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

Sixteenth Contes
First Regular Session

_2182

House Bill No.

Introduced by AKBAYAN Representatives Ibarra Gutierrez III and Walden Bello

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EXPLANATORY NOTE

Considered the dark yeats of Philippine human rights, the Martial Law eta saw forces of the
dictatorship violate civil and political rights with impunity, including the sequestration of

media companies, killing of journalists, torture of lenders and members of the Left, and

suppression of mass movements.

inst a backdrop of continuing struggle to recover the civil and political rights lost to

Mattial Law, the Commission on Human Rights was cteated by the 1987 Philippine

Constitution, a creation made effective by the passage of Executive Order No. 163.

Since then, the concept of human tights has gradually entered the consciousness of Filipinos,
leading not only to the passage of pieces of local legislation that promote the protection of
human rights—like Republic Act No, 9346, which suspended the imposition of the death
penalty, Republic Act No. 10022 (Magna Carta of Overseas Migrant Workers), Republic Act
No. 9710 (Magna Carta of Women), Republic Act No. 9344 (Juvenile Justice Welfare Act),
Republic Act No. 9745 (Anti-Torture Act), Republic Act No. 10368 (Human Rights Victims
Recognition and Reparation Act), and Republic Act No. 10353 (Anti-Enforced and
Involuntary Disappearance Act)—but also to an increasing call for full State protection of

human rights from the citizens.

No less than the Office of the High Commissioner for Human Rights, the principal human
tights official of the United Nations, through its Human Rights Council, and in its
Conclusions And/Or Recommendations to the 2012 Universal Periodic Report of the

Philippines, ecommended that the Philippines —

“Purther consolidate its national human rights infrastructure,
including support to the Commission on Human Rights;


Continue to improve its capacity to uphold human rights,
including by increasing the Commission on Human Rights’
(CHR) fiscal autonomy and organizational capacity, as well as
further efforts to prevent human rights violations by Armed.
Forces of the Philippines and Philippines National Police
personnel; Continue the work to build-up the capacity in the
area of human rights protection, including through
strengthening the national human rights institution; Intensify
the efforts and measures to consolidate the state of law and
its national mechanisms on human rights,”

The Philippines needs a Commission on Human Rights that is truly independent by the
gtant of fiscal autonomy. Today, more than ever, the Philippines needs a more active
Commission on Human Rights, one that is not strapped to the task of investigation or that
cannot recognize cases of human tights violations other than those involving civil and
political rights, a Commission on Human Rights that can meet the challenge of protecting
the human tights of the workers, overseas Filipinos, indigenous peoples, urban poor,
informal settlers, farmers, fisherfolk, people with disabilities, women, LGBT’, children and
youth, senior citizens, and other marginalized sectors of society who need protection the

more,

Itis time to pass a legislative enactment that would make the Commission on Human Rights

an effective institution, building on the experiences for the past twenty.
In view of the foregoing, the passage of this bill is earnestly sought.
‘This bill is a revised and updated version of the Fifteenth Congress’ House Bill Nos. 0055,

1141 and 2974, filed by then Representatives Lorenzo Tanada III, Karlo Nograles and

Salvador Escudero, respectively.

Tbarta Gutiptsgz 1

Walden Bello


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

Sixteenth Congress
First Regular Session

2152

House Bill No.

a —_
Introduced by AKBAYAN Representatives Ibarra Gutierrez III and Walden Bello

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AN ACT TO STRENGTHEN THE COMMISSION ON HUMAN RIGHTS,
AND FOR OTHER PURPOSES

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

SECTION 1, Title—This Act shall be known as the “Cormmission on Human Rights Charter.”

SECTION 2. State Policy.—The State values the dignity of every human person and guarantees
full respect for human rights. It shall give highest priority to the enactment of measures that protect

and enhance the tight of all the people to human dignity.

SECTION 3. Definition of Terms.—For purposes of this Act, “Auman rights” shall include those
found in Article IT] and Article XII, Sections 1 to 16 of the 1987 Philippine Constitution and those
affirmed and recognized by the State in the International Bill of Rights: the Universal Declaration of
Human Rights (1948), the International Covenant on Civil and Political Rights (1976), the
International Covenant on Economic, Social and Cultural Rights (1976), and all other international

instruments on human rights to which the Philippines

s a signatory.

‘TITLE ONE: THE COMMISSION ON HUMAN RIGHTS
CHAPTER I. NATURE OF THE COMMISSION,

SECTION 4. The Commission as an Independent Office and as the National Human Rights
Institution of the Philippines—The Commission on Human Rights, referred to as the
“Commission” in. this Act, is an independent constitutional office. The State shall ensure that the
Commission shall operate in accordance with the Principles Relating to the Status of National
Institutions (“The Paris Principles”) and other United Nations’ Resolutions and Instruments

pertaining to the effective functioning of national human rights institution.


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SECTION 5. Fiscal Autonomy.—The Commission shall enjoy full fiscal autonomy equivalent to
that of the Constitutional Commissions under Article IX of the 1987 Philippine Constitution. The
annual budget appropriations of the Commission shall not be decreased from the previous years

and shall be automatically and regularly released.

CHAPTER IJ, THE CHAIRPERSON AND MEMBERS

SECTION 6. The Commission, Composition and Qualifications—The Commission is a

s the

collegial body and shall be composed of a Chairperson and four (4) Members who shall poss

following qualifications:

(a) Must be a natural-born citizen of the Philippines;

(b) Must be at least thirty-five (35) years of age at the time of appointme:

(©) Must be with proven probity, integrity and competence;

(@ Must have deep and comprehensive understanding and knowledge of, as well as practical
experience on, human rights protection, promotion and advocacy;

(©) Must not have been candidate, including as party-list nomince, for any elective position in any
national of local election immediately preceding appointment;

() Majority of whom must be members of the Philippine Bar who have been engaged in the
practice of law for at least ten (10) years; and

Composition must observe equal gender representation.
i st ‘p!

SECTION 7. Appointment, Assumption and Term of Office—The lirperson and
Members of the Commission shall be appointed by the President for a term of seven (7) years
without reappointment. Of those first appointed under this Act, the Chairperson shall hold office
for seven (7) years, two (2) Members for five (5) years and the other two (2) Members for three (3)
years, all without reappointment. In no case shall they be appointed, re-appointed or designated in

a temporary or acting capacity.

Any person appointed as Chairperson or Member of the Commission shall not assume office until

all government regulations and requitements on appointment ate fully complied with.

The term of the new Chairperson and Members of the Commission shall start on May 6 following
the date of the vacancy regardless of the actual date of appointment: Provided, That the salary,
retirement, benefits and other privileges mentioned under Section 10 of this Act shall only
commence upon actual assumption to office. Appointment to any vacancy occurring during the

term shall only be for the remaining portion of said term.


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SECTION 8. Probibition and Disqualification—The Chairperson and Members of the
Commission shall not, during their tenure, hold any other office or employment. Neither shall they
engage in the private practice of any profession or in the active management or control of any
business which, in any way, may affect the functions of their office, nor shall they be financially
interested, directly or inditectly, in any contzact with, or in any franchise or privilege granted by, the
Government and its subdivisions, agencies or instrumentalities, including government-owned-or-
controlled corporations or their subsidiaries. They shall avoid conflict of interest in the conduct of
their functions. They shall not be allowed to appear or practice thei profession before the

Commission for one (1) year following their cessation from office,

No spouse, common-law partner or relative by consanguinity or affinity within the fourth civil
degree and no law, business or professional partner ot associate of the Chairperson or Members of

the Commission may appear as counsel ot agent on any matter pending before the Commission or

transact business, directly or indirectly, therewith. This disqualification shall apply during the tenure

of the official concerned and one (1) year thereafter.

SECTION 9. Disclosure of Relationship—It shall be the duty of the Chairperson and Members

of the Commission to make under oath, to the best of their knowledge and information, a public

disclosure of the identities of, and their relationship with, persons referred to in the preceding

Section, The disclosure, which shall be in writing, shall be filed with the Office of the Ombudsman

before the appointee assumes office and every year thereafter. The disclosure made pursuant to this

Section shall form part of public records and shall be made available and accessible to the public.

SECTION 10. Salary, Retirement Benefits, and Other Privileges of the Chairperson and
Members.—The Chairperson and the Members of the Commission shall receive the same salary,
privileges and benefits as the Chairperson and Members of the Constitutional Commissions, which
shall not be decreased during their term of office. Likewise, they shall receive the same retirement

benefits as those of the Constitutional Commissions.

In case of death of a retired Chairperson or Member of the Commission, the surviving legitimate
spouse shall be entitled to receive, on a monthly basis, all the retirement benefits that the said
deceased retiree was receiving at the time of demise under the provisions of applicable retirement
laws. In case of unmarried retirees, the legal heirs shall be those recognized under Republic Act
No. 386 otherwise known as the Civil Code of the Philippines. The said surviving legitimate spouse
or legal heir shall continue to receive such retirement benefits until he/she remarries or during
his/her lifetime, respectively: Provided, That if the surviving legitimate spouse or legal heir is
receiving benefits under existing retirement laws, he/she shall only be entitled to the difference

between the amount provided for under this Act and the benefits he/she is receiving,


Awnhen

SECTION 11. Removal from Office —The Chairperson and Members of the Commission may

be removed from office on any of the following grounds:

(a) Disloyalty to the Republic of the Philippines;

(b) Culpable violation of the Constitution;

(©) Bribery, graft and corruption, other high crimes, or betrayal of public trust;

(@ Dishonesty, misconduct in office, gross negligence, or dereliction of duty;

(© Commission of any offense involving moral turpitude or an offense punishable by
imprisonment of more than six (6) years; and

() Abuse of authority.

‘The proceedings for removal shall be initiated by filing a verified complaint with the Office of the
Ombudsman stating the grounds therefor and alleging the ultimate facts upon which the complaint
is based, No such proceedings shall be initiated against the Chaispetson ot the same Member of the

Commission within a period of one (1) year.

‘The Office of the Ombudsman shall act on the complaint and conduct the necessary investigation
and hearing, Thereafter, the Office of the Ombudsman shall dismiss the complaint or declare the
removal from office of the Chairperson or Member of the Commission within one hundred twenty

(120) days from the date of filing of the complaint.

In deciding upon a complaint for removal from office, the Office of the Ombudsman shall not
impose any lesser penalty or disciplinary action such as suspension, censure, or reprimand other

than removal from office.
CHAPTER III. NOMINATION OF CHAIRPERSON AND MEMBERS

SECTION 12. Nominations, Appointment and Pluralist Representation—The President
shall choose and appoint the Chairperson and Members of the Commission from the broadest
range of nominees that shall ensure pluralist representation of all those involved in the promotion
and protection of human rights. Appointment shall be made not later than thirty (30) days after a

vacancy has occurred.

Non-governmental organizations, civil society oxganizations, people's organizations involved in

human tights protection and promotion may submit their nominees to the President.

The nomination, selection and appointment process shall be transparent and shall ensure broad-

based consultation with stakeholders.


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TITLE TWO: GENERAL POWERS AND FUNCTIONS

SECTION 13. General Powers and Functions of the Commission —The Commission on

Human Rights shall have the following general powers and functions

(a) Investigate, on its own ot on complaint by any party, all forms of human rights violations;

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

(© Provide appropriate legal and preventive measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad;

(@) Provide legal aid services to the underprivileged whose human rights have been violated or are

in need of protection;

(© Exercise regular, independent, unbampered, unannounced and unrestricted visitorial pow
over jails, prisons, camps, detention facilities, safe houses and similar premises;

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

@ Recommend to the Congress of the Philippines effective measures to promote human rights
and to provide for compensation to victims of violations of human rights, ot their families;

(h) Monitor the Government's compliance with international treaty obligations on human rights;

() Grant immunity from prosecution to any person whose testimony or possession of documents
or other evidence is necessary to determine the truth in any investigation or prosecution
conducted by it or under its authority;

gj) Request the assistance of any department, bureau, office or agency in the performance of its
functions;

(&) Issue human rights orders, memorandum circulars, and advisories directed to all concerned
agencies of government for theis implementation and/or appropriate action;

@) Establish working relationships with civil society organizations, non-government organizations,

and peoples organizations in the promotion and protection of human tights;

(m) Cooperate with the United Nations, other international and regional organizations, as well as
national human rights institutions of other countries for the protection and promotion of
human rights;

(0) Ensure that the status, tights and interests of vulnerable, marginalized, and disadvantaged
sectors, such as but not limited to, children, women, elderly, indigenous peoples, internally
displaced persons, petsons with disabilities, and persons deprived of libetty, ate upheld in
accordance with the Constitution, laws and international instruments on human rights; and

(0) Appoint its officers and employees as well as approve the position structure, staffing pattern,

and effect changes in its organizational structure, as necessary, in accordance with law.


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CHAPTER I, PROTECTION POWERS
A. INVESTIGATION

SECTION 14. Investigative Powers and Functions —The Commission shall exercise primary
and original jurisdiction to investigate, on complaint or on its own, cases of human tights violations

involving civil, political, economic, social and cultural rights.
In the exercise of its investigative powers, the Commission shall:

(@) Act promptly on reports or complaints, filed in any form, by any person or organization. Upon
finding of human tights violation, the Commission shall recommend appropriate remedies to
include refertal to proper government agencies for the filing of administrative, criminal or civil
actions. The recommendation may also involve proposals for legislative, administrative, and

judicial reforms,

‘The investigation and other proceedings conducted by any administrative, judicial, or quasi-

judicial bodies shall not bar the investigation of the Commission of human rights violations.

Orders, decisions of tesolutions of the Commission may be appealed to the Court of Appeals

on both questions of fact and law, ot on vertionari to the Supreme Court of questions of law.

No sestraining order or writ of injunction shall be issued against the Commission in the
performance of its powers and functions, except by the Court of Appeals of the Supreme

Court.

(&) In addition to its power to investigate all violations of human rights as defined in Section 3 of
this Act, the Commission shall also have the power to investigate human rights and
international humanitarian law violations, as provided in pertinent laws, including, but not

limited to the provisions of the following:

(1) Custodial Rights of the Accused (Republic Act No. 7438);

(2) Anti-Child Abuse Law (Republic Act No. 7610);

(3) Anti-Violence Against Women and Their Children (Republic Act No. 9262);

(A) Juvenile Justice Law (Republic Act No. 9344);

(5) Magna Carta of Women (Republic Act No. 9710);

() Anti-Torture Law (Republic Act No. 9745);

(J) Anti-Child Pornography Law (Republic Act No. 9775);

(8) Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other

Crimes Against Humanity (Republic Act No. 9851);


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(0) Anti-Enforced ot Involuntary Disappearance Law (Republic Act No. 10353);

(10) Human Rights Violations Victims Reparation and Recognition Act of 2013
(Republic Act No. 10368); and
(uty Such other selated laws as may hereafter be enacted.

(©) Compel the attendance of witnesses and the production of evidence, documents and other

data, administer oaths, issue subpoenas and take testimony in any investigation ot inquiry.

(@ Issue orders and directives constituting preventive and legal measures, as provided in Section

21 of this Act.

(© Ensure the protection and full cooperation of witnesses and vital resource persons in the
investigation of human rights and international humanitarian law violations being conducted by

the Commission.

(H Request ot require the assistance and cooperation of any department, bureau or office,
subdivision, agency or instrumentality of the Government, including government-owned or

controlled corporations and local governments.

(2) Make the results and findings of its investigations available and accessible to the public, subject

to the guidelines as may hereafter be provided.

(h) Cite in contempt any person for violation of the guidelines and procedures of the Commission

or for failure to comply with any order issued in the exercise of its investigative function.

( Monitor status of implementation and action taken on recommended remedies for human

sights violations as referred and/or filed with appropriate agencies, courts or any other body.

@ Perform such other powers as may be necessary or incidental for the effective exercise or

conduct of its investigative powers.

SECTION 15. Imprescriptibility of Human Rights Violations. —The investigation of human

tights violations shall not prescribe.

SECTION 16. Preventive Suspension—With the exception of Members of Congress, the

Judiciary, and impeachable officials, the Commission may preventively suspend, pending an


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investigation, any officer or employee including, but not limited to, elective or appointive public
officers or employees: Provided, That the Commission determines that 1) the evidence of guilt is
strong, 2) the charges would warrant removal from the service, and 3) the officer or employee's

continued stay in office would prejudice the conduct and result of the investigation.

The preventive suspension shall not be more than ninety (90) days in case of a national officer or

employee, and sixty (60) days in case of a local officer or employee.

B, WITNESS PROTECTION ASSISTANCE,

SECTION 17. Witness Protection Assistance Program.—In the conduct of its investigation,
the Commission shall implement and manage a human rights based Witness Protection Assistance

Program, including the provision of security and shelter to witnesses and their families

he Commission may also refer witnesses and their families, in need of protection, to the Witness
Protection Progtam of the Government and sanctuaries provided by other organizations, The
funding requirement for this Witness Protection Assistance Program shall be included in the

annual General Appropriations Act.

C. GENDER OMBUD.

SECTION 18, Gender Ombud.—As Gender Ombud, the Commission shall exercise quasi-
judicial functions to determine violations of the provisions of the Magna Carta of Women, its
Implementing Rules and Regulations, and other related laws and regulations, committed by any
department, agency or instrumentality of the Government, government-owned and-controlled

corporations, and local government units as well as private entities and/or individuals.

It shall impose approptiate penalties under administrative law, civil service or other appropriate

laws.
D. GRANT OF IMMUNITY

SECTION 19. Grant of Immunity—The Commission may grant immunity from prosecution to
any person whose testimony is indispensable to determine the truth in any hearing, inquiry or
proceeding being conducted by the Commission under such terms and conditions as it may
determine taking into account the pertinent provisions of the Rules of Court, particularly Rule 199,

Sections 17 and 18, and its own rules.

E. VISITATION


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SECTION 20. Visitorial Powers—The Commission shall exercise visitorial powers over jails,

prisons and detention facilities. In the performance of this power, the Commission shall:

(@) Conduct regular, independent, unhampered, unannounced and untestricted jail visitation to all

places of detention or confinement.

Places of detention ot confinement shall refer to any physical space, area or structure, whether
moving or stationary, permanent or temporary, where deprivation of liberty is carried out, and
which establishment, operation, and maintenance is punishable under Section 14(1) of Republic

Act No. 9745 otherwise known as the Anti-Torture Act of 2009,
These places of detention ot confinement may include, but are not limited to, the following:

(1) National penitentiaties and penal farms;

(2) Provincial and sub-provincial jails;

(3) Municipal, city and district jails

(4) Military detention camps and centers;
(5) Lock-up cells;

(6) Juvenile ot youth centers;

(7) Social care institutions such as psychiatric wards; and

(8) Detention facilities maintained by the National Bureau of Investigation, Philippine Drug

Enforcement Agency, and such other agencies.

(©) Inspect said places of detention or confinement and assess the condition and treatment of
persons deprived of liberty using international human rights standards, pertinent laws, rules,

regulations and manuals of procedutes.

Requite the submission of lists, through the provincial and regional offices of the Commission,
of all detention centers and facilities under the jurisdiction of the Philippine National Police,
‘Armed Forces of the Philippines, Bureau of Jail Management and Penology, National Bureau
of Investigation, Bureau of Corrections, Philippine Drug Enforcement Agency, and other law
enforcement agencies and local chief executives having jurisdiction over provincial, sub-
provincial, city, and municipal jails, with the corresponding data as specified in Republic Act
No. 9745, or the Anti-Torture Act of 2009, and Republic Act No. 10353, or the Anti-Enforced

or of Involuntary Disappearance Act of 2012.


‘The Commission shall make the same available to the public, subject to the guidelines as may

hereafter be provided.

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(Q) Upon being informed of the detention or arrest of a child in armed conflict situations by
agents of the Government, the Department of Social Welfare and Development or the regional
office of the Commission shall immediately visit the child to ensure the protection of the

child’s human tights.

(d) Prepare periodic reports containing details of the visitation, treatment and physical condition of
pare p P i phy
persons deptived of liberty, assessment of the facilities, analysis, and recommendations to

concerned agencies for appropriate action.

F, LEGAL AND PREVENTIVE MEASURES

SECTION 21, Legal and Preventive Measures—In all cases under investigation, the
Commission may issue legal and preventive measures as well as provisional remedies. These
measures or remedies shall include, but are not limited to, general writs of injunction, restraining
orders, sams quo ante orders, cease and desist orders, protection orders or such other ordets to
protect the life and security of persons, preserve evidence, protect properties and other

considerations to ensure the efficient investigation of the alleged human tights violation.

G. LEGAL ASSISTANCE AND OTHER SERVICES

SECTION 22. Legal Assistance —The Commission shall implement a legal assistance program

consisting of the following:

(a) Assis
establishments that violate the provisions of the Custodial Rights of the Accused, Magna Carta

tance in the filing of complaints against individuals, agencies, institutions, ot

of Women, Anti-Torture Act, Anti-Enforced and Involuntary Disappearance Act, Anti-Child
Abuse Law, Anti-Child Pornography Law, Juvenile Justice Welfare Act, Anti-Violence Against
Women and Their Children Act, Philippine Act on Crimes Against International Humanitarian
Law, Genocide and Other Crimes Against Humanity, and such other cases involving human

rights violations.
In the exercise of this function, the Commission may coordinate with human tights
organizations and lawyers’ groups, the Integrated Bar of the Philippines and Philippine law

schools with legal aid programs.

(b) Assist in the filing of requests or petitions for issuance of protection orders both in the

barangay and court levels.

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(©) Free legal aid and counseling services to victims of human tights violations especially those in

the marginalized, disadvantaged and vulnerable sectors of society.

(a) Forward reports of specific incidents of violations of human rights of children in situations of
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armed conflict filed with the Department of Social Welfare and Development or non-

governmental organizations to the general headquarters of the Government forces or may file

the same directly with the office of the provincial or city prosecutor for appropriate action.

(© The Commission may, in accordance with Republic Act No. 7610 ot the Special Protection of
Children Against Abuse, Exploitation and Discrimination Act, receive a child, in situations of
armed conflict, who is released on recognizance after the filing of a criminal complaint or
information in court against said child. In the absence of counsel, the Commission may also

request the release of said child in situations of armed conflict.

SECTION 23. Financial Assistance —The Commission shall strengthen its Financial Assistance
Program to victims of human rights violations and their families. ‘The funding requirement for this

Program shall be included in the annual General Apptoptiations Act.
H. FORENSIC SERVICES

SECTION 24. Forensic Services—The Commission, in relation to the conduct of any
investigation of human tights violations, shall provide independent forensic services which shall

include:
(@) Medico-Legal Services

(1) Physical examinations on individuals identified to be victims of physical abuse or torture,
and document any injuries found on the individual, and
2) Exhumation and/or autopsy of the remains of alleged victims of human tights abuses, in

order to determine the person’s identity and the cause of death.

(b) Laboratory Services, which shall cover documentation, examination and analysis of the

evidence/samples collected. These include, but shall not be limited to, the following areas:

(1) Forensic pathology

2) Forensic chemistry, toxicology, serology, including, but not limited to, blood-alcohol
determination, blood chemistry, unidentified substance analysis, gunshot residue collection
and analysis;

(3) Fingerprint recovery, identification and matching;

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(4) Firearms and ballistics identification and comparison;

(5) Impression identification and analysis-tool marks, footwear and tite:

(© DNA recovery and analysis;
(7) Trace and microscopic evidence analysis;
(8) Questioned document analysis; and

(0) Computer and electronic forensics.

The funding requirement for forensic services shall be included in the annual General

Appropriations Act.

I. OTHER POWERS IN RELATION TO PROTECTION

SECTION 25. Applicability of Refoulment—Pursuant to the provisions of Republic Act No.
9745, or the Anti-Torture Act of 2009, and Republic Act No. 10353, or the Anti-Enforced or of
Involuntary Disappearance Act of 2012, the Chairperson of the Commission shall, in coordination
with the Secretaries of Justice and Foreign Affairs, determine the existence of grounds for the non-
expulsion, return or extradition to another state of a person, in cases where there are substantial
grounds to believe that such person shall be in danger of being subjected to torture and/or
enforced disappearance, It shall take into account all relevant considerations, including but not

limited to, the existence in the requesting state of a con:

nt pattern of gross, flagrant or mass

violations of human tights.

SECTION 26. Protection of Filipinos Abroad—The Commission shall undertake measures for
the protection and promotion of human rights of Filipinos living abroad. For the purpose of
monitoring the status of human sights of Filipinos living abroad, the Commission shall coordinate
with Philippine Embassy ot Consulate officers as well as private individuals of known probity and
active involvement in human rights work, or foreign-based human rights and migrant workers?
non-government organizations in countries where the incidence of human tights violations of
Filipinos is widespread and commonplace, including traditional host countries of Overseas Filipino
Workers, establishing networks among Filipinos to promote protection of human rights, reporting
cases of violations thereof, facilitating the remedial measures of victims and coordinating with

respective agencies to provide counseling and financial aid.
Whenever necessary, the Commission shall also engage with existing ational human tights

institutions in the country where Filipinos may be found as well as with regional and international

human rights networks.

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SECTION 27, Issuance of Human Rights Clearance—The Commission shall issue human
rights clearance to any member of the security and law enforcement sector, government official

and employee, or any private person, for purposes of employment, promotion or confirmation of

appointment, study abroad, or for any other legal purposes it may deem necessary.

‘The human rights clearance shall be one of the requirements for the confirmation of appointment

before the Commission on Appointments.

SECTION 28. Issuance of Other Human Rights Certification —The Commission, after due
evaluation, shall issue clearances or certifications of compliance with international human tights
standards such as certifications on human sights impact assessments conducted by industries with

high risk human rights impact.
CHAPTER II. MONITORING POWERS

SECTION 29. Monitoring Powers and Functions.—In the exercise of its mandate to monitor

Government's compliance with its international human rights obligations, the Commission shall:

@) Monitor and advise government on its xesponsibilities and obligations under international

human tights treaties to which the Philippines is a signatory.

(0) Encourage signatute, ratification of, or accession (0, international human rights instruments,

and to ensure theit implementation.

(© Conduct inquiries on the manner of implementation by the Government of specific human

rights obligations.

(@ Request the full cooperation of any public official on the measure undertaken by his or het

agency to comply with the State’s international human rights obligations.

(©) Capacitate stakeholders to enable participation in monitoring human rights treaty compliance

by the Government.

SECTION 30. Monitoring for Legislative and Policy Reforms—The Commission shall
recommend to Congress of the Philippines effective measures to promote human tights. Te shall
make the appropriate recommendations to the concerned executive, legislative and judiciary
agencies to ensure the harmonization of national legislation, policy issuances, local ordinances with

international human tights instruments to which the Philippines is a signatory.

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SECTION 31. Compliance Reports to UN Treaty Monitoring Bodies and Special

Procedures —

(@) The Commission shall advise Government to submit State Reports in compliance with the
reportorial obligations under international human rights treaties and to furnish the Commission
copies theteof within thirty (30) days from submission to the United Nations and other

international bodies.

(b) The Commission shall contribute, where necessary, to the reports which states are required to
submit to United Nations bodies and committees, and to regional institutions, pursuant to

treaty obligations.

(©) With due respect for independence, the Commission shall prepare its own parallel reports to
the United Nations, other international organizations, and special procedures mechanisms in
relation to its monitoring of government’s compliance with its international human rights

obligations.

(@ The Commission shall also monitor and follow-up compliance of the recommendations made

by the United Nations’ treaty monitoring bodies and other special procedures mechanisms.

(©) The Commission shall make the appropriate recommendations to the concerned executive
agency with regard to requests for official visits of United Nations Special Rapporteurs and

other treaty and charter based mechanisms.
SECTION 32. Cooperation with the United Nations and other Human Rights Systems—

(@) The Commission shall cooperate with the United Nations and any other organization in the
United Nations system including special procedures and charter based mechanisms on matters

pettaining to monitoring compliance of international treaties on human rights.

(&) Undertake collaborative efforts with international and regional human rights networks and
national human rights institutions of other countries in relation to promotion and protection of

human rights.

SECTION 33. Inter-agency Monitoring of Human Rights.—The Commission shall engage
with other government agencies, through inter-agency committees and/or councils, to monitor
compliance of human sights obligations as provided for under Section 3 of this Act and as laid

down in pertinent laws, including, but not limited to:

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(@) Custodial Rights of the Accused (Republic Act No. 7438);

(b) Anti-Child Abuse Law (Republic Act No. 7610);

(© Anti-Violence Against Women and Their Children (Republic Act No, 9262);

(@ Juvenile Justice Law (Republic Act No. 9344);

(©) Magna Carta of Women (Republic Act No. 9710);

() Anti-Torture Law (Republic Act No. 9745);

@ Anti-Child Pornography Law (Republic Act No. 9775);

(h) Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other
Crimes Against Humanity (Republic Act No. 9851);

() Anti-Enforced ot Involuntary Disappearance Law (Republic Act No. 10353);

() Human Rights Violations Victims Reparation and Recognition Act of 2013 (Republic Act No.
10368); and

(i) Such other related laws as may hereafter be enacted.
CHAPTER III, PROMOTION POWERS

SECTION 34. Human Rights Education—The Commission shall undertake a program of
human rights promotion and advocacy through education and training to enhance respect for the
primacy of human tights in coordination with different agencies of government. It shall likewise
administer a Mandatory and Continuing Human Rights Education Program for the military, police
and other law enforcement agencies, as well as public school teachers, and shall, for this purpose,
draw up the components of the Program, accredit course and training providers, and issue

certificates of completion to those who have successfully completed the Program.

‘The Commission shall also undertake a Human Rights Education, Advocacy, and Information
Campaign Programs among sectors of civil society, particularly the vulnerable, marginalized and
underprivileged groups. In conducting this Program, the Commission shall actively cooperate and
coordinate with human tights non-government organizations, lawyers! groups, the academe and

people's organizations of the concerned sectors of civil society.

The Commission shall establish a Human Rights Institute as its research and training arm for

human rights education,
SECTION 35. Research —The Commission shall undertake a continuing research and study on

select human rights issues for purposes of recommending policy reforms, as well as program and

legislative measures.

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SECTION 36. Human Rights Information and Communication —The Commission shall
develop its information and communication program for the effective dissemination and advocacy
of human tights and international humanitarian law, as well as other related national human rights

laws

‘TITLE THREE: ORGANIZATIONAL STRUCTURE

SECTION 37. Commission as a Collegial Body.—Vhe Commission composed of the
Chairperson and four (4) Members as a collegial body, is responsible for the promulgation of
policies, decisions, orders and resolutions necessary for the efficient administration and for proper

execution of its Constitutional mandates,

In the exercise of its powers and functions, the Commission shall sit and render its decision ¢ bane,

ivery such decision, order or resolution of the Commission must bear the concurrence and

signature of at least three (3) Members thereof.

SECTION 38, The Chairperson as Head of the Commission and Chief Executive Officers
Powers and Duties—The Chairperson, as head of the Commission and Chief Executive Officer

shall:

(a) Execute and carry out the necessary policies, decisions, orders and resolutions approved by the
Commission;

(6) Direct and supervise the operations and internal administration of the Commission;

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

(@ Issue temporary assignments, rotate and transfer personnel, as approved by the Commission
and in accordance with the provisions of the Civil Service Law;

(© Submit an annual budget to the Commission for its approval and submission to the
Department of Budget and Management and to the Congress of the Philippines;

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

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

SECTION 39. Structural Organization —The Commission shall have the following offices and

operating units

(@) National Offices


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(1) Office of the Chairperson,
(2) Office of the Commissioners,

3) Office of the Executive Director,

(4) Office of the Commission Secretary,

(8) General Administration Office,

(© Financial Management Office,

(1) Internal Operations Office,

(8) Sector Management Office,

(9) Steategic Planning Office,

(10) Information Technology and Management System Office,
(11) Human Rights Protection Office,

(12) Human Rights Promotion Office,

(13) Human Rights Policy Reforms and Development Office;
(14) Human Rights Institute, and

(15) Adjudication Office.

Each of the Offices enumerated above may have such divisions as are necessary to catty

‘out the respective functions of the Office.

‘The head of the Offices in subsection (a) numbers (4) to (15) shall have the rank, salary
and privileges equivalent to Director IV, The Executive Director shall have the rank, salary

and privileges of an Assistant Secretary.

‘As an independent Constitutional office, the Commission may effect organization changes

in its steuctural organization as the need arises.
Regional Offices

‘The Commission shall have seventeen (17) Regional Human Rights Offices. The Regional
Offices will include twelve (12) geographically grouped regional offices, four (4) special
administrative regional offices, in the administrative regions created by law, namely, the
National Capital Region, the Cordillera Administrative Region, the CARAGA

Administrative Region, and Autonomous Region for Muslim Mindanao.

For purposes of an efficient and effective administration and operation, Region VI shall be
divided into Region IV-A and Region IV-B. Region IV-A shall cover the provinces of
Cavite, Laguna, Batangas, Rizal and Quezion; while Region IV-B shall cover the provinces
of Oriental Mindoro, Occidental Mindoro, Marinduque, Romblon and Palawan.

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Each Regional Human Rights Office shall be headed by a Regional Human Rights Director
TV, assisted by an Assistant Regional Human Rights Director, Such other subordinate
officers or employees may be appointed by the Commission. The officers and employees
shall be persons having general understanding of the human rights situation over the

locality and ate of known probity and independence.
(Provincial Offices

‘The Commission shall have an Office in every province corresponding to each Regional
Office, except to the National Capital Region. The latter shall instead be subdivided into
four (4) separate District Human Rights Offices of Northern District, Eastern District,

‘Western District and Southern District.

‘The Provincial and District Human Rights Offices shall provide identified services for the
protection and promotion of human sights within their specific areas of jurisdiction, and
shall be under the ditect supervision of the Regional Human Rights Offices having

jutisdiction over them.

Each Provincial and District Human Rights Office shall be headed by a Provincial and
District Human Rights Officer, respectively, and shall have such other subordinate officers
or employees as the Commission may appoint. The Provincial and District Human Rights
Officer shall carry the rank and receive salaries or benefits equivalent to Director Ill, and
should have general understanding of the human sights situation over the locality and are

of known probity and independence.

SECTION 40. The Executive Director—The Executive Director shall be tesponsible for
managing the day-to-day affaits, activities and operations of the Commission, in accordance with
the policies standards, rules and regulations adopted and promulgated by the Commission. The

Executive Director as Chief Operations Officer of the Commission shall:

(a) Recommend and/or implement administrative and management policies, rules and standard

operating procedures to be established by the Commission;

(b) Recommend and initiate programs, projects and policies which promote productivity, efficiency

and effectiveness in the Commission;

(©) Coordinate with different organizational units in the information and reporting requirement of

the Commission;

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(@) Coordinate programs of the Offices of the Commission and render periodic reports on their

operations;

(©) Resolve operational issues in accordance with the levels of authority prescribed by the

Commission;

(0) Undertake appraisal of issues and problems and policy recommendations requiring decision

and action by the Commission;

(g) Conduct necessary representation with different branches and agencies of government on vital

issues and concerns involving the organization, operations and programs of the Commission;

and
(h) Perform such other functions as may be assigned by the Commission.

SECTION 41. Duties and Functions of the Offices of the Commission —The different Offices
of the Commission as provided in Section 39 of this Act shall operate in accordance with their
respective duties and functions subject to the requirements of efficiency, economy and

effectiveness, and pertinent budget and civil service laws, rules and regulations.
‘TITLE FOUR: MISCELLANEOUS PROVISIONS

SECTION 42. Immunity from Suit—The officers and employees of the Commission shall be
immune from legal actions arising from the performance of duties: Provided, ‘That this immunity

shall not cover acts done in abuse of official authority and acts done in bad faith.

SECTION 43. Use of Income—All fees and collected and/or received by the Commission in the
conduct of human rights trainings and seminars, issuance of clearance, collection of fines and
penalties, shall be deposited in an authorized depository bank and shall be available for any
function, project or activity of the Commission. Disbursement therefrom shall be made in

accordance with accounting and auditing rules and regulations.

SECTION 44. Implementing Rules and Regulations —The Commission shall, within ninety
(90) days from the approval of this Act, formulate implementing rules and regulations in
consultation with the Department of Justice, Department of National Defense, Department of the

Intetior and Local Government, and other government agencies and human tights organizations.

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SECTION 45. Operational Guidelines —The Commission shall also formulate its operational
guidelines which shall include, bur will not be limited to guidelines and procedures, functions and
duties of each office, the implementation and management of its programs and services and such

other matters as may be necessary for the implementation of this Act,

SECTION 46. Franking Privilege —All official mail matters and telegrams of the Commission
addressed for delivery within the Philippines shall be received, transmitted and delivered free of
charge: Provided, ‘That such mail matters when addressed to private persons or non-government
offices shall not exceed one thousand twenty (1,020) grams. All mail matters and telegrams sent
through Government telegraph facilities containing complaints to the Commission on Human
Rights shall be transmitted free of charge: Provided further, That the telegram shall contain not more
than one hundred fifty (150) words.

SECTION 47, Transitory Provisions.—Nothing in this shall prejudice the positions,
emoluments, security of tenure, qualifications, privileges and benefits of the incumbent
Chairperson, Members of the Commission, officers and employees of the Commission upon its
effectivity. However, officials and employees of the Commission, in aid of its reorganization upon

the effectivity of this Act, may avail of a separation benefits package as may be provided for.

SECTION 48. Appropriations. —In addition to the regular appropriations of the Commission,
the sum of thtee hundred million Philippine pesos (Php300,000,000.00) for the initial
implementation of this Act shall be included in the annual General Appropriations Act in the year

following its enactment into law.

‘Thereafter, such sums as may be necessary for the full implementation of this Act shall be included

in the annual General Appropriations Act.

SECTION 49, Separability Clause —If any provision of this Act shall be held unconstitutional,

other provisions not affected thereby shall remain valid and binding,

SECTION 50. Repealing Clause-—This law shall repeal Executive Order No. 163 (Declaring
the Effectivity of the Creation of the Commission on Human Rights as Provided in the 1987
Constitution, Providing Guidelines For the Operation ‘Thereof, and For Other Purposes), Republic
Act No. 6770 of the Ombudsman Act of 1989, and Republic Act No. 9710 ot the Magna Carta of
Women, All laws, republic acts, presidential decrees, letters of instructions, executive orders, rules
and regulations insofar as they are inconsistent with this Act are hereby repealed or amended, as

the case may be.

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SECTION 51. Effectivity Clause-—This Act shall take effect fifteen (15) days upon its

publication in at least ewo (2) newspapers of general circulation.

Approved,

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