REPUBLIC OF THE PHILIPPINES A? RECEIVE D A

HOUSE OF REPRESENTATIVES. MUL-01
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

House Bill No. $82

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

EXPLANATORY NOTE

The 1987 Constitution envisaged the Commission on Human Rights (CHR) to exist as an
“independent office". This is indeed necessary if the Commission is to ensure that the State
performs its duty to respect, protect and uphold the rights of our people.

However, the Commission is usually unable to address the protection of human rights due to
its failure to prosecute reported cases of human rights violations. This can be attributed to the
fact that it is tied up by existing law that provides the CHR only investigative and advocacy
powers.

Recognizing the need for an effective and speedy resolution of all human rights cases filed
with the CHR, this bill seeks to strengthen the Commission by providing an effective and
expanded structural and functional organization to meet the demands of human rights cases
here and abroad. It is hoped that the Commission will be able to efficiently respond to the
victims of human rights violations and the general public through providing it with
prosecutorial powers over delineated forms of human rights violations.

In view of the foregoing, immediate approval of this measure is earnestly requested.

HAN III
Representati
Magdalo Para sa Pilipino Party-List



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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Session

House Bill No. 882

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
STRENGTHENING THE FUNCTIONAL AND STRUCTURAL ORGANIZATION
OF THE COMMISSION ON HUMAN RIGHTS, AND FOR OTHER PURPOSES

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

ppines in

SECTION 1. Title. - This Act shall be known as the "Commission on Human Rights
Charter".

SEC. 2. State Policy on Human Rights. - The State values the dignity of every
human person and guarantees full respect for human rights. It shall give highest priority to the
enactment of measures that protect and enhance the right of all the people to human dignity
a~ all stages of human life.

SEC. 3. Definition of Terms. - For purposes of this Act, human rights shall include
those rights found in Article III of the Constitution and those affirmed and recognized by the
State in the following international covenants: the Universal Declaration of Human Rights
(1948); the International Covenant on Civil and Political Rights (1976); and the International
Covenant on Economic, Social and Cultural Rights (1976), and any other intemational

treaties on human rights to which the Philippines is a signatory.

1. THE COMMISSION ON HUMAN RIGHTS
A. Nature of the Commission

SEC. 4. The Commission as an Independent Office and as the National Human
Rights Institution of the Philippines. - The Commission on Human Rights is an independent

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constitutional office and is the national human rights institution of the Philippines in
accordance with the Principles Relating to the Status of National Institutions ("The Paris
Principles") and other United Nations' Resolutions and Instruments pertaining to the effective
functioning of national human rights institutions.

SEC. 5. Fiscal Autonomy. - The Commission shall always enjoy full fiscal autonomy
equivalent to that of the Constitutional Commissions under Art. IX of the 1987 Constitution.
The approved annual appropriations of the Commission shall be automatically and regularly

released.

B. The Chairperson and Commissioners

SEC. 6. The Commission, Composition and Qualifications, - The Commission on
Human Rights, also referred to as the Commission in this Act, is a collegial body and shall be
composed of a Chairperson and four (4) Commissioners who shall possess the
following qualifications:

) Must be natural-born citizens of the Philippines;

b) Must be at least thirty five (35) years of age at the time of their appointment, who
are human rights advocates of known probity, competence and integrity;

©) Majority of whom, including the Chairperson, must be members of the Philippine
Bar who have been engaged in the practice of law for at least five (5) years;

4) Must have an understanding of human rights protection, promotion and advocacy;

e) Must not have been candidates, including party-list nominees, for any elective
position in any national or local elections, immediately preceding their appointment.

SEC. 7. Appointment and Term of Office. - The Chairperson and Commissioners
shall be appointed by the President for a term of seven (7) years without re-appointment. Of
those first appointed under this Act, the Chairperson shall hold office for seven (7)
years, two (2) Commissioners for five (5) years and the other two (2) Commissioners for

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three (3) years, all without reappointment. In no case shall any commissioner be appointed,
re-appointed or designated in a temporary or acting capacity.

The term of the Chairperson and Commissioners of the Commission shall start on the day
immediately after the end of the previous term, regardless of the date of appointment.
Appointment to any vacancy occurring during the term shall be only for the remaining

portion of said term.

SEC. 8. Prohibition and Disqualification. - The Chairperson and Commissioners 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 and its subdivisions, agencies or instrumentalities,
including government-owned or controlled corporations or their subsidiaries. They shall
avoid conflict of interest in the conduct of their office. They shall not be allowed to appear or
practice before the Commission for two years following their cessation from office.

No spouse or relative by consanguinity or affinity within the fourth civil degree and
no law, business or professional partner or associate of the Chairperson or Commissioners
may appear as counsellor agent on any matter pending before the Commission or transact
business directly or indirectly therewith. This disqualification shall apply during the tenure of
the official concerned and one year thereafter.

SEC. 9. Disclosure of Relationship. - It shall be the duty of the Chairperson and
Commissioners to make under oath to the best of their knowledge and information a written
public disclosure of the identities of, and their relationship with the persons referred to in the
preceding section. The disclosure shall be filed with the Office of the Ombudsman before the
TI appointee assumes office and every annual anniversary of the date of assumption of office
thereafter. The disclosures made pursuant to this Section shall form part of the public records

and shall be made available and accessible to the public.


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SEC. 10. Salary, Retirement, Benefits and Other Privileges of the Chairperson and
Commissioners.- The Chairperson and Commissioners of the Commission shall receive the
same salary, privileges and benefits as the Chairperson and Members of the
Constitutional Commissions which shall not be decreased during their term of office.
Likewise, they shall receive the same retirement benefits to those of the Constitutional

Commissions as provided by law.

SEC. 11. Removal from Office. - The Chairperson and Commissioners of the
Commission may be removed from office on any of the following grounds:

(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;

(©) Bribery and graft and corruption, other high crimes, or betrayal of public trust;

(d) Dishonesty, misconduct in office, gross negligence, or dereliction of duty;

(©) Commission of any offense involving moral turpitude or an offense punishable by
prision mayor;

(f) Abuse of authority; and

(g) Such other grounds as may be provided by law.

The proceedings for removal shall be initiated by filing a verified complaint with the
Court of Appeals stating the grounds therefor and alleging the ultimate facts upon which the
complaint is based.

The Court of Appeals shall act on the complaint and conduct the necessary
investigation and hearing. Thereafter, the Court of Appeals shall dismiss the complaint or
declare the removal from office of the Chairperson or Commissioner of the Commission
within ninety (90) days from the date of filing of the complaint. Failure to resolve the
complaint within said period shall result in its automatic dismissal.

In deciding upon a complaint for removal from office, the Court of Appeals shall not
impose any lesser penalty or disciplinary action such as suspension, censure, or reprimand
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Any decision of removal from office shall be automatically stayed by the filing of a

petition for review on certiorari with the Supreme Court.
C. Nomination of Chairperson and Commissioners
SEC. 12. Nominations Committee. - The President shall choose and appoint the
Chairperson and Commissioners of the Commission from a list of three (3) nominees
per position selected by a Nominations Committee to be composed of the following

members:

a)

The Chairperson of the Commission on Human Rights or if vacant, any
Commissioner as designated by the Commission En Banc;

b)

The Chairperson of the Senate Committee on Justice and Human Rights;

°)

The Chairperson of the House of Representatives' Committee on Human Rights; and

d

Four (4) members selected by the Commission from any of the following duly
accredited entities, sectors or groups: human rights non-government organizations
(NGOs), people's organizations, lawyers’ and/or paralegal groups, indigenous
peoples, the academe, woman, child and family rights groups.

SEC. 13. Selection of Nominees. - The members of the Nominations Committee shall
each have one vote. They shall meet not later than thirty (30) days before the end of a current
term or within seven (7) days after the occurrence of a vacancy during a term. They shall
submit to the President their list of nominees thirty (30) days before the end of said term or
thirty (30) days after said vacancy. The President shall make the appointment within thirty
(30) days after the submission of the list of nominees by the Nominations Committee.

The Commission shall provide secretariat support to the Nominations Committee. It shall
make all proceedings of the Nominations Committee open and accessible to the public.
Vacancies as well as the list of nominees shall be published in a newspaper of general

circulation. The Nominations Committee shall adopt its own rules of procedure.


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SEC. 14. Pluralist Representation. - In the selection of nominees for Chairperson and
Commissioners of the Commission, the Nominations Committee shall take into consideration

pluralist representation of Philippine society in the promotion and protection of human rights.

SEC. 15. Non-Government and People's Organization Representatives to the
Nominations Committee, - The duly accredited human rights non-government organizations
(NGOs), people's organizations (PO's), lawyers’ and/or paralegal groups, representatives from
indigenous peoples, representatives from the academe, as well as woman, child and family
rights groups shall from among themselves choose the four (4) representatives to the
Nominations Committee in a meeting attended by an authorized representative of the
Commission. In the absence of a selection procedure agreed upon by said organizations,
the Commission shall promulgate the rules of procedure to govern the selection of the four

(4) representatives by the accredited organizations.

Il. POWERS AND FUNCTIONS
A. General Powers and Functions

SEC. 16. General Powers and Functions of the Commission. - The Commission on Human
Rights shall have the following general powers and functions:

a) Investigate, on its own or on complaint by any party, all forms of human rights

violations;

b)

Adopt its operational guidelines and rules of procedure and cite for direct and
indirect contempt for violations thereof or its lawful orders in accordance with the
Rules of Court;

°)

Provide appropriate legal and preventive measures for the protection of human rights
of all persons within the Philippines, as well as Filipinos residing abroad;

rc)

Provide legal aid services to the underprivileged whose human rights have been
determined by the Commission to have been violated or in of need protection to

prevent a violation thereof,


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e) Exercise unhampered and unrestrained visitorial powers over jails, prisons, camps,

detention facilities, safe houses and similar premises, provided, prior coordination is

done with the agencies of government concerned;

f) Establish a continuing program of research, education and _ information
dissemination to promote respect for the primacy of human life and dignity, and the
protection of human rights;

g) Recommend to Congress effective measures to promote human rights and to provide

for compensation to victims of violations of human rights, or their families;

h)

Monitor the Philippine government's compliance with international _ treaty
obligations on human rights;

i) Grant immunity from prosecution to any person whose testimony or possession of
documents or other evidence is necessary to determine the truth in any

investigation or prosecution conducted by it or under its authority;

j) Request the assistance of any department, bureau, office or agency in the performance
of its functions;

k)

Deputize government prosecutors or private lawyers, who shall be under the direct
control and supervision of the Commission, for the prosecution of human rights cases
under Section hereof;

1) Accredit national non-government and people's organizations involved in human
rights promotion, protection and advocacy, including those for purposes of visiting
persons arrested, detained or under custodial investigation;

m) Ensure that the status, rights and interests of children and of the family are
upheld in accordance with the Constitution, laws and duly ratified instruments on
human rights;


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n)

Create, establish, organize, re-structure, compress, and otherwise manage such offices
and centers the Commission deems necessary and appropriate for expeditious
and effective fulfilment of its mandate, including a central office, regional, sub-
regional, and provincial offices for specific thematic and functional matters;

°)

Appoint its officers and employees in accordance with law; and

p) Perform such other duties and functions as may be provided by law.

B. Investigation

SEC. 17. Investigative Powers and Functions. - The Commission shall exercise
primary and original jurisdiction to investigate, on complaint or motuproprio, cases of human
rights violations to include civil, political, economic, social and cultural rights. In the exercise
of its investigative function, the Commission shall have the following powers:

a) Act promptly on complaints filed in any form or manner by any person; and
upon finding of human rights violation, recommend the filing of appropriate
administrative, civil and/or criminal action(s). Any investigation being
conducted by any other body shall not be a bar to the investigation of
the Commission;

b) — Compel the attendance of witnesses and the production of evidence,
administer oaths, issue subpoenas and take testimony in any investigation or
inquiry;

) Issue orders and directives constituting preventive and legal measures,
provided for under Sections 20 and 21 of this Act, respectively;

4) Provide protection and extend financial assistance to witnesses to ensure their
attendance in investigations and production of evidence;


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e) Delegate to its deputies, investigators or representatives, such authority or duty

to ensure the effective exercise or performance of its investigative function;

f) Request and require the assistance and cooperation of any officer or
employee of any department, bureau or office, subdivision, agency or
instrumentality of the Government, including government-owned or

controlled corporations and local governments;

g) _ Deputize lawyers or legal aid groups, medical organizations, as well as
government agencies and offices, to provide assistance in the exercise of its

investigative functions;

hy) Make the results and findings of its investigations available and accessible to

the public; and

i) Cite in contempt any person for failure to comply with a lawful order of the
Commission issued in the exercise of its investigative and prosecutorial
functions. In this regard, the 1997 Revised Rules of Procedure shall apply
suppletorily.

SEC. 18 Imprescriptibility of Human Rights Violations. - The investigation of
human rights violations shall not be subject to any statute of limitations or prescriptive
period.

SEC. 19. Scope of Preventive Measures. - The preventive measures under Article
‘XIII, Sec. 18 (3) of the Constitution that may be issued by the Commission in the
investigation of cases involving all forms of human rights violations shall include the

following:

a) __ Issuance of injunctive relief directing any member of the government's military or
police forces, as well as public officials or employees, or any person acting under
their control and supervision, to immediately desist from hiding, transferring,
torturing or abusing a detainee and to allow access to said detainee by the


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b)

Commission, his/her counsel, physician, psychologist, 8 priest, pastor, rabbi,
imam or any spiritual adviser and relatives;

Order compelling the government official or employee, or any person in control
of the premises of any government agency or office, specifically police and
military detention facilities, secret detention places, stations, installations, camps,
bases, and training schools, as well as private land and property, to permit the
inspection of said premises;

°)

Order to transfer persons deprived of their liberty and in danger of reprisal or
retaliation due to the filing of a complaint in connection with his/her detention, in
order to secure safety of his/her person;

4) Restraining order prohibiting respondent, any unites, personnel or persons under
his/her immediate supervision from entering the immediate vicinity of the affected
area or residence of any person whose human rights are being violated or are in
danger of violation and from searching the victim or his belongings; and

©) Injunction ordering respondent to refrain from committing any and all acts that

would tend to cause irreparable harm and have the immediate effect of rendering
the investigation of the Commission moot and academic.

SEC. 20. Scope of Legal Measures. - The legal measures under Article XIII, Sec. 18

(3) of the Constitution that may be provided by the Commission shall include the following:

a) Mandatory protection orders (MPO's) directing government security forces,
other government agencies, or private institutions to provide specific
protection to victims of human rights violations;

b) Orders deputizing government offices and private institutions and
organizations for the purpose of providing protection;

©) Orders deputizing government and private lawyers as counsels de officio to
ensure that the human rights of the victim are not further violated; and

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4) Any order the purpose of which is analogous to any of the foregoing.

SEC. 21. Grant of Immunity. — The commission may grant immunity from
prosecution to any person whose possession and production of documents or other evidence
may be necessary to determine the truth in any hearing, inquiry or proceeding under such
terms and conditions as it may determine taking into account the pertinent provisions of the
Rules of Court and its own rules. The immunity shall only be granted after a determination of
the relevance, veracity and authenticity of the evidence sought to be presented by the
Commission. The immunity granted shall be revoked on account of evidence presented to be
true but which is, in fact, false and spurious and without which the Commission would not
have granted immunity.

SEC. 22. Preventive Suspension. - With the exception of Members of Congress, the
Judiciary, and impeachable officials, the Commission may preventively suspend any officer
or employee including but not limited to, elective or appointive public officers or
employees, including Members of the Cabinet, local government, government owned or
controlled corporations and their subsidiaries, pending an investigation, provided it
determines that (a) the II evidence of guilt is strong; (b) the charges would warrant removal
from the service; and (c) the respondent's continued stay in office may prejudice the case
filed against him/her.

The preventive suspension shall be immediately executory, unless restrained by the
Court of Appeals or the Supreme Court and shall continue until the case is terminated
by the Commission; Provided, That said suspension shall not be more than sixty (60) days
without pay, except when the delay in the disposition of the case by the Commission is due to
the fault, negligence or petition of the respondent, in which case the period of such delay
shall not be counted in computing the period of suspension herein provided.

The respondent official or employee preventively suspended from office shall receive
no salary or compensation during such suspension, However, upon subsequent exoneration
and reinstatement, he shall be paid full salary or compensation including such emoluments,

benefits and privileges accruing during such suspension.

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In the case of a suspended elective official, upon expiration of the period of
preventive suspension, he shall be deemed reinstated in office without prejudice to the
continuation of the proceedings against him which shall be terminated within one hundred
twenty (120) days from the date the official was formally notified of the case.

The respondent officer or employee shall be accorded full opportunity to appear and
defend himself in person or by counsel, to confront and cross-examine the witnesses against
him, and to require the attendance of witnesses and the production of documentary evidence
in his favour through the compulsory process of subpoena ad testificandum or subpoena

duces tecum.

SEC. 23. Referral to Disciplining Authority. - The Commission may endorse and/or
recommend to the proper authorities the filing of the appropriate sanction or disciplinary
action against a public officer or employee found guilty of committing violations of human
rights and recommend his removal, suspension, demotion, censure, imposition of fine, or
prosecution and to ensure compliance by requiring the officer concerned to report on his
action within thirty (30) days from receipt of the recommendation and/or endorsement of the
Commission. The failure of the appropriate authority to act or comply with said
recommendation or endorsement shall constitute a ground for an application of the issuance
of a writ of mandamus by the Commission. For this purpose, every case on which the
Commission has rendered a resolution or recommendation adverse to a public official shall
be transmitted to the head of the department, agency or instrumentality, or of the province,

city or municipality concerned for immediate action, as may be necessary.

SEC. 24. Motu Proprio Dismissal. - The Commission may dismiss, motuproprio, a
complaint for the investigation of human rights violations on any of the following grounds:

a) The complaint pertains to a matter outside of the jurisdiction of the Commission;
b) The complaint is trivial, frivolous, vexatious or made in bad faith; or
c) Other valid grounds as may be determined by the Commission.

SEC. 25. Investigation by Regional Offices. - The proper regional office of the
Commission shall investigate complaints falling within its territorial jurisdiction unless
the Commission en banc, in its discretion, takes direct cognizance of the same, Upon

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recommendation of the regional office in investigations pending before it, the Commission en
bane may issue legal and preventive measures and preventive suspension orders which
are immediately executory. Within ten (10) days after concluding the investigation, the
regional office shall render the appropriate order, directive or resolution subject to
appeal to the Commission en banc pursuant to its rules.

C. Prosecution

SEC. 26. Concurrent Limited Prosecutor/al Powers and Functions. - The
Commission shall exercise concurrent prosecutorial powers and functions as herein provided.

In the event of the failure of the Department of Justice or Office of the Ombudsman to
initiate a preliminary investigation within twenty (20) days from its receipt of the case
recommended for prosecution by the Commission, the inaction shall be considered as
an automatic endorsement of the matter to the Commission without any further act or notice
by the Department of Justice or Office of the Ombudsman for purposes of preliminary
investigation. Thereafter, the Commission shall conduct the preliminary investigation and
upon a finding of probable cause, issue a resolution for the filing of the appropriate

information and prosecution of.

For this purpose, the Commission shall have the power to deputize, government
prosecutors or private lawyers to prosecute the criminal offences that have been the subject of
its preliminary investigation. The prosecution shall remain under the Commission's direct

control and supervision.

This section shall apply only to the following cases:

a) When committed by State Actors - in cases where the offender is a public officer as
defined under Article 203 of Republic Act No. 3815, otherwise known as the Revised
Penal Code as amended, and acting in his capacity as such, or any person acting on
behalf or under the immediate control of the State and its agents, and where the
human rights violation constitutes a criminal offense under the Revised Penal Code

and special laws, as follows:

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1) Use of physical, psychological and degrading punishment, torture, force,
violence, threats, and intimidation;

2) Extra-judicial killings, summary executions, and "massacres" or mass
killings;

3

Violations of the right to be secure from unreasonable searches and
seizures, including involuntary or enforced disappearances;
4)

Violations of the rights of persons arrested, detained, or under custodial
investigation, including deprivation of the rights of political detainees;
5

Violations of the right to a speedy, impartial and public trial or disposition
of cases;

6) Hamletting, forced evacuation or eviction, illegal demolition, development
aggression and other violations of the right to travel and to freely choose
‘one's abode and change the same;

7) Violations of the right to peaceably assemble, free association, and to

petition the government for redress of grievances;
8
9)
10) Violations of civil and political rights of persons suspected, detained for,

Violations of the right to worship and the free exercise of a religion;

Violations of the right to privacy;

and/ or accused of the crime of terrorism or conspiracy to commit
terrorism; and

11) Political, religious, racial, ethnic, social or sexual persecution, oppression,
or harassment committed with acts constituting offenses punished under
the Revised Penal Code and special laws.

b) When Committed by Non-State Actors - Non-state actors are persons, other than
public officers, belonging to and acting on behalf or under the immediate control of a
juridical or non- juridical person, whether legitimate or illegitimate, including but not
limited to the following:

1) Armed groups, bandits, warlords and private armies;
2) Criminal organizations and groups; and
3) Multi-national, foreign and domestic corporations, and other business

entities.

4


©) When Committed Against Vulnerable Persons - in the investigation and prosecution
of the following offenses as penalized under the Revised Penal Code and special laws
when committed by any person against any member or group of vulnerable persons,
as defined herein:

1) Involuntary servitude constituting Crimes Against Personal Liberty and

Security under the 38 Revised Penal Code;

2) Crimes penalized under Republic Act No. 7610, or the "Special
Protection of Children Against Abuse, Exploitation and Discrimination
Act";

Crimes penalized as Infanticide and Abortion under the Revised Penal

Code;

Crimes penalized under Republic Act No. 9262, or the "Anti-Violence

Against Women and Their Children Act of 2004"; and

5) Crimes penalized under Republic Act No. 8371 or the "Indigenous Peoples
Rights Act of 1997",

3

4)

Vulnerable persons shall include children, the unborn, women, elderly, persons with
disabilities, migrant workers, indigenous peoples, and ethnic and religious minorities.

D. Monitoring

SEC. 27. Monitoring Powers and Functions. - In the exercise of its mandate to
monitor the Government's compliance with its international human rights treaty
obligations, the Commission shall have the following powers and functions:

a) Require any department, bureau or office, subdivision, agency or instrumentality
of the Government to submit compliance reports on international human rights treaty
and to furnish the Commission copies thereof within thirty (30) days from submission
to the United Nations and other international bodies;

b) Conduct inquiries on the manner of implementation by the Philippine Government of
specific human rights treaty obligations;

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©) Summon any public official to explain on the measures undertaken by his or her
agency in order to comply with the State's international treaty obligations on human

rights;

4d) Enter and inspect the premises of any government agency or office, specifically police
and military stations, installations, camps, bases, and training schools and access
books, records, files, documents or papers located in the above-mentioned office and
facilities;

°)

Study and recommend to the government international human rights treaties or

instruments for its signature, ratification or accession;

f) Make timely and regular submission of independent reports to international human
rights treaty bodies and other international human rights mechanisms;

g) Advise and assist the government on clearly-identified gaps in human rights treaty;

h) Capacitate stakeholders to enable participation in monitoring human rights treaty

compliance by the government;

i) Delegate to its deputies, investigators or representatives, such authority or duty which
shall ensure the effective exercise or performance of its monitoring functions; and

j) Recommend and institutionalize best practices and incentives for human rights

advocates and institutions.

SEC. 28. Other Monitoring Functions. - The Commission shall likewise monitor
observance by non-state actors of human rights obligations arising from agreements entered
into with the government, as well as unilateral declarations and similar undertakings.

SEC. 29. Annual Report. - The Commission shall prepare and make public an annual
report on the findings of its monitoring activities with regard to the state of the Government's
compliance with its intemational human rights treaty obligations. The report shall include,
but not be limited, to the following:

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Identification of systematic patterns of human rights violations using documented
cases;

b)

Analysis of the factors which contribute to the commission of human rights
violations;

©) Assessment of the legal mechanisms of existing institutions in providing adequate

human rights protection;

d) Recommendations for legal, legislative, and institutional reforms for the greater
promotion and protection of human rights; and

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Statistics and data indicating the nature of complaints received, the investigations
conducted and findings made, and the actions taken by the government agencies
concemed on the Commission's recommendations.

E. Education and Advocacy

SEC. 30. Education and Advocacy in Government. - The Commission shall
undertake a program of human rights promotion and advocacy through education and training
to promote and increase respect for the primacy and dignity of human life in all its stages and
the protection of human rights in coordination with the different agencies of the government.
It shall likewise administer a mandatory and continuing human rights education
program for the military, police and other law enforcement agencies, as well as public
school teachers, and shall, for this purpose, draw up the components of the program, accredit
course and training providers, and issue certificates of completion to those who have
successfully completed the program.

SEC. 31. Education and Advocacy in Civil Society. - The Commission shall also

undertake human rights education, advocacy, and information campaign programs among
sectors of civil society, particularly the vulnerable, marginalized and underprivileged
groups. In conducting this program, the Commission shall actively cooperate and coordinate
with human rights non-government organizations, lawyers’ groups, the academe and people's

organizations of the concerned sectors of civil society.

SEC. 32. Research. - The Commission shall undertake a continuing research and
study on select human rights issues for purposes of recommending policy reforms, as well as

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administrative and legislative measures that will also address economic, social and cultural

rights.

SEC. 33. Coverage of Programs. - The Commission shall prescribe the scope and
coverage of education, advocacy, information and training programs on human rights, and
which will be provided for in the implementing rules and regulations of this Act.

F. Other Powers and Functions

SEC. 34. Witness Protection Program. - The Commission shall strengthen its
witness protection program, including the provision of security, shelter, relocation and

livelihood assistance to witnesses and their families.

SEC. 35. Financial Assistance Program. - The Commission shall enhance its
financial assistance program to victims of human rights violations and their families.

SEC. 36. Legal Assistance Program. - The Commission shall implement a legal assistance
program to benefit victims of human rights violations in coordination with human rights
organizations and lawyers’ groups, the Integrated Bar of the Philippines and Philippine law

schools.

SEC. 37. Protection of Filipinos Abroad. - The Commission shall undertake
measures for the protection and promotion of human rights of Filipinos living abroad. It shall
coordinate with Philippine Embassy or Consulate officers as well as private individuals of
known probity and active involvement in human rights work, or foreign-based human
rights and migrant workers’ non-government organizations in countries where the
incidence of human rights violations of Filipinos is widespread and commonplace, including
traditional host’ countries of Overseas Filipino Workers, for purposes of monitoring the status
of human rights of Filipinos living abroad, establishing networks among Filipinos to promote
protection of human rights, reporting cases of violations thereof, facilitating the remedial
measures of victims and coordinating with respective agencies to provide counselling and
financial aid.

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SEC. 38. Creation of Ad Hoc Truth Commissions. - The Commission may
recommend the creation of an ad hoc Truth Commission on matters of transcendental
importance, such as widespread and systematic human rights violations occurring over
prolonged periods of time, or under extraordinarily-repressive conditions, or attended by
a culture of impunity that is instigated, inspired or orchestrated by public officials, in

conspiracy with government security forces or State-sponsored armed groups.

SEC. 39. Issuance of clearances, - The Commission shall issue clearances to
members of the military, police and other law enforcement agencies prior to, and as
requirement for, their promotion or assumption of office. The Commission may also issue
clearances for other purposes such as training, education or study grants abroad upon proper
request of the applicant.

The Commission shall make its own recommendations to the Commission on
Appointments prior to the confirmation of other officials other than those mentioned in the
preceding paragraph, who are being considered for promotion or appointment. This provision
shall also apply to other government officers with salary grade 27 or its equivalent and
higher.

SEC. 40. Appeals; Prohibition against Injunction. - Orders, decisions or findings of
the Commission, including determination of probable cause, shall be appealed to the
Court of Appeals on both questions of fact and law, or on certiorari to the Supreme Court
on pure questions of law. No restraining order or writ of injunction shall be issued
against the Commission in the performance of its powers and functions other than those
issued by the Court of Appeals or the Supreme Court.

SEC. 41. Protection from Harassment Suits; Dismissal. - The Chairperson,
Commissioners, officers and employees of the Commission shall be immune from civil
or criminal prosecution for acts performed in pursuance of their official functions for the
duration of their tenure.

SEC. 42. Obstruction. - Any person who, after due hearing, is found to have wilfully
obstructed or hindered the proper exercise of the powers and functions of the Commission, or
who wilfully misleads or attempts to mislead the Chairperson, Commissioners and the duly

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ated Commission officials and representatives shall be punished for obstruction of

justice by the Commission. In addition, he/she shall be penalized by a fine not exceeding
Twenty Five Thousand Pesos (P25,000.00), at the discretion of the Commission.

TITLE Il. ORGANIZATION AND STRUCTURE

SEC. 43. Commission as a Collegial Body. - The Commission composed of the
Chairperson and four (4) Commissioners, as a collegial body, is responsible for the
promulgation of policies, decisions, orders and resolutions necessary for the efficient
administration of the 33 Commission and for proper execution of its constitutional mandate.

In the exercise of its powers and functions, the Commission shall sit and render its
decision en bane. Every such decision, order or resolution of the Commission must bear the
concurrence and signature of at least three (3) Members thereof.

The Commission shall meet regularly once a week, or as the Commission may direct,
or upon call by the Chairperson. A majority of the members, at least three (3), constitutes a
quorum needed in any en bane meeting of the Commission.

SEC. 44. The Chairperson as Executive Officer; Powers and Duties.- The Chairperson
shall be the Chief Executive Officer of the Commission, and shall:

a) Execute and carry out the policies, decisions, orders and resolutions
approved by the Commission;

b) Direct and supervise the operations and internal administration of the
Commission;

) Sign appointments of subordinate officials and employees made by the
Commission and enforce decisions on administrative discipline involving
them;

d) Make temporary assignments, rotate and transfer personnel in accordance with
the provisions of the Civil Service Law and the policies involving them;

e) Submit an annual budget to the Commission for its approval and
submission to the Department of Budget and Management and to the
Congress of the Philippines;

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f) Delegate his/her authority, in whole or in part, to other officials of the
Commission in accordance with Executive Order No. 292, otherwise known as
the Administrative Code of 1987, and rules and regulations of the
Commission; and

8) __ Perform such other functions as may be authorized by the Commission.

SEC. 45. Structural Organization. - The Commission shall have the following. line
offices and operating units:

a) Office of the Chairperson;

b) Office of the Commissioners;

©) Office of the Executive Director;

4) Office of the Commission Secretary;

e) Legal Office;

£) Investigation Office;

g) Human Rights Instruments Compliance And Monitoring Office;

h) Education, Advocacy And Research Office;

i) Information System Management Office;

j) Assistance and Visitorial Office;

k) Forensic Office;

1) Planning And Management Office;

m) Financial Management Office;

1n) General Administrative Office;

©) Sectoral Rights Offices;

p) Public Information Office; and

4q) Regional Offices.

All the above offices will be headed by an officer with a rank, salary and privileges
equivalent to a Director IV, except for the Executive Director and who shall have the rank,
salary and privileges of an Assistant Secretary. All centers will be headed by a Director II.
Each office may have such divisions as are necessary to carry out their respective functions.
‘As an independent constitutional office, the Commission may effect changes in the

organization as the need arises.

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All officers and employees of the Commission, unless otherwise provided herein,
shall 9 receive emoluments and privileges that shall not be less than those given to
comparable positions join any office in the government.

SEC. 46. The Executive Director. - The Executive Director shall be responsible for
managing the day-to-day affairs, activities and operations of the Commission, in accordance
with its policies, standards, rules and regulations adopted and promulgated by the
Commission. In particular, the Executive Director shall:

a) Provide direct supervision, control, coordination and monitoring of all

activities, functions and operations of both the central and regional units of the
Commissioner;

b) Recommend and/or implement administrative and management policies, rules
and standard 19 operating procedures to be established by the Commission;

©) Recommend and initiate programs, projects and policies which promoted
productivity, efficiency and effectiveness in the Commission;

4) Coordinate with different CHR organization units m the information and
reporting requirement of the Commission;

©) Resolve operational issues in accordance with the levels of authority
prescribed by the Commission;

f) Undertake appraisal on issues/problems and policy recommendations
requiring decision/action by the Commission;

g) Conduct necessary representation with different branches and agencies of the
government on vital issues/concerns involving the organization, operations
and programs of the Commission; and

h) Perform such other functions as may be assigned by the Commission En Bane.

The Executive Director shall be appointed by the Commission and shall be a member
of the Philippine Bar with proven integrity and competence, and must have been involved in
human rights promotion and protection activities for seven (7) years. He/she shall have the
rank, salary and privileges of an Assistant Secretary.

SEC. 47. The Commission Secretary. - The Commission Secretary, who shall head

the Commission Secretariat, shall provide executive services to the Commission on its

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regular, special and executive meetings, assistance on policy review and coordination, review

and appraisal of the programs and other project undertakings of the Commission, including

technical support on the formulation of guidelines, directives, mandates and executive

summaries and reports. In addition, the Commission Secretary shall:

a)

b)

°)

d)

8)

8)

h)

Prepare the agenda of meetings of the Commission En Banc and ensure
complete recording of proceedings;

Develop, recommend to the Commission En Banc, and implement an
approved disclosure policy for the Commission on Human Rights of the
Philippines;

Formulate, propose and implement a central records management system for
the Commission En Banc, and act as the custodian of all records on
human rights cases filed with the Commission, including records on
resolutions, rules, policies, regulations and other decisions, II proceedings of
its meetings, and other pertinent records;

Design, propose and implement a central records management system and
provide records management orientation and assistance to the various offices
of the Commission;

Prepare and issue directives to concerned offices, by authority of the
Commission En Banc;

Represent the Commission En Bane in different technical working
committees of the Commission, as may be directed by it;

Respond to queries from the different central and regional offices on matters
pertaining to policies, rules and decisions, as authorized by the Commission
En Bane; and

Perform such other related functions as may be assigned by the Commission
En Banc.

The Commission Secretary, who must be at least a degree holder of Bachelor of Laws
(L.LB,) or Juris Doctor (JD), shall have the rank, salary and privileges of a Director IV.

SEC. 48. Duties and Functions of the Offices of the Commission. - The different
offices of the Commission provided in Section 47 of this Act shall operate in accordance with

their respective duties and functions assigned them by the Commission subject to

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requirements of efficiency, economy and effectiveness, and pertinent budget and civil service

laws, rules and regulations.

SEC. 49. Officers of the Commission. - All officers appointed by the Commission
who possess the rank or position above Division Chief level and officially per forms
managerial and executive functions, must be Career Executive Service (CES) eligible
under the Career Executive Service Board or has equivalent eligibility as the Commission
may establish.

The Commission may propose additional qualification standards to be submitted for
approval to the Department of Budget and Management and for information of the Civil
Service Commission.

SEC 50. Central Offices - The Commission shall establish Central Offices to effect
its functional mandates of investigation, legal advocacy, visitorial education, research
and compliance monitoring, and such other functions necessary for the effective and

efficient performance of its duties.

SEC. 51. Regional Offices. - The Commission shall have seventeen (17) regional
offices, as may be further established by law, with two regional offices for Region IV,
including the National Capital Region (NCR), the Caraga Administrative Region
(CARAGA), Cordillera Administrative Region (CAR) and the Autonomous Region of
‘Muslim Mindanao (ARMM).

Each Regional Office shall be headed by a Regional Human Rights Director with a
rank and salary of Director IV, who must be a member of the Philippine Bar, assisted by an
Assistant Regional Human Rights Director, and such other subordinate officers or employees
as the Commission may appoint. The Assistant Regional Human Rights Director shall carry
the rank and receive the same salary and privileges of a Director III.

The Commission may delegate its powers and functions or order the implementation
orenforcement of its orders, rulings or decisions through the heads of its regional offices

in accordance with its rules and regulations to be promulgated by the Commission.

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SEC 52. Provincial Offices. - The Commission may establish such Provincial Offices
as may be necessary in the provinces falling under the administrative jurisdiction of the
Regional Office. The Provincial Office shall be headed by a Provincial Human Rights Officer
and staffed by such other officers or employees as the Commission may appoint. The
Provincial Human Rights Officer shall carry the rank and receive the same salary and
privileges of a Division Chief.

SEC. 53. Sectoral Rights Offices. - The Commission shall establish offices and
centers to undertake promotion and protection of the rights of vulnerable sectors, to include

but not be limited to women and children, as the Commission may deem appropriate.

SEC. 54, Joint Congressional Oversight Committee. - A Joint Congressional
Oversight Committee is hereby created, composed of the Chairman of the Senate Committee
on Justice and Human Rights and three (3) other Senators designated by the Senate President,
and the Chairman of the House Committee on Human Rights, and three (3) other Members
of the House of Representatives designated by the Speaker of the House of Representatives:
Provided, That, of the three (3) members to be designated by each House of Congress, two
(2) should come from the majority and the remaining Member from the minority.

The Joint Congressional Oversight Committee shall have the power to monitor and
evaluate the implementation of this Act.

SEC. 55. Implementing Rules and Regulations. - The Commission shall, within
sixty (60) days from the approval of this Act, formulate the implementing rules and
regulations in the exercise of its general, investigative, prosecutorial, monitoring, education
and advocacy powers and functions together with the Department of Justice (DON),
Department of National Defense (DND), Department of Interior and Local Government
(DILG), Department of Social Welfare and Development (DSWD), Armed Forces of the
Philippine (AFP), Philippine National Police (PNP) and other concerned agencies of the

Government.

SEC. 56. Operational Guidelines. - The Commission shall also formulate its
operational guidelines which shall include, but not be limited to, the functions and duties of

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the Executive Director, the Commission Secretary and the heads of the line offices, the
implementation and management of its Witness Protection, Financial Assistance and Legal
Aid Programs, and such other matters as may be necessary for the implementation of this
Act.

SEC. 57. Franking Privilege. - All official mail matters and telegrams of the
Commission addressed for delivery within the Philippines shall be received, transmitted and
delivered free of charge; Provided, That such mail matters when addressed to private persons
or non-government offices shall not exceed One Thousand and Twenty (1,020) grams. All
mail matters and telegrams sent through government telegraph facilities containing
complaints to the Commission on Human Rights shall be transmitted free of charge;
Provided, That the telegram shall contain not more than One Hundred and Fifty (150) words.

SEC. 58. Financial Report. - The Commission shall make available to the public its
annual financial statements, including but not limited to, expenditures and sources of funds.

SEC. 59. Transitory Provision. - Nothing in this Act shall prejudice the
positions, emoluments, security of tenure, qualifications, privileges and benefits of the
incumbent Chairperson and Commissioners, officers and employees of the Commission
upon its effectivity. However, officials and employees of the Commission, in aid of its
reorganization upon the effectivity of this Act, may avail of an early retirement program as
may be provided for by the Commission.

SEC. 60. Separability Clause. If any provision of this Act shall be held
unconstitutional, other provisions not affected thereby shall remain valid and binding.

SEC. 61. Repealing Clause. - All laws, republic acts, presidential decrees, letters
of instructions, executive orders, rules and regulations insofar as they are inconsistent with
this Act are hereby repealed or amended, as the case may be.

SEC. 62. Effectivity Clause. - This Act shall take effect fifteen (15) days upon its
publication in the Official Gazatte or in at least two (2) newspapers of general circulation.

Approved,
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