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SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)

FIRST REGULAR SESSION ) 2 RECEIVED ”
owe 29 NOV Me

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodrig

4550

House Bill No.,

EXPLANATORY NOTE

Within one year from ratification of the Optional Protocol to the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment,’ the Philippines is obligated to establish a national preventive
mechanism.’ It is one, or several visiting bodies, set up, designated or
maintained, at the domestic level, for the prevention of torture and other cruel,
inhuman or degrading treatment or punishment.° This proposed measure, that
establishes the NPM, aims at compliance by the Philippines of its duty, as a
State Party to the OPCAT.

A

MAXIMO B. RODRIGUEZ, JR.

* Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment, opened for signature 4 February 2003, 2375 UNTS 237, entered into force
22 June 2006 (OPCAT), art 17. Upon ratification, a State Party may make a declaration postponing its
obligation to do so (OPCAT, art. 24). But the Philippines has not made such a dectaration.

= NPM.

* OPCAT, art 3. Mechanisms established by a decentralized unit may be designated as NPMs for the
purposes of the OPCAT, if they are in conformnity with its provisions (OPCAT, art 17)


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

4550

House Bill No.,

AN ACT
ESTABLISHING A NATIONAL PREVENTIVE MECHANISM AGAINST
TORTURE IN THE PHILIPPINES.

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

SECTION 1. Short Title. —- This Act shall be known as the “Torture
Prevention Act’.

SECTION 2. Declaration of Policy. - The State is fully committed to the
prevention of torture, and the establishment of an independent national
preventive mechanism, in compliance with its obligations under the Optional
Protocol to the Convention against Torture, and Other Cruel, Inhuman or
Degrading Treatment or Punishment. This mechanism is a visiting body set-
up for the prevention of torture and other cruel, inhuman or degrading
treatment or punishment, The State will provide the necessary resources to
ensure the functional independence of this mechanism

SECTION 3. Philippine Torture Prevention Commission. The Philippine
Torture Prevention Commission is hereby established as the national
preventive mechanism of the Philippines. It shall be composed of a
Chairperson and four Members, who must be chosen in an open, transparent
and inclusive process. Only individuals with proven track records in the
promotion of human rights shall form part of the Commission. Among the
Chairperson and Members, there must be gender balance, adequate
representation of ethnic and minority groups in the country, and diversity of
expertise, including the relevant legal and health-care expertise

The Chairperson and the 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, any of its
sub-divisions, agencies, or instrumentalities, including government-owned or
controlled corporations or their subsidiaries

The Chairperson and the Members of the Commission shall be
appointed by the President for a term of seven years without reappointment


Appointment to any vacancy shall be only for the unexpired term of the
predecessor, The President shall give due consideration to nominations by
civil society organizations engaged in the promotion of the right not to be
subjected to torture and other cruel, inhuman or degrading treatment or
punishment

The Chairperson and the Members of the Commission shall receive the
same salary as the Chairperson and the Members, respectively, of the
Constitutional Commissions, which shall not be decreased during their term of
office

SECTION 4. Powers. - The powers of the Commission include the power: (a)
to examine regularly the treatment of the persons deprived of their liberty in
places of detention, with a view to strengthening, if necessary, their protection
against torture and other cruel, inhuman or degrading treatment or
punishment; (b) to make recommendations to the relevant authorities, with the
aim of improving the treatment and the conditions of the persons deprived of
their liberty, and to prevent torture and other cruel, inhuman or degrading
treatment or punishment, taking into consideration the relevant norms of the
United Nations; and (c) to submit proposals and observations concerning
existing or draft legislation

The visiting mandate of the Commission shall extend to all places of
deprivation of liberty. Deprivation of liberty means any form of detention or
imprisonment or the placement of a person in a public or private custodial
setting which that person is not permitted to leave at will by order of any
judicial, administrative or other authority. These detention places include all,
and any suspected, places of deprivation of liberty, which are within Philippine
jurisdiction, over which Philippine authorities exercise effective control

The Commission shall cary out unannounced visits to all, and any
suspected, places of deprivation of liberty, in a manner, and with sufficient
frequency, to make an effective contribution to the prevention torture and
other cruel, inhuman or degrading treatment or punishment

SECTION 5. Access, - The Commission shall have (a) access to all
information conceming the number of persons deprived of their liberty in
places of detention, as well as the number of places, and their location; (b)
access to all information referring to the treatment of those persons, as well
as their conditions of detention; (c) access to all places of detention and their
installations and facilities; (d) opportunity to have private interviews with the
persons deprived of their liberty, without witnesses, either personally or with a
translator, if deemed necessary, as well as with any other person, who the
Commission believes may supply relevant information; (e) liberty to choose
the places they want to visit, and the persons they want to interview; and (f)
right to have contacts with the Subcommittee on the Prevention of Torture, to
send it information, and to meet with it

SECTION 6. Privilege. — No authority or official may order, apply, permit or
tolerate, any sanction against any person or organization, for having
communicated to the Commission any information, whether true or false, and
no such person or organization may be otherwise prejudiced in any way.
Confidential information collected by the Commission shall be considered


privileged. No personal data may be published without the express consent of
the person concemed. The Commission shall ensure that any confidential
information acquired in the course of its work is fully protected

SECTION 7. Dialogue. - The competent authorities shall examine the
recommendations of the Commission, and enter into a dialogue with it, on
possible implementation measures. These authorities shall enter into a follow-
up process with the Commission, with a view to the implementation of any
recommendations, which the Commission may make. These authorities shall
also publish and widely disseminate the annual reports of the Commission

SECTION 8. Implementing Rules and Regulations, - The CHR shall issue
the necessary rules and regulations to implement the provisions of this Act
within sixty (60) days from its effectivity.

In the formulation of the rules and regulations, the Commission shall
coordinate with the DSWD, the DND, the DILG, the DENR, the DOH and shall
likewise consult with the LGUs and human rights non-governmental
organizations and people's organizations

SECTION 9. Repealing Clause. - All laws, decrees, executive orders,
memorandum orders, memorandum circulars, administrative orders,
ordinances or any part thereof, inconsistent with the provisions of this Act are
hereby deemed repealed or modified accordingly.

SECTION 10. Separability Clause. — if any part or provision of this Act shall
be declared unconstitutional or invalid, the other portions hereof which are not
affected thereby shall remain full force and effect.

SECTION 11. Effectivity. — This act shall take effect fifteen (15) days upon its
publication in at least two (2) newspapers of national circulation

Approved,