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Republic of the Philippines
HOUSE OF REPRESENTATI
Quezon City

SEVENTEENTH (17") CONG:
First Regular Session

HOUSE BILL NO.158 _

Introduced by Representative Jose Christopher Y. Belmonte

EXPLANATORY NOTE

Approved by the Committee on Human Rights during the 16" Congress, this bill is a
consolidation of several measures of the same nature, including HB 5193 by former Akbayan
Rep, Ibarra “Barry” Gutiertez, Walden Bello and this representation and HB 2401 by
Former 2" District ~ Cegayan de Oro Rep, Rufus B. Rodriguez, Rep, Maximo B, Rodriguez,
This measure aims for the localization of the Optional Protocol to the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCA), through
the establishment of the National Committee for the Prevention of Torture (NCPT)

On 10 November 2009, Republic Act No. 9745, or “An Act Penalizing Torture and
Other Cruel, Inhuman and Degrading Treatment or Punishment and Prescribing Penalties
Therefor,” was signed into law. This “Anti-Torture Act of 2009” ensures that “the human
rights of all persons, inc ‘uding suspects, detainees and prisoners are respected at all times.” Tt
defines all acts of torture and other cruel, inhuman and degrading treatment or punishment,
and penalizes those whc engage in such acts,

However, many describe the enactment and implementation of RA 9745 as the
reactive, confrontationa: and litigation-driven side of addressing torture. ‘There is another
method that many see as the more effective and forward looking way since it addresses
violations before they nccur. This method is preventive monitoring. It works through the
establishment of a sys‘em of regular visits undertaken by independent experts in fields
relevant to the treatment of persons deprived of their liberty to places of detention in order to
identify policy, procedural, and practice risks that give rise to torture and ill-treatment.
Preventive monitoring visits will be more effective if lodged on the principles of mutual trust
building, confidentiality, collaboration and dialogue between detention authorities, persons
deprived of their liberty, the expert visiting body and other relevant authorities.

Preventive moni oring visit is a non-adversarial approach which effectively opens up
to public scrutiny by independent experts the otherwise obscure places of deprivation of
liberty, where persons’ well-being depend solely on their jailers. The regular unannounced
visit, by itself, establisies a preventive effect, conditioning custodial authorities to work
within the bounds of legal procedures. Moreover, the torture risk identification visits and
subsequent observation: and recommendations of the expert visiting body will result in
implementation measures that bring about policy, procedural and practice reforms in the



treatment of persons deprived of their liberty, institutionalizing safeguards for their humane
treatment. Detention monitoring work will not only benefit persons deprived of their liberty,
but also improve the working environment, conditions and other benefits for custodial
authorities. The realization of better and humane places of deprivation of liberty will also
benefit social order and government spending in general.

In December 2002, the UN General Assembly approved the Optional Protocol to the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (OPCAT). The OPCAT sets up the global preventive system by establishing the
sub-committee on prevention at the international level and National Preventive Mechanisms
(NPMs) at the domestic level. NPMs are considered to be the main engines of this system,
being the bodies tasked to do most of the visits.

‘The OPCAT is the first international human rights treaty that focuses on operations
rather than review of state obligations, as in the case with other treaty bodies. While other
treaties set standards and. obligations for states parties, the OPCAT does not prescribe them
but operationalizes paths towards their fulfillment through the system of visits, dialogues and
prescription of implementation measures toward policy, procedural and practice reform. The
OPCAT went into force on 22 June 2006 with 20 states having had adhered to the treaty

On 17 April 2012, the Philippines ratified the OPCAT, becoming the 63rd State Party
to the instrument, Under Article 17 of the treaty, the Philippines was required to establish,
designate or maintain an existing institution as its NPM within a year and a month upon
ratification — meaning the country should have established its NPM by 17 May 2013. This
obligation is long overdue.

‘This House Bill aims to fulfill this obligation by establishing the National Committee
for the Prevention of Torture (NCPT) ~ the country’s NPM against torture and other cruel,
inhuman and degrading treatment or punishment.

In view of the foregoing, the swift passage of this bill is earnestly soph

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17") CONGRESS
First Regular Session

158

Introduced by Representative Jose Christopher Y. Belmonte

AN ACT.

ESTABLISHING THE NATIONAL COMMITTEE FOR THE PREVENTION OF
TORTURE (NCPT), THE NATIONAL PREVENTIVE MECHANISM AGAINST
TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT
OR PUNISHMENT IN THE PHILIPPINES, PROVIDING A FRAMEWORK FOR
IMPLEMENTING OBLI TIONS UNDER THE OPTIONAL PROTOCOL TO THE
CONVENTION AGAIN! ORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT (OPCAT), AND APPROPRIATING
FUND HEREFOR

Be it enacted hy the Senate and House of Representatives of the Philippines in Congress
assembled.

SECTION 1. Short Title.—This Act shall be known as the “National Committee for
Prevention of Torture (NCPT) and OPCAT Implementation Act."

. 2. Statement of Policy.—It is hereby declared the policy of the State to

a. Recognize the inherent dignity of every human person;

b. Guarantee full respect for fundamental human rights giving highest priority to the
enactment of measures that protect and fulfill the right to life, the right to liberty
and security of all persons, and the right to be free from torture and other cruel,
inhuman and degrading treatment or punishment;

c. Adhere to the principles and standards on the protection and promotion of human
rights, especially of persons deprived of liberty under the 1987 Philippine
Constitution, Republic Act No. 7438 (R.A. 7438 or the Code of Custodial
Investigation), Republic Act No. 9745 (R.A. 9745 or the Anti-Torture Law), and
other related laws:

d, Adopt the principles under the United Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and
implement the obligations under the Optional Protocol to the Convention Against


1 Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2 (OPCAT), which commit the Philippine Government to:

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4 1) Establish a system of regular, unannounced, and unrestricted visits in the
5 Philippines undertaken by an independent national body of experts to
6 places where persons are deprived of their liberty, in order to prevent
7 torture and other cruel, inhuman or degrading treatment or punishment;

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9 2) Recognize and promote the importance of preventive visits and being
10 different in purpose and methodology from other types of visits to places
u of deprivation of liberty;

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13 3) Allow visits, in accordance with the OPCAT, by the Subcommittee on
14 Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
15 or Punishment (SPT) to any place under its jurisdiction and control where
16 persons are or may be deprived of their liberty, either by virtue of an order
17 given by a public authority or at is instigation or with consent or
18 acquiescence, with the view of strengthening the protection of persons
19 against torture and other cruel, inhuman or degrading tretament or
20 punishment;

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22 4) Provide all relevant information that the SPT may request to evaluate the
23 needs and measures that should be adopted in order to strengthen the
24 protection of persons deprived of their liberty against torture and other
25 cruel, inhuman or degrading treatment or punishment;

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27 5) Examine the recommendations of the SPT and enter into dialogue with it
28 on possible implementation measures;

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6) Grant the SPT the following guarantees:

i) Unrestricted access to all information concerning the number of
persons deprived of their liberty in places of deprivation of liberty as
well as the number of places and their location:

ii) Unrestricted ac
those persons

to all information referring to the treatment of
s well as their conditions of deprivation of liberty:

39 ili) Unrestricted access to all places of deprivation of liberty and their
40 installation and facilities;

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42 iv) The opportunity to have private interviews with the persons deprived
43 of their liberty without witnesses, either personally or with a translator
44 if deemed necessary, as well as with any other person who the
45 Subcommittee on Prevention believes may supply relevant
46 information;

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48 v) The liberty to choose the places it wants to visit and the persons it
49 wants to interview;

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7) Establish the National Committee for the Prevention of Torture (NCPT)
mandated to prevent torture and ill-treatment and reduce the risks that give
rise to the practice by conducting regular preventive monitoring visits to
places of deprivation of liberty and examine the treatment and conditions
of persons deprived of their liberty including policies, procedures and
practices of custodial agencies as well as national laws that affect their
well-being and rights;

8) Recognize NCPT’s power and authority to make recommendations to
relevant authorities and monitor the implementation of — such
recommendations with the aim of preventing torture and other cruel,
inhuman or degrading treatment or punishment and improving the
treatment and conditions of persons deprived of their liberty;

9) Examine the recommendations of the NCPT and enter into a dialogue with
it on possible implementation measur.

10) Encourage and facilitate contacts between the SPT and the NCPT;

11) Take effective steps to implement measures based on the observations
and recommendations of the NCPT and the SPT:

12) Recognize the importance of other visiting groups regularly visiting places
of deprivation of liberty such as local and international non-government
organizations and government mechanisms working for the well-being of
persons deprived of their liberty.

Work with the NCPT and the SPT in the implementation of measures based on
the observations and recommendations of the preventive monitoring expert bos
in order to reduce the risks that give rise to torture and ill-treatment;

f, Recognize the value of and support the public information, education and
communication work of the NCPT and the SPT, and support the publication and
dissemination of the materials produced by the preventive monitoring bodies:

g. Recognize the authority of the SPT to conduct in-country preventive monitoring
visits and their observations and recommendations with due consideration to the
same powers and functions it shares with the NCPT; and

h. Provide the necessary resources to ensure the functional independence of the
NCPT.

SEC. 3. Definition of Terms. -

a. Deprivation of liberty refers to any form of detention or imprisonment, or the
placement of a person in a public or private custodial setting where the person is
not permitted to leave at will by order of any judicial, administrative or other
authority;


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b. Other cruel, inhuman or degrading treatment or punishment refers to the
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 latt

c. Persons deprived of liberty refers to any person placed in any form of detention or
imprisonment, or placed 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;

d. Places of deprivation of liberty refers to any place of detention, confinement,
imprisonment, commitment, or placement of person in a public or private
custodial setting under the Philippine’ jurisdiction and control where persons are
or may be deprived of their liberty, either by virtue of an order given by a public
authority or at its instigation or with its consent or acquiescence. Places of
deprivation of liberty also include but shall not be limited to those unofficial
places of detention where persons ate suspected of being illegally detained or not
permitted to leave the place at will by order of any judicial, administrative or
other authority and any place which the NCPT judiciously believes that persons
may be deprived of their liberty;

Places of deprivation of liberty encompasses traditional and non-traditional places
of detention, whether temporary or permanent, formally or informally used as a
detention facility maintained and/or managed by public or private authorities
and/or under regulation by government. Places of detention or confinement shall
refer to any physical space, area, or structure whether moving or stationary,
permanent or temporary, where deprivation of liberty is carried out or which
establishment, operation, and maintenance of the same is punishable under
Section 14 (i) of R.A. 9745,

Places of deprivation of liberty shall include but shall not be limited to the
following examples: police stations, barangay holding centers, pre-trial centers /
remand prisons, prisons for sentenced persons, juvenile detention centers, border
police facilities and transit zones at land crossings, international ports and
airports, immigrant and asylum-seeker detention centers, psychiatric institutions,
care homes for older people, security or intelligence services facilities, military
forts and camps, and other facilities under military jurisdiction, places of
administrative detention, means of transport for the transfer of prisoners (¢.g..
police vans), hospitals, home-based or medical/health-related detention facilities,
drug rehabilitation centers and other similar and/or makeshift places of
confinement where persons are not permitted to leave at will:

e. Sub-Committee on the Prevention of Torture (SPT) refers to the Sub-committee
on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment of the Committee against Torture, established under the Optional
Protocol to the UN Convention Against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (OPCAT);


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f, 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 hinvher 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, as defined by Republic Act No, 9745 (RA 9745),
otherwise known as the “Anti-Torture Act of 2009.” It does not include pain ot
suffering arising only from, inherent in or incidental to lawful sanctions;

g. Unannounced access refers to access to all places of deprivation of liberty, at all
times, without prior notice or authorization;

h. Unrestricted access refers to free access to places of deprivation of liberty without
any restrictions of any kind imposed by authorities, more specifically the
following:

(1) All peisons deprived of liberty with the opportunity to have private
interviews with them without witnesses, either personally or with
translator if deemed necessary;

(2) All custodial personnel relevant to the treatment of persons deprived of
their liberty;

(3) Any other person whom the NCPT and the SPT believe may supply
relevant information;

(4) Alll information conceming the number of persons deprived of their liberty
in places of deprivation of liberty, as well as the number of places and
their location;

(5) All information referring to the treatment of those persons as well as their
conditions of deprivation of liberty; and,

(6) All places of deprivation of liberty and their installations and facilities.

Further, unrestricted access includes liberty to choose the places that the NCPT
and SPT want to visit and the persons they want to interview.

SEC. 4. Creation —There is hereby created an independent body to be known as the
National Committee for Prevention of Torture (NCPT) for the purpose of preventing torture
and other cruel, inhuman or degrading treatment or punishment. The NCPT shall be an
office independent of government in accordance with the UN Paris Principles Relating to the
Status of National Human Rights Institutions. It shall be attached to the Commission on
Human Rights (CHR) solely for budgetary purposes. It shall function separately from the
CHR and discharge its mandate independent of government under this Act.

SEC. 5. Objectives,—The National Committee for Prevention of Torture shall have
the following objectives:


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Carry out regular, unannounced visits to places of deprivation of liberty and open
up otherwise obscure places to independent public scrutiny to condition custodial
authorities to consistently perform their duties within the bounds of official and
legal procedures and standards so that torture and ill-treatment can be prevented;

Undertake preventive monitoring visits to examine and assess policies, procedures
and practices in places of deprivation of liberty and identify the risks that give rise
to torture and ill-treatment with a view of strengthening the protection of persons
deprived of their liberty and improving their material living conditions in
accordance with the UN Standard Minimum Rules on the Treatment of Prisoners
(SMRTP) and existing obligations and standards set by the UNCAT;

Review national laws, policies and procedures that relate to the treatment, well-
being and rights of persons deprived of their liberty and recommend for their
repeal or amendment or the enactment of laws with the view of strengthening the
protection against torture and cruel, inhuman or degrading treatment or
punishment;

Submit observations and recommendations in relation to the visit conducted and
review undertaken under subsections (b) and (¢), respectively of this Section, to
relevant authorities so that these may be rendered into concrete implementation
measures;

Require relevant and competent authorities to examine its recommendations, and
enter into a dialogue with the NCPT to discuss implementation measures and to
fulfill agreed upon positive actions toward reforms, and whenever necessary,
providing them the needed technical assistance;

Consider requests for visits based on reports by civil society or any other group ot
individual recommending policy, procedural or practice reforms in a place of
deprivation of liberty;

Promote public awareness on its work as an NPM and the system of preventive
monitoring visits, the right to be free from torture and cruel, inhuman or
degrading treatment or punishment and the rights of persons deprived of their
liberty:

Train and capacitate relevant authorities charged with the treatment of persons
deprived of their liberty;

Carry out its work within the framework of the United Nations’ Charter and shall
be guided by the purposes and principles thereof, as well as the norms of the
United Nations concerning the treatment of people deprived of their liberty, and
shall be equally guided by the principles of confidentiality, impartiality, non-
selectivity, universality and objectivity; and

Take effective practical steps and measures to comply with existing obligations
and standards set forth by the UNCAT, SMRTP, and the OPCAT, the NCPT



being an operations instrument more than one that prescribes new obligations and
standards.
SEC. 6. Guarantees of the NCPT.—The Executive, Legislative and Judicial branches
of government shall guarantee the NCPT the following:

a, Full and unrestricted access to all information concerning the number of persons
deprived of their liberty in places of deprivation of liberty, as well as the number
of places and location;

b, Full and unrestricted access to all information referring to the treatment of those
persons as weil as their conditions of detention;

c. Full and unrestricted access to all places of deprivation of liberty and their
installation and facilities;

d. Liberty to conduct private interviews with persons deprived of liberty without
witnesses, either personally or with a translator if deemed necessary, as well as
with any other person who in the discretion of the Committee possesses relevant
information;

e. Liberty to choose the places to visit and persons to interview, and when these
should take place:

25 f, Freedom for its members to be accompanied, if needed, by an expert with relevant

26 expertise, experience and knowledge as the Chairperson may determine, on visits

27 to places of detention;

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29 g. Freedom to determine its own rules and procedures, including its programs of

30 visits;

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32 h. Liberty to require competent Philippine authorities concerned to examine the

33 recommendations of the NCPT and enter into a dialogue with it on possible

34 implementaion measures;

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36 i. Liberty to require relevant government agencies to fulfill their recommendations

37 by implementing measures accordingly;

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39 J. Freedom to promote public awareness on its work as an NPM and the system of

40 preventive monitoring visits, the right to be free from torture and cruel, inhuman

cat or degrading treatment or punishment and the rights of persons deprived of their

42 liberty; and,

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44 k. Freedom to publish regular and annual reports and information, education and

45 communication materials and have these disseminated nationwide.

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47 SEC. 7. Powers uf the NCPT.—The NCPT shall have the following powers:

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49 a, Conduct regular, unannounced visits to places of deprivation of liberty to prevent

50 torture and other, cruel inhuman or degrading treatment or punishment;


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Examine and assess during visits the custodial policies, procedures and practices
and all other aspects relevant to the treatment and material living conditions of
persons deprived of their liberty, in order to identify risks that give rise to torture
and cruel, inhuman or degrading treatment, and find practical ways to improve
their well-being and protect their rights;

Examine and review national laws, policies and procedures that relate to the
treatment, well-being and rights of persons deprived of their liberty and propose
the amendment, repeal or enactment of laws with the view of strengthening the
protection against torture and cruel, inhuman or degrading treatment or
punishment;

Submit to the CHR, House of Representatives, the Senate, and the President its
observations, recommendations and proposals telating to the rights and protection
of persons deprived of their liberty, and provide relevant authorities with the same
for the latter to undertake the necessary implementation measures;

Refer for investigation to the CHR or the appropriate investigative agency of
government, any complaint made by a person deprived of liberty with his/her
consent or any factual incident of torture, ill-treatment or other human rights
violation or abuse it discovers during its visits;

Work, where appropriate, in cooperation or consultation with any person or body,
Whether public or private, in connection with the discharge of any of its functions
under this Act and the OPCAT;

Maintain direct, and if necessary, confidential contact with the SPT to strengthen
the NCPT"s capacity and mandate for the prevention of torture and other cruel,
inhuman or degrading treatment or punishment and the protection of persons
deprived of liberty;

Publish information covered by its visitation of the matters mentioned in
paragraphs (a), (b), (¢), (d), and (e) hereof, when circumstances so warrant, and
with due prudence: Provided, That the NCPT under its rules and regulations and
having high regard for confidentiality rules and informed consent, may determi
what information is confidential and may not be made public: Provided further,
That any publicity issued by the said Board shall be balanced, fair and true.
However, the NCPT shall not publish or pass on personal data relating to any
person without the latter’s express consent; Provided finally, That this section
shall be in accordance with the existing laws on confidentiality;

Promote publiv awareness through publication and dissemination of information
and education materials on its work as the NCPT, the right to be free from torture
and cruel, inhuman or degrading treatment or punishment, and the rights of
persons deprived of their liberty; and,

Submit an independent annual report to be received, published and disseminated
by governmen’, which shail include an annual budget and expenditures report.


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SEC. 8. Composition—The NCPT shall be a collegial body composed of one (1)
Chairperson and eight (8) board members. The Chairperson and seven (7) members of the
board shall be appointed by the President. One (1) of the eight (8) board members shall be a
Commissioner from the CHR who shall have voting privileges as the other members of the
board.

The Members of the Committee shall act and be guided by the principles of
confidentiality, impartiality, non-selectivity, universality and objectivity

The Committee Members shall possess the following qualifications:

Shall be independent from all branches of government;
b. Shall be of high moral character, recognized probity, competence, and integrity;

c. To ensure multi-disciplinary and pluralistic representation, the composition of the
Board shall include members with proven professional knowledge and experience
in the field of human rights, law, medicine, psychology, psychiatry, forensic
science, prison management, employment, industrial relations, police
administration, education, sociology, or social work:

1) At least two (2) members must be members of the Philippine bar who have
been engaged in the practice of law for at least seven (7) years;

2) One (I) member must be a doctor who has engaged in the practice of
medicine in the fields of psychiatry, forensics or other related fields, for at
least seven (7) years;

3) One (1) member must have a doctorate degree in any of the fields of
psychology, anthropology or other related disciplines, and must have engaged
in the practice of her profession for at least seven (7) yea!

4) At least two (2) members must come from civil society organizations engaged
advocacy work for at least seven (7) years for the rights of persons deprived
of liberty; and,

5) At least two (2) members must possess expertise in the administration of
justice, criminal law, prison or police administration;

d. Must have a clear, broad, and deep understanding and commitment to human
rights protection, promotion, and advocacy.

Further, the composition of the Committee must observe a balanced gender
representation on the basis of the principles of equality and non-discrimination and adequate
representation of ethnic and minority groups.

‘The President shall give highest priority to the endorsements and recommended
candidates of civil society groups with long standing backgrounds and practice in the
advancement of the rights of and welfare of persons deprived of their liberty and prevention
of torture and ill-treatment


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SEC. 9 Term of the Committee Members —The Committee members shall serve for
a term of five (5) years. To ensure that the NCPT is a continuing body, the first batch of
appointments shall be on a staggered basis. ‘The Chairperson shall be appointed for a term of
five (5) years. The first two (2) members to be appointed shall hold office for five (5) years,
the next three (3) members shall hold office for four (4) years and the last three (3) members
shall hold office for three (3) years. Succeeding appointments shall serve for five (5) years
without reappointment, In no case shall they be appointed, reappointed or designated in a
temporary or acting capacity.

The Committee shall organize itself within sixty (60) days from the completion of
the appointment process of all committee members and shall thereafter organize its
Secretariat,

SEC. 10. Salaries, Emoluments and Benefits. - The Chairperson and members of
the board shall have the rank, salary, emoluments and allowances equivalent to the
Associate Justice of the Court of Appeals and Judges of the Regional Trial Court,
respectively.

SEC. 11. Removal from Office. —The Chairperson and members of the Committee
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;

e) Commission cf any offense involving moral turpitude or an offense punishable by
imprisonment of more than six (6) years; and

f) Abuse of authority

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

The Office of the Ombudsman shall act on the complaint and conduct the necessary
investigation and hearing. Thereafter, the Office of the Ombudsman shall dismiss the
complaint or declare the removal from office of the Chairperson or member of the
Committee within one hundred twenty (120) days from the date of filing of the complaint.

In deciding upon « complaint for removal from office, the Office of the Ombudsman
shall not impose any lesser penalty or disciplinary action such as suspension, censure, ot
reprimand other than removal from office.

SEC. 12. Organizational Structure of the NCPT.—The organizational structure of the
NCPT shall consist of the Committee and its Secretariat.

The Committee saall be assisted by a Secretariat, which shall be composed of an
Executive Director and at least two (2) Deputy Directors~ one (1) for Operations and one (1)
for Administrative and Finance matters — together with their respective technical staff and


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field units that shall be established to support and follow-up the regular visits undertaken by
the NCPT Members.

The Executive Director and his Deputies shall have expertise in human rights
specializing in fields relevant to the treatment of persons deprived of liberty.

The Committee shall appoint the Executive Director and Deputy Directors. The
Chairperson shall appoint all other officers and staff of the NCPT.

Whenever necessary, the Committee may hire additional contractual emplo:
contract the services of an expert with the relevant professional experience, expertise, and
knowledge, to assist in the discharge of its functions under this Act. Provided, That the
maximum contract amount per year shall not exceed more than fifteen percent (15%) of the
total annual operating budget of the Committee.

SEC. 13, Relationship and Cooperation with Government and Civil Society
Organizations. —The NCPT shall apply a human-rights based approach in the performance
of its mandate and functions, maintain direct regular contact with and encourage open and
constructive dialogue with the SPT, civil society organizations, media and other national,
regional 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 the recommendations, proposals, and other requests of the NCPT in the conduct of theit
mandate.

SEC. 14. Confidentiality.—Personal information collected by the NCP shall be
confidential. No personal data shall be published without the express consent of the
individual concerned. The rules on confidentiality shall be in accordance with the existing
laws applicable herein

SEC. 15. Protection from Criminal Liability, Other Sanctions and Reprisals.—

> authority or official shall order, apply, permit or tolerate any sanction against
any person or organization for having communicated to the NCPT and the SPT
any information, and no such person or organization shall be otherwise prejudiced
in any way,

b) Relevant authorities shall take effective steps to prevent and promptly respond to
any sanctions or acts of reprisals stemming from communications to or
cooperation with the NCPT and the SPT.

©) No criminal, disciplinary or administrative sanction shall be taken against any
person for having communicated, in good faith, any information to the NCPT or
the SPT,

4) Anything done, or purported to be done, in good faith, and pursuant to the
functions and powers conferred under this Act or in respect of any publication by


or under the authority of the Committee of any report, proceedings or any other
matter under this Act shall not be a ground for action, suit or other legal
proceedings against the Committee or a member or officer of the Committee.

No protection from criminal liability, disciplinary or administrative sanction shall be
given to any Member or officer of the Committee where they may be finally adjudged in
any action or proceeding to be liable for gross negligence or misconduct, grave abuse of
discretion or abuse of authority.

SEC. 16. Private Legal Assistance, —The Committee Members, Officers and Staff of
the NCPT are hereby authorized to engage the services of private lawyers or extend counsel
immediately upon receipt of notice that an administrative, civil, criminal action, suit or
proceeding is filed against them. ‘The lawyer's fee shall be part of the indemnification
package for the NCPT Members, Officers and Staff, subject to the provisions of Section 17
hereof.

SEC. 17. Indemnification of NCPT Committee Members, Officers, and Staffi—There
shall be an indemnification package for the Committee Members, Officers, and Staff, which
may be in the form of free legal assistance, liability insurance, and other forms of protection
and indemnification for all costs and expenses reasonably incurred by such persons in
connection with any administrative, civil or criminal action, suit or proceeding to which they
may be, or have been made a party by reason of the performance of their functions or duties,
unless they are finally adjudged in such action or proceeding to be liable for gross negligence
or misconduct, grave abuse of discretion or abuse of authority.

SEC. 18. Information Sheet on Persons Deprived of their Liberty and Places of
Deprivation of Liberty.—The Philippine National Police (PNP), the Bureau of Corrections
(BuCor), the Bureau of Jail Management and Penology (BJMP), the Department of Social
Welfare and Development (DSWD), provincial government units with control or supervision
of jails and other government or private institutions with with jurisdiction, contro! and/or
oversight of places of deprivation of liberty shall make an updated information sheet of all
deprivation of liberty facilities under their respective jurisdiction with the corresponding data
on the persons deprived of their liberty under their custody, such as, among others, names,
date of deprivation of liberty, exact reason for deprivation of liberty and the conditions in the
places of deprivation of liberty, Such information sheet shall be periodically updated by the
same agencies and institutions within the first five (5) days of every month at the minimum,
The format of the information sheet shall be prescribed by the NCPT and transmitted to the
agencies and institutions at the soonest possible time. The list prescribed by Section 7 of RA
9745 shall also be submitted to the NCPT within the first five (5) days of every month at the
minimum.

SEC. 19. Other Organizations Conducting Visits to Places of Deprivation of
Liberty—The provisions of this Act and the establishment of the NCPT shall be without
prejudice to the importance of visits to places of deprivation of liberty regularly undertaken
by other groups such as local and international non-government organizations, lay persons
groups, faith-based organizations and government mechanisms working for the well-being
and protection of persons deprived of their liberty.

SEC. 20. Public Education, Information and Awareness Campaign —The NCPT. in
partnership with the Philippine Information Agency (PIA), the CHR, the Department of


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Interior and Local Government (DILG), other government departments and local government
units and agencies with jurisdiction, control and/or oversight of places of deprivation of
liberty, and such other concerned parties in both the public and private sectors shall inform
the public, persons in authority and agents of persons in authority on the existence of the
NCPT, the SPT, the OPCAT, the rights of persons deprived of their liberty, the importance of
preventive visits, the need to cooperate with the said visiting bodies and implement measures
based on their recommendations, This shall be done through a programmatic nationwide
awareness-raising campaign, and in line with Section 21 of RA 9745, shall be included in the
training of law enforcement personnel, civil or military, medical personnel, public officials
and other persons, whether public or private, who may be involved in the custody,
interrogation or treatment of any individual subjected to arrest, detention, imprisonment or
any form of deprivation of liberty. Furthermore, authorities shall make use of popular media
such as government-owned TV and radio as well as other such resources at its disposal in
undertaking the public information and education campaign. The Department of Education
(DepEd) and the Commission on Higher Education (CHED) shall also include information
on the OPCAT, SPT, NCPT and the preventive monitoring methodology in the integration of
human rights education courses in all primary and tertiary level academic institutions
nationwide in line with Section 21 of RA 9745.

SEC. 21. Appropriations. —The Committee shall have an initial budget of One
Hundred Million Pesos (PHP100,000,000.00) for maintenance and other operating expenses
to be sourced from the President's Contingency Fund under the Presidential Social Fund.
Subsequent funding requirements shall be included in the annual General Appropriations
Act.

This budget shall not be utilized for any other purpose apart from NCPT work as
determined by the NCPT Committee, in accordance with law

SEC. 22. Implementing Rules and Regulations.—The Committee shall formulate the
Implementing Rules and Regulations (IRR) within ninety (90) days from the time the
Committee first convened. The Committee shall coordinate with the CHR, DILG,
Department of Health (DOH), Department of Social Welfare and Development (DSWD),
Department of Justice (DOJ), Department of National Defense (DND), Philippine National
Police (PNP), and other relevant government agencies and civil society organizations (CSOs)
working in the various fields relevant to the treatment of persons deprived of their liberty

‘The IRR shall be effective after fifteen (15) days following its publication in the
Official Gazette or in two (2) newspapers of general circulation.

SEC 23. Periodic Review. — Within five (5) years after the effectivity of this Act,
and every five (5) years,thereafter, or as the need arises, the Congress of the Philippines shall
conduct a comprehensive review of its implementation, and a systematic evaluation of the
performance and functioning of the NCPT, in order to highlight its accomplishments and
impact on the protection of persons deprived of their liberty. To carry out these tasks,
Congress shall ensure participative and multi-sectoral dialogues with stakeholders which
shall include civil society organizations, survivors of torture and their families, relevant
government authorities involved in the treatment of persons deprived of their liberty and the
administration of places of deprivation of liberty.



BeovudsMeune

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SEC. 24. Separability Clause. —If any provision of this Act is held unconstitutional,
other provisions not affected thereby shall remain valid and binding.

SEC. 25. Repealing Clause.—All laws,
executive orders, rules and regulations insofar
hereby deemed repealed or modified accordingly

residential decrees, letters of instructions,
they are inconsistent with this Act, are

SEC. 26, Effectivity—This Act shall take effect after (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Adopted.