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13‘h CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
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’04 
JUL -6 
,4]j :24 
First Regular Session 
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SENATE 
S. NO. 
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Introduced by Senator Ralph G. Recto 
EXPLANATORY NOTES 
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This legislation shall be known as the “Anti-Enforced or Involuntary 
Disappearance Act of 2004”. 
This bill seeks to safeguard the life and liberty of every individual against 
enforced or involuntary disappearance and of persons under investigation against 
torture, force, violence, threat or intimidation or any act which impairs a person’s free 
will. 
Its salient features include the following: 
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It defines enforced or involuntary disappearance as an act 
committed when a person is deprived of his liberty, in whatsoever 
form for political reasons by agents of the State or by private 
persons or group of persons acting with the authorization, support 
or acquiescence of the State, followed by an absence of 
information, or refusal to acknowledge the deprivation of liberty or 
information or concealment of the fate or whereabouts of the 
disappeared person thus placing such person outside the 
protection of laws. 
It holds the immediate Commanding officer or equivalent Senior 
Official criminally liable for 
an enforced or 
involuntary 
disappearance. 
It imposes a maximum penalty of reclusion perpetua consistent 
with the bill’s philosophy of protecting one’s right to life. 
It provides for preventive suspension for all accused perpetrators 
and other participants in the commission of enforced or 
involuntary disappearance. 
It considers the act of concealing the fate and the whereabouts of 
the persons who have disappeared as a continuing offense. 
It excludes perpetrators from the coverage of a statute of limitation 
and the coverage of any special amnesty law or similar measure. 
It likewise provides for monetary compensation and restitution of 
honor and reputation to victims of enforced or involuntary 
disappearance who surfaced alive and /or their next-of-kin. 
In this regabd, emphasis must be laid on the provision of the Constitution that 
guarantees the sanctity of life and liberty of all. 


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13‘h CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
SENATE 
1367 
S. BILL NO. 
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AN ACT 
Introduced by Senator Ralph G. Recto 
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DEFINING 
AND 
PENALIZING 
ENFORCED 
OR 
INVOLUNTARY 
DISAPPEARANCE AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
This Act shall be known as the “Anti- 
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SECTION; 1. Short Title. - 
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Enforced or Involuntary Disappearance Act of 2004”. 
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It is hereby declared a policy of 
the State safeguard the life and liberty of the citizens. Further, no person under 
investigation shall be subjected to torture, force, violence, threat or intimidation or 
any act.which ibpairs a person’s free will. Towards these ends, appropriate 
penalties shall be imposed on the government officials or agents of the State who 
caused the enforced or involuntary disappearance of persons arrested, detained 
or abducted. 
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SEC.2Declaration Of Policy. 
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Sec. 3,Definition of Enforced Or Involuntary Disappearance. 
For purposes of this Act, enforced or involuntary disappearance 
shall be deemed committed when a person is deprived of his liberty, in 
whatsoever form for political reason(s) by agents of the State, or by 
private persons or group of persons acting with the authorization, support 
or acquiescence of the State, followed by an absence of information, or 
refusal to acknowledge the deprivation of liberty or information or 
concealment of the fate or whereabouts of the disappeared person thus 
placing such person outside the protection of laws. 
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Sec.4. 
Liability of Commanding Officer. 
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The 
immediate commanding or equivalent Senior Official shall be held 
criminally liable for an enforced or involuntary disappearance. Any failure 
on his part, whether done with deliberate intent or negligence, to avert an 
act of enforced or involuntary disappearance shall be taken as evidence of 
conspiracy. 
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Sec. 5. 
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Penalties. 
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(a) 
The penalty of reclusion perpetua 
shall be imposed upon the following persons: 
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Those who directly committed the act of enforced or 
involuntary disappearance; 
Those who directly forced, instigated, encouraged or 
induced others to commit the act of enforced or involuntary 
disappearance; 
Those who cooperated in the act of enforced or involuntary 
disappearance by committing another act without which the 
act of enforced or involuntary disappearance would not have 
been carried out; 
Those officials who allowed the act of enforced or 
involuntary disappearance when it is within their power to 
stop the commission of such act; 
Those who cooperated in the execution of the act of 
enforced or involuntary disappearance by previous or 
simultaneous acts. 
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(b) 
The penalty of reclusion temporal shall also be imposed upon the 
persons who, having knowledge of the act of enforced or 
involuntary disappearance. 
The penalty of reclusion perpetua temporal shall also be imposed 
upon the persons who, having knowledge of the act of enforced or 
(c) 
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involuntary disappearance shall not prescribe unless the victim resurfaces 
alive, in which case, the prescriptive period shall start to run from the date 
of his readpearance. 
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Exclusion from the Coverage of Special Amnesty Law. 
SEC.ll* I 
Persons who have committed the act of enforced or involuntary 
disappearance shall not benefit from any special amnesty law or similar 
measureslthat will have the effect of exempting them from any criminal 
proceedings and sanctions. 
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SEC. 12. 
Compensation to and/or Rehabilitation of Victims of 
Enforced or Involuntary Disappearance and/or their next-of-kin. 
The victims of enforced or involuntary disappearance who 
surfaced alive shall be entitled to monetary compensation and restitution 
of honor and reputation. The nearest of kin, as provided for in Article 887 
of the Civil Code, of a victim of an enforced or involuntary disappearance 
may claim for compensation as provided for under R.A. 7309 and other 
financial ‘relief programs of the Government. 
The package of 
indemnification shall be without prejudice to other legal remedies that may 
be available to them. 
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In order that the nearest of kin of victims of enforced or involuntary 
disappearance and the victims who surfaced alive may be effectively 
reintegrated into the mainstream of society and in the process of 
development, the State through the Commission on Human Rights shall 
provide them with appropriate medical care and rehabilitation free of 
charge. 
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SEC. 13 I 
State’s Protection. - 
The State through its appropriate 
agencies shall ensure the safety of all persons involved in the 
investigation and prosecution of enforced or involuntary disappearance 
cases na Aely, the complainant(s), legal counsel, witnesses and relatives 
of the vi ‘tims of involuntary disappearance. 
They shall likewise be 
protected from ill treatment and any acts of intimidation or reprisal as a 
result of the complaint or investigation. Any person committing such ill 
treatment andlor acts of intimidating or reprisal shall be punished under 
existing laws. 
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SEC.15. 
Oversight 
An 
Monitoring of Compliance with this Act- 
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Committee is hereby created to periodically oversee the 
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Human Rights; 
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Justice and Civil, Political and Human Rights; and 
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Disappearance. 
One Undersecretary of the Department of Justice; 
One representative from the Senate Committee on Justice 
One representative each from the House Committees on 
Secretary-General of the Families of Victims of Involuntary 
SEC. 16. , 
Suppletory Applications. - 
The 
provisions of 
the 
Revised Penal Code shall be suppletory to this Act. 
SEC. 17. 
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Appropriations. 
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The funds necessary for the 
effective implementation of this Act shall be sourced from the contingent 
fund of the President for fiscal year 2004 and subsequently included in the 
budget of the Commission on Human Rights under the General 
Appropriaiions Act of the year following the enactment of this Act. 
SEC.18. 
Enforced or Involuntary Disappearance Fund. 
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In addition to the funding sources provided for in the preceding 
section, two percent (2%) of the filing fees in civil cases and special 
proceedinis before all courts, including the Couk of Appeals and the 
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Supreme gourt, shall be collected to constitute an enforced or involuntary 
disappearance fund. 
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