeled, name called, accused or
vilified the human rights defender, if within three days from being notified of
having made such act, said government personnel does not make any public
disclaimer of his reported labeling, name calling or accusation.

‘Any act of surveillance against a human rights defender reported to the proper
government office shall be presumed to be an act of a government agent, if within
three days from being notified of such act, the government office to whom the act of
surveillance was reported does not identify the individual who is doing the act of
surveillance, and the latter’s designation, position or assignment.



(5) Any act of threat and intimidation against a human rights defender through mobile
phone, land phone or the intemet reported to the proper government office shall be
presumed to be an act of a government agent, if within three days from being
notified of such act, the government office does not identify the possible
perpetrators of said act of threat or intimidation.

(6) Any bonafide member of a human rights organization shall be presumed to be
human rights defenders within the meaning of this act.

(7) Any complaint for human rights violations is presumed to be true and valid, unless
proven otherwise. This presumption, however, does not include the criminal, civil or
administrative liability of the individual/s accused to have perpetrated the said
human rights violation, which liability shall be proven by evidence beyond
reasonable doubt, preponderance of evidence or substantial evidence, as the case
may be.

(8) Any denial of any document or refusal to produce or present said document by the
government personnel or office or unit who has custody of the same when required
to be presented by any competent authority pursuant to any of the provisions of this
Act shall establish the allegation to which the said document is offered to prove.

b,) The following shall not be applicable or cannot be invoked in any criminal, civil, and
administrative complaint for any violation of this Act:

1) _ Presumption of regularity in the performance of duty;

2) Presidential immunity from suits

3) Confidentiality of any military activity, or that it is or affects national security
interests, if the issues raised are related to the work of human rights defenders; and

4) Executive Privilege as a defense .

TITLE I. RIGHTS OF HUMAN RIGHTS DEFENDERS

SEC. 5. Right to promote and protect human rights, - A human rights defender,
individually or in association with others, shall have the right to meet or assemble peacefully,
form, join and participate in non-governmental organizations, associations or groups, and to
communicate with non-governmental or intergovernmental organizations.

SEC. 6. Right to information about human rights. - He/she, individually and in
association with others, has the right to know, seek, obtain, receive and hold information
about all human rights and fundamental freedoms, including having access to information as
to how those rights and freedoms are given effect in domestic legislative, judicial or
administrative systems, freely to publish, impart or disseminate to others views, information


and knowledge on all human rights and fundamental freedoms, and to discuss, form and hold
opinions on the observance, both in law and in practice, of all human rights and fundamental
freedoms and, through these and other appropriate means, to draw public attention to those
matters.

SEC. 7. Right to develop and advocate human rights ideas. - He/she, individually
and in association with others, has the right to develop and discuss new human rights ideas
and principles and to advocate their acceptance,

SEC. 8. Right to participate in public affairs. - He/she, individually and in
association with others, has the right to have effective access, on a nondiscriminatory basis,
to participation in the government and in the conduct of public affairs. This includes the right
to submit to governmental bodies and agencies and organizations concerned with public
affairs criticism and proposals for improving his/her functioning and to draw attention to any
aspect of his/her work that may hinder or impede the promotion, protection and defense of
human rights and fundamental freedoms.

SEC. 9. Right to provide paralegal or legal assistance. - Vie/she, individually and in
association with others, has the right to offer and provide professionally qualified paralegal or
legal assistance or other relevant advice and assistance in defending human rights and
fundamental freedoms.

SEC. 10. Right to unhindered access to communication with human rights bodies. -
He/she, individually and in association with others, has the right to unhindered access to and
communication with local, regional, national and international bodies with general or special
competence to receive and consider communications on matters of human rights and
fundamental freedoms.

SEC. 11. Rights against vilification. He/she, individually and in association with
others, has the right against any act of false labeling or name calling, or of malicious and
fabricated accusations against him/her of any offense, or from any other kind of vilification.

SEC. 12. Right to participate in activities against human rights violations - He/she,
individually and in association with others, has the right to participate in activities against
violations of human rights and fundamental freedoms.

SEC. 13. Right to solicit, receive and utilize resources. - He/she, individually and in
association with others, has the right to solicit, receive and utilize resources for the express
purpose of promoting and protecting human rights and fundamental freedoms through
peacefill means, in accordance with article 3 of the present United Nations Declaration on
Humn Rights Defenders.

Sec. 14. Right to establish a sanctuary to human rights victims and/or their families
. — He/she, individually and in association with others, has the right to establish sanctuaries
for any human rights violation victim and/or their immediate families.


Said sanctuary shall be considered established if and when he/she gives confidential
notice to the Commission on Human Rights that said place, building or area has been
constituted as a sanctuary, and as such, entry to the said place, building or area including an
area of a radius of 100 meters around the said place, building or area shall be prohibited to
any government personnel, military asset, military affiliate, military unit, or paramilitary unit.

SEC. 15. Right to file an action involving human rights violations — human rights
organizations or associations as complainants. He/she, individually and in association with
others, has the right to file a complaint or a petition for any violation of human rights
violations, However, the consent of the victim must first be obtained as much as possible. In
the absence of such consent, the human rights organization or association may proceed with
filing the complaint or petition unless the lack or absence of consent is based on the threat to
the life, liberty or security of the victim or his or her family.

SEC. 16. Right to access documents of government units and personnel,
paramilitary units and personnel, and military affiliate and government assets. - He/she,
individually and in association with others, has the right to have effective access to all
government documents that pertain to any human rights defenders and/or organizations
and/or his/her/its/their activities and any document of such kind, including but not limited to
an order of battle, shall not be considered, confidential nor classified or which partakes of
executive privilege, or that which affects national security and said document/s shall be open
to public scrutiny.

TITLE 3. OBLIGATIONS OF THE GOVERNMENT

SEC, 17. Obligations of the government. ~The government shall have the following
obligations:

(a) To take all precautionary measures to ensure the protection of all human rights
defenders against any violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure, or any other arbitrary action as a consequence of their
legitimate exercise of their rights and duties as human rights defenders;

(b) To mandate alll its officers and employees, under pain of administrative sanctions,
not to participate, by act or by failure to act where required, in violating human
rights and fundamental freedoms, and the heads of offices or superior officers not
to subject any individual who refuses to participate in acts which violate or will
violate acts to protect, defend, uphold, and foster human rights, to punishment or
adverse action of any kind for refusing to do so;

10


(c) To require Human Rights Education as an obligatory curriculum in the, primary
and secondary levels, with an actual week spent with a human rights defender in
the locality;

(d) To require Human Rights Education as a six-unit subject (three as a lecture course
and three as a laboratory subject, which may include 20 hours work with any
human rights organization in the locality) in all colleges and universities;

(¢) It shall also be the duty of any government personnel, unit, government asset,
paramilitary and military affiliate to put into writing any instructions, orders, or
commands he or she or it issues to a subordinate or received by him or her or it
from a higher officer including the head of the government unit and to document
any action he or she or it takes in response to said instruction, order or command
including but not limited to operation report, spot report, evaluation report and
accomplishment report or any report or documentation submitted to the
commanding or superior or higher officer issuing said instruction, order or
command and that a logbook or journal shall be maintained listing all instructions,
orders, commands, issued and/or received, and all responses to said instructions
and all reports in compliance to said instructions, orders, commands in the said
book or journal in a day to day, month to month and year to year order, and the
said documents and logbooks and/or journals shall not disposed of unless and
until the Commission on Human Rights shall allow otherwise.

TITLE 4. REMEDIES TO ENFORCE THE RIGHTS

SEC. 18. Petition to Access Government Documents. - A request for access to any
document that pertain to any human rights defender, defenders and/or organizations and/or
his/her/its/their activities and any document of such kind, including but not limited to an
order of battle shall be made through a petition before the court in accordance with the Rules
of Ampato promulgated by the Supreme Court through AM No. 07-9-12 and/or Habeas Data
likewise promulgated by the Supreme Court through AM No, 08-1-16,

The documents so requested may not be specified by its title, heading, as any
description by class, kind, nature or function is sufficient for purposes of the petition and
respondent must deliver all documents as defined.

‘The government unit, personnel, asset, paramilitary unit or personnel (and military
affiliate) shall, upon receipt of the order of the court, including the superior officers up to the
level of the Chief of Staff, the Secretary of National Defense, and the Executive Secretary
shall immediately furnish the said document or require the concerned government unit,
personnel, asset, paramilitary unit or personnel (and military affiliate) to do so.

The documents can be inspected in chambers or executive session if the said
documents contain data and information that infringe on the privacy or security of, or that

a


which involves the reputation of the petitioner or of anybody mentioned and included in the
said document.

SEC. 19. Petition for Temporary Protection Order. - A request for a Temporary
Protection Order in favor of a human rights defender and against any government personnel
and units, paramilitary personnel and units, military assets (or military affiliates), shall be
made through a petition before the Commission on Human Rights.

The Commission shall immediately issue forthwith a Temporary Protection Order
after a petition shall be filed before it, and which can only be revoked after there is finding
that said petition is without any ground. However, a petitioner’s well-grounded belief that
he/she is under threat because of his/her work as a human rights defender shall constitute
sufficient ground for a Temporary Protection Order to be maintained and not revoked.

Furthermore, the Commission, motu propio or upon a complaint, may cite any
government personnel and units, paramilitary personnel and units, military assets, or military
affiliates for direct contempt for refusing to abide by the Temporary Protection Order.

The Commission shall promulgate its Rules and Procedures covering the Petition for
Temporary Protection Order and the Complaint for Contempt above-described within thirty
(30) days from the effectivity of this Act.

SEC. 20, Motion to Dismiss Criminal Complaint ~ A human tights defender can ask
the prosecutor or the court to dismiss a criminal complaint or information filed against
him/her on the ground that the said complaint/information is necessarily related to his/her
work as such human rights defender, or that the same is contravention of the letter and spirit
of this Act.

The foregoing, however, shall not bar the prosecutor or the judge from dismissing the
criminal complaint or information motu propio if and when he/she, by a mere reading of the
complaint/information and its supporting documents, finds the said complaint/information
violates the above-mentioned grounds.

In addition, he/she shall dismiss the complaint/information outright if it is a prima
‘facie case of harassment. In this regard, a complaint/information is prima facie a harassment
suit if the complaining witnesses, or any other witness against the human rights worker, is a
military, police or any state security force which has been complained of by the human rights
defender or his/her/its organization, or the unit, any member thereof or the superior of such
military, police or state security force, or a rebel returnee or an alleged co-conspirator in a
criminal act, or when the due process rights of the human rights workers ~ statutory or
constitutional ~ shall have been violated, This section shall apply retroactively to existing
cases against human rights defenders.

2


TITLE 5. PROTECTION OF WITNESSES OF VIOLATIONS OF THIS ACT

SEC. 21. Protection of any informant under this Act. - Any individual who shall
provide information and/or testify in any proceedings about any violations of this Act
committed by any government personnel, government unit, government asset, paramilitary
(and military affiliate) shall have all the rights and protections provided in this Act and shall
be considered for the purpose of his/her protection and only for such information and/or
testimony a human rights defender,

SEC. 22. How any threat to a witness shall be considered, - Any act that shall
threaten or attempt to threaten, harass or attempt to harass in any manner any individual who
shall testify against a government personnel, government unit, government asset, paramilitary
(and military affiliate) in any proceedings under this Act shall be considered committed by
the acts of the government personnel, government unit, government asset, paramilitary (or
military affiliate) to whom the testimony is being made against.

SEC. 23. Protection for government personnel, government asset, paramilitary
(and military affiliate) who provides evidence against any human rights violations. - No
head of a government unit or superior officer or higher officer (or handler of a military
affiliate) may discharge, demote, suspend, threaten, harass, sanction or in any manner
discriminate against any government personnel because of any lawful act done by the
government personnel, government asset, paramilitary (and/or military affiliate) to provide
information, cause information to be provided, or initiate or otherwise assist in an
investigation regarding any conduct which the government personnel, government asset,
paramilitary (and/or military affiliate) reasonably believes constitutes a violation of any
provision prescribed in this Act.

TITLE 5. PENALTIES

SEC. 24, Penalty for violations of Sections 5 to 16 of this Act. - The penalty of
prision mayor in its maximum period to prision temporal in its medium period without
privilege of parole shall be imposed upon any government personnel or the whole
complement of a government unit, the paramilitary personnel or the whole complement of the
paramilitary unit, the government asset (and/or the military affiliate) who violates any of the
rights of a human rights defender defined in Sections 5 to 16 of this Act,

SEC. 25. Penalty for destroying, altering, or falsifying records and document.. ~
‘The penalty of prision temporal in its minimum to its medium period or a fine of ONE
HUNDRED THOUSAND PESOS (Php100,000.00) or both, at the discretion of the court,
shall be imposed upon any government personnel or the whole complement of a government
unit, the paramilitary personnel or the whole complement of the paramilitary unit, the
government asset (and/or the military affiliate) who impede, obstruct, or influence any
preliminary investigation, administrative investigation and/or petition by altering, destroying,

43


mutilating, concealing, covering up, falsifying, or making any false entries in any record,
document, or specimen whereof, relative to any matter involving any human rights defenders,
defenders or organizations or activities.

SEC.26. Penalty for any other violations of this Act. - The penalty of prision
temporal in its minimum period or a fine of ONE HUNDRED THOUSAND PESOS
(Php100,000.00) or both, at the discretion of the court, shall be imposed upon ay individual
who violates any other provisions of this Act,

SEC. 27. Violations of this Act as aggravating circumstances. - Any violations of
any provisions of this Act committed on the occasion of a commission of a crime defined in
any penal laws shall be considered an aggravating circumstance in the imposition of the
penalty in said crime.

SEC. 28. Non-applicability of the Probation Law - Any violations of any provisions
of this Act which shall constitute the main crime or as an aggravating circumstance shall not
entitle the offender or the accused to the privileges of probation under the probation law.

TITLE 8. FINAL PROVISIONS
SEC.29. Repealing Clause. — All laws, presidential decrees, executive orders, rules

and regulations or parts thereof which are inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SEC. 30. Separability Clause. — If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions, which are not affected thereby, shall continue to
be in full force and effect.

SEC. 31. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
publication in a national newspaper of general circulation.

Approved,

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