Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 1432

Introduced by Representative LEILA M. DE LIMA

AN ACT
DEFINING EXTRAJUDICIAL KILLING,
PROVIDING FOR ITS PENALTY AND OTHER PURPOSES

EXPLANATORY NOTE

Article Il, Section 11 of the Constitution provides that “[t]he State values the
dignity of every human person and guarantees full respect for human rights.”

The above State policy is underscored by the entry of the Philippines to human
rights treaties, such as the UN Covenant on Civil and Political Rights, and enactment
of laws that integrate promotion and protection of the right to life, and access to
effective remedy as articulated in the Universal Declaration of Human Rights.

When the former President Rodrigo Duterte assumed office in July of 2016 up
to the end of 2018, the Philippine Drug War has already killed more than 5,000 persons,
according to the Philippine Drug Enforcement Agency (PDEA).' According to the
Commission on Human Rights (CHR), the number could be as high as 27,000 owing
to the lack of information being released as well as the reluctance of the victims’
families to come out and speak up due to fear of being exterminated. While the deaths
related to anti-drug operations were initially most rampant in Metro Manila, the
epicenter of the Drug War eventually seemingly moved north towards neighboring
Central Luzon. From the start of December 2017 to February 2019, within the so-called
Double Barrel "Resumption" phase, data shows that Central Luzon cops shot down a
total of 668 drug personalities compared to Metro Manila police's 318 kills.? Even other
regions have not been spared from the carnage. The late, former CHR Chairperson
Jose “Chito” Gascon claimed that Central Visayas ranked fourth in the most number

* Tomacruz, S. (31 December 2018). Duterte gov't tally: ‘Drug war' deaths breach 5,000-mark before
2019, Retrieved from https:/Awww. rappler.com/nation/220013-duterte-government-tally-killed-war-on-
drugs-november-2018,

? Maru, D. (5 December 2018). CHR chief: Drug war deaths could be as high as 27,000, Retrieved
from https://news. abs-cbn..com/focus/12/05/18/chr-chief-drug-war-deaths-could-be-as-high-as-27000.
3 Talabong, R. (24 February 2019). Central Luzon: New killing fields in Duterte’s drug war. Retrieved
from https:/Aww.rappler.com/newsbreak/in-depth/2241159-central-luzon-new-killing-fields-duterte-
drug-war.


of drug-related killings among the regions in the country early in February 2019.4 In
fact, from January to March 2019, at least 59 persons were reportedly killed in 46
separate incidents that include police anti-drug operations in Cebu.® Most of the
victims were slain by motorcycle-riding gunmen, while others were killed in a drug bust.
By the end of Duterte’s term in 2022, police admitted to 6,200 deaths of suspects in
anti-drug operations while the Philippine government officially acknowledged 6,248
deaths.® However, human rights advocates and the International Criminal Court (ICC)
prosecutor estimated about 30,000 killings in relation to Duterte’s anti-drug campaign.’

Tragically, a significant portion of the victims of these killings are those of
innocent men, women, and even children who were either caught in the crossfire or
misidentified as drug personalities. Furthermore, despite the Duterte administration's
relentless efforts and brutal methods to curb its proliferation in the country, none other
than President Duterte himself conceded that the Philippines’ illegal drug trade has
worsened after almost three years since the beginning of the Drug War,® which may
be indicative of the methodology’s overall ineffectiveness.

However, the killings did not stop at suspected drug-personalities. It has also
extended to the murder of peasant farmers and human rights activists as militarization
and counterinsurgency operations now share disturbing characteristics with the drug
war, namely, killing without due process, planting evidence, and a growing climate of
apparent impunity.? Since the assumption of President Ferdinand Marcos, Jr. into the
presidency in June of 2022, the killings have persisted, with then Amnesty
International Philippines director Butch Olano claiming at least 600 killings in the first
19 months of the Marcos, Jr. administration.*°

These incidences of extrajudicial killings (EJKs) are eerily reminiscent of the
country’s situation years ago which prompted the mission to the Philippines of the
former United Nations Special Rapporteur on Extrajudicial Killings, Mr. Philip Alston in
2007. In his report,’’ he noted the systematic and targeted killings of various “civil
society leaders, including human rights defenders, trade unionists, and land reform
advocates, as well as many others on the left of the political spectrum.” The goal then

4 Miasco, M. (8 February 2019). CHR: Drug-related Killings in Central Visayas 4th highest in
Philippines. Retrieved from https:/www_philstar.com/the-freeman/cebu-
news/2019/02/08/1891952/chr-drug-related-killings-centralvisayas-4th-highest-philippines.

5 Mondonedo-Ynot, L. (14 May 2019). Interactive map: Cebu Killings since January 2019. Retrieved
from

https:/Avww. sunstar.com. ph/cebu/local-news/interactive-map-cebu-killings-since-january-2019.

© Reuters (2025). What happened in Philippine drug war that led to Rodrigo Duterte's arrest?
Retrieved from https:/Awww.reuters. com/world/asia-pacific/what-happened-philippine-drug-war-that-
led-dutertes-arrest-2025-03-11/

7 Regencia, T. (11 March 2025). Arrested on ICC warrant: What was Duterte's ‘war on drugs’?
Retrieved from https:/Wwww.aljazeera.com/news/2025/3/1 1/arrested-on-icc-warrant-what-was-
dutertes-war-on-drugs.

® Regalao, E. (27 March 2019). Duterte: Philippines drug situation has worsened. Retrieved from
https:/www.philstar.com/headiines/2019/03/27/1904945/duterte-philippines-drug-situation-has-
worsened.

* Aspinwall, N. (10 June 2019). Duterte turns death squads on political activists. Retrieved from
https://foreignpolicy.com/2019/06/1 O/duterte-tums-death-squads-on-political-activists/

9 Casilao, JL. (24 April 2024). EJKs in PH persisted in 2023, says Amnesty International. Retrieved
from https:/www.gmanetwork.com/news/topstories/nation/9046 1 0/ejks-philippines-amnesty-
internationalistory/.

** United Nations (16 April 2008). Retrieved from https://docs. un.org/en/AHRC/8/3/Add.2.


was to quell political dissent by using the killings as a tool of coercion in order to
maintain peace and order. This appears to be the same goal in the ongoing killings of
non-drug personalities. In the rampant killings of drug offenders, the message
conveyed was that drug personalities have no place in society and thus have to be
exterminated while altogether glossing over the circumstances which led them to
become drug personalities in the first place — namely, rampant poverty and inequality
of opportunity which pervades every layer of Philippine society.

In light of the thousands of deaths, the Filipino as a nation cannot negate that
EJK is a clear and present phenomenon of the times, boldly challenging our
constitutionally protected human right against the taking of life, and a transgression of
due process and the presumption of innocence of criminal suspects. EJK remains a
grave threat in our homes, within Philippine shores, and around the world that
demands only the most certain effort through legislation, for which the passage of this
bill is earnestly sought.

teehee
ILA‘M. DE LIMA


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 1432

Introduced by Representative LEILA M. DE LIMA

AN ACT
DEFINING EXTRAJUDICIAL KILLING,
PROVIDING FOR ITS PENALTY AND OTHER PURPOSES

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

SECTION 1. Short Title — This Act shall be known as "Anti-Extrajudicial
Killing Act of 2025.”

SEC. 2. Declaration of Policy. — It is hereby dectared policy, and legally
binding obligation of the State to uphold and protect the non-derogable human right
to life of all, set forth in various provisions of the Constitution, Article 3 of the
Universal Declaration of Human Rights, and Article 6 of the United Nations Covenant
on Civil and Political Rights and other covenants ratified by the Philippines.

SEC 3. Objectives. —

(a) Define and provide penalty for acts that qualify as extrajudicial killings, to
ensure accountability of state and non-state actors.

(b) Address institutional barriers to efficient, independent, and impartial
investigation of extrajudicial killings (EJKs) through specific measures that will
strengthen agencies of goverment with investigative functions such as the
Commission on Human Rights (CHR), the National Bureau of Investigation
(NBI), and Philippine National Police (PNP).

(c) institutionalize operational intervention guidelines such as but not limited to
arrest, raid, search and seizure, of law enforcement agencies to align with
international human rights standards.


(d) Promote human rights of all, and ensure public awareness on the sanctity of
life, respect for the rule of law and established processes, as well as the
corresponding obligation of the public in the maintenance of public order.

SEC. 4. Definition of Terms. —

(a) Absolute necessity test — refers to the determination of whether or not, in the
apprehension of suspected criminals, the use of force is necessary and if in
the affirmative, whether or not the use of lethal force shall be employed.
Lethal force involves use of firearms, other objects and means that can inflict
death on a person.

(b) Extrajudicial killing (EJK) — refers to the unlawful, and deliberate killing of
targeted individuals or groups thereof, carried out by agents of the State and
under its order or acquiescence in lieu of arrest, investigation, and
prosecution. EJK includes summary killing perpetrated by private individuals
for purposes of carrying out on their own or in the context of vigilantism, a
campaign or policy of the State.

(c) Human rights due diligence — refers to the measures and initiatives
undertaken by the State, and its instrumentalities to prevent arbitrary taking of
life through EJK as well as actions to investigate, punish, and prosecute
individuals who have committed the criminal acts.

(d) Innocent bystanders — refer to persons who are present during a law
enforcement operation but are not participants to or are involved in any
‘ongoing criminal acts or in the said operation.

(e) Inquiry — refers to the process of examination by the CHR, in the exercise of
its function to monitor human rights due diligence of government, including
the private sector.

(f) Non-state actors — refer to those who are not formally part of any agency of
government but commit EJK at the behest or acquiescence of state actors.
These include paramilitary groups, private armed groups, and death squads.

(g) Police intervention — refers to arrest with or without warrant, raid, search,
and seizure.

(h) State actors — refer to members of the national police or armed forces,
including government officials and employees in law enforcement agencies or
the military.


SEC. 5. Special Mandates. —

(a) CHR — It shall have authority to investigate cases of EJK motu propio or on
complaint by an interested party as set forth in its Rules of Procedure. It is
likewise empowered to conduct inquiries on matters that relate to EJKs. For
this purpose and consistent with its constitutional authority, it is empowered
to require services and support of government agencies in the form of
security, shelter, medico-legal, and legal service. The CHR shall, on its own,
subject to availability of resources, provide protection of witnesses, medical
and/or forensic examination, legal counseling, and temporary shelter.

(b) NBI - It shall make its relevant services available to CHR and/or the PNP in
their inquiries or investigation of EJK cases. In carrying out its own
investigations, it shall observe human rights due diligence by adopting or
integrating, in addition to Constitutional restrictions or safeguards, modalities
and standards that aid in securing independent evidence.

(c) PNP - In all Police Intervention Operations (PIOs) such as arrest, raid, search,
and seizure, they shall observe the following minimum standards:

1) In conducting arrest, the arresting officer shall announce his presence
and intent to arrest. Firing of warming shots is absolutely prohibited.
The arresting officer shall take the necessary precautions to ensure
the safety of the arresting team as well as the innocent bystanders.

2) Necessity of force test shall be the principal rule in PlOs. Use of force

when employed shall be proportionate, and shall be allowed only when

there is clear and convincing attempt to evade arrest.

3) Altemative non-lethal incapacitating weapons shall be the primary tool

to effect arrest when there is resistance.

4) It shall be mandatory for the team leader of every PIO, to submit an
after-operation report. The intemal Affairs Service of the PNP shall
maintain a separate reportorial system for cases whereby an individual
die as a result of the police operation. Copies of the report and/or its
latest inventory of cases shall be submitted to the CHR on a quarterly
basis and shall be available whenever the CHR requests or demands it.

5) Except in cases of warrantless arrest, the arresting officers shall
document the arrest with the use of body cameras and similar devices,
which shall be immediately tumed over to representatives of the Anti-
EJK Council, as provided in Section 6 of this Act.


Rene

SEC. 6. Inter-Agency Council Against Extrajudicial Killings. — There is hereby
created an "Inter-agency Council Against Extrajudicial Killings", or "Anti-EJK Council’,
with the following composition:

Chairperson: Secretary, Department of Justice

Members: Secretary, Department of National Defense
Secretary, Department of the Interior and Local Government
Executive Director, Presidential Human Rights Committee
Director General, Philippine Drug Enforcement Agency
Director General, Philippine National Police
Director, National Bureau of Investigation

Chairperson, Philippine Commission on Women
Chairperson, National Youth Commission

One representative each from two (2) non-governmental organizations shall
be appointed by the President of the Philippines upon the recommendation of the
Council. These representatives shall serve for two (2) years, unless sooner revoked
also upon recommendation of the Council. Appointment of an NGO shall not be
more than once.

The Council shall constitute itself within one (1) month or sooner when this law
takes effect, at the call of the Chairperson.

The CHR, with an observer status, shall participate in all meetings of the
Council for policy development and reform.

SEC. 7. Powers and Functions of the Anti-EJK Council. —

(a) Develop plans and programs to achieve the objectives set forth in this law and
coordinate with member-agencies including the CHR for purposes of public
information and advocacy, policy implementation, monitoring, and reportorial;

(b) Engage with human rights mechanisms here and abroad, including Mandate
Holders, and Special Procedures of human rights organizations for purposes
of developing or strengthening cooperation in the areas of human rights
education, law enforcement, investigation, and access to justice;

(c) Recommend ratification of intemational instruments or cooperation
agreements relating to the legal regime that protects against extra-judicial
killings; and


(d) Function as a clearing house for investigation modules, arrest, search and
seizure protocols of the NBI and the PNP, to ensure that these embody the
minimum standards for the prevention of extra-judicial killing or its
investigation.

SEC. 8. Secretariat to the Council. — There shall be a Secretariat to the
Council which shall be headed by an Executive Director to be appointed by the
Secretary of Justice from the list of nominees of the Council.

SEC. 9. Prohibited Acts. — It shall be unlawful for state actors to resort to
EJK as herein defined in furtherance of campaign for public order or in the
‘enforcement of laws. Killings perpetrated by non-state actors and paramilitary
groups in furtherance or in support of government campaign for public order is also
unlawful and prohibited.

The Anti-EJK Council shall establish programs and promulgate measures to
ensure that non-state actors who committed EJK are brought to justice.

SEC. 10. Presumption of Administrative Negligence. — Except in
communities affected by armed conflict, the local chief executive and chief of police
shall be presumed administratively negligent where there is increase in cases of
EJK as determined by CHR.

SEC. 11. Preventive Suspension. — In all police interventions, where death of
suspected criminals or innocent bystanders occur by reason of use of lethal force,
the responsible police officer shall automatically be subjected to investigation and
preventive suspension to be carried out by the Intemal Affairs Service of the
Philippine National Police. Pending this process, issued firearms shall be returned
by the police officer concemed.

SEC. 12. Penalty. — The penalty of life imprisonment without the benefit of
parole shall be imposed upon any public officer, person in authority, agent of a
person in authority, or private individual found guilty of EJK as defined herein.

Public officials who fail to prevent, investigate, or file necessary actions in
court against those suspected of having committed EJK shall be administratively
liable according to applicable laws.

SEC. 13. Imprescriptibility. — The prosecution for EJK shall not prescribe.
SEC. 14. Compensation for Victims. — The family of the victim of EJK shall

have the right to claim for compensation as provided for under Republic Act No.
7309 or "An Act Creating A Board of Claims Under The Department Of Justice For


Victims Of Unjust Imprisonment Or Detention And Victims Of Violent Crimes And For
Other Purposes." Provided, that in no case shall compensation be any lower than
Ten Thousand Pesos (P 10,000.00).

SEC. 15. Implementing Rules and Regulations. — Within ninety (90) days
from the effectivity of this Act, the Council shall finalize and promulgate the rules and
regulations for the effective implementation of this Act.

SEC. 16. Appropriations. — The amounts necessary for the implementation
of this Act shall be included in the annual General Appropriations Act (GAA).

SEC. 17. Separability Clause. — If for any reason, a provision is declared
invalid, other provisions not affected thereby shall remain in full force and effect.

SEC. 18. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 19. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,