FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SEN ATE 
______________________ 
-----'R"'I,-'-'X--"'Z"";l \' El) ~_ 
COMMITTEE REPORT NO. 
36 
Submitted jOintly by the Committees on Justice and Human Rights and 
Constitutionai Amendments, Revision of Codes and Laws on 
MAY 1 1 2011 
Re: 
Senate Bill No. 
2817 
-----
Recommending its approval in substitution of S. Nos. 100, 1226, 1455 and 
2176 
Sponsor: 
Senator Escudero 
MR. PRESIDENT: 
The Committees on Justice and Human Rights and Constitutional 
Amendments, Revision of Codes and Laws to which were referred S. No. 
100, introduced by Senator Escudero, entitled: 
"AN ACT 
DEFINING AND PENALIZING THE CRIME OF ENFORCED 
OR INVOLUNTARY DISAPPEARANCE" 
S. No. 1226, introduced by Sen. Villar, entitled: 
"AN ACT 
DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY 
DISAPPEARANCE" ; 
S. No. 1455, introduced by Sen. Santiago, entitled: 
"AN ACT 
DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY 
DISAPPEARANCE"; 


And S. No. 2176, introduced by Sen. Pangilinan, entitled: 
"AN ACT PENALIZING ENFORCED OR INVOLUNTARY 
DISAPPEARANCE AND FOR OTHER PURPOSES" 
have considered the same and have the honor to report them back to the 
Senate with the recommendation that the attached Senate Bill No. 281 'i, 
prepared by the Committees entitled: 
"AN ACT 
DEFINING AND PENALIZING THE CRIME OF ENFORCED 
OR INVOLUNTARY DISAPPEARANCE" 
be approved in substitution of S. Nos. 100, 1226, 1455 and 2176, with 
Senators Escudero, Villar, Santiago, and Pang iii nan , as authors thereof. 


Respectfully submitted: 
~ 
~V/i;'.~ ~v~ J2~ ~ 
SEN. MIRI 
. ~:>E!~~SO(SANTIAGO 
mrperson 
Committee on Constitutional Amendments, 
Revision of Codes and Laws 
-iE,s 
SEN. FRANCIS G. ESCUDERO 
Chairman, 
Committee on Justice and Humm1 Rights 
Chairman, 
Committee on Justice and Human Rights 
MEMBERS: 
VILLAR 
Cites. on Justice and Human Rights 
Cite. on Justice and Human Rights 
& Consti. Arne 
ments, Revision of Codes and Laws 
~~1--
SEN. ANTONIO F. TRILLANES IV 
SEN. 
NG" REVILLA, JR. 
and Human Rights \ 
Cites. on Justice and Human Rights 
& Consti. Amendments, Revision of Codes and Laws 
;:1 ;~lL·(~~?t/ 
/. 
SEN. SERGIO R. OSMENA III 
Cltee. on Justice and Human Rights 
fi'~/'.' 
,::/ , 
t¥v'G( . 
SEN. JOKER P. ARROYO 
. 
'~'Jt-~ 
Cttee. on Justice and I-luman Rights 
e/~I'/t.~-
Cttees. 0 Ju tice and Human Rights 
& Consti. Amen rn nts, Revision of Codes and Laws 
SEN. FRA'~''" P ANGILINAN 
encimcnts, 
Revision of Co es and Laws 


SEN. PANFILO M. LACS ON 
Ctte. on Consti. Amendments, 
Revision of Codes and Laws 
Vv //'hv" 
SEN. EDcARDO J. ANGARA 
CUe. on Consti. Amendments, 
Revision of Codes and Laws 
4L) 
~ANUEL 
M. LAPI}i 
Ctte. on Consti. Amendments, (' 
Revision of Codes and Laws 
~;;;;:':~unIRI 
.-ctte. on Consti. Amendments, 
Revision afCades and Laws 
SEN. FERDINAN R. JARCOS, JR. 
Ctte. on Consti. Amendme ts, Revision of Codes and Laws 
Ex-Officio Members: 
~~-
SEN. ALAN PETER CA YET ANO 
Senate Minority Floor Leader 
HON. JUAN PONCE ENRILE 
Senate President 
Senate Majority F 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
, 
'11 
MAY 11 
P5:49 
__________________ s_e_n_at_e_B_il_IN 
__ 
O. __ 2 
__ B_1_7 _____________ 
H_E_C_E_i\_!!_'i}H~ 
Prepared by the Committees on Justice and Human Rights and 
Constitutional Amendments, Revision of Codes and Laws, with Senators 
Escudero, Villar, Santiago and Pangilinan as authors thereof 
AN ACT 
DEFINING AND PENALIZING THE CRIME OF ENFORCED OR 
INVOLUNTARY DISAPPEARANCE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
I 
SECTION 1. Short Title. - This Act shall be known as the "Enforced or 
2 
Involuntary Disappearance Act of 2011". 
3 
SEC. 2. Declaration of Policy. - The State values the dignity of every human 
4 
person and guarantees full respect for human rights for which highest priority 
5 
shall be given to the enactment of measures for the enhancement of the right of 
6 
all people to human dignity, the prohibition against secret detention places, 
7 
solitary, incommunicado, or other similar forms of detention, the provision for 
8 
penal and civil sanctions for such violations, and compensation and 
9 
rehabilitation for the victims and their families, particularly with respect to the 
lOuse of torture, force, violence, threat, intimidation or any other means which 
11 
vitiate the free will of persons abducted, arrested, detained, disappeared or 
12 
otherwise removed form the effective protection of the law. 
13 
Furthermore, the State adheres to the principles and standards on the 
14 
absolute condemnation on human rights violations set by the 1987 Philippine 
15 
Constitution and various international instruments such as but not limited to the 
16 
International Covenant on Civil and Political Rights (ICCPR), and the 


I 
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment 
2 
or Punishment (CAT), to which the Philippine is a State party. 
3 
SEC. 3. Definitions. - For purposes of this Act, the following terms shall 
4 
mean: 
5 
6 
7 
8 
9 
10 
11 
12 
13 
(1) 
"Enforced or involuntary disappearance" refers to the arrest, 
detention, abduction or any other form of deprivation of 
liberty committed by agents of the State or by persons or 
groups of persons acting with the authorization, support or 
acquiescence of the State, followed by a refusal to 
acknowledge the deprivation of liberty or by concealment of 
the fate or whereabouts of the disappeared person, which 
places such person outside the protection of the law. 
(2) 
"Victim" refers to the disappeared person and any individual 
14 
who has suffered harm as a direct result of an enforced or 
15 
involuntary disappearance as defined above. 
16 
SEC. 4. Permanent Prohibition of Enforced or Involuntary Disappearance. - The 
17 
prohibition of enforced or involuntary disappearance and the fundamental 
18 
safeguards for its prevention shall not be suspended under any circumstances 
19 
including political instability, threat of war, state of war or other public 
20 
emergencies. 
21 
SEC. 5. "Order of Battle" or other similar terms, not Legal Ground for Enforced 
22 
or Involuntary Disappearance. - An "Order of Battle", or other similar terms, 
23 
official or otherwise, issued by the military, police or any other law enforcement 
24 
agencies of government, shall not justify or be made an exemption from an 
25 
enforced or involuntary disappearance as defined and penalized in this Act. 
26 
SEC. 6. Right of a Victim. - It shall be the absolute right of any person 
27 
deprived of liberty to have immediate access to any form of communication 
2 


1 
available in order for him/her to inform his/her family, relative, friend, lawyer 
2 
or any human rights organization on his/her whereabouts and condition. 
3 
SEC. 7. Duty to Report Victims of Enforced or Involuntary Disappearance. -
4 
Any person, not being a principal, accomplice or accessory, who has an 
5 
information of a case of enforced or involuntary disappearance or who shall 
6 
learn of such information or that a person is a victim of enforced or involuntary 
7 
disappearance, shall immediately report in writing the circumstances and 
8 
whereabouts of the victim to any office, detachment or division of the Philippine 
9 
National Police (PNP), the Armed Forces of the Philippines (AFP), the 
10 
Department of National Defense (DND), the City or Provincial Prosecutor, the 
11 
Commission on Human Rights (CHR) or any human rights organization and, if 
12 
known, the victim's family, relative, or lawyer. 
13 
SEC. 8. Duty to Certify an Inquiry into a Possible Victim's Whereabouts. - In 
14 
case a family member, relative, friend or lawyer of a possible victim, or human 
15 
rights organization or member of the media inquires into a possible case of 
16 
enforced or involuntary disappearance, specifically the supposed victim's 
17 
whereabouts, with the PNP, AFP, NBI, or similar agencies of government, 
18 
hospitals, morgues, the officer or personnel concerned shall issue a 
19 
corresponding certification on such inquiry, stating among others in clear and 
20 
unequivocal manner the date and time of inquiry, details of the inquiry and the 
21 
response to the inquiry. 
22 
SEC. 9. Official Up-to-Date Register of All Persons Detained or Confined. - All 
23 
persons to be detained or confined pursuant to existing laws and rules and 
24 
regulations shall be placed solely in officially recognized and controlled places of 
25 
detention or confinement where an official up-to-date register of such persons 
26 
shall be maintained. 
27 
Within forty-eight (48) hours from the time of arrest, the following details, 
28 
among others, shall be recorded in the register: 
3 


1 
(a) The identity of the person deprived of liberty or arrested; 
2 
(b) The date, time and location where the person was arrested and 
3 
the identity of the arresting authority; 
4 
(c) The ground orlegal basis for the deprivation of liberty or arrest; 
5 
(d) The agency of government having control over the deprivation 
6 
of liberty or arrest; 
7 
(e) The place of detention or confinement and the date and time of 
8 
admission to such place of detention or confinement; 
9 
(f) Records of physical, mental and psychological condition of the 
10 
person detained or confined before and after detention or 
11 
confinement; 
12 
(g) In the event of death during detention or confinement, the 
13 
circumstances and cause of death and the destination of the 
14 
human remains; 
15 
(h) In the event of a release or transfer, the date and time of release 
16 
or transfer to another place of detention or confinement, and the 
17 
person or institution responsible for the transfer. 
18 
All information contained in the register shall be regularly or upon 
19 
request reported to the CHR or any other agencies of government tasked to 
20 
monitor and protect human rights and shall be made available to the public. 
21 
SEC. 10. Submission of list of Government Detention Facilities. - Within six 
22 
(6) months from the effectivity of this Act and as may be requested by the CHR 
23 
thereafter, all government agencies concerned shall submit an updated inventory 
24 
or list of all officially recognized and controlled detention or confinement 
25 
facilities, and the list of detainees or persons deprived of liberty under their 
26 
respective jurisdictions to the CHR. 
27 
SEC. 11. Immediate Issuance and Compliance of the Writs of Habeas Corpus and 
28 
Amparo. - All proceedings pertaining to the issuance of the writs of habeas corpus 
4 


1 
and amparo shall be dispensed with expeditiously. As such, all courts and other 
2 
concerned agencies of government shall give priority to such proceedings. 
3 
Moreover, any order issued or promulgated pursuant to such writs or 
4 
their respective proceedings shall be executed and complied with immediately. 
5 
SEC. 12. VisitationjInspection of Places of Detention and Confinement. -The 
6 
CHR or its duly authorized representative are hereby mandated and authorized 
7 
to conduct regular, independent, unannounced and unrestricted visits to or 
8 
inspection of all places of detention and confinement. 
9 
SEC. 13. Liability of Commanding Officer or Superior. - The immediate 
10 
commanding officer or superior or the equivalent senior official of the offender 
11 
who has the power, prerogative or authority to prevent or uncover a crime of 
12 
enforced or involuntary disappearance but fails to do so, deliberately or 
13 
negligently, shall be held liable under the principle of command responsibility. 
14 
SEC. 14. Penal Provisions. - (a) The penalty of reclusion perpetua shall be 
15 
imposed upon the following persons: 
16 
(1) Those who directly committed the act of enforced or involuntary 
17 
disappearance; 
18 
(2) Those who directly forced, instigated, encouraged or induced others 
19 
to commit the act of enforced or involuntary disappearance; 
20 
(3) Those who cooperated in the act of enforced or involuntary 
21 
disappearance by committing another act without which the act of 
22 
enforced or involuntary disappearance would not have been 
23 
consummated; 
24 
(4) Those officials who allowed the act or abetted in the consummation of 
25 
enforced or involuntary disappearance when it is within their power 
26 
to stop or uncover the commission thereof; and 
27 
(5) Those who cooperated in the execution of the act of enforced or 
28 
involuntary disappearance by previous or simultaneous acts. 
5 


1 
(b) The penalty of reclusion temporal shall be imposed upon those who shaH 
2 
commit the act of enforced or involuntary disappearance in the attempted stage 
3 
as provided for and defined under Article 6 of the Revised Penal Code. 
4 
(c) The penalty of reclusion temporal shall also be imposed upon persons who, 
5 
having knowledge of the act of enforced or involuntary disappearance and 
6 
without having participated therein, either as principals or accomplices, took 
7 
part subsequent to its commission in any of the following manner: 
8 
9 
10 
11 
12 
13 
14 
(1) 
By themselves profiting from or assisting the offender to profit 
from the effects of the act of enforced or involuntary 
disappearance; 
(2) 
By concealing the act of enforced or involuntary disappearance 
and/ or destroying the effects or instruments thereof in order to 
prevent its discovery; or 
(3) 
By harboring, concealing or assisting in the escape of the 
15 
principal/s in the act of enforced or involuntary disappearance, 
16 
provided such accessory acts are done with the abuse of official 
17 
functions. 
18 
(d) The penalty of prision correccional shall be imposed against persons who 
19 
defy, ignore. or unduly delay compliance with any order duly issued or 
20 
promulgated pursuant to the writs of habeas corpus or amparo or their respective 
21 
proceedings. 
22 
(e) The penalty of arresto mayor shall be imposed against any person who 
23 
shall violate the provisions of Sections 6, 7, 8, 9 and 10 of this Act. 
24 
SEC. 15. Preventive Suspension. - Government officials and personnel who 
25 
are found to be perpetrators of or participants in any manner in the commission 
26 
of enforced or involuntary disappearance as a result of a preliminary 
27 
investigation conducted for that purpose shall be preventively suspended or 
28 
summarily dismissed from the service, depending on the strength of the 
6 


evidence so presented and gathered in the said preliminary investigation or as 
2 
may be recommended by the investigating authority. 
3 
SEC 16. Civil Liability. - The Act of enforced or involuntary disappearance 
4 
shall render its perpeh"ators and the State agencies which organized, acquiesced 
5 
in or tolerated such disappearance liable under civil law. 
6 
SEC 17. Prosecution of the Offense. - In the event the prosecution fails to 
7 
prove all the elements of enforced or involuntary disappearance and the victim 
8 
appears, the act shall be made punishable as kidnapping under the Revised 
9 
Penal Code. If the victim, however, is found dead or his/her disappearance 
10 
persists for over three years, the act of enforced or involuntary disappearance in 
11 
either case shall be made punishable as murder under the Revised Penal Code. 
12 
SEC. 18. Independent Liability. - The criminal liability of the offender 
13 
under this Act shall be independent of or without prejudice to the prosecution 
14 
and conviction of the said offender for any violation of Republic Act No. 7438, 
15 
otherwise known as "An Act Defining Certain Rights of Person Arrested, 
16 
Detained or Under Custodial Investigation as well as the Duties of the Arresting, 
17 
Detaining, and Investigating Officers, and Providing Penalties for Violations 
18 
Thereof" . 
19 
SEC 19. Nonexclusivity or Double Jeopardy Under International Law. -Any 
20 
investigation, trial and decision in any Philippine court, or body for any violation 
21 
of this Act shall be without prejudice to any investigation, trial, decision or any 
22 
other legal or administrative process before any appropriate international court 
23 
or agency under applicable international human rights and humanitarian law. 
24 
SEC 20. Unlawful Order. - An order form a superior officer or a public 
25 
authority causing the commission of enforced or involuntary disappearance is 
26 
unlawful and cannot be invoked as a justifying circumstance. 
27 
SEC 21. Incentives. - Any offender who volunteers information that leads 
28 
to the discovery of the victim of enforced or involuntary disappearance shall be 
7 


1 
immune from any criminal liability under this Act, provided that the said 
2 
offender appears to be not the most guilty. 
3 
SEC. 22. Continuing Offense. - An act constituting enforced or involuntary 
4 
disappearance shall be considered as a continuing offense as long as the fate and 
5 
whereabouts of the victim are unknown, or the victim has not reappeared. 
6 
SEC. 23. Statute of Limitation Exemption. - The prosecution of persons 
7 
responsible for enforced or involuntary disappearance shall not prescribe unless 
8 
the victim surfaces alive. In which case, the prescriptive period shall be twenty-
9 
five (25) years from the date of such reappearance. 
10 
SEC. 24. Special Amnesty Law Exclusion. - Persons who are guilty of the act 
11 
of enforced or involuntary disappearance shall not benefit from any special 
12 
amnesty law or other similar executive measures that shall exempt them from 
13 
any penal proceedings or sanctions. 
14 
SEC. 25. State Protection. - The State through its appropriate agencies shall 
15 
ensure the safety of all persons involved in the search, investigation and 
16 
prosecution of enforced or involuntary disappearance. They shall likewise be 
17 
protected from any form of intimidation or reprisal. 
18 
SEC. 26. CompensationjRehabilitation of Victims and Restitution of Honor and 
19 
Reputation. - The victims of enforced or involuntary disappearance shall be 
20 
entitled to monetary compensation, medical and psychological rehabilitation and 
21 
restitution of honor and reputation. Such restitution of honor and reputation 
22 
shall include immediate expunging or rectification of any derogatory record, 
23 
information or public declaration/statement on his/her personal circumstances, 
24 
status, person or affiliation by the appropriate agencies of government. 
25 
A relative of a victim of enforced or involuntary disappearance within the 
26 
fourth civil degree of consanguinity or affinity, may also claim for compensation 
27 
as provided for under Republic Act No. 7309, otherwise known as "An Act 
28 
Creating a Board of Claims under the Department of Justice for Victims of Unjust 
8 


1 
Imprisonment or Detention and Victims of Violent Crimes and For Other 
2 
Purposes", and other relief programs of the government. 
3 
Any package of indemnification for both the victim and his/her relative as 
4 
defined above shall be without prejudice to other legal remedies that may be 
5 
available to them under existing laws. 
6 
SEC. 27. Implementing Rules and Regulations. - Within thirty (30) days from 
7 
the effectivity of this Act, the Department of Justice (DOJ), Department of 
8 
National Defense (DND), Department of Social Welfare and Development 
9 
(DSWD), Armed Forces of the Philippines (AFP), National Bureau of 
10 
Investigation (NEI), the CHR, the Families of Victims of Involuntary 
II 
Disappearances (FIND) and the Desaparecidos shall jointly promulgate the rules 
12 
and regulations for the effective implementation of this Act and shall ensure the 
13 
full dissemination of the same to the public in consultation with and with active 
14 
participation of human rights organizations such as but not limited to the Asian 
15 
Federation Against Enforced or Involuntary Disappearance (AFAD), the 
16 
KARAPATAN, Task Force Detainees of the Philippines (TFDP) and other human 
17 
rights organizations. 
18 
SEC. 28. Suppletory Applications. - The applicable provisions of the Revised 
19 
Penal Code shall have suppletory application insofar as they are consistent with 
20 
the provisions of this Act. 
21 
SEC. 29. Separabilihj Clause. - If for any reason, any section or provision of 
22 
this Act is declared unconstitutional or invalid, such other sections or provisions 
23 
not affected thereby shall remain in full force and effect. 
24 
SEC. 30. Repealing Clause. - All laws, decrees, executive orders, rules and 
25 
regulations and other issuances or parts thereof inconsistent with the provisions 
26 
of this Act are hereby repealed, amended or modified accordingly. 
9 


1 
SEC. 31. Effectivity. - This Act shall take effect fifteen (15) days after its 
2 
publication in at least two newspapers of general circulation or the Official 
3 
Gazette. 
4 
Approved, 
10