1 
NINETEENTH CONGRESS   
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
EXPLANATORY NOTE 
Article II, Section 11 of the 1987 Constitution declares it a State policy of the Republic 
of the Philippines to value the dignity of every human person and to guarantee full respect for 
human rights. In line with this policy, the Republic of the Philippines either is a State Party to 
or, in the case of the Universal Declaration of Human Rights (UDHR), adopted, various 
international human rights instruments and conventions that prohibit the use of torture and 
other cruel, inhuman, or degrading treatment or punishment. These include the International 
Convention on Civil and Political Rights (ICCPR), and the United Nations Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). 
Furthermore, the Republic of the Philippines acceded to the Optional Protocol to the 
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
(OPCAT) on April 17, 2012, which requires under Part I, Article 3 thereof, that each State Party 
thereto “shall set up, designate or maintain at the domestic level one or several visiting bodies 
for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.” 
More specifically, Part IV, Article 17 stated that “[e]ach State Party shall maintain, designate 
or establish, at the latest one year after the entry into force of the present Protocol or of its 
ratification or accession, one or several independent national preventive mechanisms for the 
prevention of torture at the domestic level. Mechanisms established by decentralized units 
may be designated as national preventive mechanisms for the purposes of the present 
Protocol if they are in conformity with its provisions.” This mechanism is referred to as a 
National Preventive Mechanism (NPM). 
It has been more than 15 years since the Philippines acceded to the OPCAT, but the 
Philippines still does not have an NPM. Consequently, the Philippines is on the list of States 
whose compliance with Part IV, Article 17 of the OPCAT is substantially overdue. Ultimately, 
this Bill will ensure risks to the commission of torture and other cruel, inhumane, and degrading 
treatment or punishment are eliminated.  
This bill seeks to establish an NPM that is a separate but an attached agency of the 
Commission on Human Rights (CHR). As the country’s National Human Rights Institution 
(NHRI), established in accordance with the Paris Principles, and as befitting its visitorial 
mandate under the 1987 Constitution, Executive Order No. 163, s. 1987, and other related 
laws, is the independent body best suited to oversee the performance of the functions of the 
NPM of the Philippines vis-à-vis the OPCAT. 
The CHR has been conducting unannounced, unhampered and unrestricted visits to 
places of deprivation of liberty pursuant to its visitorial mandate under Article XIII, Section 18 
(4) of the 1987 Constitution; Section 3 (4) of Executive Order No. 163, s. 1987; Section 11 of
the Implementing Rules and Regulations of Republic Act No. 9745, otherwise known as the
Anti- Torture Act of 2009; and Section 13 of Republic Act No. 10353, otherwise known as the
Anti-Enforced or Involuntary Disappearance Act of 2012. However, such visits are mainly
investigative or monitoring in nature, not preventive as is required of an NPM.
Establishing an NPM as a separate but an attached agency of the CHR will enhance 
the CHR’s mandate as it will now look into the preventive aspect against torture and other 
cruel, inhuman, or degrading treatment or punishment in places of deprivation of liberty, and 
help develop policies that will prevent the occurrence of torture and other cruel, inhumane 
treatment or punishment. It also seeks to provide support in the improvement of places of 
August 17, 2023
2:00 pm
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deprivation of liberty that respect the basic human rights of persons deprived of liberty. This is 
because while the CHR initially focused only on monitoring visits to places of deprivation of 
liberty, it has come to realize that torture prevention needs a different and more holistic 
approach. Torture prevention entails understanding the various causes of torture, whether 
institutional, normative, political, cultural, or socio-economical, and, correspondingly, 
addressing such causes through a wide range of actions, such as legal reform, ensuring 
criminal responsibility and safeguards in detention, fighting against impunity, and ensuring 
remedies and reparations. 
Furthermore, by establishing the NPM as a separate but an attached agency of the 
CHR with its own budget and personnel, this bill would also help delineate between the 
investigative and preventive aspects of visits to places of deprivation of liberty by the CHR. 
However, it should be noted that this delineation and establishment of an NPM as a separate 
but attached agency of the CHR aims to complement, not replace, the CHR’s current visitorial 
mandate by extending its visitorial powers to places of deprivation of liberty outside of its 
current jurisdiction, such hospitals and psychiatric institutions. 
As of now, the CHR is developing a possible template of the NPM with the CHR as the 
lead with representatives from experts and civil society organizations (CSOs) as members. 
This initiative aims to create a model and a Manual of Operations on how an NPM should be 
structured and operationalized. Such a structure and operations are embodied in this 
proposed bill. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
 
 
 
 
 
 
 
 
 
 
RUFUS B. RODRIGUEZ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


3 
NINETEENTH CONGRESS   
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
AN ACT 
ESTABLISHING NATIONAL PREVENTIVE MECHANISM (NPM) IN COMPLIANCE WITH 
THE OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER 
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (OPCAT) AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
Section 1. Short Title. – This Act shall be known as the “National Preventive Mechanism 
(NPM) Act”. 
Sec. 2. Statement of Policy. – It is hereby declared the policy of the State to: 
a.
Adopt the generally accepted principles of international law, which include the
prohibition of torture and other cruel, inhumane degrading treatment or punishment, as part of
the law of the land;
b.
Value the dignity of every human person and guarantee full respect for human rights;
c.
Ensure that the human rights of all persons, especially persons deprived of liberty, are
respected at all times and that no person placed under investigation or held in custody by any
person in authority or his/her agent shall be subjected to physical, psychological, or mental
harm, force, violence, threat, intimidation, or any act that impairs his/her free will or in any
manner demeans or degrades human dignity;
d.
Adopt a human rights-based approach in the prevention of torture and other cruel,
inhuman, and degrading treatment or punishment;
e.
Ensure that secret detention places, solitary, incommunicado, or other similar forms of
detention where torture and other cruel, inhuman, or degrading treatment and punishment
may be carried out with impunity are prohibited; and
f.
Fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Constitution, Republic Act (RA) No. 9745 (the
Anti-Torture Act of 2009), and the various international human rights instruments and
conventions to which the Philippines either is a State Party to or voted in favor of, such as, but
not limited to, the Universal Declaration on Human Rights (UDHR), the International Covenant
on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the
Convention on the Rights of Persons with Disabilities (CRPD), the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT),
and the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (OPCAT).
Sec. 3. Definition of Terms. – For the purposes of this Act, the following terms shall mean: 
a.
Agent of a person in authority refers to any person who, by direct provision of law,
election, or by appointment or employment by a competent authority, whether public or private,
is charged with the maintenance of public order and the protection and security of life and
property, including any person who acts for or on behalf of, assists, represents, or comes to
the aid of persons in authority;
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b. 
Deprivation of liberty refers to any form of detention or imprisonment or the 
placement of a person in a public or private custodial setting which that person is not permitted 
to leave at will by order of any judicial, administrative, or other authority; 
c. 
Other cruel, inhuman, or degrading treatment or punishment refers to a deliberate 
or aggravated treatment or punishment inflicted by a person in authority or agent of a person 
in authority against a person under his/her custody which attains a level of severity causing 
suffering, gross humiliation or debasement to the latter; 
d. 
Person deprived of liberty (PDL) refers to any person placed in any form of detention 
or imprisonment or in a public or private custodial setting where the said person is not 
permitted to leave at will by order of any judicial, administrative, or other authority; 
e. 
Person in authority refers to any person directly vested with jurisdiction, whether as 
an individual or as a member of a court or government corporation, board, or commission or 
any person in charge of, managing, or with administrative supervision and/or control over a 
place of deprivation of liberty; 
f. 
Place of deprivation of liberty refers to any place of detention, imprisonment, or the 
placement of a person in a public or private custodial setting under or within the jurisdiction 
and control of the Philippines, where persons are or may be deprived of their liberty by virtue 
of an order given by a public authority, at his/her instigation, or with his/her consent or 
acquiescence. 
The term shall also encompass traditional and non-traditional physical spaces of 
detention, whether moving or stationary, temporary or permanent, formally or informally used 
as detention facilities, or maintained or managed by public or private authorities under 
regulation by the Government. The term shall include, but shall not be limited to, the following 
examples: 
1) 
Municipal jails; 
2) 
City jails; 
3) 
District jails; 
4) 
Sub-provincial jails; 
5) 
Provincial jails 
6) 
Police custodial centers; 
7) 
Detention facilities; 
8) 
Correctional facilities; 
9) 
Barangay holding centers;  
10)  
National penitentiaries;  
11)  
Penal colonies; 
12) 
Youth homes; 
13) 
Rehabilitation centers for the youth or Bahay Pag-Asa;  
14)  
Bahay Silangan; 
15) 
International ports and airports;  
16)  
Immigration detention centers;  
17) 
Psychiatric mental health facilities/institutions; 
18) 
Care homes for older persons;  
19)  
Security or intelligence service facilities;  
20)  
Military forts and camps; 
21) 
Other facilities under military jurisdiction; 
22)  
Places of administrative detention; 
23) 
Means of transport for the transfer of persons deprived of liberty; 
24)  
Hospitals / Health facilities; 
25) 
Home-based or medical/health-related detention facilities; 
26)  
Drug rehabilitation centers; and 
27) 
Other similar or makeshift places of confinement or detention where persons 
confined or detained thereat are not permitted to leave at will; 
g. 
Reprisal refers to an act or omission attributable to authorities or officials of a State 
who order, carry out, permit or tolerate any sanction against any person or organization for 


5 
 
having communicated with the NPM or for having provided the NPM with any information, 
irrespective of its accuracy; 
h. 
Subcommittee on the Prevention of Torture (SPT) refers to the United Nations 
Subcommittee on the Prevention of Torture and Other Cruel, Inhuman, or Degrading 
Treatment or Punishment established under the OPCAT. It has a preventive mandate focused 
on a proactive approach to preventing torture and ill treatment. 
i. 
Torture refers to an act by which severe pain or suffering, whether physical or mental, 
is intentionally inflicted on a person for such purposes as obtaining from him/her or a third 
person information or a confession, punishing him/her for an act he/she or a third person has 
committed or is suspected of having committed, or intimidating or coercing him/her or a third 
person, or for any reason based on discrimination of any kind, when such pain or suffering is 
inflicted by or at the instigation of or with the consent or acquiescence of a person in authority 
or agent of a person in authority. It does not include pain or suffering arising only from, inherent 
in, or incidental to lawful sanctions; 
j. 
Unannounced visits refer to visits that may be conducted at any time and without 
prior notice or authorization; and 
k. 
Unrestricted access refers to free access to the following, unless specifically 
prohibited by a court: 
1) All persons deprived of their liberty, with the opportunity to have private 
interviews with them without witnesses, either personally or with a translator, 
if deemed necessary; 
2) All custodial personnel involved in or relevant to the treatment of persons 
deprived of their liberty; 
3) Any other person involved in or relevant to the treatment of persons 
deprived of their liberty; 
4) Any other person or source which the NPM believes to have relevant 
information; 
5) All information concerning the number of persons deprived of their liberty in 
places of deprivation of liberty, as well as the number of such places and their 
locations; 
6) All information referring to the treatment and conditions of persons deprived 
of their liberty; and 
7) All places of deprivation of liberty and their installations and facilities. 
Unrestricted access includes the liberty on the part of the NPM to choose the places 
that it may want to visit and the persons that it may wish to interview. 
 
Sec. 4. National Preventive Mechanism. – There is hereby created a National Preventive 
Mechanism (NPM) for the purpose of preventing torture and other cruel, inhuman or degrading 
treatment or punishment. The NPM shall be a separate but attached agency of the 
Commission on Human Rights (CHR). It shall function separately and independently from the 
operations of the CHR.  
 
Sec. 5. Powers and Functions of the NPM. – The NPM, whose visiting mandate is 
specifically aimed at the prevention of torture and other cruel, inhuman, or degrading treatment 
or punishment, and proactive and non-adversarial in its approach, shall have the following 
powers and functions: 
a. 
To conduct regular and unannounced visits to places of deprivation of 
liberty in order to prevent torture and other cruel, inhuman, or degrading 
treatment or punishment. 
In conducting such visits, the NPM may consider requests for visits by 
civil society groups or any other entities or individuals recommending policy, 
procedural, or practical reforms in places of deprivation of liberty; 
b. 
To undertake preventive monitoring visits and coordinate with relevant 
authorities to examine and assess the custodial policies, procedures, practices, 
and all other aspects relevant to the treatment and living conditions of persons 


6 
 
deprived of liberty in order to identify the risks that give rise to torture and other 
cruel, inhuman, or degrading treatment or punishment in accordance with the 
UN Standard Minimum Rules on the Treatment of Prisoners (SMRTP) and 
existing international principles, obligations, and standards; 
c. 
To examine and review national laws, policies, and procedures that 
relate to the treatment, well-being, and rights of persons deprived of liberty; 
d. 
To submit to Congress and to the President its annual NPM report which 
shall contain its observations, advisories and other policy recommendations, 
and proposals relating to the rights and protection of persons deprived of their 
liberty and provide other relevant authorities. The NPM report, which shall 
include a report to Congress its annual budget and expenditures, shall be 
published and disseminated to all stakeholders;  
e. 
To refer any factual incident of torture and other cruel, inhuman, or 
degrading treatment or punishment or other human rights violations or abuses 
it may discover during its visits to appropriate authorities within places of 
deprivation of liberty.  
f. 
To work, where appropriate, in cooperation or consultation with any 
person or entity, whether public or private, in connection with the discharge of 
any of its functions under this Act and the OPCAT; 
g.  
To publish information relative to its preventive monitoring functions, 
specifically on matters mentioned in Paragraphs (a), (b), (c), (d), and (e) of this 
Section, when circumstances so warrant and with due prudence: Provided, 
That the NPM, having  high regard for its rules and regulations relative to 
confidentiality and informed consent, may determine what information shall be 
considered confidential; Provided further, That the NPM shall not publish or 
make known any sensitive personal data relating to any person without that 
person’s express consent. 
h. 
To submit independent reports to the SPT regarding the implementation 
of the Republic of the Philippines’ obligations under the UNCAT and the OPCAT; 
i. 
To promote public awareness, through the publication and dissemination 
of information, and education materials, on its work as the NPM;  
j. 
To train and capacitate the relevant authorities charged with the 
treatment of persons deprived of liberty and management of places of 
deprivation of liberty;  
 k. 
To ensure the protection and uphold the principle of non-refoulement for 
persons deprived of liberty in the performance of its mandate in coordination 
with relevant agencies; and 
l.  
To establish its own rules and procedures in carrying out its mandate 
and to create line offices necessary and relevant for the execution of its 
functions. 
 
Sec. 6. Guarantees for the NPM. – All branches, subdivisions, departments, and agencies 
or instrumentalities of the Government and relevant private institutions shall guarantee the 
NPM the following: 
a. 
Full and unrestricted access to all information concerning the number 
of persons deprived of liberty in places of deprivation of liberty, as well as the 
number of such places and their respective locations:  
b. 
Full and unrestricted access to all information referring to the treatment 
and conditions of persons deprived of liberty:  
c. 
Full and unrestricted access to all places of deprivation of liberty and 
their installations and facilities.  
The guarantees in subparagraph a, b, and c shall be subject to Section 
12 of this Act; 
d.  
Liberty to conduct private interviews with persons deprived of liberty 
without recording or monitoring by the persons in authority, or agents thereof;   


7 
 
e. 
Liberty to choose the places to visit and persons to interview and when 
these should take place; 
f. 
Liberty for NPM officers and duly- authorized personnel to visit all 
places of deprivation of liberty; 
g. 
Freedom to determine its own rules and procedures, including its 
program of visits; 
h. 
That the relevant authorities shall be required to examine its 
recommendations as the NPM and to enter into dialogues with the same to 
discuss and agree on possible implementation and the corresponding reporting 
measures; 
i. 
That the relevant authorities shall be required to fulfill recommendations 
of the NPM by implementing the agreed upon measures accordingly. Should 
the authorities fail to act upon the recommendation, the NPM shall forward its 
findings to the Department of Justice and other concerned government 
agencies for appropriate actions; 
j. 
That the relevant authorities shall immediately file and pursue the 
appropriate administrative, civil, and/or criminal cases against individuals 
and/or authorities who refuse to cooperate with the NPM as it undertakes its 
mandate under both this Act and the OPCAT; 
k. 
That the NPM shall enjoy complete financial and operational autonomy 
and independence when carrying out its functions under both this Act and the 
OPCAT; and 
l. 
The NPM shall be allowed to receive foreign grants for the 
establishment of NPM premises and implementation of its functions specified 
in this Act. 
Sec. 7. Composition of the NPM. – The NPM, which shall be an independent and collegial 
body, shall be composed of the Chairperson of the Commission on Human Rights or his/her 
representative Commissioner, sitting as ex-officio member, and ten (10) other members with 
the following qualifications: 
1.  Five (5) experts each representing one of the following professions or other related fields 
such as: 
a. Criminal Law; 
b. Medicine; 
c. Psychiatry; 
d. Psychology; 
e. Social Work; 
f. Architecture; and 
g. Engineering; 
2. Four (4) representatives from non-governmental organizations (NGOs) operating in the 
Philippines for at least five (5) years and advocating for human rights, preferably focusing on 
anti-torture work and/or upholding the rights of persons deprived of liberty; and 
3. One (1) person with prior professional experience of at least five (5) years concerning the 
administration of places of deprivation of liberty.  
The NPM shall have balanced gender representation and have adequate representation of 
ethnic and minority groups in its membership on the basis of the principles of equality and 
non-discrimination.  
The NPM shall organize itself within thirty (30) days from the completion of the appointment 
of all ten (10) members. 
 
Sec. 8. Qualifications of the members of the NPM. -   
Except for the the Chairperson or his/her representative Commissioner, all members of the 
NPM shall have the following qualifications: 
a) 
Be Filipino citizens; 
b) 
Have been practicing their respective professions for at least five (5) years; 
c)  
Have no record of any human rights violation(s).  


8 
 
Preference will be given to members of the aforementioned professions who are 
knowledgeable about matters related to deprivation of liberty, the Bangkok Rules, the 
Beijing Rules, detention and the administration of justice. 
Furthermore, each of the members shall possess the following additional qualifications: 
1)  
The five (5) experts, shall: 
 
a) 
Be recognized and respected members of their respective professional 
organizations; 
b) 
Possess high moral character, recognized probity, competence, and integrity; 
C) 
Be defenders and promoters of human rights in both their professional and 
personal capacities; and 
Special consideration will also be given to members of the aforementioned professions 
who understand the penal situation in the Philippines, particularly penal structural 
conditions, organizational processes, culture, and the effects of imprisonment. 
2) 
The four (4) representatives from the NGOs shall: 
a) 
Be recognized human rights defenders nominated by NGOs operating in the 
Philippines for at least five (5) years and advocating for human rights, preferably 
focusing on anti-torture work and/or upholding the rights of persons deprived of liberty; 
or  
b) 
Be human rights experts with experience working on both the issues of torture 
and the rights of persons deprived of liberty and visiting places of deprivation of liberty; 
3)         The member with prior professional experience regarding administration of places of 
deprivation of liberty shall:  
a) 
Have a Bachelor’s Degree;  
b) 
Have experience in detention facility administration, with a good track record in 
administration of places of deprivation of liberty; and 
c) 
Have an understanding of the penal situation in the Philippines, particularly 
penal structural conditions, organizational processes, culture, and the effects of 
imprisonment.  
 
Sec. 9. Term of Office, Appointments. - The Chairperson of the Commission on Human 
Rights or his/her representative Commissioner, sitting as ex officio member of the NPM, shall 
serve as a member of the NPM for the entirety of his/her respective tenure in the CHR. 
The ten (10) members shall be appointed by the CHR Commission En Banc. The selection 
and appointment process shall be open and transparent, ensuring participative engagements 
with all relevant stakeholders. To ensure that the NPM is a continuing body, the first batch of 
appointments shall serve on a staggered basis. Of the first appointment of the ten (10) 
members, three (3) experts and two (2) representatives from the NGOs shall serve for two (2) 
years. All subsequent appointments shall serve for a period of three (3) years with the 
possibility of one (1) reappointment. 
In no case shall the members of the NPM be appointed, reappointed, or designated in a 
temporary or acting capacity. Appointment or designation to any vacancy shall be only for the 
unexpired term of the predecessor. 
 
Sec. 10. Salaries, Emoluments, and Benefits. – The members of the NPM shall have the 
rank, salary, emoluments, and allowances equivalent to a Commissioner of the CHR. 
 
Sec. 11. Organization and Staffing. – The NPM is hereby authorized to prepare and adopt 
the organizational structure and staffing pattern for the national and regional offices of the 
NPM in such manner or form as they may deem most suited and responsive to national and 
regional administration, subject, however, to existing laws and regulations prescribing position 
classification, rankings and pay ranges for national departments and offices.  
The NPM shall establish a regional office in each of the regions in the country with the 
corresponding staff complement that will be responsible for implementing the NPM functions 
in their areas of jurisdiction. 
 


9 
 
Sec. 12. Independence of Members of the NPM.  
a. All members of the NPM shall act independently and impartially. With the exception of the 
CHR Chairperson or his/her representative Commissioner, all other members of the NPM shall 
serve in their personal capacity. They shall conduct themselves in accordance with the 
following guidelines:   
1) No member of the NPM shall participate in activities which may imply, or may seem 
to imply, a conflict of interest with his/her capacity as an independent and impartial 
member; and  
2) Members of the NPM shall avoid any action which might give the impression that 
any given agency or facility is receiving more or less favorable treatment than that 
accorded to others; and  
3) If for any reason a member of the NPM considers that he/she is in a situation 
involving a potential conflict of interest, he/she shall promptly inform the Executive 
Director, who shall then advise the rest of the members the NPM on the potential 
conflict of interest. Ultimately, the NPM, shall take all measures necessary to safeguard 
the requirements of independence and impartiality of its respective members. 
 
Sec. 13. Fiscal autonomy. – To ensure the NPM’s independence, it shall enjoy full fiscal 
autonomy. Appropriations for the NPM shall not be reduced and shall be automatically and 
regularly released. 
 
Sec. 14. Confidentiality. – All documentation and information collected by the NPM shall be 
kept strictly confidential, unless the NPM decides otherwise in relation to a particular 
document: Provided, That no sensitive information, whether personal or otherwise, shall be 
published without the express consent of the individual or authority concerned: Provided 
further, that this provision shall be in accordance with all existing laws on confidentiality and 
security of sensitive personal information and data, such as but not limited to the Data Privacy 
Act of 2012. 
 
Sec. 15. Relationship and Cooperation with Government Agencies, Civil Society 
Organizations (CSOs) and Other Groups. – The NPM, shall apply a human rights-based 
approach in the performance of its mandate, maintain direct regular contact with and 
encourage open dialogues with the relevant UN agencies working against torture, including 
the Committee Against Torture, SPT, and the Office of the High Commissioner for Human 
Rights (OHCHR). It shall also encourage and maintain participation and coordination with the 
CSOs, media organizations, and other regional, national, and international human rights 
mechanisms for the effective and full implementation of this Act. 
Government authorities and private organizations or entities mandated to protect and promote 
the rights of persons deprived of liberty shall cooperate with and promptly respond to and 
monitor the implementation of the recommendations, proposals, and other requests of the 
NPM in the performance of its mandate. 
The competent authorities shall take into consideration the recommendations of the NPM and 
enter into a dialogue with it, on possible implementation measures.  
 
Sec. 16. Protection from Criminal Liability, Other Sanctions, and Reprisals.  
a. No authority or official shall order, apply, permit, or tolerate any sanction against any person 
or organization for having communicated to the NPM, including its officers and staff, any 
information and no such person or organization shall be otherwise prejudiced in any way; 
 b. The relevant authorities shall take effective steps to prevent and promptly respond to any 
sanction or act of reprisal stemming from communications to or cooperation by other persons 
or organizations with the NPM;  
c. No criminal, administrative, or disciplinary sanction shall be taken against any person or 
organization for having communicated in good faith any information to the NPM, including its 
officers and staff; 


10 
 
 d. Anything done in good faith and pursuant to the functions and powers conferred upon the 
NPM under this Act or in respect of any publication by, or under the authority of, the NPM of 
any report, proceeding, or any other matter under this Act shall not be a ground for action, 
suit, or other legal proceeding against any member of the NPM, its officers, staff or employees, 
or any other person who assisted the NPM in the performance of the its mandate; and  
e. Any legal action filed to harass, vex, exert undue pressure against any member of the NPM, 
including its officers and staff, in the performance of their functions under this Act shall, if 
proven in court to have been filed for any of the aforementioned purposes, be immediately 
dismissed with prejudice and the court may award damages, attorney’s fees and costs of suit.  
 
Sec. 17. Information Sheets on Persons Deprived of Liberty and Places of Deprivation 
of Liberty. – The NPM shall be entitled to receive copies of the lists as provided under Sec. 
7 of Republic Act No. 9745 otherwise known as the “Anti-Torture Act of 2009” and as provided 
under Sec. 10 of Republic Act No. 10353 otherwise known as the “Anti-Enforced or Involuntary 
Disappearance Act of 2012”. 
 
Sec. 18. Public Education, Information, and Awareness Campaign. – The NPM, in 
partnership with the Philippine Information Agency (PIA), Department of Justice (DOJ), 
Bureau of Corrections (BUCOR), National Bureau of Investigation (NBI), Bureau of 
Immigration (BI), Department of Interior and Local Government (DILG), Bureau of Jail 
Management and Penology (BJMP), the Philippine National Policy  (PNP), the Department of 
National Defense (DND),  Armed Forces of the Philippines (AFP), Department of Social 
Welfare and Development (DSWD), Department of Health (DOH), and other agencies with 
jurisdiction, control and/or oversight of places of deprivation of liberty, CSOs, and such other 
concerned parties and entities in both the public and private sectors, shall inform the public, 
as well as persons in authority and their agents, of the existence of  the NPM, the rights of 
persons deprived of liberty, the importance of preventive visits, the need for cooperation during 
such visits, and for implementing measures based on  recommendations of the NPM.  
 
Sec. 19. Periodic Review. – Within five (5) years after the effectivity of this Act, and every 
five (5) years thereafter or as the need arises, the NPM shall conduct a comprehensive review 
of its implementation and a systematic evaluation of its performance and functioning in order 
to highlight its accomplishments and impact on the protection of the rights of persons deprived 
of their liberty. 
To carry out this task, the NPM shall ensure participative and multi-sectoral dialogues with 
stakeholders, the CSOs, survivors of torture and their families, and the relevant government 
authorities involved in the treatment of persons deprived of their liberty and the administration 
of places of deprivation of liberty. 
The NPM shall submit its review and evaluation report to both the Senate Committees on 
Justice and Human Rights and the House Committee on Human Rights for their consideration.  
 
Sec. 20. Appropriations. – The NPM shall have an initial budget of Nine Hundred Million 
Pesos (PhP900,000,000.00). The amount necessary for the implementation of this Act shall 
be charged against the current year’s appropriations of the CHR.  Thereafter,  the amount 
necessary for the continuous implementation of this Act shall be included in the annual 
General Appropriations Act (GAA). 
 
Sec.  21. Implementing Rules and Regulations (IRR). – The CHR shall formulate the IRR 
of this Act within ninety (90) days from its effectivity. The CHR shall consult with the DOJ, 
BUCOR, NBI, BI, DILG, BJMP, PNP, DND, AFP, DSWD, DOH, JJWC, ULAP and other 
relevant government agencies and CSOs working in various fields relevant to the treatment of 
persons deprived of liberty. 
The IRR of this Act shall be effective within fifteen (15) days following its publication in two (2) 
newspapers of general circulation. 
 


11 
 
Sec. 22. Separability Clause. – If any provision of this Act is declared invalid or 
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. 
 
Sec. 23. Repealing Clause. – All laws, decrees, executive orders, rules and regulations, 
memorandum orders, memorandum circulars, administrative orders, ordinances, and other 
issuances, or any part thereof, which are inconsistent with this Act, are hereby revoked, 
amended, or modified accordingly. 
 
Sec. 24. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least 
two (2) newspapers of general circulation. 
 
Approved,