NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
EXPLANATORY NOTE 
The Commission on Human Rights (CHR) is an independent office created under the 1987 
Constitution and constituted on May 5, 1987 via Executive Order No. 163, s. 1987, for the 
protection and promotion of the human rights of all persons within the Philippines, as well as 
Filipinos residing abroad. 
Regarded under international human rights law as the country’s National Human Rights 
Institution (NHRI), the CHR plays a vital role in the protection and promotion of civil, political, 
economic, social, and cultural rights,1 and in addressing discrimination in all its forms and to 
bridge the gap between the rights of an individual and the obligations and responsibilities of 
the State2 to respect, protect, and fulfill the same as enshrined in international human rights 
instruments.  
In its thirty-six years of existence, the CHR has experienced various triumphs and challenges 
through several legislations and series of judicial interpretations of its Constitutional mandate. 
As the human rights situation of the Philippines is always in question, the CHR is limited from 
exercising its full potential in becoming fully compliant to the requirements of the Paris 
Principles or the “Principles Relating to the Status of National Human Rights Institutions.” 
These limitations, however, do not preclude Congress from granting the CHR “such other 
powers and functions”3 to investigate other cases of violations of human rights that should fall 
within the authority of the Commission.  
The CHR may have been described as a “toothless tiger,”4 it can always roar. But to make a 
resounding roar, the CHR’s mandates, powers, and functions must be further strengthened 
and its cardinal role in building a human rights culture in the country must be fully understood 
and appreciated. Hence, this legislative proposal. 
This bill seeks to strengthen the CHR by providing an effective and expanded structural, 
operational and functional independence, in order to meet the minimum requirement under 
the Principles Relating to the Status of National Human Rights Institutions or the (Paris 
Principles). It also guarantees the CHR’s full fiscal autonomy to ensure prompt, immediate, 
and unrestricted discharge of its functions. It defines the general powers and functions of the 
Commission, with full authority to act on a complaint or motu proprio, in all cases of human 
rights violations. In addition, it vests the CHR with the power to issue injunctive reliefs and 
legal measures.  
1 Global Alliance for National Human Rights Institutions, Roles and Types of NHRIs, available at
https://nhri.ohchr.org/EN/AboutUs/Pages/RolesTypesNHRIs.aspx (last accessed July 04, 2019) 
2 Id.
3 Art XIII Section 18 (11), Section 19 of the 1987 Constitution 
4 Hon, Isidro Cariño & Erlinda Lolarga v. The Commission on Human Rights, et al., 96681, The Lawphil Project,
(1991). 
August 17, 2023
2:00 pm
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The country needs a CHR that is truly independent and with full fiscal autonomy. Today, more 
than ever, we need a more active CHR, one that is not strapped to the task of investigation or 
that cannot recognize cases of human rights violations other than those involving civil and 
political rights. We need a CHR that can address the challenge of protecting and promoting 
the human rights of all, especially the vulnerable, the disadvantaged, and the marginalized 
sectors of society. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
RUFUS B. RODRIGUEZ


NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
AN ACT 
STRENGTHENING THE COMMISSION ON HUMAN RIGHTS (CHR) AS A NATIONAL 
HUMAN RIGHTS INSTITUTION (NHRI) AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
Assembled: 
SEC. 1. Short Title. – This Act shall be known as the "Commission on Human Rights (CHR) 
Charter." 
SEC. 2. State Policy on Human Rights. – 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 respect, protect and fulfill the right of all people to human dignity 
at all stages of human life. 
SEC. 3. Definition of Human Rights. – Human rights are the supreme, universal, inherent, 
and inalienable rights to life, dignity, and self-development of every person regardless of race, 
sex and gender, nationality, ethnicity, language, religion, or any other status. These rights 
include those guaranteed by the Philippine Constitution, domestic laws, and international 
human rights instruments such as, but not limited to the international bill of rights, i.e. the 
Universal Declaration of Human Rights, the International Covenant on Civil and Political 
Rights, and the International Covenant on Economic, Social, and Cultural Rights; and all other 
existing and future human rights instruments to which the Philippines is a State Party. 
SEC. 4. The Commission as an Independent Office. – The independence of the 
Commission on Human Rights, hereinafter referred to as the Commission, shall always be 
respected and upheld.  
The Commission shall enjoy full fiscal autonomy. Appropriations for the Commission 
shall not be reduced and shall be automatically and regularly released.  
SEC. 5. The Commission as a National Human Rights Institution. – The Commission is 
the National Human Rights Institution (NHRI) of the Philippines in accordance with the 
Principles Relating to the Status of National Institutions (Paris Principles) and other United 
Nations (UN) Resolutions and Instruments pertaining to the effective functioning of NHRIs. As 
such, the State and all its agents shall ensure and respect the compliance of the Commission 
with the Paris Principles. 
SEC. 6. The Commission En Banc as a Collegial Body. – The Commission en banc, 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. Every policy, decision, order, or resolution of the 
Commission must bear the concurrence and signature of a majority of the Members. 
8932


 
 
In the exercise of its powers and functions, the Commission shall sit and render its decision 
en banc, unless otherwise provided in an internal resolution, adopted by the Commission en 
banc.  
The Commission shall meet regularly. A majority of the Members shall constitute a 
quorum. 
 
SEC. 7. The Commission, Composition, and Qualifications. – The Commission shall be 
composed of a Chairperson and four (4) Members who must be: 
           a.) natural-born citizens of the Philippines;  
 
b.) at least thirty-five years of age at the time of their appointment; 
 
c.) with proven probity, integrity, and competence in the field of human rights work;   
 
d.) must not have been convicted by final judgment of any crime involving moral 
turpitude, and 
 
e.) must not have been candidates for any elective position in the national elections 
immediately preceding their appointment.  
 
A majority thereof shall be members of the Philippine Bar, who have been engaged in the 
practice of law for at least ten years. The composition must observe gender-balanced and 
pluralist representation, which shall be in accordance with the Paris Principles. 
 
SEC. 8. Appointment and Term of Office of the Chairperson and Members of the 
Commission. – The Chairperson and Members of the Commission shall be appointed by the 
President for a term of seven years without reappointment.  
Of those first appointed under the enactment of this Charter, the Chairperson shall 
hold office for seven (7) years, two Members for six (6) years and the other two Members for 
five (5) years. The term of the Chairperson and Members shall start on the day immediately 
after the end of the previous one, regardless of the date of appointment.  
In no case shall any Chairperson or Member be appointed, reappointed, or designated 
in a temporary, part-time, or acting capacity. Appointment to any vacancy occurring during the 
term shall be only for the unexpired portion of the term of the predecessor. 
Vacancies in the offices of the Chairperson and of the Commissioners shall be filled 
within ninety (90) days from its occurrence. However, the incumbent Chair or Member may 
hold the position until such time appointment was made by President for the same position 
 
SEC.  9.  Selection Process for the Chairperson and Members of the Commission. – The 
sitting Chairperson and the Members of the Commission shall act as the Selection Committee 
for the appointment of the new Chairperson and four (4) Members of the Commission.  
The Selection Committee shall convene immediately, as soon as vacancy exists or the 
term of the current Commission Members ends within six (6) months or when an impending 
vacancy occurs. The Committee shall develop its own rules of procedures for the selection of 
nominees for the position of Chair and Commissioners, in accordance with requirements of 
an open, transparent and merit-based selection process, as mandated by the Paris Principles. 
The conduct of consultations with human rights organizations and other relevant stakeholders 
for the selection of the new members of the Commission en Banc shall form part of the rules 
and procedures. 
  
SEC. 10. 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 avoid conflict of interest in the conduct of their office. They shall not be 
allowed to appear or practice before the Commission within one year following the completion 
of their term of office, resignation, or any other manner of separation from office. 
No spouse, common-law partner, or relative by consanguinity or affinity within the 
fourth civil degree, or business or professional partner of the Chairperson or Members, may 
transact business directly or indirectly with the Chairperson or its Members, or appear as 
counsel or agent of a party in any matter pending before the Commission.  
These prohibition and disqualification shall apply during the tenure of the official 
concerned and one year thereafter. 
 
SEC. 11. Salary, Retirement, and Other Privileges of the Chairperson and Members. – 
The Chairperson and Members of the Commission shall receive the same salary, retirement, 
privileges, and benefits as Court of Appeals Justices, and their salaries shall not be decreased 
during their term of office.  
Upon the death of a retired Chairperson or Member, the surviving legitimate spouse 
shall be entitled to receive, on a monthly basis, all the retirement benefits that the deceased 
retiree was receiving at the time of his or her death under the provisions of applicable 
retirement laws. The surviving legitimate spouse shall continue to receive such retirement 
benefits during his or her lifetime or until he or she remarries. 
 
SEC. 12. Structural Organization. – The Commission shall have the following offices  in the 
Central Office: Office of the Chairperson, Offices of the Commissioners, Office of the 
Executive Director, Office of the Commission Secretary, Planning and Management Office, 
General Administration Office, Financial Management Office, separate offices for the 
performance of its powers and functions, (which shall include but not limited to offices for 
human rights protection services, human rights education and training services, human rights 
prevention and visitorial services,  human rights policy advisory services and human rights 
institute), regional and provincial offices and such other offices as the Commission may 
establish in accordance with its functions. 
The authority and responsibility for the exercise of the mandate of the Commission and 
for the discharge of its powers and functions shall be vested in the Commission En Banc, who 
shall have supervision and control of the said office. 
The Commission may affect changes in the organization as the need arises, Provided, 
that such reorganization shall be funded out of the personnel services appropriation of the 
Commission. 
 
SEC. 13. Privileges and Emoluments of Commission Officials and Employees. – All 
officials and employees of the Commission shall receive emoluments and privileges, which 
shall not be less than those given to their counterparts in Constitutional Commissions. 
 
SEC. 14. Powers and Functions of the Commission. – The Commission shall promote and 
protect all human rights, including civil, political, economic, social, and cultural rights, and shall 
have the following general powers and functions: 
 
(a) 
Investigate, on its own or on complaint by any party, all forms of violations of human 
rights; 
 
(b) 
Adopt its operational guidelines and rules of procedure and cite for contempt any 
person for violations thereof or its lawful orders and, for this purpose, the Rules of Court shall 
have suppletory application; 
 
(c) 
Provide appropriate legal and preventive measures, which include but not limited to 
the following: 


 
 
1. legal assistance and counselling to victims 
2. directing concerned government agencies in giving protection to victims of human 
rights violations 
3. issuing cease and desist orders 
4. Petition the Court for Writ of habeas corpus, Writ of Amparo, Writ of Habeas Data, Writ 
of Kalikasan, and any other protective writs, in behalf of the victims of human rights 
violations; and 
5. Issue continuing mandamus for the protection of human rights of all persons within the 
Philippines, 
  
 (d) Provide legal aid services to the underprivileged whose human rights have been violated 
or need protection. Clients needing legal assistance/representation may also be referred to 
the Public Attorney’s Office or Legal Aid Offices, as may be necessary and appropriate; 
 
(e) Exercise unannounced, unhampered, unrestricted visits over jails, prisons, camps, 
detention or confinement facilities, safe houses, and similar places of deprivation of liberty; 
 
(f) Establish a continuing program of research, education, and information to enhance respect 
for the primacy of human rights. The CHR can coordinate with DepED, CHED, the Philippine 
Judicial Academy, the Legal Education Board, and other State Colleges and Universities to 
ensure the objective of above stated; 
 
(g) Recommend to Congress effective measures to promote and protect human rights;  
  
(h) Recommend to Congress effective measures to provide for compensation to victims of 
violations of human rights, or their families; 
   
(i) Monitor the Philippine government's compliance with   international treaty obligations on 
human rights; 
 
(j) Report to international human rights mechanism on all aspect    
relating to government’s compliance to its treaty obligations; 
 
(k) 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;  
 
(l) Request the assistance of any department, bureau, office, or agency in the performance of 
its functions; 
 
(m)  Call on government departments, bureaus, offices or agencies to comply with its 
obligations under the international human rights obligations; 
 
(n) Perform its Gender and Child Ombud roles as well as to ensure that the status, rights, and 
interests of the marginalized and vulnerable sectors, are upheld in accordance with the 
Constitution, laws, and international instruments on human rights; 
 
(o)   Issue human rights advisories, positions papers / opinion on all matters affecting the 
human rights of all persons, directed to concerned agencies of government for their 
consideration and implementation; 
 
(p)   Issue Human Rights Clearances and Certificates of No Pending Human Rights Case; 
 
(q)    Appoint its officers and employees in accordance with law;  
 


 
 
(r) Receive income, legacies and donations for the benefit of its Human Rights Institute or for 
its support or maintenance, which shall be exempt from the payment of taxes and other fees 
and charges of the government, its branches and subdivision, and which shall constitute a 
special fund to be administered and disbursed exclusive for the Institute; and 
 
(s)  Perform such other duties and functions as may be provided by law. 
 
SEC. 15. Investigative Powers and Functions. – The Commission shall investigate, on 
complaint or on its own, cases of human rights violations. In the exercise of its investigative 
function, the Commission shall: 
(a) Act promptly on reports or complaints, filed in any form, by any individual or 
organization. Findings of human rights violations shall include recommendations for 
appropriate remedies, and referral to proper government agencies for the filing of 
administrative, criminal, or civil actions. The recommendations may include proposals 
for legislative, administrative, or judicial reforms. The investigation and other 
proceedings conducted by any administrative, judicial, or quasi-judicial bodies shall not 
bar the investigation of the Commission on allegations of human rights violations and 
findings by the Commission must be given weight; 
 
(b) Investigate human rights, international humanitarian law, and anti-terrorism law 
violations, as provided in pertinent laws; 
 
(c) Compel the attendance of witnesses and the production of evidence, to place the 
witness under oath or affirmation, issue subpoenas, and take testimony in any 
investigation or inquiry conducted by the Commission or any of its offices; 
 
(d) Conduct forensic and medical sciences in making findings of human rights violations 
including, but not the limited to: collection of physical evidence from locations relevant 
to its investigation; assessment of living victims of human rights violations to determine 
their physical and mental well-being; and conduct independent examination of the 
remains of alleged victims to document any injury and to determine cause and manner 
of death. Pursuant thereto, the Commission shall have the authority to exhume and 
conduct autopsy on the aforesaid human remains, subject to the consent of the family 
of the deceased, if applicable; 
 
(e) Provide psychosocial support, which includes but not limited to referral to primary 
health care centers with existing mental health programs, to victims of human rights 
violations as well as human rights defenders under threat; 
 
(f) Provide safety to witnesses as well as human rights defenders under threat. For this 
purpose, the Commission shall implement and manage a Witness Protection Service, 
which will provide, on a temporary basis, security, shelter, relocation, and livelihood 
assistance to witnesses and their families. 
 
(g) The initial funding for the Auxiliary Witness Protection Service shall be taken from the 
current year’s appropriation of the Commission. Thereafter, the funding requirement 
shall be included in the annual GAA. 
 
(h) Cite for contempt any person for violating the Commission’s Rules of Procedures and 
lawful orders. In matters concerning contempt, the Rules of Court shall apply 
suppletory to the Rules of Procedures of the Commission; and 
 
(i) Perform such other powers and functions as may be necessary or incidental for the 
effective exercise or conduct of its investigative powers. 
 


 
 
SEC. 16. Visitorial powers. – The Commission or its duly authorized representatives are 
hereby mandated and authorized to conduct regular, independent, unannounced, 
unhampered, and unrestricted visits to or inspection of all places of detention and confinement.  
Place of deprivation of liberty refers to any place of detention, imprisonment, 
confinement, or the placement of a person in a public or private custodial or rehabilitative 
setting under or within the jurisdiction and control of the Philippines where persons are or may 
be deprived of their liberty by virtue of an order given by a public authority, at his/her 
instigation, or with his/her consent or acquiescence. 
 
SEC. 17. Scope of Legal Measures. – In order to strengthen the exercise of its investigatory 
power, the Commission, including its Regional and Provincial/District Offices, may issue the 
following legal measures as well as provisional remedies, which shall include, but not limited 
to: 
 
(a) 
Mandatory Protection Orders (MPOs) directing government security forces and other 
government agencies or private institutions to provide specific protection to victims of and 
witnesses to human rights violations; 
 
(b) 
Petitions for the protection of the rights persons, such as: 
1. 
Temporary liberty for medical examination (especially for sick and/or pregnant 
persons deprived of liberty; and 
2. 
Such other legal remedies to correct government actions that encroach on or 
have the threat to violate human rights, such as petitions for certiorari, mandamus, and 
declaratory relief; 
 
(c) 
Other remedies in relation to the protection of the rights of children such as, but not 
limited to: 
1. 
Actions for protective custody of minor-victims of violation of children’s rights; 
2. 
Petitions for involuntary commitment, in coordination with the concerned social 
work and development office; and 
3. 
Petitions, motions, or pleadings to correct an error in the commitment, detention 
and/or taking of custody of children in conflict with the law (CICL); 
 
(d) 
Mediation between parties on issues that are and can be subject to settlement. 
 
SEC. 18. Monitoring Functions. – In the exercise of its mandate to monitor the Government’s 
compliance with its international human rights obligations, the Commission shall:  
(a) 
Monitor and advise government on its responsibilities and obligations under 
international human rights treaties to which the Philippines is a signatory; 
 
(b) 
Prepare its own independent reports to the UN, human rights treaty bodies, and other 
international human rights mechanisms, including the Universal Periodic Review and special 
procedures mechanisms, in relation to its monitoring of government’s compliance with its 
international human rights obligation; 
 
(c) 
Make the appropriate recommendations to the concerned government agency with 
regard to requests for official visits of Special Procedures mandate-holders and other treaty 
and charter-based mechanisms; 
 
(d) 
Recommend ratification of, or accession to, international human rights instruments, 
and ensure their implementation; 
 
(e) 
Conduct inquiries on the manner of implementation by the Government of specific 
human rights obligations;  
 


 
 
(f) 
Request the cooperation of any public official on the measures undertaken by his or 
her agency to comply with the State’s international human rights obligations; 
 
(g) 
Coordinate with relevant government agencies in terms of its compliance with 
international human rights obligations; and 
 
(h) 
Undertake other activities as may be necessary in the conduct of its monitoring and 
reporting function as an NHRI. 
 
SEC.  19. Other Monitoring Functions. – The Commission shall also monitor observance by 
non-state actors of human rights obligations arising from international and domestic laws or 
agreements entered into with the government, as well as unilateral declarations and similar 
undertakings. 
Violations of human rights committed by non-state actors that may be subject of the 
Commission’s monitoring functions shall include, but not limited to: 
 
(a) 
Those committed by rebel groups in relation to international humanitarian law; 
 
(b) 
Those committed by persons, both natural and juridical, in relation to economic, social, 
and cultural rights, such as but not limited to labor, environment, and demolition of houses; 
and 
 
(c) 
Those committed by individuals in relation to violations of rights and protections of 
marginalized sectors, such as but not limited to, women, children, older persons, and persons 
with diverse SOGIE. 
 
SEC. 20. Human Rights Education and Information. – The Commission shall establish a 
continuing program of education and information to enhance respect for the primacy of human 
rights through its education and promotion office and the Human Rights Institute in line with 
the 1987 Constitution, domestic laws, applicable treaty obligations of the Philippines, and the 
UN Declaration on Human Rights Education and Training.  
The Commission shall develop and implement a Human Rights Education and Training 
Program for law enforcement officers, education and training institutions, and other 
government agencies in coordination with the Department of the Interior and Local 
Government (DILG), the Department of Justice (DOJ), the Department of National Defense 
(DND), the Department of Education (DepEd), Commission on Higher Education (CHED), 
Legal Education Board (LEB), Philippine Judicial Academy (PHILJA), and the Professional 
Regulation Commission (PRC) and all other concerned agencies. 
Likewise, the Commission shall develop and implement a Human Rights Information 
Campaigns Program for civil society and the general public. 
 
Sec. 21. Human Rights Institute. The Human Rights Institute (HRI), to be headed by a 
Director IV with the necessary staff complement, is the educational office responsible for 
training on human rights and related fields with in-house capability in these areas of 
specialization. The Institute shall focus on formal education programs and shall offer certificate 
courses on human rights and related-fields. 
 
SEC. 22. Functions of the Human Rights Institute. – The Institute shall have the following 
functions: 
 
1. Serve as a training school for investigators, prosecutors, justices, judges, lawyers, and other 
human rights workers in government and civil society human rights organizations on human 
rights and related issues. For this purpose, it shall provide and implement curricula on human 
rights and shall conduct seminars, workshops, and other training programs designed to 
develop human rights knowledge, skills, attitudes and behaviors; 


 
 
 
 2. Enter into consortiums agreements with other educational and training institutes for the 
development and implementation of its programs on human rights education; and  
 
3. Advise basic and higher education institutions and regulators on the teaching of human 
rights and related issues including recommending effective measures to promote human 
rights; 
 
SEC. 23. Annual Report - The Commission shall prepare and make public an annual report 
on the findings of its monitoring activities with regard to the status of the government's 
compliance with its international human rights treaty obligations. The report shall include, but 
shall not be limited to, the following: 
 
(a) 
Recommendations for legal, legislative, and institutional reforms for the greater 
promotion and protection of human rights; and 
 
(b) 
Adoption and implementation by the concerned government agency of the 
recommendations on the protection and promotion of human rights contained in the 
Commission’s policy issuances and case and investigation resolutions. 
 
The Commission shall directly submit its annual report to the Office of the President, and the 
House of Representatives and the Senate. The relevant Committees in both Houses of 
Congress shall review and consider the recommendations in these reports in a public meeting. 
 
SEC.  24. Financial Assistance Program. – The Commission may provide financial 
assistance to victims of human rights violations and their families through a Financial 
Assistance Program. 
The funds necessary for the initial implementation of the 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. 
 
SEC. 25. Legal Assistance Program. – The Commission shall maintain a Legal Assistance 
Program to benefit underprivileged victims of human rights violations, which may be in 
coordination with human rights organizations and lawyers' groups, the Integrated Bar of the 
Philippines, the Public Attorney’s Office, and Philippine law schools. 
 
SEC. 26. Protection of Filipinos Abroad. – The Commission shall undertake measures for 
the protection and promotion of human rights of Filipinos living abroad in coordination and 
cooperation with the Department of Foreign Affairs, or deputize Philippine Embassy or 
Consulate officers, resident private individuals of known probity and active involvement in 
human rights, or foreign-based human rights and migrant workers' non-government 
organizations in countries where the incidence of human rights violations against Filipinos is 
widespread and commonplace, including traditional host countries of overseas Filipino 
workers. 
The Commission may establish multilateral relationships with other national human 
rights institutions for the protection of human rights of Filipinos. 
 
SEC. 27. Security of Data. – All documentation and information collected by the Commission 
shall be kept strictly confidential, unless the Commission decides otherwise in relation to a 
particular document: Provided, That no sensitive information, whether personal or otherwise, 
shall be published without the express consent of the individual or authority concerned: 
Provided further, That this provision shall be in accordance with all applicable existing and 
future laws, particularly, but not limited to,  the Data Privacy Act of 2012. 
 


 
 
Publication of sensitive information without the express consent of the individual or authority 
concerned will be dealt with accordingly, which may include, but will not be limited to, being 
penalized under the Data Privacy Act of 2012. 
 
SEC. 28. Protection from Criminal and Administrative Liability. – 
(a) 
Pursuant to the functions and powers conferred upon the Commission under this Act 
and other applicable laws or in respect of any publication by, or under the authority of the 
Commission, of any report, proceeding, or any other matter under this Act, shall not be a 
ground for action, suit or other legal proceeding against any member or staff of the 
Commission, in the performance of their mandate. 
(b) 
Any legal action filed to harass, vex, exert undue pressure, or stifle any legal recourse 
that any member, or staff of the Commission has taken, or may take, in the performance of 
their functions, under this Act and other applicable laws, if proven in court to have been filed 
for any of the aforementioned purposes, be immediately dismissed with prejudice and the 
court may award damages, attorney’s fees, and costs of suit under a counterclaim if such has 
been filed. 
 
SEC. 29. Franking Privilege. – The Commission may transmit through ordinary mail and/or 
registered mail with return card, free of charge, all official communications and papers directly 
connected with the conduct of its duties, functions, or the exercise of administrative 
supervision over its personnel. 
 
SEC. 30. Financial Report. – The Commission shall make available to the public its annual 
financial statements and related financial reports as required by governing oversight agencies. 
 
SEC. 31. Appropriations. – In addition to the regular appropriations of the Commission, the 
sum of Five Hundred Million Pesos (₱500,000,000.00) 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. 32. Transitory Provisions. – Nothing in this Act shall prejudice the positions, 
emoluments, security of tenure, qualifications, privileges, and benefits of the incumbent 
Chairperson and Members of the Commission, and the 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 an early retirement program 
as may be provided for by the Commission. 
 
SEC. 33. Implementing Rules and Regulation. – 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, monitoring, education, and advocacy powers and 
functions in consultation with other concerned government agencies and stakeholders. 
 
SEC. 34. Separability Clause. – Should any provision of this Act or part hereof be declared 
unconstitutional, the other provisions or parts not affected thereby shall remain valid and 
effective. 
 
SEC. 35. Repealing Clause. – All laws, decrees, orders, and issuances, or portions thereof, 
which are inconsistent with the provisions of this Act, are hereby repealed, amended, or 
modified accordingly.  
 
SEC. 36. Effectivity Clause. – This Act shall take effect after fifteen (15) days from its 
complete publication in two (2) newspapers of general circulation. 
 
Approved,