Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1141

HOUSE BILL NO. _

Introduced by Rep. KARLO ALEXEI B. NOGRALES

EXPLANATORY NOTE

The bill seeks to strengthen the Commission on Human Rights which was
created under the 1987 Constitution by clearly defining its mandate which includes
investigative, monitoring and advocacy powers and functions. It is also aimed at
empowering the Commission by elaborating on its concurrent prosecutorial powers
and functions and to provide rules of procedure for the exercise thereof.

It also provides for the delineation of the organizational structure of the
Commission as a collegial body with the corresponding powers and functions
ascribed unto each office and the pertinent rank and qualifications of every officer
therein.

‘Among other features of the bill is the creation of a Nominations Committee to
ensure the transparency of the selection process such that only those persons with
proven integrity, independence and competence in human rights advocacy are
appointed. A staggered term of the Chairperson and Members of the Commission ig
also proposed in order to preclude their appointment by only one President even as
it guarantees the continuity of policies and programs of the Commission. And lastly,
the grant of full fiscal autonomy guarantees that the Commission will have sufficient
fiexibility to promptly and fully discharge its constitutionally mandated powers and
functions.

The early passage of this bill is, therefore earnestly sought.

KARLO ALEXEI B. NOGRALES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Cily

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO 1141

Introduced by Rep. KARLO ALEXEI B. NOGRALES

AN ACT STRENGTHENING 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 “Commission on Human Rights
Act of 2010”,

SEC. 2. State Policy on Human Rights. - The State values the dignity of every
human person and guarantees full respect for human rights. Il shall give highest
priority to the enactment of measures that protect and enhance the right of all the
people to human dignity.

SEC. 3. Definition of Terms. - For purposes of this Act, human rights shall
include those found in Article Ill of the Constitution and those affirmed and
yecognized by the State in the following international covenants: the Universal
Declaration of Human Rights (1948); the International Covenant on Civil and Political
Rights (1976); and the International Covenant on Economic, Social and Cultural
Rights (1976), and all other international instruments on human rights to which the
Philippines is a signatory.

CHAPTER |
THE COMMISSION ON HUMAN RIGHTS

A. The Chairperson and Members

SEC. 4, The Commission; Composition and Qualifications. - The Commission on
Human Rights, also known as the Commission from hereon, is a collegial body and
shall be composed of a Chairperson and four (4) Members who shall possess the
following qualifications:

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

(b) Must be at least thirty-five (35) years of age at the time of their appointment,
with proven integrity and competence;

{c) Majority of whom, including the Chairperson, must be members of the
Philippine Bar whe have been engaged in the practice of law for at least five (5)
years;

(d) Must have an understanding of human rights protection, promotion and


advocacy; and

{e) Must not have been candidates, including party-list_ nominees, for any
elective position in any national or local elections, excluding barangay elections,
immediately preceding their appointment.

SEC.5. Appointment and Term of Office. - The Chairperson and Members shall
be appointed by the President of the Philippines 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 any
member be appointed, reappointed or designated in a temporary or acting capacity

The term of the Chairperson and Members of the Commission shall start on the
day immediately after the end of the previous term, regardless of the dale of
appointment. Appointment to any vacancy occurring during the term shall only be for
the remaining portion of the said term

SEC.6. Prohibition 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 practice of any profession or in the active
management or control of any business which, in any way, may be affected by the
functions of their office, nor shall they be financially interested, directly or indirectly,
in any contract 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 directly avoid conflict of
interest in the conduct of their office. They shall nol be allowed to appear or practice
before the Commission for one (1) year following their cessation from office.

No spouse or relative by consanguinity or affinity within the fourth (4) civil
degree and no law, business or professional partner or associate of the Chairperson
or Members may appear as counsel or agent, appearing for or on behalf of the
Chairperson or Members for pecuniary interesl, on any matter pending before the
Commission or transact business directly or indirectly therewith.

The disqualification shall apply during the tenure of the official concerned and
one (1) year thereafter.

SEC.7. Disclosure of Relationship. — It shall be the duty of the Chairperson and
Members to make under oath to the best of their knowledge a public disclosure of
the identities of, and their relationship with the persons referred to in the preceding
section. The disclosure, which shall be in writing, shall be filed in the Office of the
Ombudsman after the appointee assumes office and every year thereafter. The
disclosures made pursuant to this section shall form part of the public records and
shall be made available and accessible to the public.

SEC.8. Salary, Retirement and Other Privileges of the Chairperson and
Members. — The Chairperson and Members of the Commission shall receive the
same salary and privileges as the Chairperson and Members of the Constitutional
Commissions, and which shall not be decreased during their term of office. Likewise,
they shall receive the same retirement benefits to those of the Constitutional
Commissions as provided by law.


B. Nomination of Chairperson and Members

SEC.9. Nominations Committee. - The President of the Philippines shall choose
and appoint the Chairperson and Members of the Cornmissian from a list of three (3)
nominees per position selected by a Nominations Committee to be composed of the
following members:

(a) The Chairperson of the Commission on Human Rights;

(b) The Chairperson of the Senate Committee on Justice and Human Rights;

{c) The Chairperson of the House of Representatives’ Committee on Human
Rights; and

(d) Three (3) representatives from human rights nongovernment organizations
(NGOs) and lawyers’ groups, the academe, indigenous peoples and women's
groups involved in human rights work and advocacy, duly accredited by the
Commission.

SEC. 10. Selection of Nominees. - The members of Nominations Committee shall
Jhave equal voting rights. They shall meet not later than three (3) months before the
end of a current term or within @ week afler the occurrence of a vacancy during a
term. They shall submit to the President of the Philippines the list of nominees one
(1) month before the end of the said term or a month after the said vacancy, The
President of the Philippines shall make the appointment within one (1) month from
the submission of the list of nominees by the Nominations Committee, The
Nominations Committee shall adopt its own rules of procedure.

The Commission shall provide secretariat support to the Nominations
Committee. It shall make all proceedings of the Nominations Committee open and
accessible to the public. Vacancies as well as the list of nominees shall be published
in a newspaper of general circulation

SEC. 11. — Pluralist Representation. — In the selection of nominees for Chairperson
and Members of the Commission, the Nominations Committee shall take into
consideration pluralist representation of civil society involved in the promotion and
protection of human rights.

SEC.12. Nongovernment and Peoples’ Organizations. - The accredited human
rights nongovernment and peoples’ organizations shall choose their three (3)
representatives to the Nominations Committee from among themselves in a meeting
attended by a representative of the Commission. In the absence of a selection
procedure agreed upon by said organizations, the Commission shall promulgate
rules of procedure on the selection of the three (3) representatives by the accredited
organizations: Provided, That selection rules agreed upon by the organizations
among themselves shall supersede any rule promulgated by the Commission

Accreditation by the Commission shall be based on guidelines to be prescribed
in its implementing rules and regulations.

C. Nature of the Commission

SEC.13. The Commission as an Independent Office. - The Commission is an
independent constitutional office. It shall not be subject to instructions or orders from
the President of the Philippines, Congress or the Judiciary, except in cases provided
in the Constitution with regard to the appointment of its Chairperson and Members,
legislation affecting the exercise of its powers and functions, and judicial review of
the legality of its acts, orders, resolutions or decisions.


SEC.14. The Commission as the National Human Rights Institution of the
Philippines. — The Commission is the national human rights institution of the
Philippines in accordance with the Principles Relating to the Status of National
Institutions (“The Paris Principles") and other United Nations’ Resolutions pertaining
to the effective functioning of national human rights institutions.

SEC. 15. Fiscal Autonomy. - The Commission shall enjoy full fiscal autonomy.
The approved annual appropriations of the Commission shall be automatically and
regularly released.

CHAPTER II
POWERS AND FUNCTIONS

‘A. General Powers and Functions

SEC. 16. General Powers and Functions of the Commission. — The Commission
shall have the following general powers and functions:

(a) Investigate, on its own or on complaint by any parly, 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 or of its lawful orders in accordance
with the Rules of Court;

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

(d) Provide legal aid services to the underprivileged whose human rights have
been violated or need protection;

(e) Exercise unhampered and unrestrained visitorial powers over jails, prisons
‘or detention facilities;

(f) Establish a continuing program of research, education and information to
enhance respect for the primacy of human rights;

(g) Recommend to Congress effective measures to promote human rights and
to provide for compensation to victims of violations of human rights or their families;

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

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

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

(k) Deputize government prosecutors or private lawyers, who shall be under
the direct control and supervision of the Commission, for the prosecution of human
rights cases under Section 26 hereof,

(I) Accredit national nongovernment and peoples’ organizations involved in
human rights promotion, protection and advocacy, including for purposes of visiting
persons arrested, detained or under custodial investigation,

(m) Ensure that the status, rights and interests of children are upheld in
accordance with the Constitution, laws and international instruments on human
rights;

(n) Appoint its officers and employees in accordance with law; and

(0) Perform such other duties and functions as may be provided by law.


B. Investigation

SEC. 17. _ Investigative Powers and Functions. — The Commission shall exercise
primary and original jurisdiction to investigate, on complaint or motu proprio, cases of
human rights violations to include civil, political, economic, social and cultural rights.
In the exercise of its investigative function, the Commission shall have the following
powers:

(a) Act promptly on complaints filed in any form or manner by any person,
whether directly affected or not, and on a finding of human rights violation,
recommend the filing of appropriate administrative, civil and/or criminal action. Any
investigation being conducted by any other body shall nol be a bar to the
investigation of the Commission;

(b) Compel the attendance of witnesses and the production of evidence, to
place the witnesses under oath or affirmation, issue subpoenas and take testimony
in any investigation or inquiry;

{c) Issue orders and directives constituting preventive and legal measures as
provided for under Sections 19 and 20, respectively;

(d) Provide protection and financial assistance to witnesses to ensure their
attendance in investigations and production of evidence;

(e) Delegate to its deputies, investigators or representatives such authority or
duty as shall ensure the effective exercise or performance of ils investigative
function;

(f) Require the assistance of any officer or employee of any department,
bureau or office, subdivision, agency or instrumentality of the government, including
government-owned or -controlied corporations and local governments;

(g) Deputize lawyers or legal aid groups, medical organizations, as well as
government agencies and offices, to provide assistance in the exercise of its
investigative functions;

(h) Make the results and findings of its investigations available and accessible
to the public; and

(i) Cite and punish for direct or indirect contempt any person for violations of
the Commission's lawful orders. The Rules of Court shall apply suppletorily to the
Rules of the Commission.

SEC. 18. —Imprescriptibility of Human Rights Violations. ~ The investigation of
human rights violations shall not be subject to any statute of limitations or
prescriptive period.

SEC.19. Scope of Preventive Measures. — The preventive measures under
Article XIII, Section 18(3) of the Constitution that may be issued by the Commission
in the investigation of cases involving all forms of human rights violations shall
include the following:

(a) Injunction orders directing any member of the government's military or police
forces, as well as public officials or employees, or any person acting under their
control and supervision, to desist from hiding, transferring or torturing a detainee and
to allow access to said detainee by the Commission, his/her counsel, physician and
relatives;

(b) Orders directing the government official or employee, or any person in
control of the premises of any government agency or office, specifically police and
military detention facilities, secret detention places, stations, installations, camps,
bases and training schools, as well as private land and property, to permit the
inspection of said premises;


(c) Orders to transfer persons deprived of their liberty and in danger of reprisal
due to the filing of a complaint in connection with his/her detention, in order to
secure safety of his/her person;

(d) Restraining orders restricting respondent, his/her unit or command from
entering the immediate vicinity of the affected area or residence and (rom searching
the victim or his/her belongings; and

(e) General writs of injunction ordering the respondent to refrain from
committing any and all acts that would tend to cause irreparable harm and have the
immediate effect of rendering the investigation of the Commission moot and
academic.

(0
SEC. 20. Scope of Legal Measures. - The legal measures under Article XIl|,
Section 18(3) of the Constitution that may be provided by the Commission shall

*include the following:

(a) Mandatory protection orders directing government security forces, other
appropriate government agencies or private institutions to provide specific protection
to victims of human rights violations;

(b) Orders to deputize government offices and private institutions for the
purpose of providing protection; and

(c) Orders to deputize government and private lawyers as counsels de officio to
ensure that the human rights of the victim are not further violated.

SEC. 21. Grant of Immunity. - The Commission may grant immunity from
prosecution to any person whose possession and production of documents or other
evidence may be necessary to determine the truth in any hearing, inquiry or
proceeding under such terms and conditions as it may determine, taking into account
pertinent provisions of the Rules of Court and its own rules. The immunity granted
shall be revoked on account of evidence presented to be true but which is, in fact,
false and spurious, and without which the Commission would nol have granted
immunity.

SEC. 22. Preventive Suspension. - With the exception of Members of Congress,
those of the Judiciary and impeachable officials, the Commission may preventively
suspend any officer or employee, after summary hearing/s, pending an investigation,
if in its judgment: (a) the evidence of guilt is strong; (b) the charges would warrant
removal from the service; and (c) the respondent's continued stay in office may
prejudice the case filed against him/her.

In the case of suspended elective official/s, upon expiration of histher
preventive suspension, he/she shall be deemed reinstated in office without prejudice
to the continuation of the proceedings against him/ner which shall be terminated
within one hundred twenty (120) days from the time he/she was formally notified of
the case against him/her.

The preventive suspension shall be immediately executory, unless restrained
by the Court of Appeals or the Supreme Court, and shall continue until the case is
terminated by the Commission: Provided, That said suspension shall not be more
than three (3) months without pay, except when the delay in the disposition of the
case by the Commission is due to the fault, negligence or petition of the respondent,
in which case the period of such delay shall not be counted in computing the period
of suspension herein provided


Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority.

The respondent official preventively suspended from office shall receive no
salary or compensation during such suspension; but upon subsequent exoneration
and reinstatement, he/she shall be paid full salary or compensation including such
emoluments accruing during such suspension.

The respondent shall be accorded full opportunity to appear and defend
himself/herself in person or by counsel, to confront and cross-examine the witnesses
against him/her, and to require the attendance of witnesses and the production of
documentary evidence in his/her favor through the compulsory process of subpoena
or subpoena duces tecum

SEC. 23. Referral to Disciplining Authority. - The Commission may direct the
disciplining authority to take appropriate action against a pubiic officer or employee
found guilty of committing violations of human rights and recommend his/her
removal, suspension, demotion, censure, imposition of fine or prosecution and to
ensure compliance by requiring the officer concerned to report on his/her action
within thirty (30) days from receipt of the recommendation of the Commission.
Failure to act or comply with said recommendation shall be actionable by
mandamus.

For this purpose, every case on which the Commission has rendered a
sesolution or recommendation adverse to a public official shall be transmitted to the
head of the department, agency or instrumentality, or of the province, city or
municipality concerned for immediate action, as may be necessary.

SEC. 24. — Motu Proprio Dismissal. - The Commission may dismiss, motu proprio,
a complaint for the investigation of human rights violations on any of the following
grounds:

{a) The complaint pertains to a matter outside the jurisdiction of the
Commission;

(b) The complaint is trivial, frivolous, vexatious or made in bad faith; or

(c) Other valid grounds as may be provided by the Commission.

SEC. 25. _ Investigation by Regional Offices. — The regional office shall investigate
complaints falling within its territorial jurisdiction unless the Commission en bane, in
its discretion, takes direct cognizance of the same. Upon recommendation of the
regional office in investigations pending before it, the Commission en banc may
issue legal and preventive measures and preventive suspension orders which are
immediately executory. Within ten (10) days after concluding the investigation, the
regional office shall render the appropriate order, directive or resolution subject to
appeal to the Commission en banc pursuant to its rules.

C. Prosecution

SEC. 26. Concurrent Prosecutorial Powers and Functions. - The Commission
shall exercise concurrent prosecutorial powers and, functions as herein provided.

In the event of the failure of the prosecution agency of the government to initiate
a preliminary investigation within ninety (90) working days from its receipt of the case
recommended for prosecution by the Commission, the latter shall conduct the


preliminary investigation and, upon a finding of probable cause, refer the same to the
appropriate prosecution agency for the filing of the information and prosecution of
the case.

In case of failure of the prosecution agency to file the information within thirty
(30) calendar days upon receipt of the resolution of the Commission finding probable
cause, the latter shall exercise concurrent prosecutorial powers by filing the
information in court on its own and prosecuting the case. For this purpose, the
Commission shall have the power to depulize government prosecutors or private
lawyers who shall be under its direct control and supervision

This section shall apply in cases where the offender is a public officer as
defined under Article 203 of Republic Act No. 3815, otherwise known as the Revised
Penal Code, as amended, and acting in his/her capacity as such, or any person
acting on behalf or under the immediate control of the State and its agents, and
where the human rights violation constitutes @ criminal offense under the Revised
Penal Code, as amended, and special laws, as follows:

(a) Use of physical, psychological and degrading punishment, torture, force,
violence, threats and intimidation;

(b) Extrajudicial killings, summary executions and “massacres” or mass killings:

(c) Violations of right to be secure from unreasonable searches and seizures,
including involuntary or enforced disappearances;

(d) Violations of the rights of persons arrested, detained or under custodial
investigation, including deprivation of the rights of political detainees;

(e) Violations of the right to a speedy, impartial and public trial or disposition of
cases;

(f) Hamletting, forced evacuation or eviction, illegal demolition, development
aggression and other violations of the right to travel and to freely choose one's
abode and change the same;

(g) Violations of the right to peaceably assemble, free association and to
petition the government for redress of grievances;

(h) Violations of the right to worship and the free exercise of a religion;

(i) Violations of the right to privacy;

() Violations of civil and political rights of persons suspected of, accused of, or
detained for the crime of terrorism or conspiracy to commit terrorism;

(k) Political, religious, racial, ethnic, social or sexual persecution, oppression or
harassment committed with acts constituting offenses punished under the Revised
Penal Code, as amended, and special laws; and
* (V) In general, any crime penalized under the Revised Penal Code, as
amended, or special laws when committed within the context of or resulting to
human rights violations.

(m)

SEC. 27. When Committed by Non-State Actors. - The preceding section shall
also apply when the violation is committed by non-state actors. Non-slate actors are
persons, other than public officers, belonging to and acting on behalf or under the
immediate control of a juridical or non-juridical person, whether legitimate or
illegitimate including, but not limited to, the following:

(a) Armed groups, warlords and private armies;

(b) Criminal organizations and groups; and

(c) Multinational, foreign and domestic corporations, and other business
entities

SEC. 28. When Committed Against Vulnerable Persons. — The concurrent
prosecutorial powers of the Commission shall likewise apply in the investigation and


prosecution of the following offenses as penalized under the Revised Penal Code, as
amended, and special laws when committed by any person against any member or
group of vulnerable persons, as defined herein:

(a) Involuntary servitude constituting Crimes Against Personal Liberty and
Security;

(b) Crimes penalized under Republic Act No. 7610, or the “Special Protection of
Children Against Abuse, Exploitation and Discrimination Act";

(c)Crimes penalized under Republic Act No. 9262, or the “Anti-Violence
Against Women and Their Children Act of 2004”; and

+ (d) Crimes penalized under Republic Act No. 8371, or “The Indigenous Peoples

Rights Act of 1997”

Vulnerable persons shall include those identified as such in intemational human
rights treaties, specifically children, women, elderly, persons with disabilities, migrant
workers, indigenous peoples and ethnic and religious minorities.

D. Monitoring

SEC. 29. Monitoring Powers and Functions. — In the exercise of its mandate to
monitor the government's compliance with its international human rights treaty
obligations, the Commission shall have the following powers and functions:

(a)Request any department, bureau or office, subdivision, agency or
instrumentality of the government to submit timely international human rights treaty
compliance reports and to furnish the Commission copies thereof within thirty (30)
days from submission to the United Nations and other international bodies:

(b) Conduct inquiries on the manner of implementation by the Philippine
government of specific human rights treaty obligations;

(c) Summon any public official o explain on the measures undertaken by
his/her agency in order to comply with the State’s international treaty obligations on
human rights;

(d) Enter and inspect the premises of any government agency or office,
specifically police and military stations, installations, camps, bases and training
schools without need of prior permission:

(e) Access any book, record, file, document or paper located in the
abovementioned offices and facilities;

(f) Study and recommend to the government international human rights trealies
or instruments for its signature, ratification or accession;

(g) Make timely and regular submission of independent reports to international
human rights treaty bodies and other international human rights mechanisms;

(h) Advise and assist the government on clearly-idenlified gaps in human rights
treaty compliance;

(i) Capacitate stakeholders to enable participation in moniloring human rights
treaty compliance by the government;

(j) Delegate to its deputies, investigators or representatives, such authority or
duty which shall ensure the effective exercise or performance of ils monitoring
functions; and

(k) Recommend and institutionalize best practices and incentives for human
rights advocates and institutions.

SEC.30. Other Monitoring Functions. - The Commission shall likewise monitor
observance by non-state actors of human rights obligations arising from agreements
antered into with the government, as well as unilateral declarations and similar
undertakings.


SEC.31. Annual Report. - The Commission shall prepare and make public an
annual report on the findings of its monitoring activities with regard to the state of the
government's compliance with its international human rights treaty obligations. The
report shall include, but not be limited to, the following

(a) Identification of systematic pattems of human rights violations using
documented cases;

(b) Analysis of the factors which contribute to the commission of human rights
violations;

(c) Assessment of the legal mechanisms of existing institutions in providing
adequate human rights protection;

(d) Recommendations for legal, legislative and institutional reforms for the
greater promotion and protection of human rights; and

(e) Statistics and data indicating the nature of complaints received, the
investigations conducted and findings made, and the actions taken by the
government agencies concerned on the Commission's recommendations.

E. Education and Advocacy

SEC.32. Education and Advocacy in Government. — The Commission shall
undertake a program of human rights promotion and advocacy through education
and training to enhance respect for the primacy of human rights in coordination with
the different agencies of the 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.

SEC.33. Education and Advocacy in Civil Society. — The Commission shall also
undertake 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 rights nongovernment organizations, lawyers’
groups, the academe and peoples’ organizations of the concerned sectors of civil
society.

SEC. 34. Research. - The Commission shall undertake a continuing research
and study on select human rights issues for purposes of recommending policy
reforms, as well as administrative and legislative measures that will also address
economic, social and cultural rights.

SEC. 35. Coverage of Programs. — The Commission shall prescribe the scope
and coverage of education, advocacy, information and training programs on human
rights, and which will be provided for in the implementing rules and regulations of this
Act.

F. Other Powers and Functions

SEC.36. Witness Protection Program. ~ In the conduct of its investigations, the
Commission shall implement and manage a witness protection program, including
the provision of security, shelter, relocation and livelihood assistance o witnesses
and their families.


SEC. 37. Financial Assistance Program. — The Commission shall strengthen its
financial assistance program to victims of human rights violations and their families

The funds necessary for the initial implementation of the Witness Protection and
Financial Assistance Program shall be taken from the current year’s appropriation of
the Commission. Thereafter, the funding requirement shall be included in the annual
General Appropriations Act.

The Commission shall adopt operational guidelines on the implementation and
management of these programs which shall be included in its implementing rules
and regulations.

SEC. 38. Legal Assistance Program. ~ The Commission shall implement a legal
assistance program to benefit victims of human rights violations consisting of the
provision of legal services in coordination with human rights organizations and
lawyers’ groups, the Integrated Bar of the Philippines and Philippine law schools with
legal aid programs.

Upon its «discretion, the Commission may also provide allowances and
incentives to private lawyers or lawyers’ groups who would render their professional
services on behalf of the Commission in any court proceeding involving the litigation
of human rights cases, subject to auditing rules and regulations.

SEC. 39. Protection of Filipinos Abroad. — The Commission shall undertake
measures for the protection and promotion of human rights of Filipinos living abroad.
It may assign organic personnel to act as Human-Rights Atiachés in Philippine
embassies or consulates or deputize Philippine Embassy or Consulate officers,
resident private individuals of known probity and active involvement in human rights
work, or foreign-based human rights and migrant workers’ nongovernment
organizations in countries where the incidence of human rights violations of Filipinos
is widespread and commonplace, including traditional host countries of overseas
Filipino workers.

The assigned personnel acting as Human Rights Attachés or deputized
individuals of the Commission shall monitor the status of human rights of Filipinos
living abroad and establish networks among Filipinos for purposes of monitoring and
reporting cases of human rights violations, as well as for providing counseling and
financia! assistance to victims. They shall immediately notify the concerned Embassy
officials of incidents of human right violations of Filipinos and provide immediate
assistance to victims.

SEC. 40. Creation of Ad Hoc Truth Commissions. - The Commission may
recommend the creation of ad hoc Truth Commissions on matiers of transcendental
importance, such as widespread and systematic human rights violations occurring
over prolonged periods of time, or under extraordinarily-repressive conditions, or
attended by a culture of impunity that is instigated, inspired or orchestrated by public
officials, in conspiracy with government security forces or State-sponsored armed
groups.

SEC. 41. _ Issuance of Certifications. - Tne Commission shall issue certifications to
members of the military, police and other law enforcement agencies prior to their
promotion or assumption to office. The Commission shall clearly indicate in ils
certification if the applicant has a pending case with them and shall state the nature
and status of the case/s filed


The Commission shall also make its own recommendations to the Commission
on Appointments prior to the confirmation of other officials other than those
mentioned in the preceding paragraph, who are being considered for promotion or
appointment.

* This provision shall also apply to other government officers with Salary Grade
Twenty-seven (27) or its equivalent and higher.

It may also issue certifications for purposes of trainings, local or foreign study
grants and education purposes, upon proper request made by the applicant.

SEC. 42. Appeals; Prohibition Against Injunction. — Orders, decisions or findings
of the Commission, including determination of probable cause, shall be appealed to
the Court of Appeals on both questions of fact and law, or on certiorari to the
Supreme Court on pure questions of law. No writ of injunction against the
Commission in the performance of its functions shall be issued other than those
emanating from the Court of Appeals or the Supreme Court.

SEC. 43. Protection from Harassment Suits; Dismissal. — The Chairperson,
Members, officers and employees of the Commission shall be free from any
administrative, civil or criminal liability in the regular performance of their functions.
Personal legal actions brought against them shall be dismissed where it appears that
the same was filed for acts committed in the regular performance of said functions

CHAPTER IIL
ORGANIZATION AND STRUCTURE

SEC. 44. Commission as a Collegial Body. - The 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 of the Commission and for proper execution of its constitutional
mandate.

In the exercise of its powers and functions, the Commission shall sit and render
its decision en bane. Every such decision, order or resolution of the Commission
must bear the concurrence and signature of at least three (3) Members thereof.

The Commission shall meet regularly once a weék, or as the Commission may
direct, or upon call by the Chairperson. A majority of the Members, al least three (3)
Members, constitutes a quorum needed in any en banc meeting of the Commission.

SEC.45. The Chairperson as Executive Officer; Powers and Duties. — The
Chairperson shall be the Chief Executive Officer of the Commission, and shall

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

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

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

(d) Make temporary assignments, rotate and transfer personnel in accordance
with the provisions of the Civil Service Law and the policies involving them,

{e) Submit an annual budget to the Commission for its approval and submission
to the Department of Budget and Management (DBM) and to the Congress of the


Internal Administration, which shall be comprised of the Planning and Management
Office, the Financial Management Office, the General Administration Office and the
Information System Management Office: _(b) Assistant Commissioner for Human
Rights Protection, which shall be composed of the Legal Office, the Investigation
Office, the Forensic Office, the Assistance and Visitorial Office and the Security and
Protection Office; (c) Assistant Commissioner for Human Rights Promotion and
Advocacy, which shall be comprised of the Human Rights Instruments Compliance
and Monitoring Office and the Education, Advocacy and Research Office; and (4)
Assistant Commissioner for Regional Operations, which shall be comprised of the
Regional Offices,

The Assistant Commissioners shall act as facilitators in conveying the directives
and policies of the Commission to their respective cluster offices, as monitors of their
respective cluster offices’ actions as well as their implementation and as advocates
for their cluster offices who will identify, raise and settle issues or concerns which
require appropriate action.

The Assistant Commissioners shall identify, analyze and evaluate approaches,
*strengths and weaknesses of programs’ reports and performance evaluations and, in
the case of regional operations, the implementation and pursuit of mandates
nationwide

The Assistant Commissioners shall be appointed to the Commission, with
preferential status given to the officers and employees within the Commission who
have been working therein for at least seven (7) years prior to the time of their
appointment.

The Assistant Commissioners must be of prover integrity and competence and
must have been involved in human rights promotion and protection activities for at
least seven (7) years. In addition, the Assistant Commissioner for Human Rights
Protection must also be @ member of the Philippine Ber, and the Assistant
Commissioner for Internal Administration must be a certified public accountant. All of
the Assistant Commissioners shall have the rank, emoluments and benefits of an
Assistant Secretary.

SEC. 48. The Executive Director. - The Executive Director shall be responsible
for managing the day-to-day affairs, activities and operations of the Commission in
accordance with the policies, standards, rules and regulations adopted and
promulgated by the Commission. In particular, the Executive Director shall

(a) Provide direct supervision, control, coordination and monitoring of all
activities, functions and operations of the national and regional units of the
Commission;

(b) Upon consultation with the Assistant Commissioners concemed,
recommend and/or implement administrative and management policies, rules and
standard operating procedures to be established by the Commission;

(c) Recommend and initiate programs, projects and policies which promote
productivity, efficiency and effectiveness in the Commission, with prior consultation
with the Commission and Assistant Commissioners concerned;

(d) Coordinate with the Assistant Commissioner/s concerned as well as the
Commission's different organizational units in the information and reporting
requirement of the Commission;

(e) Resolve operational issues in accordance with the levels of authority
prescribed by the Commission;

(f) Undertake appraisal on issues/problems and policy recommendations


Philippines;
(f) Delegate hisfher 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.

SEC. 46. Structural Organization. - The Commission shall have the following line
offices and operating units:
(a) Office of the Chairperson;
(b) Office of the Commissioners;
(c) Office of the Assistant Commissioner for Inteznal Administration;
(A) Office of the Assistant Commissioner for Human Rights Protection;
(e) Office of the Assistant Commissioner for Human Rights Promotion and
Advocacy;
(f) Office of the Assistant Commissioner for Regional Operations;
(g) Office of the Executive Director;
(h) Office of the Commission Secretary;
{i) Information System Management Office;
(j) Planning and Management Office;
(k) Financial Management Office;
(!) General Administration Office;
(m)Legal Office;
(n) Investigation Office;
(0) Assistance and Visitorial Office;
(p) Forensic Office;
(q) Security and Protection Office;
(1) Human Rights Instruments Compliance and Monitoring Office;
(s) Education, Advocacy and Research Office;
(t) Public Information Office;
{u) Sectoral Rights Offices; and
(v) Regional Offices.

With the exceptions of the Chairperson, Commissioners, Assistant
Commissioners and Executive Directors, all the abovementioned offices shall be
headed by an official with a rank, salary and privileges equivalent to a Director IV.
The Sectoral Rights Offices shall be headed by officials with the rank of Director II

As an independent constitutional office, the Commission may effect changes in
the organization as the need arises: Provided, That said reorganization shall be
funded within the personal services appropriation of the Commission.

The Public Information Office, which will be under the direct supervision of the
Chairperson of the Commission, shall assume the role of a media relations unit that
will disseminate all information to the general public including the issuances of the
Commission, enable public access to general information pertaining to the
Commission, and encourage active participation of all forms of media, for the
promotion of human rights.

All officers and employees of the Commission, unless otherwise provided
herein, shall receive emoluments and privileges that shall not be less than those
given to comparable positions in any office in the government

SEC. 47. Assistant Commissioners. — There shall be four (4) Assistant
Commissioners as head of the different clusters: (a) Assistant Commissioner for


requiring decision/action by the Commission;
(g) Conduct necessary representation with different branches and agencies of
* the government on vital issues/concerns involving the organization, operations and
programs of the Commission; and
(h) Perform such other functions as may be assigned by the Commission En
Bane.

The Executive Director shall be appointed by the Commission and shall be
member of the Philippine Bar with proven integrity and competence, and must have
been involved in human rights promotion and protection activities for seven (7)
years. He/She shall have the rank, salary and privileges of an Assistant Secretary,

SEC. 49. The Commission Secretary. ~ The Commission Secretary, who shall
head the Commission Secretariat, shall provide executive services to the
Commission on its regular, special and executive meetings; assistance on policy
review and coordination; review and appraisal of the programs and other project
undertakings of the Commission, including technical support on the formulation of
guidelines, directives, mandates and executive summaries and reports. In addition,
the Committee Secretary shall:

(a) Prepare the agenda of meetings of the Commission En Banc and ensure
complete recording of proceedings;

(b) Develop, recommend to the Commission En Banc, and implement an
approved disclosure policy for the Commission;

{c) Formulate, propose and implement a central records management system
for the Commission En Banc, and act as the custodian of all records on human rights
cases filed with the Commission, including records on resolutions, rules, policies,
regulations and other decisions, proceedings of its meetings and other pertinent
records; .

{d) Design, propose and implement a central records management system and
provide records management orientation and assistance to the various offices of the
Commission;

(e) Prepare and issue, directives to concerned offices, by authority of the
Commission En Bane;

(f) Represent the Commission En Banc in different technical working
committees of the Commission, as may be directed by'it;

(g) Respond to queries from the different central and regional offices on matters
pertaining to policies, rules and decisions, as authorized by the Commission En
Banc; and

(h) Perform such other related functions as may be assigned by the
Commission En Bane.

The Commission Secretary, who must be at least a degree holder of Bachelor
of Laws (LI.B.) or Juris Doctor (JD), shall have the rank, salary and privileges of a
Director IV.

SEC. 50. Duties and Functions of the Offices of tie Commission. ~ The different
offices of the Commission provided in Section 46 of this Act shall operate in
accordance with their respective duties and functions assigned to them by the
Commission, subject to requirements of efficiency, economy and effectiveness, and
pertinent budget and civil service laws, rules and regulations

SEC.51. Officers of the Commission. ~ All officers appointed by the Commission
who possess the rank or position that is above Division Chief level and officially
performs managerial and executive functions must be Career Executive Service


(CES) eligible under the Career Executive Service Board or has equivalent eligibility
as the Commission may establish.

The Commission may propose additional qualification standards to be
submitted for approval to the DBM and for information of the Civil Service
Commission.

SEC. 52. Regional Offices. - The Commission shall have seventeen (17) regional
offices and as may be further established by law, with two (2) regional offices for
Region IV, including the National Capital Region (NCR), the Caraga Administrative
Region (CARAGA), the Cordillera Administrative Region (CAR) and the Autonomous
Region of Muslim Mindanao (ARMM).

Each Regional Office shall be headed by a Regional Human Rights Director
_with a rank and salary of Director IV, who must be a member of the Philippine Bar,
assisted by an Assistant Regional Human Rights Director, and such other
subordinate officers or employees as the Commission may appoint. The Assistant
Regional Human Rights Director shall carry the rank and receive the same salary
and privileges of a Director Ill.

The Commission may delegate its powers and functions or order the
implementation or enforcement of its orders, rulings or decisions through the heads
of its regional offices in accordance with its rules and regulations to be promulgated
by the Commission,

SEC. 53. Sectoral Rights Offices. - The Commission shall establish offices and
centers to undertake promotion and protection of the rights of vulnerable sectors to
include, but not be limited to, women and children, as the Commission may deem
appropriate.

SEC.54. Operational Guidelines. — The Commission shall formulate its
operational guidelines which shall include, but not be limited to, the functions and
duties of the Assistant Commissioners, the Executive Director, the Commission
Secretary and the heads of the line offices, the implementation and management of
its Witness Protection, Financial Assistance and Legal Aid Programs, and such other
matters as may be necessary for the implementation of this Act.

SEC.55.  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 nongovernment offices shall not exceed one
hundred twenty (120) grams. All mail matters and telegrams sent through
government telegraph facilities containing complaints to the Commission shall be
transmitted free of charge: Provided, That the telegram shail contain not more than
one hundred fifty (150) words.

SEC. 56. Financial Report. — The Commission shall make available to the public
its annual financial statements including, but not limited to, expenditures and sources
of funds.

SEC.57. Appropriations. — In addition to the regular appropriations of the
Commission, the sum of Three hundred million pesos (P300,000,000.00) for the
initial implementation of this Act shall be included in the annual General
Appropriations Act (GAA) 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 GAA.

SEC. 58. — Transitory Provision. — Nothing in this Act shall prejudice the positions,
emoluments, security of tenure and privileges of the incumbent Chairperson and
Commissioners, officers and employees of the Commission upon its effectivity.
However, officials and employees of the Commission may avail of an early
retirement program as may be provided for by the Commission upon the effectivity of
this Act.

SEC. 59. Implementing Rules and Regulations. ~ The Commission shall, within
sixty (60) days from the approval of this Act, formulate the implementing rules and
regulations in the exercise of its general, investigative, prosecutorial, monitoring,
education and advocacy powers and functions in consultation with other concerned
agencies of the government.

SEC.60. Separability Clause. — If any provision of this Act shall be held
unconstitutional, the other provisions not affected thereby shall remain valid and
binding

SEC. 61. Repealing Clause. — All laws, republic acts, presidential decrees, letters
of instruction, executive orders, rules and regulations insofar as these are
inconsistent with this Act are hereby repealed or amended, as the case may be.

SEC. 62. —_Effectivity Clause. — This Act shall take effect fifteen (15) days upon its
publication in at least two (2) newspapers of general circulation.

Approved,