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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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7 
JBbj 30 pd :ng 
First Regular Session 
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Senate Bill No. 26 
Introduced bv Senator FRANCIS N. PANGILINAN 
EXPLANATORY NOTE 
Enforced or involuntary disappearance is committed when a person is 
arrested, detained or abducted against hislher will or is deprived of hislher liberty 
by officials or employees or any branch, subdivision, agency or instrumentality of 
Government, or by organized groups or private individuals acting on behalf of, or 
with the support of, or with direct or indirect, consents or acquiescence of the 
Government, and who subsequently disappeared or refuse to disclose hislher 
fate or acknowledge that helshe was detained, thus placing such person outside 
the protection of the laws. 
At present, there are numerous test cases of involuntary disappearance 
pending before the court. 
However, since involuntary disappearance is not 
considered a crime under the Philippine law, the cases presently filed in court are 
lodged as kidnapping, murder or serious illegal detention, or a combination of the 
last two crimes. This bill is proposed to call the crime by its correct name. 
It should be recognized that any act of enforced or involuntary 
disappearance constitutes a violation of the rights to liberty and security of a 
person, as well as the person’s right not be subjected to torture and other cruel, 
inhuman or degrading treatment or punishment. Hence, the phenomenon of 
enforced or involuntary disappearance must be finally addressed through 
adequate legislation directly penalizing its commission. 
The bill also aims to deter, if not totally eradicate the commission of this 
heinous act by any officer or agent of the State to ensure that no person shall be 
deprived of life, liberty or property without due process of law, nor shall any 
person be denied of equal protection of the laws. 
The immediate approval of this bill is earnestly requested. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
1 
S E N A T.E 
OF THE PHILIPPINES 
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7 J&i 
30 ? 4 ;‘I 
u 
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cat : 
SENATE BILL NO. 
Introduced by Senator FRANCIS N. PANGILINAN 
PENALIZING 
PURPOSES 
AN ACT 
ENFORCED OR INVOLUNTARY DISAPPEARANCE AND FOR OTHER 
Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled: 
SECTION 1. Title. -This Act shall be known as the “Anti-Enforced or Involuntary 
Disappearance Act of 2007”. 
SEC. 2. Declaration of Policy, - It is hereby declared as the policy of the State to 
safeguard the life and liberty of the citizens.’ Further, no person under investigation 
shall be subjected to torture, force, violence, threat or intimidation or any act which 
impairs hidher free will. Towards these ends, appropriate penalties shall be imposed 
on the government officials or agents of the State who cause the enforce or involuntary 
disappearance of persons, arrested, detained or abducted. 
SEC. 3. Involuntary Disappearance, When Committed. - For purposes of this 
Act, enforced or involuntary disappearance shall be deemed committed when the 
person is arrested, detained or abducted against hislher will or otherwise deprived of 
hislher liberty by officials or employees of any branch, subdivision, agency or 
instrumentality of government, or by organized groups or private individuals acting on 
behalf of, or with the support, direct or indirect, consent or acquiescence of the 
Government, and who subsequently disappeared for at least 48 hours. These forces 
then conceal the whereabouts of the disappeared or refuse to disclose his/her fate or to 
acknowledge that helshe was detained, thus placing such person outside the protection 
of the law. 


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SEC. 4. Commanding Officer or Senior Official. - The immediate Commanding 
Officer or equivalent Senior Official shall be held criminally liable for an enforced or 
involuntary disappearance. Any failure on hislher parts, whether done with intent or 
negligence, to avert an act or enforced or involuntary disappearance shall be taken as 
evidence of conspiracy. 
SEC. 5. Penalty and Persons Liable. - The penalty of reclusion perpetua shall 
be imposed upon the following persons: 
Those who directly committed the act of enforced or involuntary 
disappearance; 
Those who directly forced, instigated, encouraged or induced others to 
commit the act of enforce or involuntary disappearance; 
Those who cooperated in the act of enforced or involuntary 
disappearance by another act without which the act of enforced or 
involuntary disappearance would not have been carried out; 
Those officials who allowed the act of enforced or involuntary 
disappearance when it is within power to stop the commission of such act; 
The penalty of reclusion temporal shall be imposed upon those who attempt to 
commit the offense of enforced or involuntary disappearance. 
The penalty of reclusion temporal shall be imposed upon the person who, having 
knowledge of the act enforced or involuntary disappearance, and without having 
participated therein, either as principals or accomplice, took part subsequent to its 
commission in any of the following manners: 
(1) 
By themselves profiting from or assisting the offender to profit from the 
effect of the act of enforce or involuntary disappearance; 
By concealing the act of enforced or involuntary disappearance, andlor 
destroying the effects of instruments thereof, in order to prevent its 
discovery; 
(2) 
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(3) 
By harboring, concealing, or assisting in the escape of the principal (s) in 
the act of enforced or involuntary disappearance, providing the accessory 
acts are done with the abuse of the official’s public functions. 
SEC. 6. Suspension. - The alleged perpetrators of and other participants in the 
commission of enforced or involuntary disappearance shall be suspended and 
prohibited from performing any official duties during the investigation and trial of the 
case. 
SEC. 7. Civil Liability - Enforced or involuntary disappearance shall render their 
perpetrators and the State authorities which organized, acquiesced in or tolerated such 
disappearances liable under civil law. 
SEC. 8. Order of Superior Officer or Public Authority, - An order from a superior 
officers or a public authority cannot be invoked as justification fore taking part in the 
commission of an enforced or involuntary disappearance. 
SEC. 9. - Continuing Offense. - An act constituting enforced or involuntary 
disappearance shall be considered a continuing offense as long as the perpetrators 
continue to conceal the fate and the whereabouts of the persons who have disappeared 
and these facts remain unclarified. 
SEC. 10. Prescription. - There shall be no time limit to the prosecution of a 
person responsible for the commission of enforced or involuntary disappearance. 
SEC. 11. Non-applicability of Amnesty - Persons who have committed the act 
of enforced or involuntary disappearance shall not benefit from any special amnesty law 
or similar measures that will have the effect of exempting them from any criminal 
proceedings and sanctions. 
SEC. 12. Restitution. - The victims of enforced or involuntary disappearance 
who surfaced alive shall be entitled to monetary compensation and restitution of honor 
and reputation. The nearest skin, as provided for in Article 887 of the civil code, of a 
victim of an enforced or involuntary disappearance may claim for compensation as 
provided for under R.A. 7309 and other financial relief programs of Government. The 
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package of indemnification shall be without prejudice to other legal remedies that may 
be available to them. 
SEC. 13. Rehabilitation - In order that the nearest of kin of victims of enforced 
or involuntary disappearance and the victims who surfaced alive may be affectively 
reintegrated into the mainstream of society and in the process of development, the 
State shall provide them with appropriate medical care and rehabilitation free of charge. 
SEC. 14. Protection of Persons Involved in Prosecution. - The State through its 
appropriate agencies shall ensure the safety of all persons involved in the prosecution 
and investigation on enforced or involuntary disappearance cases such as the complain 
(s), legal counsel, witnesses and relatives of the victims of involuntary disappearance. 
They shall likewise be protected from ill treatment and any acts of intimidation or 
reprisal as a result of the complaint or investigation. Anyone committing such acts shall 
be criminally liable. 
SEC. 15. Rules and Regulations. - The Department of Justice, in collaboration 
with the concurrence of the Commission on Human Rights and the Families of Victims 
of Involuntary Disappearance (FIND) shall promulgate the rules and regulations for the 
effective implementation of this Act and shall ensure the full dissemination of the same 
to the public. 
SEC. 16. Monitoring Group. 
-A 
Monitoring group is hereby created to 
periodically monitor compliance with this Act. 
The group shall be headed by a 
Commissioner of the Commission on Human Rights and with the following as members: 
(1) 
(2) 
One Undersecretary of the Department of Justice; 
One representative from the Senate Committee on Justice and Human 
Rights; 
(3) One representative from the House Committee on Political, Civil and 
Human Rights; and 
(4) 
The Secretary-General of the Families of victims of Involuntary 
Disappearance (FIND). 
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SEC. 17, Suppletory Application of the Revised Penal Code. - The provisions of 
the Revised Penal Code on punishable offenses shall be suppletory to this Act. 
SEC. 18. Funds. - The funds necessary for the effective implementation of this 
Act shall be included in the budget of the Commission on Human Rights and the 
Department of Justice under the General Appropriations Act of the year following the 
enactment of this Act. 
SEC. 19. Separability Clause. - If any provision of this Act is declared invalid, the 
remainder thereof not affected thereby shall continue to be in full force and effect. 
SEC. 20. Repealing Clause. - All laws, decrees, executive orders, rules and 
regulations and other issuances or parts thereof inconsistent with the provisions of this 
Act are hereby repealed or modified accordingly. 
SEC. 21. Effectivity Clause. - This Act shall take effect fifteen (15) days upon its 
publication in at least two (2) national newspapers of general circulation. 
Approved, 
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