Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5225

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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AN ACT
TO PROVIDE COMPENSATION, REIMBURSEMENT FOR HOSPITALIZATION
EXPENSES, AND OTHER BENEFITS, TO CIVILIANS CAUGHT IN THE
CROSSFIRE BETWEEN REBELS AND THE MILITARY, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

Article ll, Section 3 of the 1987 Constitution states that "Civilian authority
és at all times supreme over the military”. The Armed Forces of the Philippines is
the protector of the people and the State. Its primordial duty is to secure the
sovereignty of the State and the integrity of the national territory.

Sections 4 and 5 of the same article likewise provides that "The prime duty
of the govemment is to serve and protect the peopie” and that the maintenance
of peace and order, the protection of life, liberty and property, and the promotion
of the general welfare are essential for the employment by all the people of the
blessings of democracy.

While said provisions have been incorporated in the Constitution to
secure, among others, the safety of the people, it is quite lamentable that this
objective has not been attained and remains elusive until the present.

Amidst numerous incidents of killings and inevitable displacement of many
Filipinos due to military counter insurgency-efforts, there is an urgent need to


alleviate the sufferings of innocent civilians caught in the crossfire brought about
by the continued armed conflict between the military and rebel forces.

To uphold what is being espoused in our Constitution that civilian authority
is supreme over the miliary, this humble proposal is one mode of easing the
hardships endured by civilians who get caught in the middle and exposed to
imminent danger due to the continued fighting between our military and rebel
forces.

in view of the foregoing, we are therefore urging our colleagues to ensure
the immediate passage of this bill

\CAPAGAL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5225

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

——_.

AN ACT
TO PROVIDE COMPENSATION, REIMBURSEMENT FOR HOSPITALIZATION
EXPENSES, AND OTHER BENEFITS, TO CIVILIANS CAUGHT IN THE
CROSSFIRE BETWEEN REBELS AND THE MILITARY, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1, — This Act shall be known and cited as the "Civilian
Compensation Act of 2011.”

SECTION 2. Civilian Compensation Fund. — The Civilian Compensation
Fund is hereby established which shall be administered by the Commission on
Human Rights, hereafter referred to as the Commission.

SECTION 3. Definition of Terms. — As used in this Act, the term:

a. The "military" refers to the Armed Forces of the Philippines:

b. A “rebel” is a person who opposes or takes up arms against the
government or its duly constituted authorities.

c. A "civilian" is a resident of the country who is neither a rebel nor a
member of the military,


SECTION 4. Any civilian, as defined in Section 4 hereof, who is killed or
injured in the crossfire between rebels and the military shall be entitled to:

a. an indemnity in the amount not exceeding Thirty Thousand Pesos
(P30,000.00), in case of death;

b. a reimbursement for the necessary expenses incurred for
hospitalization, medical treatment, loss of wage, and the like, in case of
injury. Provided, that in case said civilian is compelled by the military to
feave his or her residence prior to a military campaign, the Commission
shalt provide emergency housing, food and medical benefits to said
civilian, Provided further, that in case said civilian incurs material loss, the
Commission shall indemnify the former the necessary amount to cover
said loss

SECTION 5. Any civilian, his or her family, or any other person dependent
upon said civilian for support may file a claim with the Commission: Provided,
that the claim must be filed within six (6) months after the date of the death,
injury, compulsory abandonment of one's residence, or occurrence of other
similar events that resulted to material loss.

SECTION 6. implementing Rules and Regulations, - The Commission
shail promulgate the rules and regulation necessary to effectively implement this
Act.

SECTION 7. Appropriations, — The amount of Five Million Pesos
(P5,000,000.00) is hereby authorized from the funds of the National Treasury not
otherwise appropriated. Thereafter, such amount shall form part of the regular
budget of the Committee.

SECTION 8. Separability Clause. - If any provision of this Act shall be
declared invalid or unconstitutional, the remaining part or provisions not
otherwise affected shall remain in force and effect.

SECTION 9. Repealing Clause. ~ All laws, decrees, executive orders,
issuances, rules and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed, amended or modified accordingly

SECTION 10. Effectivity. ~ This Act shall take effect after fifteen (15) days
following the completion of its publication in the Official Gazette and in at least
two (2) newspapers of general circulation.

Approved,