SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES) 
Second Regular Session 
) 
SENATE 
S. B. No. 
2368 
Introduced by Senator TEOFISTO "TG" GUINGONA D1 
AN ACT 
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"14 
AUG19 P5:15 
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND 
PENALIZING THE ACTS OF ARBITRARY INTERNAL DISPLACEMENT 
EXPLANATORY NOTE 
A humanitarian issue that has always been prevalent in the country is "internal displacement." 
Internal displacement refers to "the involuntary movement or forced evacuation or expulsion of any 
person or group of persons who flee or leave their homes or places of habitual residence, within the 
national borders, as a result of or in order to avoid or minimize the effects of armed conflict, situations 
of generalized and/or organized violence, violations of human rights, implementation of development 
projects, natural, human-induced and human-made hazards." It is a common phenomenon in the 
Philippines brought about mostly by long-standing insurgencies, as well as natural and man-made 
calamities, among others. Involuntary displacement is a serious social problem that needs to be 
addressed as it results in loss of lives and properties, psychological trauma, family disintegration, 
disruption in education, loss of employment, anarchy, over-all vulnerability, and the like. 
It is the policy of the State to respect the dignity and human rights of every human person. This bill, 
which aims to promote and protect the rights of internally displaced persons (IDPs), fulfills this policy. 
IDPs should not be considered merely as "collateral damage" of armed conflict or other humanitarian 
emergencies, as each one of us has a stake in human security and development. It is also sobering to 
note that every person in the country is susceptible to becoming an IDP. 
1 


This "Rights ofIntemally Displaced Persons Act" has the following main features: 
a) 
It details all the rights and entitlements ofIDPs. 
b) 
It provides a mechanism where IDPs could be awarded damages for prohibited acts of 
arbitrary internal displacement. 
c) 
It sets up a Joint Congressional Oversight Committee & inter-agency coordinating 
committee that would monitor compliance with this Act. 
d) 
It establishes the Commission on Human Rights (CHR) as the institutional focal point 
for IDPs. 
In view of the foregoing, the passage of this bill is earnestly sought. 
o "TG" GUINGONA ill 
Senator 
2 


SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES) 
Second Reg1llar SessIOn 
) 
SENATE 
Senate Bill No 
2368 
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(~tfl;r t1f Up! .)rrr'h1r~ 
'14 
AUG 19 P5 :15 
Introduced by SENATOR TEOF'ISTO "TG" GlJINGONA III 
AN ACT 
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND 
PENALIZING THE ACTS OF ARBITRARY INTERNAL DISPLACEMENT 
Be it enacted by the Senate and HOllse of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION I. Short ?We. - This Act shall be known as the "Rights of Internally 
2 
Disp laced Persons Act". 
3 
SEC. 2 Declaration of Principles and State Policies - Consistent with the principles 
4 
enshrined in the Constitution, the standards set by international humanitarian law and human 
5 
rights laws, international treaties and conventions adhered to by the Philippines, including the 
6 
United Nations' Guiding Principles on Internal Displacement (UNGPID), it is also hereby 
7 
declared a State policy to adopt a rights-based approach for the promotion and protection of 
8 
the rights of internally displaced persons in situations of armed conflict, generalized and/or 
9 
organized violence, clan wars, violations of human rights, implementation of development 
10 
projects, natural, human-induced and human-made hazards. 
11 
In the event of armed conflict, the parties shall ensure the promotion and protection of 
12 
the rights of the victims of armed contlict in accordance with international humanitarian law 
13 
and international human rights laws 
14 
SEC. 3. Definition o.fTerms - As used in this Act 
15 
a. 
Apartheid refers to inhumane acts committed 
111 the context of an 
16 
institutionalized regime of systematic oppression and domination by one racial group or 
17 
groups and committed with the intention of maintaining that regime. 
18 
b. 
Arhitrary mternal displacement refers to act of displacement or any other 
19 
coercive act committed by any person or group/s of persons and directed against the civilian 
20 
population, which are contrmy to law, good morals, public order or public policy, or 
3 


1 
committed with abuse of authority, oppressive or wanton disregard of the right to life, liberty 
2 
or property and abode of the residents of an area in which they are lawfully present, arid 
3 
characterized by those situations as defined in Section 6 of this Act 
4 
c. 
Clan War refers to any conflict that may arise between members of different 
5 
indigenous groups, indigenous cultural communities or clans, or between and among 
6 
members of the same indigenous group, cultural community or clan 
7 
d 
Ethnic c1eansmg refers to the act of rendering an area ethnically homogenous by 
8 
using force or intimidation to remove from a given area persons of another ethnic or religious 
9 
group 
10 
e 
Generalized and;()/' mgallized Violence refers to the purposeful and systematic 
11 
use of terror and brutality to control individuals, groups and communities, through the use of 
12 
overwhelming force, and characterized by widespread, massive or sufficient intensity, 
13 
causing arbitrary internal displacement of persons or communities 
14 
Its methods include causing severe pain and suffering, killing, intimidating, 
15 
threatening, and in some cases, destroying a community, ethnic group or political opposition. 
16 
f 
Implementation of development projects refers to the carrying out of any 
17 
undertaking or activity aimed at economic or political growth, advancement and expansion 
18 
that results or may result to arbitrary internal displacement of persons. Provided, That the 
19 
term does not include legitimate resettlement schemes and/or programs. 
20 
g, 
Internal displacement refers to the involuntary movement or forced evacuation or 
21 
expUlsion of any person or group of persons who flee or leave their homes or places of 
22 
habitual residence, within the national borders, as a result of or in order to avoid or minimize 
23 
the effects of armed conflict, situations of generalized and/or organized violence, violations 
24 
of human rights, implementation of development projects, natural, human-induced and 
25 
human-made hazards. 
26 
h. 
Internally displaced person or group 0,[ persons (IDP), refers to ally person or 
27 
group of persons who has or have been forced or obliged to flee or to leave their homes or 
28 
places of habitual residence within the national borders, as a result of or in order to avoid or 
29 
minimize the etfects of armed conflict, situations of generalized and/or organized violence, 
30 
violations of human rights, implementation of development projects, natural, human-induced 
31 
and human-made hazards 
32 
l. 
Order of Battle refers to any document made by the military, police or any law 
33 
enforcement agency of the government, listing the names of persons and organizations that 
4 


1 
are perceived to be enemres of the State and are considered as legitimate targets as 
2 
combatants that it could deal with, through the use of means allowed by domestic and 
3 
international law 
4 
SEC 4 Scope ~ This Act shall primarily provide for the protection of rights ofIDPs 
5 
during and atler displacement, as well as their return, local integration or resettlement 
6 
elsewhere. This Act shall likewise cover arbitrary internal displacement of civilians as a 
7 
result of or in order to avoid the effects of armed conflict, situations of generalized and/or 
8 
organized violence, violations of human rights, implementation of development projects, 
9 
natural, human-induced and human-made hazards. 
10 
To address the risks involved in natural hazards and the over-all impact of climate 
11 
change and global warming on the rights of those who are internally displaced, due reference 
12 
shall be made to the pertinent provisions of Republic Act No 9729, otherwise known as the 
13 
Climate Change Act of2009 and Republic Act No ] 0121, otherwise known as the Philippine 
14 
Disaster Risk Reduction and Management Act of 20 1 O. 
15 
SEC 5. Primmy [Juty to Protect the IDPs. ~ National authorities have the primary 
16 
duty and responsibility to provide protection and humanitarian assistance to internally 
17 
displaced persons within their jurisdiction. As such, State authorities, including local 
18 
government units (LGUs) and parties to an armed conflict, irrespective of their legal status 
19 
and applied without any adverse distinction, shall respect and ensure compliance with their 
20 
obligations under international law, including human rights law and humanitarian law, so as 
21 
to prevent and avoid conditions that might lead to arbitrary internal displacement of persons. 
22 
SEC. 6. Prohibited Acts of ArbItral]! intemal Displacement. ~ The prohibited acts of 
23 
arbitrary internal displacement shall include those committed: 
24 
a. 
based on policies of apartheid, ethnic cleansing, or similar practices aimed at 
25 
or resulting in altering the ethnic, religious or racial composition of the affected population; 
26 
b. 
in situations of armed conflict, unless tbe safety and security of civilians 
27 
are involved or imperative military reasons so demand, 
28 
c. 
in cases of development projects, which are not justified by compelling and 
29 
overriding public interest and with proper implementation of return, local integration or 
30 
resettlement elsewhere of affected lOPs; 
31 
d. 
in cases of natural, human-induced and buman-made hazards, unless the safety 
32 
and health of those affected require their evacuation; 
33 
e 
when used as a form of collective punishment; 
5 


1 
f 
In cases of clan wars, unless the safety and security of those civilians not 
2 
involved in the conflict are endangered; and 
3 
g. 
in violation of the rights of mps granted under Section 9, paragraphs band g 
4 
of this Act, and 
5 
h. 
in cases where there is malice, bad faith, gross negligence or in any manner 
6 
causes willful violation of the rights granted under Section 9, paragraphs a, c, d, e and f of 
7 
this Act. 
8 
An Order of Battle or any document of similar nature issued by the military or any 
9 
law enforcement agency of the government sha11 not justify arbitrary internal displacement 
10 
and shall subject the perpetrators to the penalties provided under Section 13 of this Act 
11 
SEC. 7. Scifeguard5 againsl ArIJ/lrw)! Internal Displacement. - If displacement is 
12 
inevitable under circumstances beyond control that pose hazardous risks to lives and 
13 
properties of persons living in communities, displacement shall not be carried out in a manner 
14 
that violates the rights to life, liberty, dignity, security, and property of those affected, 
15 
irrespective of their legal status and applied without any adverse distinction. 
16 
All concerned authorities, groups and persons sha11 observe the following safeguards 
17 
against arbitrary internal displacement. 
18 
a. 
All feasible alternatives sha11 be explored in order to avoid displacement 
19 
Where no alternative exists, all measures shall be undertaken to minimize displacement and 
20 
its adverse effects on the population that will be affected; 
21 
b 
If displacement is inevitable, the authorities, pursuant to their respective 
22 
mandates and functions, shall ensure, to the greatest practicable extent, that proper 
23 
accommodation is effected in satisfactory conditions of safety, nutrition, water and sanitation, 
24 
health and hygiene, and that members of the same family, especially women and children, are 
25 
not separated; 
26 
c. 
Indigenous peoples, minorities, peasants, pastoralists, persons with disabilities 
27 
(PWDs) and other groups with special dependency on and attachment to their lands shall be 
28 
protected from arbitrary internal displacement, in accordance with Republic Act No 8371, 
29 
otherwise known as the Indigenous People's Rights Act of 1997; and 
30 
d. 
[n situations other than during the emergency stages of armed conflicts 
31 
and hazards, the following guarantees shall be complied with 
32 
I) 
a specific decision shall be taken by the authority empowered by law to order 
33 
such measures, 
6 


1 
2) 
full disclosure of information on the reasons and procedures for the 
2 
displacement and when applicable, also on financial assistance and relocation, 
3 
3) 
iI-ee and informed consent ofthose persons to be displaced shall be sought; 
4 
4) 
authorities concerned shall endeavor to involve those affected, particularly 
5 
women, elderly persons and PWDs, in the planning and management of their return, local 
6 
integration or resettlement elsewhere, 
7 
5) 
law enforcement measures, when required, shall be carried out by competent 
8 
legal authorities; and 
9 
6) 
the right to an effective remedy, including the review of such decisions by 
10 
appropriate judicial authorities, shall be respected. 
11 
SEC 
8_ Permanent ProhibTtTOIl Against ArbT/raJ)! Internal Displacement. - The 
12 
prohibition on arbitrary internal displacement and the fundamental safeguards for its 
13 
prevention shall not be suspended under any circumstance, including political instability, 
14 
threat of war, state of war or other public emergencies 
15 
SEC. 9 RTghts During and After Displacement. - Pursuant to the provisions of the 
16 
Bill of Rights under Article III of the Philippine Constitution, the following rights shall be 
17 
afforded to IDPs during and after their displacement, without discrimination of any kind, 
18 
such as those based on race, color, sex, language, religion or belief, political or other opinion, 
19 
national, ethnic or social origin, legal or social status, age, disability, property, birth or on any 
20 
other similar criteria. 
21 
a. 
Provision alld Access to BaSIC NeceSSities - At the minimum, regardless of 
22 
the circumstances, and without discrimination, competent authorities shall provide rDPs with 
23 
and ensure safe access to: 
essential and adequate food and nutrition and potable water, 
basic shelter and housing, 
appropriate clothing; and 
24 
25 
26 
27 
I) 
2) 
3) 
4) 
essential medical and dental services and sanitation, including psychological 
28 
and social services and essential dmgs and medicines, 
29 
b_ 
Pro/eetlOn Against Crimmal Offenses and Other UnlaHjil/ Acts -
3D 
1) 
It shall be prohibited to commit any of the following acts against IDPs in all 
31 
circumstances: 
32 
33 
(i) 
(ii) 
murder; 
hostage-taking; 
7 


1 
Z 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
(iii) 
summary or arbitrary execution and enforced disappearance, including 
abduction or unacknowledged detention, threatening or resulting in death, and 
(iv) 
unlawful confinement, 
2) 
Attacks or other acts of violence against !DPs who do not or no longer 
participate in hostilities shall be prohibited Il1 all circumstances, without prejudice to being 
held liable for any offense committed by them In palilcular, !DPs shall be protected against. 
(i) 
direct or indiscriminate attacks or other acts of violence, including the creation 
of areas wherein attacks on civilians are permitted; 
(ii) 
starvation as a method of combat; 
(iii) 
their being used to shield military objectives from attack, Of to shield, favor Of 
impede the operations of the military, police or any armed group, 
(iv) 
attacks against any evacuation center, facility, encampment or other 
settlements; and 
(v) 
use of anti-personnellandmines, 
3) 
IDPs, whether or not their liberty has been restricted, shall be protected 1ll 
particular against: 
(i) 
rape and other outrages upon personal dignity, such as forced prostitution, 
trafficking of persons, any act of gender-specific violence, or any f(mn of indecent assault, 
(ii) 
mutilation, torture, cruel, inhumane or degrading treatment or punishment, 
(iii) 
any form of violence against children, such as trafficking, forced labor or 
sexual exploitation and other violations of children's rights; 
(iv) 
slavery or any contemporary form of slavery, such as sale into marriage, 
sexual exploitation or forced labor of children; and 
(v) 
acts of violence intended to spread terror among rDPs 
Threats and incitement to commit any of the foregoing acts under paragraph b, 
subsections 1) and 3) herein shall be prohibited; 
4) 
IDPs shall not be interned in or confined m any evacuation center, facility, 
encampment or other settlements If in exceptional circumstances such internment or 
confinement is necessary, it shall not last longer than what is required by the circumstances, 
as may be determined by the Commission on Human Rights (CHR), in close coordination 
and consultations with the military and law enforcement agencies conducting operations, and 
other concerned agencies of the government; and 
8 


1 
5) 
IDPs shall be protected against discriminatory practices of recruitment into the 
2 
Armed Forces of the Philippines (APP), law enforcement agencies or any armed group as a 
3 
result of their displacement In particular. any cruel, inhumane or degrading practice that 
4 
compel compliance or punish non-compliance with recruitment shall be prohibited in all 
5 
circumstances, 
6 
c. 
Freedom o/1vfovemenf - 1) Every IDP has the right to Iibeliy of movement 
7 
and the right to move freely in and out of any evacuation center, encampment or other 
S 
settlements, subject to its existing rules and regulations; 
9 
2) 
IDPs, whether or not they are living in an evacuation center, encampment or 
10 
other settlements, shall not be discriminated against in the enjoyment of the following rights: 
11 
(i) 
12 
expression; 
13 
(ii) 
14 
activities; 
15 
16 
(iii) 
(iv) 
to enjoy freedom of thought, conscience, religion or belief, opinion and 
to seek freely opportunities for employment and to participate in economic 
to associate freely and participate equally in community affairs; 
to vote and participate in governmental and public affairs, including the right 
17 
to have access to the means necessary to exercise these rights, and 
18 
19 
20 
21 
22 
23 
(v) 
3) 
(i) 
(ii) 
(iii) 
(iv) 
to communicate in a language they understand, 
IDPs have the right to: 
seek safety in another part of the country; 
leave the country, 
seek asylum in another country; and 
be protected against forcible return to resettlement in any place where 
24 
their lives, safety, libeliy and/or health would be at risk, 
25 
d. 
Recognition, !swance and Replacement of J)ocumen/s -
The authorities 
26 
concerned shall issue to the IDPs all documents necessary for the enjoyment and exercise of 
27 
their legal rights. In parlicular, these authorities shall facilitate the issuance of new documents 
28 
or the replacement of documents lost in the course of displacement, without imposing 
29 
unreasonable conditions and without discrimination against men and women, who shall have 
30 
equal rights to obtain and to be issued the same in their own names; 
31 
e. 
Family Unify and Missing Persons -
1) Members of internally displaced 
32 
families who wish to remain together shall be allowed to do so. Families that are separated by 
33 
displacement and whose personal liberty have been restricted by II1ternment or confinement 
9 


1 
m any evacuation center, facility, encampment or other settlements should be reunited 
2 
immediately, with appropriate measures taken to expedite the reunion, particularly when 
3 
children are involved; 
4 
2) 
The State shall encourage cooperation among international and local 
5 
humanitarian organizations engaged in the task of family reunification, 
6 
3) 
The authorities concerned shall endeavor to establish the fate and whereabouts 
7 
of IDPs reported missing and cooperate with relevant international organizations engaged in 
8 
this task. They shall inform the next-of-kin on the progress of the investigation and notify 
9 
them of any result, 
10 
4) 
The authorities concerned shall endeavor to collect and identify the mortal 
11 
remains of the deceased, prevent their despoliation or mutilation and facilitate the return of 
12 
those remains to the next-of-kin or dispose of them respectfully; and 
13 
5) 
Grave sites of IDPs shall be protected and respected in all circumstances arid 
14 
shall have the right of access to the grave sites of their deceased relatives; 
15 
f 
Health and Education -
I) Certain IDPs, such as children, especially 
16 
unaccompanied minors, expectant mothers, mothers with young children, female heads of 
17 
households, persons with. disabilities and elderly persons, shall be entitled to protection and 
18 
assistance required by their condition and to treatment which takes into account their special 
19 
needs; 
20 
2) 
All wounded and sick IDPs, as well as those with disabilities, shall receive to 
21 
the fullest extent practicable and with the least possible delay the medical care and attention 
22 
they require, without distinction on any ground other than the medical ones When necessary, 
23 
IDPs shall have access to psychological and social services and such other forms of 
24 
assistance necessary for them; 
25 
3) 
Special attention shall be paid to the health needs of women, including access 
26 
to comprehensive female health care services, to be provided whenever feasible by female 
27 
health care providers, as well as appropriate counseling and other services for victims of 
28 
sexual and other abuses, 
29 
4) 
Special attention shall also be gIven to the prevention of contagious and 
30 
infectious diseases, including AIDS, among IDPs; and 
31 
5) 
The authorities concerned shall ensure that IDPs, in particular, displaced 
32 
children, receive education that shall be free and compulsory at the primary level Special 
33 
efforts shall be made to ensure the full and equal participation of women and girls JIl 
10 


1 
educational programs, and that respect for their cultural identity, language and religion, 
2 
educational and training facilities shall be made available 10 them as SOon as circumstances 
3 
permit, and 
4 
g 
Property and PossesslOflI, - The property and possessions ofIDPs shall, in all 
5 
circumstances, be protected against the following acts 
6 
1) 
pillage or looting; 
7 
2) 
direct and indiscriminate attacks or other acts of violence, 
8 
3) 
being used to shield military operations or objectives; 
9 
4) 
being made the object of reprisal, 
10 
5) 
being destroyed or appropriated as a form of collective punishment; and 
11 
6) 
destruction, arbitrary and illegal appropriation, occupation or use. 
12 
The rights and obligations herein shall not be interpreted as restricting, modi(ying or 
13 
impairing the provisions of any international human rights or interuational humanitarian law 
14 
or rights granted to persons under domestic law. 
15 
SEC. 10 Assistance Durmg Displacement of IDFs. -
The pnmary duty and 
16 
responsibility for providing humanitarian assistance to IDPs lie with national authorities, in 
17 
close collaboration with the LGUs exercising territorial jurisdiction over the affected area/so 
18 
As such, the military and law enforcement agencies conducting operations, the Department of 
19 
Social Welfare and Development (DSWD), the Department of Health (DOH), the local 
20 
government hospitals, the LGUs concerned and other appropriate government agencies shall 
21 
provide immediate relief and humanitarian assistance to IDPs, families and communities. 
22 
Humanitarian assistance to LDPs shall not be diverted for any political or military 
Z3 
reason, All authorities concerned shall grant and facilitate the free passage of humanitarian 
24 
assistance to the internally displaced and ensure rapid, safe and unimpeded access of persons 
25 
engaged in giving such assistance, their transport and supplies to the displaced communities. 
26 
They shall not be the objects of attack or other acts of violence. 
27 
All concerned authorities shall assist the lDPs in the recovery of their property and 
28 
possessions, and shall provide or assist these persons in obtaining appropriate financial 
29 
assistance or other forms of just reparation 
30 
SEC. II Return, roml IntegratIOn or Resettlement Elsewhere. -
Competent 
31 
authorities, such as the military and law enforcement agencies conducting operations, the 
32 
DSWD, the DOH, the local government hospitals, the LGUs concerned and other appropriate 
33 
government agencies, shall have the primary duty and responsibility to establish conditions 
11 


1 
and provide means for lOPs to return voluntarily, in safety and with dignity, to their homes or 
2 
places of habitual residence, or to resettle voluntarily in places of refuge andlor in another 
3 
part of the country, taking into consideration the right ofIDPs to choose a residence. 
4 
Said authorities, including the CHR, shall likewise ensure prior consultations and the 
5 
full participation of IDPs during and after the planning and management of their return, local 
6 
integration or resettlement elsewhere. 
7 
SEC. 12 /i!fechamsl11s jor Illtemal/(J/la! UUI11CtllltClnClIl Assistallce -
International 
8 
humanitarian organizations, their local counterpat1S and other appropriate actors shall have 
9 
the right to offer their services, including humanitarian assistance, in support oflhe internally 
10 
displaced These acts shall be considered done in good faith and not as unfriendly acts or 
11 
interference in the internal affairs of the government. Consent thereto shall not be arbitrarily 
12 
withheld, pat1icularly when authorities concerned are unable or unwilling to provide the 
13 
required humanitarian assistance 
14 
When providing assistance to IDPs, said organizations shall respect relevant domestic 
15 
laws, international standards and codes of conduct They shall give due regard to the 
16 
protection of the needs and human rights of the IDPs. 
17 
The importation and donation of food, clothing, medicine and equipment necessary 
18 
for relief and assistance of IDPs are hereby authorized in accordance with Section 105 of the 
19 
Tariff and Customs Code of the Philippines, as amended, as regards national internal revenue 
20 
taxes and impOli duties of national and local government agencies, and the prevailing 
Z1 
provisions of the General Appropriations Act (OAA). 
22 
SEC. 13. Penaities. - a The penalty of reclusion temporal in its minimum to medium 
23 
period shall be imposed upon any person or group of persons who commit the following: 
24 
1) 
Those who directly commit the act of arbitrary internal displacement; 
25 
2) 
Those who directly force, instigate, encourage, induce or incite others to 
26 
commit the act of arbitrary internal displacement; 
27 
3) 
Those who cooperate in the act of arbitrary internal displacement by 
28 
committing another act, without which the act of arbitrary internal displacement would not 
29 
have been carried out; 
30 
4) 
Those who cooperated in the execution of the act of arbitrary internal 
31 
displacement by previous or simultaneous acts, and 
32 
5) 
Those commanding officers of the military, police or other law enforcement 
33 
agencies or other authorities, for acts of arbitrary internal displacement committed by forces 
12 


1 
under their effective command and control, or effective authority and control as the case may 
2 
be, as a result of their failure to exercise proper control over such forces, where the 
3 
commanding officers or authorities knew or, owing to the circumstances at the time, should 
4 
have known that the forces were committing or about to commit such crimes, and failed to 
5 
take all necessary and reasonable means within their power to prevent or repress their 
6 
commISSIon, or to submit the matter to competent authorities for investigation and 
7 
prosecution. 
8 
6) 
In case the acts of arbitrary internal displacement are committed by a 
9 
corporation or a juridical entity, the members of the Board of Directors who were present in 
10 
the meeting and who actually voted for the approval of the resolution or order directing the 
11 
commission of arbitrary internal displacement, and the corporate officers or agents who 
12 
carried out such resolution or order of the corporation shall each be criminally liable 
13 
b. 
The penalty of prislOn mayor in its minimum period shall be imposed upon 
14 
those who attempt to commit the offense of arbitrary internal displacement. 
15 
c. 
The penalty of prision mayor in its minimum period shall be imposed upon 
16 
persons who, having knowledge of the act of arbitrary internal displacement and without 
17 
having participated therein, either as principals or accomplices, took part subsequent to its 
18 
commission by any of the following acts: 
19 
1) 
By themselves profiting from or assisting the offender to profit from the 
20 
effects of the act of arbitrary internal displacement; 
21 
2) 
By concealing the act of arbitrary internal displacement and/or destroying the 
22 
effects or instruments thereof, in order to prevent its discovery; and 
23 
3) 
By harboring, concealing or assisting in the escape of the principal/s in the act 
24 
of arbitrary internal displacement: 
25 
d. 
The courts shall impose the corresponding accessory penalties under the 
26 
Revised Penal Code, especially where the offender is a public officer 
27 
SEC. 14. Applicability (!f the Revised Penal Code and Special Penal Laws - The 
28 
provisions of the Revised Penal Code and other relevant special penal laws, insofar as they 
29 
are applicable, shall be suppletory to this Act. 
30 
SEC. 15 Non-prescription - The crimes defined and penalized under this Act, their 
31 
prosecution, and the execution of sentences imposed on their account, shall not be subject to 
32 
any prescription. 
13 


1 
SEC. 16 JlIl'!.ldiclioll «f the ('0111'11 - The proper and competent civilian courts shall 
2 
have jurisdiction over the offense of arbitrary internal displacement as defined and penalized 
3 
in this Act. 
4 
SEC. 17. Damage, - A court of competent jurisdiction shall determine the damages 
5 
inflicted against lDPs and direct the persons responsible for arbitrary internal displacement to 
6 
award monetary compensation under the following circumstances. 
7 
a 
Where death of an individual victim occurs, the amount of one hundred 
8 
thousand pesos (Php 100,000.00) shall be granted to the legal heirs of the victim as a death 
9 
benefit; 
10 
b. 
Where physical, emotional and/or psychological injury is caused to an 
11 
individual victim, actual and compensatory damages, including moral, nominal, exemplary 
12 
and temperate damages resulting from such injury, shall be paid to the victim. Upon a finding 
13 
of such injury and distinct trom the compensation for actual, compensatory, moral, nominal 
14 
and/or temperate damages, such determination shall also include a referral to the DOH and 
15 
DSWD for appropriate interventions or services, to include psycho-social intervention and 
16 
rehabilitation; and 
17 
c. 
Where loss of or damage to property of an individual victim occurs, the 
18 
amount corresponding to the fair market value of the property lost or destroyed or the amount 
19 
mutually agreed upon by the parties involved, whichever is higher, shall be paid to the victim. 
20 
Cases for damages filed under this Act shall be considered as an independent civil 
21 
action and summary in nature The Supreme Coun shall promulgate the necessary rules and 
22 
regulations to govern the procedure for cases filed in this manner 
23 
SEC 18. Civi//,tabilities. - Any public officer or employee, or any private person, 
24 
who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs 
25 
any of the rights and liberties of another person enunciated in this Act shall be liable to the 
26 
latter for damages. 
27 
SEC 19 FlI1anciaf ASSistance to IDPs - Whenever human rights violations are 
28 
caused to the IDPs as incidents or consequences of arbitrary internal displacement, the 
29 
necessary financial assistance for their reparation, return, local integration or resettlement 
30 
elsewhere shall be provided 
31 
The CRR shall enhance its existing financial assistance program to include financial 
32 
assistance for the purpose of facilitating the reparation, return, local integration or re 
14 


1 
settlement elsewhere ofIDPs. Prol'lded.. That in no case shall financial assistance exceed ten 
2 
thousand pesos (Php 10,000 00) per person. 
3 
Receipt of such flnancial assistance shall be without prejudice to the amount of 
4 
assistance granted under other government programs, such as the Victims' Compensation 
5 
Program of the Department of Justice (DOJ) by virtue of Republic Act No 7309, the relief 
6 
assistance to lDPs by the DSWD, the DOH, and other similar programs which may be made 
7 
available to the lOPs under existing laws, rules and regulations. 
8 
Sec. 20 NOll-Mol/elmy Reparation - The DOH, the DSWD, the Department of 
9 
Education (DepEd), the Commission on Higher Education (CHED), the Technical Education 
10 
and Skills Development Authority (TESDA) and such other agencies, shall render necessary 
11 
services as non-monetary reparation for IDPs and their families as may be determined, 111 
12 
coordination with the CHR, pursuant to the provisions of this Act. 
13 
SEC 21 Role of Ihe CHR. - The CIIR shall be designated as the institutional focal 
14 
point for IDPs As such, the CHR shall have the following additional fi.1I1ctions· 
15 
a. 
To monitor IDP conditions through the development of a system to track 
16 
concerns, actions taken and other relevant information to ensure that IDP rights are respected, 
17 
protected, and fulfllled in all phases of internal displacement, 
18 
b. 
To conduct public inquiries, document violations of human rights, assist IDPs 
19 
in seeking redress of grievances and work to ensure an effective response by the concerned 
20 
authorities; 
21 
c. 
To investigate, on its own or on complaint by any party, all forms of human 
22 
rights violations against IDPs involving civil and political rights, in accordance with Section 
23 
18(1) of Article XIII of the Constitution, and when found in the investigation that the filing of 
24 
a case in court is warranted, request the assistance of any department, bureau, office or 
25 
agency, such as the National Prosecution Service of the DO} or the Ombudsman, by virtue of 
26 
Executive Order No 163, series of 1987; 
27 
d. 
To render linancial assistance at its sole discretion, as well as psycho-social 
28 
interventions and similar services to IDPs, and to issue necessary guidelines to implement the 
29 
same; 
30 
e 
To recommend to the other agencies of government, taking into consideration 
31 
their respective mandates and lunctions, the grant of assistance to TDPs, as may be 
32 
appropriate; 
15 


1 
f 
To cite any person in contempt for violations of the orders issued by them in 
2 
accordance with the Rules of Court, 
3 
g 
To follow up on early warning and ensure effective measures to protect the 
4 
civilian populatIon against arbitrary internal displacement, 
5 
h 
To advise the government on the rights of lDPs, formulate sound national 
6 
policy and legislation and to facilitate discussions to effectively address situations of internal 
7 
displacement, 
8 
To undel1ake educational activities and training programs for State authorities, 
9 
including the AFT>, 
10 
j. 
To hold public information drives on the protection and rights of IDPs, and 
11 
foster their participation in the decision-making process regarding issues that concern them; 
12 
and 
13 
k. 
To carry out such other acts that may be necessary to fully implement the 
14 
purposes of this Act. 
15 
SEC. 22. Jomt Congressional Oversight COnJl1l1t1ee. -
A Joint Congressional 
16 
Oversight Committee is hereby created, composed of the Chairperson of the Senate 
17 
Committee on Justice and Human Rights and seven (7) other Senators designated by the 
18 
Senate President, and the Chairperson of the House Committee on Human Rights and seven 
19 
(7) other Members of the I-louse of Representatives, designated by the Speaker of the House 
20 
of Representatives' Provided, That of the seven (7) Members to be designated by each House 
21 
of Congress, four (4) shall represent the Majority and three (3) shall represent the Minority. 
22 
The Joint Congressional Oversight Committee shall also have the power to inquire 
23 
into, summon and investigate the Orders of Battle as defined under this Act, and/or any 
24 
document of similar nature, as well as the legal and factual justifications for the inclusion of 
25 
specific persons and groups in said Orders of Battle or similar documents. In this regard, the 
26 
Joint Congressional Oversight Committee may issue mandatory process directing the 
27 
transmission of all such documents relevant and necessary for the Committee to determine 
28 
the validity of the inclusion of specific persons or groups in the Orders of Battle or similar 
29 
documents For this purpose, the highest ranking officers or heads of offices shall be charged 
30 
with testifying before the Joint Congressional Oversight Committee in relation to any 
31 
inquiries on the Orders of Battle or similar documents. 
32 
The invocation of national security as a defense may not prevent the Joint 
33 
Congressional Oversight Committee from inquiring into the factual and/or legal bases for the 
16 


1 
existence of an Order of Battle, or any similar document, or the inclusion of specific persons 
2 
or groups in said Orders of Battle or similar documents Should there be a need to inquire into 
3 
the factual basis for the invocation of national security, the Committee shall convene in an 
4 
executive session and hear the officials invoking it Should the basis not be satisfactory to the 
5 
Committee, the public hearing/s will continue and appropriate recommendations shall 
6 
thereafter be made by the Committee. 
7 
SEC 23 Mom/orinx (if Compliance. - An inter-agency coordinating committee shall 
8 
be tasked to periodically monitor the compliance with this Act 
The Committee shall be 
9 
headed by the Chairperson of the CI-IR Members of the group shall be composed of: 
10 
a 
A representative, with the rank of Undersecretary, from the Department of 
11 
Social Welfare and Development, 
12 
b. 
A representative, with the rank of Undersecretary, from the Department of 
13 
National Defense; 
14 
c 
A representative, with the rank of Undersecretary, from the Department of 
15 
Interior and Local Government; 
d. 
16 
A representative, with the rank of Undersecretary, from the Department of 
17 
Health; 
e. 
A representative, with the rank of Undersecretary, from the Department of 
Justice; 
f 
21 
Reduction and Management Coordinating Council; 
22 
23 
g. 
h. 
A representative from the National Commission on Indigenous Peoples; 
A representative of human rights non-governmental organizations (NGOs) and 
24 
other human rights groups, nominated by a selection board composed of human rights groups 
25 
and NGOs; 
26 
1. 
The Chairperson of the Committee on Justice and Human Rights of the 
27 
Senate; 
28 
J. 
The Chairperson of the Committee on Human Rights of the House of 
29 
Representatives, and 
30 
k 
The Chairperson of the Committee on Justice of the House of Representatives. 
31 
The Committee shall work towards the collection of data on the number and 
32 
conditions of IDPs, leading to a registry that will aid the government in efficient planning and 
33 
policy making regarding issues affecting IDPs 
17 


• 
1 
The Committee shall likewise prioritize the release of immediate financial assistance, 
2 
allotted by its component agencies, to those afTected by arbitrary internal displacement 
3 
The Committee shall submit an annual report to the Joint Congressional Oversight 
4 
Committee herein created, thirty (30) days alter the end of each fiscal year 
Such annual 
5 
report shall be the basis for proposed amendments to existing legislation to improve the 
6 
conditions of internally displaced persons 
7 
SEC 24. ApproprIations. - The amount necessary for the initial implementation of 
8 
this Act shall be charged against the current year's appropriations of the CRR, the DSWD, 
9 
the DOH, the Department of National Defense (DND) and the Department of the Interior and 
10 
Local Government (DILG) Thereafter, such sums as may be necessary for the continued 
11 
implementation of this Act shall be included in the GAA. 
12 
SEC. 25. implementing Rules alld Reg1llatlOns. - Within sixty (60) days from the 
13 
effectivity of this Act, the CBR shall issue the necessary tules and regulations for its 
14 
implementation. 
15 
In the formulation of the tules and regulations, the CRR shall take the lead and 
16 
coordinate with DSWD, DND, DILG, DOH, DOJ, Department of Environment and Natural 
17 
Resources (DENR), AFP, Philippine National Police (PNP), Philippine Commission on 
18 
Women (PCW), Council for the Welfare of Children (CWC), National Commission on 
19 
Indigenous Peoples (NCIP), National Commission On Disability Affairs (NCDA), 
20 
Presidential Commission on Urban Poor (PCUP), Housing and Urban Development 
21 
Coordinating Council (HUDCC), National Disaster Risk Reduction and Management Council 
22 
(NDRRMC), National Housing Authority (NHA) and consult with the LGUs concerned, 
23 
human rights non-governmental organizations and people's organizations. 
24 
SEC. 26. Separability Clause. - If any part or provision of this Act shall be declared 
25 
unconstitutional or invalid, the other provisions hereof which are not affected thereby shall 
26 
remain in fhll force and effect 
27 
SEC. 27. Repealing Clause. - All laws, decrees, executive orders, memoranduin 
28 
orders, memorandum circulars, administrative orders, ordinances or parts thereof which are 
29 
inconsistent with the provisions of this Act are hereby deemed repealed or modified 
30 
accordingl y 
31 
SEC. 28. Iiffectlvity - This Act shall take effect fifteen (J 5) days after its publication 
32 
in the Official Gazette or in a newspaper of national circulation 
Approved, 
18