1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 3935 
____________________________________________________________________ 
Introduced by Representative BELLA VANESSA B. SUANSING 
____________________________________________________________________ 
AN ACT 
DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS OF HUMAN 
RIGHTS DEFENDERS, DECLARING STATE RESPONSIBILITIES, AND 
INSTITUTING EFFECTIVE MECHANISMS FOR THE PROTECTION AND 
PROMOTION OF THESE RIGHTS AND FREEDOMS 
Human Rights Defenders (HRDs) are the pillars of a robust and healthy democracy. Paramount 
to the attainment of unequivocal democratic principles is the State’s fulfillment of its 
obligations to protect the civil and political liberties of its people. When the State falters in this 
obligation, Human Rights Defenders emerge as the primary guardians of the Filipino people 
and their rights. Within an imperfect democracy, leaders with self-aggrandizing intentions most 
purposely target HRDs to ensure the swift infringement of these rights. These political realities 
have led to the most tragic outcomes for Filipino HRDs.  
The Philippines leads Asia in the number of abductions and intimidation cases towards Human 
Rights Defenders. An Asian Forum for Human Rights Development report found that between 
the 2023-2024 period, the Philippines recorded the highest number of abductions with 15 cases, 
23 percent of all abduction cases in Asia. 41 intimidation, threats, and censorship cases were 
also reported, 11 percent of all cases in Asia. The Philippines also accounted for 18 cases of 
vilification.1 2
The related legal protections on the protection of HRDs, especially against forced 
disappearances and torture mechanisms, remain weak. Out of the nine core international human 
rights conventions, the Philippines has only failed to ratify one: the International Convention 
for the Protection of All Persons from Enforced Disappearance (ICPPED). Although the 
Philippines was the first in Asia to pass a law on forced disappearances, “the Anti-Enforced or 
1 Vilification is defined as the use of public defamation and smear campaigns against HRDs. 
2 Cam, “[Report] Defending in Numbers 2023-2024: Reclaiming Civic Space, Unbroken Voices - Forum-Asia,” 
FORUM, July 18, 2025, https://forum-asia.org/din2324/. 
August 20, 2025
5:58 pm


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Involuntary Detention Act of 2012,” its failure to ratify the ICPPED may indicate a hesitancy 
to protect the right to political dissent to the level required by international standards. 
With these tragic outcomes, a legal framework for the protection of HRDs is more imminent 
than ever. This bill seeks to create a legal framework to serve as the basis for the protection of 
HRDs. The rights and freedoms protected by this bill include: the right to promote and protect 
human rights and fundamental freedoms; right to form groups, associations, and organizations; 
right to peaceful assembly; right to seek, receive, and disseminate information; right to privacy; 
right to develop and advocate for human rights ideas; right to solicit, receive, and utilize 
resources; right to access, communicate, and cooperate with international and regional human 
rights bodies and mechanisms; right to effective remedy and full reparation; freedom from 
intimidation and reprisal; and freedom of movement.  
This bill also seeks to designate the following duties and obligations to the State: obligation to 
respect, promote, protect and fulfill the rights of HRDS; obligation not to participate in 
violating human rights and fundamental freedoms; obligation to facilitate the activities and 
work of HRDs; obligation to prevent and to ensure protection from intimidation or reprisal; 
obligation to penalize intimidation or reprisal; obligation to refrain from derogatory and 
unfounded labeling including red-tagging; obligation to ensure protection from arbitrary or 
unlawful intrusion or interference; obligation to conduct investigation, and to ensure effective 
remedy and full reparation; obligation to promote and facilitate human rights education; and 
obligation to adopt a human rights-based governance. 
This bill was approved on its third and final reading in both the 17th and 18th Congresses and 
endorsed by Members of the European Parliament, the ISHR, and the United Nations Special 
Rapporteur on the situation of human rights defenders, among others. The expeditious approval 
of this bill within the House would ensure its timely consideration within the Senate. The 
enactment of this law would finally create an ecosystem of HRDs and public authorities 
governed by mutual respect and cooperation, with the ultimate goal of protecting and upholding 
the human rights of all individuals.  
In view of the foregoing, the approval of this bill is earnestly sought. 
BELLA VANESSA B. SUANSING 
2ND District of Sultan Kudarat 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 3935 
Introduced by Representative BELLA VANESSA B. SUANSING 
___________________________________________________________________________ 
AN ACT 
DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS OF HUMAN 
RIGHTS DEFENDERS, DECLARING STATE RESPONSIBILITIES, AND 
INSTITUTING EFFECTIVE MECHANISMS FOR THE PROTECTION AND 
PROMOTION OF THESE RIGHTS AND FREEDOMS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
CHAPTER I 
PRELIMINARY PROVISIONS 
SECTION 1. Short Title. - This Act shall be known as the "Human Rights Defenders 
Protection Act." 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State: 
a.
To value the dignity of every human person and to recognize, respect, protect,
promote and fulfill the rights and fundamental freedoms of persons, individually
or in association with others, regardless of race, ethnicity, color, sexual
orientation and gender identity, language, religion, political or other opinion,
national or social origin, property, birth or other status;
b. To give highest priority to the implementation of legislative enactments,
executive issuances and judicial decisions that guarantee respect, protection,
promotion and fulfillment of human rights and fundamental freedoms;
c.
To provide access to legal remedies and reparative measures, including
monetary compensation and psychosocial complement and rehabilitation to
human rights violations victims;


 
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d. To fully and strictly adhere to the principles and standards on human rights and 
fundamental freedoms set by the Constitution and international human rights 
instruments including the: 
1. Universal Declaration of Human Rights (UDHR); 
2. Declaration on the Right and Responsibility of Individuals, Groups and 
Organs of Society to Promote and Protect Universally Recognized 
Human Rights and Fundamental Freedoms (Declaration on Human 
Rights Defenders); 
3. International Covenant on Civil and Political Rights (ICCPR); 
4. International Covenant on Economic, Social and Cultural Rights 
(ICESCR); 
5. Convention against Torture and other Cruel, Inhuman or Degrading 
Treatment or Punishment (CAT); 
6. Convention on the Elimination of all Forms of Discrimination against 
Women (CEDAW); 
7. Convention on the Rights of the Child (CRC); 
8. International Convention on the Protection of the Rights of All Migrant 
Workers and Members of Their Families (CMW); 
9. Convention on the Rights of Persons with Disabilities (CRPD); 
10. International Convention for the Protection of All Persons from 
Enforced Disappearance (PED); 
11. Declaration on the Rights of Indigenous Peoples; and 
12. Other universal treaties, comments and resolutions. 
 
SEC. 3. Construction in Favor of Human Rights Defenders. - All provisions of this 
Act shall be construed to achieve its objectives. All doubts in the implementation and 
interpretation of these provisions shall be resolved in favor of the human rights defender. 
 
SEC. 4. Definition of Terms. - As used in this Act: 
a. Human Rights and Fundamental Freedoms refer to rights or entitlements inherent in all 
human persons and freedoms recognized in or declared by international and regional 
human rights instruments and customary international law and by national laws that are 
consistent with the said instruments and law; 
b. Human Rights Defender refers to any person who, individually or in association with 
others, acts or seeks to act to protect, promote or strive for the protection and realization 
of human rights and fundamental freedoms and welfare of the people at the local, 
national, regional, and international levels; 
c. Human Rights Organization refers to a group, organization or association in the local, 
national, regional or international level, whether formal or informal, registered or 
unregistered, that strive for the protection of human rights and fundamental freedoms 
and welfare of the people; 
d. Government Agency refers to any department, bureau, office or unit of the National 
Government, or any of its branches and instrumentalities, or any political subdivision, 


 
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as well as any government-owned or -controlled corporation, including its subsidiaries, 
or other self-governing branch commission or council of the Government, to include 
but not be limited to any grouping of the Armed Forces of the Philippines, Philippine 
National Police or other State security forces, including military or police force 
multipliers. 
e. Superior Officer refers to the government official who has direct supervisory powers or 
control over the head of the government agency to whom the subject head reports and 
shall include but not limited to the President, Department Secretaries, Chief of Staff of 
the Armed Forces of the Philippines, the Commanding General or Rear Admirals of 
any service in the Armed Forces of the Philippines, or the Director General of the 
Philippine National Police; 
f. Intergovernmental Organization refers to an organization established through a treaty 
or other agreements and mechanisms in pursuit of common issues, concerns and 
interests; 
g. Public Authority refers to any person or body performing a function of a public nature 
that is conferred or imposed by or pursuant to law, by popular election or appointment 
or delegation or contracted by a governmental authority or agency; 
h. Intimidation or Reprisal refers to any form of violence, threat, retaliation, de facto or 
de jure adverse discrimination, pressure, judicial harassment, or any other arbitrary or 
abusive action or threat, including cyber-attacks, hacking, defacement of websites, 
distributed denial-of- service attacks and similar acts related to a person's status, work 
or activity as a human rights defender, including proposed, attempted, or imputed work 
or activity directed at the: (i) human rights defender; (ii) the human rights defender's 
associate/s; (iii) a legal or other representative of the human rights defender appointed 
to conduct the latter's affairs or to otherwise act on his or her behalf; (iv) a family 
member or relative of the human rights defender up to the fourth degree of 
consanguinity or affinity, and includes common law relations; (v) a group, association, 
organization, community or network, whether formal or informal, registered or 
unregistered with which the human rights defender is associated; (vi) or the home, 
property or possessions of the human rights defender or any of the other persons or 
entities in items (ii) to (v). 
CHAPTER II 
RIGHTS AND FREEDOMS OF HUMAN RIGHTS DEFENDERS 
 
SEC. 5. Right to Promote and Protect Human Rights and Fundamental Freedoms. 
- Everyone has the right, individually and in association with others, 
to promote and to strive for the protection and realization of human rights and fundamental 
freedoms at the local, national, regional and international levels. 
 
SEC. 6. Right to Form Groups, Associations, and Organizations. - Everyone, 
individually or in association with others, has the right to form, join, or associate with and 
participate in local, national, regional, or international organizations, whether formal or 


 
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informal and whether registered or unregistered, for the purpose of promoting and striving for 
the protection and realization of human rights and fundamental freedoms. 
 
SEC. 7. Right to Solicit, Receive, and Utilize Resources - (1) Everyone, individually 
or in association with others, has the right to solicit, receive, and utilize resources from 
domestic and international organizations, including governmental, intergovernmental, 
philanthropic, and private sources, for the express purpose of promoting and striving for the 
protection and realization of human rights and fundamental freedoms. 
 
(2) In pursuance of the right in subsection (1), subject to the provisions of existing laws 
and consistent with provisions of this Act, freezing, sequestration, or seizure by any bank or 
financial institution of the fund solicited from and released by the source is hereby prohibited. 
 
SEC. 8. Right to Seek, Receive, and Disseminate Information. - (1) Everyone, 
individually or in association with others, has the right: 
a. To know, seek, access, obtain, receive and hold information about all human rights and 
fundamental freedoms, including information regarding how these rights and freedoms 
are given effect in the legislative, judicial and administrative systems; 
b. To know, seek access, obtain, receive and hold such information from business 
enterprises and other private actors as may be necessary for exercising or protecting, or 
assisting to exercise or protect human rights or fundamental freedoms; 
c. To freely publish, impart or disseminate to others views, information and knowledge 
on all human rights and fundamental freedoms; 
d. To study, discuss, form and hold opinions on the observance, both in law and in 
practice, of all human rights and fundamental freedoms and, through these and other 
means, to draw public attention to these matters. 
 
(2) The right in subsection (1) may be exercised orally, in writing, in print, in the form 
of art or through any other media, whether online or offline. 
 
SEC. 9. Right to Develop and Advocate for Human Rights Ideas. - Everyone, 
individually or in association with others, has the right to develop and discuss new ideas and 
principles which relate to human rights and fundamental freedoms and to advocate their 
acceptance. 
 
SEC. 10. Right to Communicate with Non-governmental, Governmental and 
Intergovernmental Organizations. - Everyone, individually and in association with others, 
has the right to freely communicate with non-governmental, governmental and 
intergovernmental organizations, including subsidiary bodies, mechanisms or experts with a 
mandate relevant to human rights and fundamental freedoms, as well as with diplomatic 
representations. 
 
SEC. 11. Rights Against Vilification. - A person, individually and in association with 
others, has the right against any act of false labeling, red-tagging, name-calling, or malicious 


 
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and fabricated accusations against him or her of any offense, or from any other kind of 
vilification. 
 
SEC. 12. Right to Access, Communicate and Cooperate with International and 
Regional Human Rights Bodies and Mechanisms. - In accordance with applicable 
international instruments and procedures, everyone, individually or in association with others, 
has the right to unhindered access to and to communicate and cooperate with international and 
regional human rights bodies and mechanisms, including treaty bodies and special procedures 
or special rapporteurs. 
 
SEC. 13. Right to Participate in Public Affairs. - (1) Everyone, individually or in 
association with others, has the right to participate effectively in the conduct of public affairs, 
including participation on a non-discriminatory basis in the government regarding human rights 
and fundamental freedoms. 
 
(2) The right referred to in subsection (1) includes the right: 
 
a. To submit to any public authority, or agency or organization concerned with 
public affairs, criticism on or proposals for improving its functioning with 
respect to human rights and fundamental freedoms; 
b. To make recommendations to any public authority regarding legislative or 
regulatory changes relating to human rights and fundamental freedoms; 
c. To draw to the attention of any public authority any aspect of its work that may 
hinder or impede the promotion, protection and realization of human rights and 
fundamental freedoms; 
d. To call the attention of any public authority to any action or omission by any 
actor, private or public, that may involve or contribute to a violation of human 
rights or fundamental freedoms; and 
e.  To freely publish, impart or disseminate to others any information submitted to 
any public authority in the exercise of the rights set out in this Chapter. 
SEC. 14. Right to Peaceful Assembly. - (1) Everyone, individually or in association 
with others, has the right to meet or assemble peacefully as well as to participate in peaceful 
activities concerning human rights and fundamental freedoms, free from interference that is 
arbitrary or unlawful by public authorities and private actors, at the local, national, regional or 
international level. 
(2) The right referred to in subsection (1) includes the right to plan, organize, participate 
in and disseminate information regarding peaceful activities concerning human rights and 
fundamental freedoms, including demonstrations, protests, seminars and meetings, whether 
conducted in a public or private place. 
SEC. 15. Right to Represent and Advocate. - (1) Everyone, individually and in 
association with others, has the right to assist, represent or act on behalf of another person, 


 
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group, association, organization or institution in relation to the promotion, protection and 
exercise of fundamental rights and freedoms, including at the local, national, regional and 
international levels. 
(2) The right referred to in subsection (1) includes the right: 
a. To complain about the policies and actions of public authorities with regard to 
violations of human rights and fundamental freedoms, by petition or other appropriate 
means, to domestic judicial, administrative or legislative authorities or any other 
competent authority such as the Commission on Human Rights and the Ombudsman; 
b. To offer and provide professionally qualified legal counsel, paralegal, or other relevant 
advice and assistance in defending human rights and fundamental freedoms; 
c. To attend public hearings, proceedings and trials so as to form an opinion on their 
compliance with national law and human rights and fundamental freedoms; and 
d. To submit communications and information to authorities and bodies referred to in 
Section 10. 
SEC. 16. Right to Freedom of Movement. - (1) A person who is lawfully within the 
territory, or subject to the jurisdiction of the Philippines shall, within its territory or place of 
jurisdiction, have the right to liberty of movement and freedom to choose his or her residence 
and shall have the right to carry out lawful activities in the entire territory or place of 
jurisdiction. 
(2) No one lawfully within the Philippine territory shall be expelled therefrom, as an 
individual or as part of a group, wholly or partially, on account of acts as a human rights 
defender. 
(3) No one shall be deprived of the right to enter or leave the country on account of 
one's status, activities or work as a human rights defender. 
SEC. 17. Right to Privacy. - (1) Everyone, individually or in association with others, 
has the right to privacy. 
(2) The right referred to in subsection (1) includes the right of a human rights defender 
to protect one's privacy through lawful means, including encryption of personal data, and be 
free from arbitrary and unlawful intrusion and interference into one's personal activities 
including those concerning one's family, livelihood and place of work, one's correspondences 
and possessions, including all digital data pertaining thereto. 
(3) "Intrusion and interference" under subsection (2) includes any orm of surveillance, 
recording, within the purview of Republic Act No. 4200, otherwise known as "An Act to 
Prohibit and Penalize Wire Tapping and Other Related Violations of the Privacy of 
Communication, and for Other Purposes, search and seizure in relation to his or her legitimate 
activity or work as a human rights defender. 
(4) The right to privacy extends to groups, organizations or associations. 
SEC. 18. Freedom from Intimidation or Reprisal. - No person shall be subjected, 
individually or in association with others, to any form of intimidation or reprisal on the grounds 
of or in relation to his or her status, activities or work as a human rights defender. 


 
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SEC. 19. Right to a Sanctuary. - Any person, individually or in association with 
others, who has been subjected to any form of intimidation or reprisal, has the right to a safe 
refuge or sanctuary. 
Said sanctuary shall be considered established if that person gives confidential notice 
to the Human Rights Defenders Protection Committee created under this Act indicating that 
said place, building or area has been constituted as a sanctuary. 
SEC. 20. Freedom from Defamation and Stigmatization. - No person shall be subject 
to any form of defamation, stigmatization, or other harassment, whether offline or online, and 
whether by public authorities or private actors, in connection with one's status, activities or 
work as a human rights defender. 
SEC. 21. Right to Exercise Cultural Rights and to Development of Personality. -  
(1) Consistent with Article 18 (1) of the UN Declaration on Human Rights Defenders, 
everyone, individually or in association with others, has the right to the unhindered exercise of 
cultural rights in one's activities and work as a human rights defender and to the free and full 
development of one's personality. 
(2) The right referred to in Subsection (1) includes the right to challenge and change 
traditional customs and practices that violate human rights and fundamental freedoms. 
SEC. 22. Right to Effective Remedy and Full Reparation. - (1) Everyone, 
individually or in association with others, has the right to an effective remedy and full 
reparation, both monetary and nonmonetary, in the event of a violation of the rights in Chapter 
Il or a breach of obligations in Chapter III of this Act. 
(2) A person whose rights have been violated or who has been adversely affected by a 
breach of obligations has the right to obtain such effective remedy and full reparation from the 
appropriate government agency or court of competent jurisdiction. 
(3) A complaint with the competent court or tribunal relating to the violation of rights 
under a breach of obligation under Chapter III of this Act may be filed by the following: 
a.  human rights defender;  
b. an association of the human rights defender; 
c. legal or other representative of the human rights defender appointed to conduct 
the affairs of or to otherwise act on behalf of the human rights defender; 
d. a family member of the human rights defender; 
e. a group, association or organization with which the human rights defender is 
associated; 
f. any person acting in the public interest and consistently in pursuit of the 
purposes of this Act; and 
g. the Human Rights Defenders' Protection Committee. 
However, as much as possible, the consent of the victim must first be obtained before 
a complaint is filed. In the absence of such consent, the human rights organization or 
association may proceed with filing the complaint or petition unless the lack or absence of 
consent is based on the threat to the life, liberty or security of the victim or his or her family. 


 
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SEC. 23. Limitation on the Rights of Human Rights Defenders. - In exercising the 
rights in Chapter II of this Act, a human rights defender, individually or in association with 
others, shall be subject only to limitations that are prescribed by law, and are reasonable, 
necessary and proportionate in accordance with international human rights obligations and 
standards. Such rights shall be exercised solely for the purpose of securing due recognition of 
and respect for the human rights and fundamental freedoms of others and should meet the 
reasonable requirements of public order and general welfare in a democratic society. 
CHAPTER III 
OBLIGATIONS OF THE STATE AND PUBLIC AUTHORITIES 
 
SEC. 24. Obligation to Respect, Promote, Protect, and Fulfill the Rights of Human 
Rights Defenders. - Public authorities shall take all necessary measures to ensure: (1) that the 
human rights and fundamental freedoms in Chapter II of this Act are effectively guaranteed 
and protected; (2) that all laws, policies and programs of government are consistent with the 
rights in Chapter II of this Act; and (3) that human rights defenders are able to freely undertake 
their activities and work in a safe and enabling environment without restrictions. 
SEC. 25. Obligation to Facilitate the Activities and Work of Human Rights 
Defenders. - Public authorities shall take all necessary measures in accordance with law to 
facilitate and protect the exercise of the rights vested on human rights defenders under Chapter 
II of this Act, which measures shall include the obligations to: 
a. permit and facilitate access to places where persons are deprived of liberty; 
b. permit and facilitate access to places and to information required by human 
rights defenders to exercise their rights; 
c. provide information about violations of human rights or fundamental freedoms 
that may have been committed within Philippine territory or jurisdiction, 
including those committed by agents of the State in the line of duty; 
d. develop and enhance the capacity of human rights defenders to defend and 
promote human rights and fundamental freedoms; and 
e.  publicly recognize the role, functions and activities of human rights defenders. 
SEC.26. Obligation to Provide Free Access to Materials Relating to Human Rights 
and Fundamental Freedoms. - Public authorities shall make freely available and accessible 
to the public the following materials online and through other modes and platforms of 
information dissemination: 
a. The Constitution, national laws and regulations; 
b. International human rights instruments; 
c. Research, studies, reports, data, archived and other information and materials 
within the possession of public authorities that relate to human rights and 
fundamental freedoms; 
d. Government reports and information submitted to international human rights 
bodies and mechanisms; 
e. Reports and communications of international human rights bodies and 
mechanisms involving the country's compliance with international treaty 
obligations;  


 
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f. Documents and information related to the decisions or activities of the 
Commission on Human Rights and other national authorities with competence 
in the field of human rights and fundamental freedoms; and 
g. All such other information as may be necessary to secure or enable the exercise 
of any human right or fundamental freedom under Chapter Il or access to 
remedy for violation of any such right. 
SEC. 27. Obligation not to Disclose Confidential Sources. - Public authorities shall 
not disclose or require disclosure of the identity of sources used by human rights defenders 
unless both the relevant source and the concerned human rights defender give informed consent 
in writing to such disclosure or if so required by an independent and impartial tribunal in 
accordance with international standards. 
SEC. 28. Obligation to Prevent and to Ensure Protection from Intimidation or 
Reprisal. - Public authorities shall take all necessary measures to ensure the prevention of and 
protection from any intimidation or reprisal by any public or private actor against human rights 
defenders. These shall include protection measures established under pertinent laws. 
SEC. 29. Obligation to Penalize Intimidation or Reprisal. - Any public authority or 
private actor who is found guilty of committing intimidation or reprisal against a person on the 
grounds of or in connection with his or her status, work, activities as a human rights defender, 
shall be penalized under the appropriate provision/s of the Revised Penal Code, in addition to 
administrative and/or civil sanctions that may be imposed considering the gravity of the 
offense, upon the discretion of the court or competent authority. 
SEC. 30. Obligation to Refrain from Derogatory and Unfounded Labeling. - (1) 
Under no circumstance shall public authorities engage in false, unfounded and derogatory 
labeling of human rights defenders including identifying or tagging them as "reds", 
"communists", "terrorists", or "enemies of the State". 
(2) Public authorities shall immediately expunge or rectify such labeling as part of the 
non-monetary reparation to victims referred to in Section 22 (2) of Chapter II and Section 34 
of Chapter III of this Act. 
SEC. 31. Obligation to Ensure Protection from Arbitrary or Unlawful Intrusion 
and Interference. - (1) Public authorities shall take extraordinary diligence to ensure the 
protection of human rights defenders from arbitrary or unlawful intrusion and interference into 
one's personal activities including those concerning one's family, livelihood and place of work, 
one's correspondences and possessions, including all digital data pertaining thereto. 
(2) Intrusion and interference in subsection (1) includes any form of surveillance, 
recording, search and seizure in relation to any person's legitimate activity or work as a human 
rights defender without his or her consent. 
SEC. 32. Obligation not to Participate in Violating Human Rights and 
Fundamental Freedoms. - All public authorities are mandated not to participate, by acts of 
commission or omission, in violating human rights and fundamental freedoms. Subordinate 
employees have the right and duty to refuse any order from their superiors to participate in acts 
that contravene their duty to protect, uphold and promote human rights and fundamental 
freedoms, and shall not be subject to any administrative sanctions as a consequence of such 
refusal. 


 
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SEC. 33. Obligation to Conduct Investigation. - Whenever there is reasonable ground 
to believe that a human rights defender has disappeared, been killed, tortured, ill-treated, 
arbitrarily detained, threatened or subject to a violation of any of the rights in Chapter Il of this 
Act, whether by a public authority or private actor, the State must ensure that a prompt, 
thorough, effective, independent and impartial investigation is conducted with extraordinary 
diligence and is prosecuted under existing applicable laws, including RA 9745, "the Anti-
Torture Act"; RA 10353, the "Anti-Enforced or Involuntary Disappearance Act"; and RA 7438, 
"An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial 
Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers, and 
Providing Penalties for Violations Thereof". Presumption of regularity in the performance of 
duty by the offending public authority shall not be invoked. 
SEC.34. Obligation to Ensure Effective Remedy and Full Reparation. - Public 
authorities shall take all necessary measures to ensure that an effective remedy and full 
reparation are available and provided for violations of the rights in Chapter II and for breach 
of the obligations in Chapter III of this Act. 
SEC. 35. Obligation to Enforce and Institutionalize Command Responsibility. - 
Government agencies shall enforce and institutionalize command responsibility and impose 
sanctions against errant superior in both military and civilian agencies as provided under 
existing laws and executive issuances. 
SEC. 36. Obligation to Adopt Human Rights-Based Governance. - Public 
authorities shall adopt the human rights-based approach to governance and development, 
including counter-insurgency and anti-terror programs and policies. 
SEC. 37. Obligation to Strengthen Protection Program. - The Commission on 
Human Rights shall strengthen its protection program and provide a safe place of refuge or 
sanctuary for high risk human rights defenders and or their immediate families, more 
particularly those who have filed formal complaints against high ranking public authorities. 
SEC. 38. Obligation to Respect the Principle of Non-refoulement. - No person shall 
be forcibly returned, expelled or extradited to another State where there are substantial grounds 
to believe that the human rights and fundamental freedoms of the person are in danger of being 
violated. 
SEC. 39. Obligation to Promote and Facilitate Human Rights Education. - All 
government agencies shall promote, facilitate and adequately provide resources on teaching, 
training and education about human rights and fundamental freedoms to all persons within the 
country's jurisdiction. Teaching, training and education programs shall include information 
about this Act and the important and legitimate work of human rights defenders. 
The Department of Education (DepEd) and the Commission on Higher Education 
(CHED) shall require human rights education as an obligatory curriculum in all academic 
institutions, colleges and universities, public or private. 
SEC. 40. Diligence Required. - Any complaint or report for violation of human rights 
and fundamental freedoms shall be dealt with and acted upon with extraordinary diligence by 
concerned government personnel. Failure to act within three (3) days from reporting any 
violation of this Act shall hold the government personnel criminally, civilly and 
administratively liable. 


 
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CHAPTER IV 
THE HUMAN RIGHTS DEFENDERS PROTECTION COMMITTEE 
 
SEC. 41. Creation and Composition of the Human Rights Defenders Protection 
Committee. - (1) There shall be an independent collegial body to be known as the Human 
Rights Defenders Protection Committee, herein referred to as the Committee, that shall be 
composed of one (1) Chairperson and six (6) Members. The Chairperson shall be selected by 
the Commissioners of the Commission on Human Rights from among themselves in an en banc 
session. The six (6) members shall be jointly nominated by two (2) representatives each of the 
Philippine Alliance of Human Rights Advocates (PAHRA), Karapatan Alliance for the 
Advancement of People's Rights (Karapatan), Free Legal Assistance Group (FLAG), and the 
National Union of People's Lawyers (NUPL) in a meeting called for this purpose, without 
prejudice to the nominations of other human rights organizations who have proven track 
records of probity and independence. 
(2) The aforementioned nominees shall be appointed by the Commission on Human 
Rights in an en banc session. 
(3) The composition of the Committee shall have a balanced gender representation on 
the basis of the principles of equality and non-discrimination and adequate representation of 
ethnic, cultural and minority groups. 
(4) The Committee shall be attached to the Commission on Human Rights (CHR) for 
administrative and budgetary purposes only. 
(5) The Committee shall organize itself within thirty (30) days from the completion of 
the selection process of the Chairperson and Members of the Committee as herein provided in 
Subsection (1), and shall thereafter organize its Secretariat. 
SEC. 42. Qualifications of the Committee Members. - The Members of the 
Committee shall possess the following qualifications: 
1. High moral character, recognized probity, competence, and integrity; 
2. Known independence in making decisions and taking stances on issues and 
concerns pertaining to the protection and promotion of human rights and 
fundamental freedoms; 
3. A deep, thorough and enlightened knowledge and understanding of human 
rights and fundamental freedoms and the role, work, and protection needs of 
human rights defenders; and 
4. At least two (2) members, including the Chairperson must be members of the 
Philippine Bar who have been engaged in the practice of law for at least seven 
(7) years. 
SEC. 43. Term of Office. - The Chairperson and Members of the Committee shall be 
designated once for a term five (5) years only. Of those first designated, three (3) Members 
shall serve for five (5) years, two (2) Members for four (4) years, and the last two (2) Members 
shall hold office for three (3) years. Succeeding Chairpersons and Members shall be designated 
for a term of not more than five (5) years. Designation to any vacancy shall be only for the 
unexpired portion of the term of the predecessor. 


 
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SEC. 44. Functions of the Committee. - The Committee shall exercise the following 
functions: 
a. Protect human rights defenders from intimidation and reprisals; 
b. Ensure accountability for acts of intimidation and reprisal; 
c. Facilitate and promote inter-agency and inter-department coordination to 
prevent, protect from, investigate, and ensure accountability for acts of 
intimidation or reprisal; 
d. Investigate on its own or on complaint by any party all forms of violations of 
human rights and fundamental freedoms of human rights defenders; 
e. Publicly acknowledge and promote the legitimate and important role, activities 
and work of human rights defenders; 
f. Consult regularly and work closely with human rights defenders in the 
implementation of this Act; 
g. Monitor existing and proposed legislation, assess their impact or potential 
impact on the status, activities and work of human rights defenders, and propose 
amendments and/or remedial measures or block their passage if the measures 
shall to a large extent adversely affect the human rights defenders and their work 
and activities; 
h. Prepare and submit reports and communications on the situation of human rights 
defenders to relevant international and regional human rights bodies and 
mechanisms; 
i. Monitor and carry out periodic reviews of the implementation of this Act, the 
first of which shall be conducted one (1) year after its effectivity. 
j. Submit annual reports on the situation of human rights defenders and the status 
of implementation of this Act to the Office of the President of the Senate and 
the Office of the Speaker of the House of Representatives; 
k. Make recommendations to relevant authorities on the appropriate measures to 
be taken to promote a safe and enabling environment for human rights 
defenders, mitigate and prevent the risks they face, and address the root causes 
of violations against human defenders; and 
l. Perform other relevant functions as may be necessary to attain the objectives of 
this Act. 
SEC. 45. Training and Vetting. - All persons involved in the work and activities of 
the Committee, including security and law enforcement officials, shall be appropriately vetted 
and shall receive training on human rights and fundamental freedoms, the situation and 
protection needs of human rights defenders prior to the commencement of the involvement, 
and continuing training designed to ensure full and effective implementation of the Act. 
CHAPTER V  
PENALTIES 
 
SEC. 46. Penalty for Violations of Sections 5 To 16 of this Act. - The penalty of 
prision mayor in its maximum period to reclusion temporal in its medium period without 
privilege of parole shall be imposed upon any government personnel or the whole complement 
of a government unit, the paramilitary personnel or the whole complement of the paramilitary 


 
15 
unit, the government asset (and/or the military affiliate) who violates any of the rights of a 
human rights defender defined in sections 5 to 16 of this Act. 
SEC. 47. Penalty for Destroying, Altering, or Falsifying Records and Documents. 
- The penalty of prision mayor in its minimum to its medium period or a fine of One hundred 
thousand pesos (Php100,000.00) or both, at the discretion of the court, shall be imposed upon 
any government personnel or the whole complement of a government unit, the paramilitary 
personnel or the whole complement of the paramilitary unit, the government asset (and/or the 
military affiliate) who impede, obstruct, or influence any preliminary investigation, 
administrative investigation and/or petition by altering, destroying, mutilating, concealing, 
covering up, falsifying, or making any false entries in any record, document, or specimen 
whereof, relative to any matter involving any human rights defenders, or the activities of the 
defenders' organizations. 
SEC. 48. Penalty for Any Other Violations of this Act. - The penalty of prision mayor 
in its minimum period or a fine of One hundred thousand pesos (Php 100, 000.00) or both, at 
the discretion of the court, shall be imposed upon any individual who violates any other 
provisions of this Act. 
SEC. 49. Violations of this Act as Aggravating Circumstances. - A violation of any 
provision of this Act committed during the commission of a crime defined in any penal law 
shall be considered an aggravating circumstance in the imposition of the penalty on said crime. 
SEC. 50. Non-Applicability of the Probation Law. - A violation of any provision of 
this Act which shall constitute the main crime or as an aggravating circumstance shall not 
entitle the offender or the accused to the privileges of probation under the Probation Law. 
CHAPTER VI 
FINAL PROVISIONS 
 
SEC. 51. Implementing Rules and Regulations. - (1) Within sixty (60) days from the 
effectivity of this Act, the Commission on Human Rights in consultation with PAHRA, 
Karapatan, FLAG, and NUPL, and other human rights organizations and individual human 
rights defenders of known probity, shall promuigate the Implementing Rules and Regulations 
(IRR) for the effective implementation of this Act and shall ensure the full dissemination of 
the Act and the IRR to the public. 
(2) In formulating the corresponding rules and regulations and in implementing this 
Act, the following guiding principles shall be strictly adhered to: 
a. Adherence to the rule of law is the ultimate safeguard against violations of 
human rights and fundamental freedoms. 
b. Empowerment of human rights defenders is enhanced by their active 
participation in formulating, implementing, and evaluating protection programs 
for human rights defenders. 
c. Periodic assessments of risks, vulnerability or conflict help identify protection 
needs of human rights defenders giving particular attention to those of women 
and others' who are at increased risks. 


 
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d. Keeping and maintaining confidentiality of the personal data collected on 
human rights defenders and those referred to in Sec. 22 (3) herein upholds their 
right to privacy and security of person. 
e. Continuous training of the members of the Committee Secretariat on human 
rights and fundamental freedoms, the root causes of their violations, and the 
work and protection needs of human rights detenders help sustain their 
commitment to the obiectives of the Act. 
f. Independent and effective operation of the Committee and its Secretariat 
requires sustained adequate resources. 
g. Transparent, aboveboard, and equitable resource allocation and disbursement 
help ensure maximum protection to human rights defenders and their 
constituencies particularly those of higher risks and vulnerabilities. 
h. Risks and challenges faced by women and lesbians, gays, bisexuals and 
transgenders (LGBT) human rights defenders and those working on women's 
and LGBT rights and gender issues demand special attention. 
i. Generating support from a strong, independent, and effective national human 
rights institution and from the general public enhances and contributes to the 
effective work of human rights defenders. 
j. Open access to the United Nations and international human rights bodies 
contributes to a safe and enabling environment for human rights defenders to 
work in. 
SEC. 52. Suppletory Applications. - The applicable provisions of the Revised Penal 
Code shall have suppletory application insofar as they are consistent with the provisions of this 
Act. 
SEC. 53. Separability Clause. - If for any reason any part or provision of this Act is 
declared unconstitutional or invalid, the other parts or provisions hereof which are not affected 
thereby shall remain and continue to be in full force and effect. 
SEC. 54. Repealing Clause. - All laws, decrees, executive orders, rules and regulations 
and other issuances or parts thereof, inconsistent with the provisions of this Act are hereby 
repealed, amended or modified accordingly. 
 
SEC. 55. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette, or in a newspaper of general circulation. 
Approved,