NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 1243
Ornate
*22 AUG 31 A 9 50
RECEIVED BV,
Introduced by Senator Loren B. Legarda
AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND 
PENALIZING THE ACTS OF ARBITRARY INTERNAL DISPLACEMENT
EXPLANATORY NOTE
Forced to flee from the comfort and familiarity of their own homes, often 
persecuted or under attack, and forced to Hve imder constant threat and vulnerability, 
internally displaced persons (IDPs) are frequently in a more desperate situation than 
refugees. By the end of 2021,89.3 million people aroimd the world were forced to flee 
their homes.1 In the Philippines alone, aroimd 700,000 Filipinos are still Hving in 
displacement across the country due to armed conflict, natural hazards and human- 
induced disasters, generahzed situations of violence, and atrocities against human 
rights.2
Despite this, no law relating specifically to IDPs has been passed. Instead, the 
treatment of IDPs is based on RepubHc Act No. 10121, otherwise known as the 
"Philippine Disaster Risk Reduction and Management Act of 2010 (PDRRMA)". However, 
after more than a decade since the passage of this landmark legislation, the Hmitations 
of this framework as it relates to IDPs have now become evident. Primarily about the 
response actors rather than the rights of IDPs and the standards of their protection.
1 https ://www. unher. org/'ph/figures-at-a-glance
2 https://www.intemal-displacement.org/countries/philippines


the current framework clearly lacks a human rights-based approach. Consequently, 
this affects the coimtry's displacement response.
Without specific rights, IDPs are not afforded livelihood opportunities and 
facihties for emergency health care. The evacuation areas are also overcrowded and 
do not provide gender-sensitive arrangements leaving women and children open to 
heightened vulnerability. The movement of IDPs is often restricted since they are 
required to present identification documents to authorities, even though such 
documents have been lost or destroyed in flight. Given the prevailing conditions, IDPs 
opt to temporarily stay with their relatives or other settlements, instead of government 
evacuation centers. Others have no choice but to endure the limited and overcrowded 
facihties.
This bill, therefore, seeks to make a difference in the Hves of FiHpinos who have 
been forced to flee and run for their Hves due to conflict and disaster by providing 
comprehensive legislation that protects Filipinos against arbitrary displacement and 
guarantees the rights of the internally displaced in accordance with international 
standards, particularly the United Nations Guiding Principles on Internal 
Displacement.
In view of the foregoing, immediate approval of this bill is earnestly sought.
EN LEGARDA


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 1243
Senate
of tl}C - ctiirp
•22 ftUG 31 A 9 SO 
\
RlICEiVtD BV.
Introduced by Senator Loren B. Legarda
AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND 
PENALIZING THE ACTS OF ARBITRARY INTERNAL DISPLACEMENT
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in 
Congress assembled:
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Section. 1. Short Title. - This Act shall be known as the "Rights of Internally
2 
Displaced Persons Act" or the "RIDPA".
3 
Sec. 2. Declaration of Principles and State Policies. - Consistent with the principles
4 
of the Constitution, international human rights, and humanitarian standards
5 
including the United Nations Guiding Principles on Internal Displacement
6 
(UNGPID), international treaties adhered to by the Philippines, and existing
7 
Philippine laws, it is hereby declared a State policy to adopt a rights-based approach
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for the promotion and protection of the rights of internally displaced persons in
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situations of armed conflict, generalized and/or organized violence, clan wars,
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violations of hxunan rights, implementation of development projects, or natural or
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human-made hazards or disasters.
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The rights and obligations herein shall not be interpreted as restricting,
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modifying, or impairing the provisions of any international human rights or
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international humanitarian law treaties or declarations, or rights granted to persons
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under domestic law.
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The State shall harmonize aU legal measures pertinent to "Internally Displaced
17 
Persons or group of persons" (IDPs) and ensure that such are consistent with this Act.
18 
Sec. 3. Definition of Terms. - As used in this Act:


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(a) "Apartheid" refers to inhumane acts committed in the context of an 
institutionalized regime of systematic oppression and domination by 
one racial group or groups and committed with the intention of 
maintaining that regime;
(b) "Armed conflict" refers to any use of force or armed violence between 
States or protracted armed violence between governmental authorities 
and organized armed groups or between such groups within a State: 
Provided, That such force or armed violence gives rise, or may give rise, 
to a situation to which the Geneva Conventions of 12 August 1949, 
including their common Article 3, apply. Armed conflict may be either 
of the following: (1) International, that is, between two (2) or more 
States, including belHgerent occupation; or (2) Non-intemational, that 
is, between governmental authorities and organized armed groups or 
between such groups within a State. Armed conflict does not cover 
internal disturbances or tensions such as riots, isolated and sporadic acts 
of violence, or other acts of a similar nature;
(c) "Clan war" refers to any conflict that may arise between members of 
different indigenous groups, indigenous cultural communities, or clans, 
or between and among members of the same indigenous group, cultural 
community, or clan;
(d) "Collective punishment" refers to a situation in which a group of people 
is punished due to acts or omissions, whether real or perceived, of one 
or several members of the group;
(e) "Ethnic cleansing" refers to the act of rendering an area ethnically 
homogenous by using force or intimidation to remove from a given area 
persons of another ethnic or rehgious group;
(f) "Generalized and/or organized violence" refers to the purposeful and 
systematic use of terror and brutality to control individuals, groups, and 
communities, through the use of overwhelming force, and is 
characterized by widespread, massive or sufficient intensity;
(g) "Implementation of development projects" refers to the carrying out of 
any undertaking or activity aimed at economic or political growth.


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advancement and expansion that results or may result to arbitrary
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internal displacement of persons: Provided, that the term does not
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include legitimate resettlement schemes and/or programs;
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(h) "Internal displacement" refers to the involuntary or coerced movement
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or relocation of persons, families, or communities from their homes or
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places of habitual residence within the national borders, as a result of or
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in order to avoid or minimize the effects of armed conflict, situations of
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generahzed and/or organized violence, violations of human right,
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implementation of development projects, or natural or human-induced
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or human-made hazards or disasters;
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(i) "Internally displaced person or group of persons" (IDP) refers to any
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person or group of persons who has or have been forced or obliged to
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flee or to leave their homes or places of habitual residence within the
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national borders, as a result of or in order to avoid or minimize the
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effects of armed conflict, situations of generalized and/or organized
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violence, violations of human rights, implementation of development
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projects, or natural and human-induced or human-made hazards or
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disasters; and
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(j) "Order of Battle" or "Watchhst" refers to a dociunent or an
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organizational tool used by mihtary or law enforcement agencies that,
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inter aha, lists persons or organizations perceived as being hostile to the
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State, the Government, or the Armed or Pohce Forces, or to any
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document made by non-state actors, whether natural or juridical, listing
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the names of persons and organizations, that are perceived to be
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obstacles to such non-state actor, and making those in such list
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vulnerable to arbitrary internal displacement.
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Sec. 4. Scope. - This Act shall primarily provide for the protection of rights of
28 
IDPs during and after displacement, as weU as their return, local integration, or
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settlement elsewhere. This Act shall likewise cover arbitrary internal displacement of
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civihans as a result of or in order to avoid the effects of armed conflict, violations of
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human rights, implementation of development projects, or natural hazards or human-
32 
induced disasters. To address the risks involved in natural hazards or human-induced


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disasters disasters, due reference shall be made to the pertinent provisions of other
2 
relevant laws such as RepubUc Act No. 9729, otherwise known as the "Climate Change
3 
Act of2009" and RepubUc Act No. 10121, otherwise known as the "Philippine Disaster
4 
Risk Reduction and Management Act of 2010", and other related laws.
5 
Sec. 5. Primary Duty to Protect the IDPs. - National authorities and local
6 
government units (LGUs) have the primary duty and responsibility to provide
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protection and himianitarian assistance to IPDs within their jurisdiction, in
8 
accordance with their obUgations under international law, including human rights
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law and humanitarian law, so as to prevent and avoid conditions that might lead to
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arbitrary internal displacement of persons.
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Sec. 6. Rights of IDPs. - AU IDPs shall enjoy human rights in accordance with
12 
the Philippine Constitution and related laws without discrimination of any kind. In
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particular, they shall enjoy the following rights:
14 
(a) Access to Basic Necessities. - At the minimum, and with special attention
15 
to gender sensitivity, IDPs shall have the basic right to food, shelter and
16 
clothing. Competent authorities shall provide the aforementioned basic
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rights with due respect to the cultural sensitivities and reUgious beUefs
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of IDPs.
19 
(b) Health and Education. -
20 
(1) IDPs shall be entitled to access, to the fuUest extent practicable,
21 
health services and with the least possible delay. Special attention
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shall be provided to the health needs of women, children and the
23 
elderly and the prevention of contagious and infectious diseases
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among IDPs; and
25 
(2) IDP children shall receive free and compulsory education.
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(c) Freedom of Movement. - Every IDP has the right to Uberty of movement
27 
in and out of any evacuation center, transitory sites, or other settlements,
28 
subject to its existing rules and regulations. Moreover, they shall be
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protected against forcible return or resettlement in any place where their
30 
Hves, safety, liberty and/or health would be at risk.
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(d) Recognition, Issuance and Replacenient of Documents. - The authorities
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concerned shall facilitate the issuance to the IDPs of all documents


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necessary for the enjoyment and exercise of their legal rights, including 
new documents or the replacement of documents lost in the course of 
displacement, without imposing unreasonable conditions.
(e) Family Reunification, Missing Persons and Deceased. - Competent 
authorities shall provide conditions to expedite family reimification, 
search of missing persons, and collection and identification of remains 
of the deceased, with due respect to cultural sensitivities and religious 
beliefs.
(f) Security and Protection. - Competent authorities shall take necessary 
measures to ensure that IDPs are received, without discrimination of 
any kind, and live in satisfactory conditions of safety, dignity, and 
security. Special protection and assistance must be provided for IDPs 
with special needs, including, but not limited to, separated and 
unaccompanied children, women, expectant mothers, mothers with 
young children, the elderly, and persons with disabilities or with 
communicable diseases.
(g) Property and Possessions. - The property and possessions of IDPs shall, in 
all circumstances, be protected against pillage or looting, direct and 
mdiscriminate attacks or other acts of violence, being used to shield 
military operations or objectives, being made the object of reprisal, being 
destroyed or appropriated as a form of collective punishment, and 
destruction, arbitrary and illegal appropriation, occupation or use. The 
LGU exercising territorial jurisdiction over the affected area/s, with the 
assistance of the national Government, shall endeavor to facilitate the 
transportation of such property and possessions of IDPs, in a safe and 
secure area, during and after displacement, subject to logistical 
considerations.
(h) Right to Participation. - IDPs shall have the right to actively participate in 
the planning and management of their displacement situation as well as 
return, local integration, or settlement elsewhere. In addition, IDPs shall 
be provided with conditions to facQitate the exercise of their right to 
political participation.


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(i) Right to Request Protection and Humanitarian Assistance. - IDPs have the
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right to request for protection and himianitarian assistance from
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national and local authorities. They shall not be punished or persecuted
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for such acts.
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(j) Civil or Administrative Liabilities. - Any IDP shall be entitled to claim and
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be awarded civil damages from any public officer or employee, or any
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private person, who directly or indirectly obstructs, defeats, violates, or
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in any manner impedes or impairs any of the above rights and liberties.
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Any public officer shall be administratively liable for the same acts.
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Sec. 7. Arbitrary Internal Displacement - Arbitrary mtemal displacement refers
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to the act of causing any person or group of persons to flee or leave the place of
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residence in the Philippines by force, violence, intimidation, or threat, and on the
13 
occasion of, in furtherance of, or in connection with any of the following:
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(1) Policies of apartheid, ethnic cleansing, or similar practices aimed at or
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resulting in altering the ethnic, religious or racial composition of the
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affected population;
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(2) Armed conflict, unless the safety and security of civilians are involved;
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(3) Development projects, including, but not limited to, mines, dams,
19 
railways, highways, tunnels, airports, seaports, and the hke, unless
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justified by the compelling and overriding public interest;
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(4) Natural or human-induced or human-made hazards or disasters, unless
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the safety and health of those affected require their evacuation;
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(5) As a form of collective punishment; or
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(6) Clan wars, unless the safety and security of those civilians not involved
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in the conflict are endangered.
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An Order of Battle, WatchHst, or any document of similar nature issued by the
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military, any law enforcement agency of the government, or any armed group,
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including non-state actors, shall not justify arbitrary internal displacement and shall
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subject the perpetrators to the penalties provided under Section 14 of this Act.
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Sec. 8. Permanent Prohibition Against Arbitrary Internal Displacement - The
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prohibition on arbitrary internal displacement and the fundamental safeguards for its


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prevention shall not be suspended under any circumstance, including political
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instability, the threat of war, state of war, or other public emergencies.
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Sec. 9. Protection against Criminal Ojfenses and other Unlaioful Acts. - Criminal
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offenses and unlawful acts, if found to be committed in the course of or during
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displacement, shall be penaHzed one degree higher than that provided by the Revised
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Penal Code and other special penal laws with respect to those acts.
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Sec. 10. Assistance During Displacement of IDPs. - The primary duty and
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responsibility, for providing humanitarian assistance to IDPs lie with national
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authorities and with the LGUs exercising territorial jurisdiction over the affected
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areas.
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Existing mechanisms of relevant line agencies and those set up under Republic
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Act No. 10121, or the "Philippine Disaster Risk Reduction and Management Act of 2010"
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and other relevant laws, rules, and regulations, shall provide immediate relief and
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humanitarian assistance to IDPs, families, and commxmities.
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Sec. 11. Early Recovery Plan. - At the onset of the displacement, the LGUs
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exercising territorial jurisdiction over the affected areas shall craft and implement an
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early recovery plan in view of temporary rehabilitation, in consultation with the IDPs.
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Sec. 12. Return, Local Integration or Settlement Elsewhere. - Competent national
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and local authorities shall have the primary duty and responsibility to establish
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conditions and provide durable solutions as means for IDPs to return voluntarily, in
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safety and with dignity, to their homes or places of habitual residence, or to locally
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integrate or to settle voluntarily in another part of the country, taking into
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consideration the right of IDPs to choose a residence, and with due respect to the
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cultural heritage and traditions of Indigenous Peoples.
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Said authorities, with the Commission on Human Rights (CHR), shall ensure
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prior consultations and the full participation of IDPs, dining and after the planning
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and management of their return, local integration, or settlement elsewhere.
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Sec. 13. Mechanisms for International Humanitarian Assistance. - International
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humanitarian organizations, their local counterparts, and other appropriate actors
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shall have the right to offer their services, including humanitarian assistance, in
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support of IDPs. Relevant coordination mechanisms, where existing, with


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international humanitarian organizations shall facilitate the timely provision of
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humanitarian assistance to IDPs.
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The importation and donation of food, clothing, medicine and equipment
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necessary for relief and assistance of IDPs are hereby authorized in accordance with
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Section 800 of Repubhc Act No. 10863, otherwise known as the "Customs Modernization
6 
and Tarijf Act", as amended, as regards national internal revenue taxes and import
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duties of national and local government agencies, and the prevailing provisions of the
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General Appropriations Act (GAA).
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Sec. 14. Penalties. - The following are criminally Hable for arbitrary internal
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displacement:
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(a) Principal - Any person who: (1) takes a direct part in the execution of
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the crime of arbitrary internal displacement; (2) directly forces or
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induces others to commit the crime; or (3) cooperates in the commission
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of the crime by another act without which it would not have been
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accomplished, shall suffer the penalty of prision correccional in its
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medium and maximum periods.
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A superior shall be criminally responsible as a principal for the
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crime of arbitrary internal displacement committed by subordinates
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under his/ her effective command and control, or effective authority and
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control as the case may be, as a result of his/her failure to properly
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exercise control over such subordinates, where: (1) that superior either
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knew or, owing to the circumstances at the time, should have known
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that the subordinates were committing or about to commit the crime;
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and (2) that superior failed to take all necessary and reasonable
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measures within his/her power to prevent or repress their commission
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or to submit the matter to the competent authorities for investigation
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and prosecution.
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(b) Accomplice. - Any person who, not being a principal imder Section 14(a)
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of this Act, cooperates in the execution of the crime of arbitrary internal
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displacement by previous or simultaneous acts shall suffer the penalty
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of arresto mayor in its maximum period to prision correccional in its
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minimum period.


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(c) Accessory. - Any person who, having knowledge of the commission of
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the crime of arbitrary internal displacement, and without having
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participated therein, either as principal or accomplice under this Act,
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takes part subsequent to its commission in any of the following manner:
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(I) by profiting himself or assisting the offender to profit by the effects
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of the crime; (2) by concealing or destroying the body of the crime, or
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the effects, or instruments thereof, in order to prevent its discovery; or
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(3) by harboring, concealing, or assisting in the escape of the principal of
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the crime, shall suffer the penalty of arresto mayor in its minimum and
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medium periods.
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In case the above acts are committed by a corporation or a juridical entity, the
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members of the Board of Directors who were present in the meeting and who actually
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voted for the approval of the resolution or order directing the commission of the
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crime, and the corporate officers or agents who carried out such resolution or order
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of the corporation shall be criminally liable for such act. The courts shall impose the
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corresponding accessory penalties under the Revised Penal Code, especially where
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the offender is a pubhc officer.
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The criminal liability of the offender under this Section shall be independent of
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or without prejudice to the prosecution and conviction of the said offender for any
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violation of the applicable provisions of the Revised Penal Code and other special
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laws.
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Sec. 15. Applicability of the Revised Penal Code and Special Penal Laws. - The
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provisions of the Revised Penal Code and other relevant special penal laws, insofar as
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they are applicable, shall be suppletory to this Act.
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Sec. 16. Jurisdiction of the Courts. - The proper and competent civilian courts
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shall have jurisdiction over the offense of arbitrary internal displacement, as defined
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and penalized in this Act.
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Sec. 17. Non-Monetary Reparation. - The Department of Health (DOH),
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Department of Social Welfare and Development (DSWD), Department of Education
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(DepEd), Commission on Higher Education (CHED), Technical Education and Skills
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Development Authority (TESDA), and such other agencies, shall render necessary
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services as non-monetary reparation for IDPs and their families.


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Sec. 18. Role of the Commission on Human Rights. - The CHR, as the institutional
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focal point, shall serve as the authority in monitoring all the obligations and
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mechanisms in the implementation of the provisions of this Act.
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In addition to its powers, functions, duties, and mandate, the CHR shall
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provide technical and advisory support to government agencies in ensuring the
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protection and promotion of the rights of IDPs.
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Sec. 19. Role of National Disaster Risk Reduction and Management Council
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(NDRMMC) and Line Agencies. - The NDRRMC and government line agencies shall
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exercise its mandate and powers in accordance with Republic Act No. 10121, or the
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"Philippine Disaster Risk Reduction and Management Act of 2010", in responding to
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situations of internal displacement. In these situations, the CHR shall be part of the
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NDRRMC deliberations to provide advice as a non-voting member.
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Sec. 20. Joint Congressional Oversight Committee. - A Joint Congressional
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Oversight Committee is hereby created, composed of the Chairperson of the Senate
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Committee on Justice and Human Rights, seven (7) other Senators designated by the
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Senate President, the Chairperson of the House Committee on Human Rights, and
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seven (7) other Members of the House of Representatives designated by the Speaker
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of the House of Representatives; Provided, That of the seven (7) Members to be
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designated by each House of Congress, four (4) shall represent the Majority and three
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(3) shall represent the Minority. The Joint Congressional Oversight Committee shall
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also have the power to inquire into, simimon and investigate the Orders of Battle or
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Watchlists as defined under this Act, and/or any document of similar nature, as well
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as the legal and factual justifications for the inclusion of specific persons and groups
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in said Orders of Battle, Watchlists or similar documents. In this regard, the Joint
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Congressional Oversight Committee may issue mandatory process directing the
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transmission of aU such documents relevant and necessary for the Committee to
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determine the validity of the inclusion of specific persons or groups in the Orders of
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Battle, Watchlists, or similar documents. For this purpose, the highest-ranking officers
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or heads of offices shall be charged with testifying before the Joint Congressional
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Oversight Committee in relation to any inquiries on the Orders of Battle, Watchlists,
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or similar documents.
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The invocation of national security as a defense may not prevent the Joint
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Congressional Oversight Committee from inquiring into the factual and/or legal
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bases for the existence of an Order of Battle, Watchlist, or any similar document, or
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the inclusion of specific persons or groups in said Orders of Battle, Watchlists, or
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similar dociunents. Should there be a need to inquire into the factual basis for the
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invocation of national security, the Committee shall convene in an executive session
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and hear the officials invoking it. Should the basis not be satisfactory to the
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Committee, the public hearings will continue and appropriate recommendations shall
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thereafter be made by the Committee.
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Sec. 21. Monitoring of Compliance, - An inter-agency coordinating committee
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shall be tasked to periodically monitor the compliance with this Act. The Committee
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shall be headed by the Chairperson of the CHR. Members of the group shall be
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composed of:
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(a) One (1) representative, with the rank of Undersecretary, from DSWD;
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(b) One (1) representative, with the rank of Undersecretary, from the
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Department of National Defense (DND);
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(c) One (1) representative, with the rank of Undersecretary, from the
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Department of the Interior and Local Government (DILG);
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(d) One (1) representative, with the rank of Undersecretary, from DOH;
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(e) One (1) representative, with the rank of Undersecretary, from the
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Department of Justice (DOJ);
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(f) One (1) representative, with the rank of Undersecretary, from DepEd;
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(g) The Executive Director of the NDRRMC;
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(h) One (1) representative from the National Commission on Muslim
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Filipinos (NCMF);
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(i) One (1) representative from the National Commission on Indigenous
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Peoples (NQP);
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0) One (1) representative from the Office of the Presidential Adviser on the
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Peace Process;
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(k) The Chairperson of the Committee on Justice and Human Rights of the
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Senate;
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(1) The Chairperson of the Committee on Human Rights of the House of
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Representatives; and
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(m)The Chairperson of the Committee on Justice of the House of
4 
Representatives.
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The Committee shall work towards the collection of data on the number and
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conditions of IDPs, leading to a registry that will aid the government in efficient
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planning and policy making regarding issues affecting IDPs.
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The Committee shall submit an annual report to the Joint Congressional
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Oversight Committee herein created, thirty (30) days after the end of each fiscal year.
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Such annual report shall be the basis for proposed amendments to existing legislation
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to improve the conditions of internally displaced persons.
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Sec. 22. Appropriations. - The amount necessary for the initial implementation
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of this Act shall be charged against the current year's appropriations of the CHR,
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DSWD, DOH, DND, and DILG. Thereafter, such sxuns as may be necessary for the
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continued implementation of this Act shall be included in the GAA.
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Sec. 23. Implementing Rules and Regulations. - Within sixty (60) days from the
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effectivity of this Act, the CHR shall issue the necessary rules and regulations for its
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implementation. In the formulation of the rules and regulations, the CHR shall take
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the lead and coordinate with DSWD, DND, DILG, DOH, DOJ, Department of
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Environment and Natural Resources (DENR), DepEd, AFP, Philippine National
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Police (PNP), Philippine Commission on Women (PCW), Council for the Welfare of
22 
Children (CWC), NCIP, National Commission on Disability Affaii's (NCDA),
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Presidential Commission on Urban Poor (PCUP), Housing and Urban Development
24 
Coordinating Council (HUDCC), NDRRMC, National Housing Authority (NHA),
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and NCMF. It shall also consult with the LGUs concerned and relevant human rights
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non-govemmental organizations and people's organizations.
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Sec. 24. Separability Clause. - If any part or provision of this Act shall be declared 
2 8 unconstitutional or invalid, the other provisions hereof which are not affected thereby
29 
shall remain in full force and effect.
30 
Sec. 25. Repealing Clause. - All laws, decrees, executive orders, memorandum
31 
orders, memorandum circulars, administrative orders, ordinances or parts thereof
12


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which are inconsistent with the provisions of this Act are hereby deemed repealed,
2 
amended or modified accordingly.
3 
Sec. 26. Effectivity. - This Act shall take effect fifteen (15) days after its
4 
publication in the Official Gazette or in a newspaper of national circulation.
Approved,
13