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

TWENTIETH CONGRESS
FIRST REGULAR SESSION

HOUSE BILL NO. 348

Introduced by Representative
ZIAUR-RAHMAN “ZIA” ALONTO ADIONG

EXPLANATORY NOTE

Every year, countless families in the Philippines are forced to flee their homes due to
armed conflict, natural disasters, and violence. These individuals, known as internally
displaced persons (IDPs), are often left without basic necessities and face severe
challenges in rebuilding their lives. The "Rights of Internally Displaced Persons Act"
seeks to ensure that these individuals receive the protection, assistance, and support
they need to live with dignity and security. This bill calls for the government to take
responsibility for safeguarding the rights of IDPs and providing them with the means
to recover from the trauma and hardship they have experienced.

The bill establishes a clear legal framework that requires the state to guarantee
essential services, including food, shelter, healthcare, and education, for IDPs. It
ensures that they are not discriminated: against in any form and are provided with
equal rights under both international and domestic law. Moreover, the bill mandates
that IDPs are protected from violence, exploitation, and abuse, and outlines strict
penalties for any acts that result in arbitrary displacement. This legislation affirms
that the rights of IDPs must be upheld, and that their safety and well-being are of
paramount importance.

At its core, this bill emphasizes that internal displacement is not a permanent state
but a temporary situation that must be addressed with urgency and care. It outlines
measures for the safe and voluntary return of IDPs to their homes, local integration,
or resettlement in new areas, ensuring they are fully supported throughout the
process. By enacting this law, the government commits to providing long-term
solutions for those whose lives have been disrupted, offering them a path to recovery,
stability, and hope for the future. This bill is not just about legal protections; it is a
moral obligation to restore the rights and dignity of those who have been displaced.

This bill was passed on third reading by the House of Representatives during the
Nineteenth Congress.

In light of the above, the immediate approval of this bill is respectfully requested.

1st Distrig, Lanao del Sur


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

TWENTIETH CONGRESS
FIRST REGULAR SESSION

HOUSE BILL NO. 348

Introduced by Representative
ZIAUR-RAHMAN “ZIA” ALONTO ADIONG

AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND
PENALIZING THE ACTS OF ARBITRARY INTERNAL DISPLACEMENT

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 the “Rights of Internally
Displaced Persons Act.”

SEC. 2. Declaration of Principles and State Policies. - Consistent with the
principles enshrined in the 1987 Constitution, the standards set by the International
Humanitarian Law (IHL) and human rights laws, international treaties and
conventions adhered to by the Philippines, and international customary law, including
the United Nations’ Guiding Principles on Internal Displacement (UNGPID), and other
humanitarian standards, it is hereby declared a State policy to adopt a human rights-
based approach for the promotion and protection of the rights of internally displaced
persons (IDPs) in situations of armed conflict, generalized and/or organized violence,
clan wars, violations of human rights, implementation of development projects,
natural, human-induced and human-made hazards.

When armed conflict of a non-international character is inevitable, the State shall
ensure the promotion and protection of the rights of the citizens who are non-
combatants and who shall enjoy in full equality, the same rights and freedom under
international and domestic law as do other persons in the country. These citizens
shall not be discriminated against in the enjoyment of any rights and freedoms on
the ground that they are internally displaced.

The State shall likewise ensure that the IDPs shall be protected from any form of
discrimination or persecution and shall prioritize their rehabilitation and reintegration
to society.

SEC. 3. Defi

jon of Terms. - As used in this Act:

(a) Apartheid refers to inhumane acts committed in the context of an
institutionalized regime of systematic oppression and domination by one (1) racial
group or groups and committed with the intention of maintaining that regime;


(b) Arbitrary Internal Displacement refers to an act of displacement or any other
coercive act committed by any person or group/s of persons and directed against the
civilian population, which is contrary to law, good morals, public order, or public
policy, or committed with abuse of authority, oppressive or wanton disregard of the
right to life, liberty or property and abode of the residents, whether permanent or
temporary, of an area in which they are lawfully present, which causes displacement
and characterized by those situations as defined under Section 8 of this Act;

(c) Armed Conflict refers to any use of force or armed violence between States or
protracted armed violence between governmental authorities and organized armed
groups or between such groups within that State: Provided, That such force or armed
violence gives rise, or may give rise, to a situation to which the Geneva Conventions
of 12 August 1949, including their common Article 3, apply. Armed conflict may be
international, that is, between two (2) or more States, including belligerent
occupation; or non-international, that is, between governmental authorities and
organized armed groups or between such groups within a State. It does not cover
internal disturbances or tensions such as riots, isolated and sporadic acts of violence,
or other acts of a similar natu

(d) Children refer to persons below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental disability or
condition;

(e) Conflict-affected Areas refer to communities where (a) there are actual armed
encounters between the government forces and political armed groups, or (b) where
political armed groups dominate the state of affairs of the community, or (c) where
other forms of violent conflicts exist;

(f) Conflict-vulnerable Areas refer to communities that are proximate to conflict-
affected areas, where possible side-stepping of armed group or groups is imminent.
It can also include geographically isolated and disadvantaged areas (GIDA) whose
resources, actual or symbolic, are deemed valuable by the political armed group;

(g) Clan War refers to any conflict characterized by sporadic outbursts of retaliatory
violence between and among families, kinship groups, and communities;

(h) Durable Solution refers to a situation where the internally displaced persons no
longer have any specific assistance and protection needs that are linked to their
displacement and can enjoy their human rights without discrimination on account of
their displacement: Provided, That durable solutions are always understood to be
determined upon consultation with the internally displaced persons and communities
as well as the groups and individuals assisting them;

(i) Enforced Disappearance refers to the arrest, detention, abduction or any other
form of deprivation of liberty committed by agents of the State or by persons or
groups of persons acting with the authorization, support or acquiescence of the State,
followed by a refusal to acknowledge the deprivation of liberty or by concealment of
the fate or whereabouts of the disappeared person, which places such person outside
the protection of the law;

(j) Ethnic Cleansing refers to an act of one ethnic or religious group to remove the
civilian population of another ethnic or religious group from a certain geographic area
by using force, threat, or intimidation, or deception to a person or groups of peoples
in areas ethnically homogenous, such as Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs), or religious groups to be removed
from a given area, their place of abode or territories that they have occupied since
time immemorial;


(k) Generalized and/or Organized Violence refers to the purposeful and
systematic use of terror and brutality to control individuals, groups and communities,
using overwhelming force, and is characterized by widespread, massive, or sufficient
intensity, causing arbitrary internal displacement of persons or communities. Its
methods include causing severe pain and suffering, killing, intimidating, threatening
and, in some cases, destroying a community, ethnic group or political opposition;

()) Imperative Military Necessity refers to the principle of military necessity in
International Humanitarian Law, which permits measures that are actually necessary
to accomplish a legitimate military purpose and are not otherwise prohibited in
international humanitarian law;

(m) Implementation of Development Projects refers to the carrying out of any
undertaking or activity aimed at economic, social, or political growth, advancement,
and expansion that results or may result in the arbitrary internal displacement of
persons: Provided, That the term does not include projects that have undergone
consultation with and secured the consent of the affected communities and those that
are legitimate resettlement schemes and/or programs, including expropriation of
property by the government. Reference to the Kampala Convention shall serve as
guide in the State’s obligations in development projects, which states that:

(1) States Parties, as much as possible, shall prevent displacement caused by
projects carried out by public or private actors;

(2) States Parties shall ensure that the stakeholders concerned will explore feasible
alternatives, with full information and consultation of persons likely to be displaced
by projects;

(3) States Parties shall carry out a socioeconomic and environmental impact
assessment of a proposed development project prior to undertaking such a project;

(n) Internal Displacement refers to the involuntary movement or forced
evacuation or expulsion of any person or group of persons who flee or leave their
homes or places of habitual residence, within the national borders, as a result of or
in order to avoid or minimize the effects of armed conflict, situations of generalized
and/or organized violence, violations of human rights, implementation of
development projects, natural, human-induced and human-made hazards;

(0) Internally Displaced Person (IDP) refers to any person or group of persons
who has or have been forced or obliged to flee or to leave their homes or places of
habitual residence within the national borders and who have not crossed an
internationally recognized State border, as a result of, or in order to avoid or minimize
the effects of armed conflict, situations of generalized and/or organized violence,
violations of human rights, implementation of development projects, clan wars,
natural, human-induced and human-made hazards;

(p) Order of Battle refers to any document made by the military, police or any law
enforcement agency of the government, listing the names of persons and
organizations that are perceived to be enemies of the State and are considered as
legitimate targets as combatants that it could deal with, through the use of means
allowed by domestic and international law;

(q) Sexual Abuse means the actual or threatened physical intrusion of a sexual
nature, whether by force or under unequal or coercive conditions;

(r) Sexual Exploitation means any actual or attempted abuse of a position of
vulnerability, differential power, or trust, for sexual purposes, including, but not
limited to, profiting monetarily, socially, or politically from the sexual exploitation of
another;


(s) Vulnerable and Marginalized Groups refer to those that face higher exposure
to disaster risk and poverty including, but not limited to, women, children, youth,
elderly, persons with disabilities (PWDs) and ICCs/IPs.

SEC. 4. Scope. - This Act shall primarily provide for the protection of rights of IDPs
during and after displacement, as well as their safe, voluntary, and dignified return,
local integration, or resettlement elsewhere in the country. This Act shall likewise
cover arbitrary internal displacement of civilians as a result of or in order to avoid the
effects of armed conflict, situations of generalized and/or organized violence,
violations of human rights, implementation of development projects, natural, human-
induced, and human-made hazards.

This Act covers relevant domestic laws, such as Republic Act No. 11188 or the
“Special Protection of Children in Situations of Armed Conflict Act”; Republic Act No.
8371 or “The Indigenous Peoples’ Rights Act of 1997”; Republic Act No. 9851 or the
*Philippine Act on Crimes Against International Humanitarian Law, Genocide, and
Other Crimes Against Humanity”; and Republic Act No. 10821 or the “Children’s
Emergency Relief and Protection Act”, among others. To address the risks involved
in natural hazards and the overall impact of climate change and global warming on
the rights of those who are internally displaced, due reference shall be made to the
pertinent provisions of Republic Act No. 9729 or the “Climate Change Act of 2009";
Republic Act No. 10121 or the “Philippine Disaster Risk Reduction and Management
Act of 2010"; Republic Act No. 10821 or the "Children’s Emergency Relief and
Protection Act”; Republic Act No. 11188 or the “Special Protection of Children in
Situations of Armed Conflict Act”, and other relevant laws.

SEC. 5. Primary Duty to Protect the IDPs. - The State has the primary duty and
responsibility to provide protection and humanitarian assistance to IDPs. As such,
State authorities, including local government units (LGUs) and parties to an armed
conflict, irrespective of their legal status and applied without any adverse distinction,
shall respect and ensure compliance with their obligations under international law,
including IHL, human rights laws, and other relevant domestic laws, so as to prevent
and avoid conditions that might lead to the arbitrary internal displacement of
persons.

SEC. 6. Protection of Rights of IDPs During and After Displacement. - IDPs
shall enjoy, in full equality, the same rights and freedoms under international and
domestic law as do other persons in the Philippines. They shall not be discriminated
against in the enjoyment of any rights and freedoms on the ground that they are
internally displaced, or on any grounds such as race, color, sex, language, religion or
belief, political or other opinion, national, ethnic or social origin, legal or social status,
age, disability, property, birth, or on any other similar criteria.

The following rights of IDPs shall be protected and upheld during and after their
displacement whether found inside or outside evacuation centers:

(a) Provision and Access to Basic Necessities. - At the minimum, regardless of
the circumstances, and without discrimination, the national and local governments
shall provide IDPs with and ensure safe access to:

1. Essential and adequate food and nutrition;

2. Water sanitation, hygiene facilities, including menstrual hygiene management
requirements, and potable water;

3. Dignified, adequate, and safe shelter and housing in accordance with
international and domestic standards;


. Legal assistance such as, but not limited to, legal advice and documentation;
. Appropriate clothing;

. Essential medical and dental services and sanitation, including psychological
and social services, and essential drugs and medicines;

. Other humanitarian needs, including support to persons with specific needs,
mother-child-friendly facilities to include, but not limited to, breastfeeding
stations, temporary learning places, place of worship;

. Due consideration in the processing of permits in the use of parcels of lands
for temporary residential or commercial use by IDPs;

. Mitigation, prevention, and response measures to protect displaced
populations especially women, children, and youth, among others, from all
forms of violence, exploitation, abuse, neglect, and discrimination.

(b) Protection Against Criminal Offenses and Other Unlawful Acts.

It shall be unlawful to commit any of the following acts against IDPs in all
circumstances:

© murder;

©. hostage taking;

© summary or arbitrary execution and enforced disappearance, including
abduction or unacknowledged detention, threatening or resulting in
death; and

©. unlawful confinement;

2. Attacks or other acts of violence against IDPs who do not or no longer

participate in hostilities shall be prohibited in all circumstances, without
prejudice to being held liable for any offense committed by them. In
particular, IDPs shall be protected against:

© direct or indiscriminate attacks or other acts of violence, including the
creation of areas wherein attacks on civilians are permitted;

©. starvation as a method of combat;

© their being used to shield military objectives from attack, or to shield,
favor or impede the operations of military, police or any armed group;

©. attacks against any evacuation center, facility, encampment, or other
settlements; and

© use of anti-personnel landmines;

3. IDPs shall be protected in particular against:

© rape and other outrages upon personal dignity, such as forced
prostitution, trafficking of persons, any act of gender-specific violence,


or any form of indecent assault;

© mutilation, torture, cruel, inhumane or degrading treatment or
punishment;

©. any form of violence against children, such as trafficking, forced labor
or sexual exploitation and other violations of children’s rights;

©. slavery or any contemporary form of slavery, such as sale into
marriage, sexual exploitation or forced labor of children;

© acts of violence intended to spread terror among IDPs.
Threats and incitement to commit any of the foregoing acts under
paragraph (b), subsections (1) and (3) herein shall be prohibited;

4. IDPs shall not be interned in or confined in any evacuation center, facility,
encampment, or other settlement. If in exceptional circumstances such
internment or confinement is necessary, it shall not last longer than what is
required by the circumstances, as may be determined by the Commission on
Human Rights (CHR), in close coordination and consultations with the
military and law enforcement agencies conducting operations, and other
concerned agencies of the government;

5. IDPs shall be protected against discriminatory practices of recruitment into
the Armed Forces of the Philippines (AFP), law enforcement agencies, or any
armed group as a result of their displacement. In particular, any cruel,
inhumane, or degrading practice that compel compliance or punish
noncompliance with recruitment shall be prohibited in all circumstances.

(c) Freedom of Movement.

1. Every IDP has the right to liberty of movement and the right to choose
residence and move freely in and out of any evacuation center, encampment,
or other settlements. Restrictions on movement shall be introduced only in
exceptional circumstances, such as national emergencies, pandemics, and
those of similar nature, subject to any lawful and reasonable order which
must be issued in writing by the government;

2. IDPs, whether or not they are living in an evacuation center, encampment, or
other settlements, including home-based settings, shall not be discriminated
against in the enjoyment of the rights to:

© enjoy freedom of thought, conscience, religion or belief, opinion, and
expression;

© seek freely opportunities for employment and to participate in
economic activities;

©. associate freely and participate equally in community affairs;

© vote and participate in governmental and public affairs, including the
right to have access to the means necessary to exercise these rights;

© communicate in a language they understand;


3. IDPs have the right to:
© seek safety in another part of the country;
© leave the country;
© seek asylum in another country;

© be protected against forcible return or resettlement in any place where
their lives, safety, liberty and/or health would be at risk;

(d) Recognition, Issuance, and Replacement of Documents. - The authorities
concerned shall issue to the IDPs all documents necessary for the enjoyment and
exercise of their legal rights. In particular, these authorities shall facilitate the
issuance of new documents or the replacement of documents lost in the course of
displacement, without imposing unreasonable conditions, such as requiring the return
to one’s area of habitual residence in order to obtain their documents and without
discrimination against men and women, who shall have equal rights to obtain and to
be issued the same in their own names: Provided, however, That pending the release
or access of such documentation from the authorities, the enjoyment and exercise of
legal rights of the IDPs will not be suspended.

(e) Family Unity and Missing Persons.

1, Members of internally displaced families who wish to remain together shall be
allowed to do so. Families that are separated by displacement and whose
personal liberty have been restricted by internment or confinement in any
evacuation center, facility, encampment or other settlements should be
reunited immediately, with appropriate measures taken to expedite the
reunion, particularly when children are involved;

2. The State shall facilitate inquiries made by family members and encourage
and cooperate with the work of international and local humanitarian
organizations engaged in the task of family reunification such as the
International Committee of the Red Cross (ICRC) and the International Red
Cross and Red Crescent Movement;

3. IDPs have the right to know the status and whereabouts of their missing
relatives. The authorities concerned shall endeavor to establish the status
and whereabouts of IDPs reported missing and cooperate with relevant
international organizations engaged in this task. They shall inform the next-
of-kin on the progress of the investigation and notify them of any result;

4, The authorities concerned shall endeavor to collect and identify the mortal
remains of the deceased, prevent their despoliation or mutilation and
facilitate the return of those remains to the next-of-kin or dispose of them
respectfully according to customs and tradition;

5. Grave sites of IDPs shall be protected and respected in all circumstances and
shall have the right of access to the grave sites of their deceased relatives.

SEC. 7. Assistance During Displacement of IDPs. - The primary duty and
responsibility for providing humanitarian assistance to IDPs lie with the State, in close
collaboration with the LGUs exercising territorial jurisdiction over the affected area/s.
As such, the military and law enforcement agencies conducting operations, the
Department of Social Welfare and Development (DSWD), the Department of Health
(DOH), the local government hospitals, the LGUs concerned, and other appropriate


government agencies shall provide immediate relief and humanitarian assistance to
IDPs, families, and communities.

The Public Attorney’s Office (PAO) shall immediately coordinate with the
abovementioned agencies for the provision of legal assistance to the IDPs.

Humanitarian assistance to IDPs shall not be diverted, suspended, or diverted for any
political or military reason, All authorities concerned shall grant and facilitate the free
passage of humanitarian assistance to the IDPs and ensure rapid, safe, and
unimpeded access of persons engaged in giving such assistance, their transport, and
supplies to the displaced communities. Persons engaged in humanitarian assistance,
including their transport, shall not be the objects of attack or other acts of violence.

All concerned authorities shall assist the IDPs in the restitution or recovery of their
property and possessions and shall provide or assist these persons in obtaining
appropriate financial assistance or other forms of just reparation.

The guarantees under this section shall likewise not be denied to civil society
organizations, people’s organizations, and similar groups who extend assistance to
the IDPs.

SEC. 8. Prohibited Acts of Arbitrary Internal Displacement. - The prohibited
acts of arbitrary internal displacement shail include those committed:

(a) based on policies of apartheid, ethnic cleansing, or similar practices aimed at or
resulting in altering the ethnic, religious, or racial composition of the affected
population;

(b) in situations of armed conflict, unless the safety and security of civilians and
non-combatants are involved or imperative military reasons so demand;

(c) in cases of development projects, which have not secured the free and prior
informed consent (FPIC) of the concerned ICCs/IPs or those which are not justified
by compelling and overriding public interest and with proper implementation of
return, local integration, or resettlement elsewhere of affected IDPs, including just
compensation in view of expropriation proceedings;

(d) in cases of natural, human-induced, and human-made hazards, unless the
safety, security, and health of those affected require their evacuation;

(e) when used as a form of collective punishment;

(f) in cases of clan wars, unless the safety and security of those civilians not
involved in the conflict or violence are endangered; and

(g) in cases where there is malice, bad faith, gross negligence, or in any manner
causes a willful violation of the rights granted herein and other similar rights
provided by international human rights law and domestic |aws and policies.

‘An Order of Battle or any document of similar nature issued by the military or any
law enforcement agency of the government shall not justify arbitrary internal
displacement and shall subject the perpetrators to the penalties provided herein.

SEC. 9. Safeguards Against Arbitrary Internal Displacement. - If displacement
is inevitable under circumstances beyond control that pose hazardous and security
risks to the lives and properties of persons living in communities, displacement shall
not be carried out in a manner that violates the rights to life, liberty, dignity, security,
and property of those affected, irrespective of their legal status and applied without
any adverse distinction.

All concerned authorities, groups, and persons shall observe the following
safeguards against arbitrary internal displacement:

(a) All feasible alternatives shall be explored in order to avoid displacement. Where
no alternative exists, all measures shall be undertaken to minimize displacement
and its adverse effects on the population that will be affected;


(b) If displacement is inevitable, the authorities, pursuant to their respective
mandates and functions, shall ensure, to the greatest practicable extent, that
proper accommodation is effected in satisfactory conditions of safety, nutrition,
water and sanitation, and health and hygiene, and that members of the same
family, especially women and children, are not separated;

(c) Minorities, peasants, pastoralists, PWDs, and other groups with special
dependency on and attachment to their lands shall be protected from arbitrary
internal displacement. ICCs/IPs shall be protected from arbitrary internal
displacement. When displacement is considered necessary as an exceptional
measure, it shall take place only with the FPIC of ICCs/IPs concerned pursuant to
the provisions of Republic Act No. 8371 and existing guidelines on FPIC;

(d) In situations other than during the emergency stages of armed conflicts and
disasters, the following guarantees shall be complied with:

(1) Specific decision which shall be taken by the authority empowered by law to
order such measures;

(2) Full disclosure of information on the reasons and procedures for the
displacement and, when applicable, also on financial assistance and relocation;

(3) Free and informed consent of those persons to be displaced shall be sought;

(4) Authorities concerned shall endeavor to involve those affected, particularly
women, elderly persons, and PWDs, in the planning and management of their
return, local integration, or resettlement elsewhere;

(5) Law enforcement measures, when required, shall be carried out by competent
legal authorities, with proper observance of due process and respect for human
rights; and

(6) The right to an effective remedy, including the review of such decisions by
appropriate judicial authorities, shall be respected.

SEC. 10. Permanent Prohibition Against Arbitrary Internal Displacement. -
The prohibition against arbitrary internal displacement and the fundamental
safeguards for its prevention shall not be suspended under any circumstance,
including political instability, threat of war, state of war, or other public emergencies.

SEC. 11. Early Recovery Plan. - All LGUs shall craft their Early Recovery Plans
(ERPs) under the supervision of the Department of the Interior and Local Government
(DILG). In this regard, the appropriate bureau under the DILG and the CHR shall
jointly design the mechanism for providing technical assistance to LGUs, monitoring
the compliance of LGUs, and conducting the periodic review of the ERPs.

The authorities concerned shall endeavor to involve those belonging in the vulnerable
and marginalized sector in the planning and management of their return, local
integration or resettlement elsewhere.

SEC. 12. Return, Local Integration or Resettlement. - Competent authorities,
such as the military and law enforcement agencies conducting operations, the DSWD,
the DOH, the LGUs concerned, and other relevant government agencies, shall have
the primary duty and responsibility to establish conditions and provide durable
solutions as means for IDPs to return voluntarily, in safety and with dignity, to their
homes or places of habitual residence, or to resettle voluntarily in places of refuge
and/or in another part of the country, taking into consideration the right of IDPs to
choose a residence.

The CHR, through inclusive and extensive consultation, shall formulate a National
Strategy on Solutions to Internal Displacement, which will be presented for adoption
by the Inter-Agency Coordinating Committee.

The National Strategy shall be evaluated five (5) years from its adoption which shall
be the basis for the enhancement of the subsequent National Strategy. Said
authorities, including the CHR, shall likewise ensure prior consultations and full


participation of IDPs during and after the planning and management of their return,
local integration, or resettlement elsewhere.

SEC. 13. Development of Host Communities. - The State shall undertake the
continuous development of host communities by ensuring that the relevant
socioeconomic, infrastructure and public works, and other development and
investment plans, programs, and funding adequately and proportionately include the
specific needs and requirements of these communities and localities.

SEC. 14. Mechanisms for International Humanitarian Assistance. -
International humanitarian organizations, their local counterparts, and other
appropriate actors shall have the right to offer their services, including humanitarian
assistance, in support of the IDPs. These acts shall be considered done in good faith
and not as unfriendly acts or interference in the internal affairs of the government.
Consent thereto shall not be arbitrarily withheld, particularly when authorities
concerned are unable or unwilling to provide the required humanitarian assistance.

All authorities shall grant and facilitate the free passage of humanitarian assistance
and grant persons engaged in the provision of such assistance rapid and unimpeded
access to the IDPs. All humanitarian organizations and agencies which provide
assistance to IDPs shall respect relevant domestic laws, international standards, and
codes of conduct. They shall give due regard to the protection of the needs and
human rights of the IDPs. Such organizations conducting operations in any
emergency-affected areas, or are directly or indirectly interacting with the IDPs, are
prohibited from committing any acts of sexual exploitation and sexual abuse such as
but not limited to: (a) sexual activity with children, as defined under existing laws;
(b) use of sex in exchange of money, employment, goods or services including hiring
of prostitutes; and (c) any sexual relationship with beneficiaries that involves
improper use of position or authority. Humanitarian or aid workers shall uphold their
duty of care towards the displaced populations and shali maintain the trust of the
communities being served. They are obliged to create and maintain an environment
which prevents sexual exploitation and abuse.

The importation and donation of food, clothing, medicine and equipment necessary
for relief and assistance of IDPs are hereby authorized in accordance with Section
105 of the Tariff and Customs Code of the Philippines, as amended, as regards
national internal revenue taxes and import duties of national and local government
agencies, and the prevailing provisions of the General Appropriations Act (GAA).

SEC. 15. Penalties.
(a) The penalty of reclusion temporal in its minimum to medium period shall be
imposed upon any person or group of persons who commit the following:

1. Those who directly commit the act of arbitrary internal displacement;

2. Those who directly force, instigate, encourage, induce or incite others to
commit the act of arbitrary internal displacement;

3. Those who cooperate in the act of arbitrary internal displacement by
committing another act, without which the act of arbitrary internal
displacement would not have been carried out;

4. Those who cooperated in the execution of the act of arbitrary internal
displacement by previous or simultaneous acts;

5. Those commanding officers of the military, police or other law
enforcement agencies or other authorities, for acts of arbitrary internal


displacement committed by forces under their effective command and
control, or effective authority and control as the case may be, as a result of
their failure to exercise proper control over such forces, where the
commanding officers or authorities knew or, owing to the circumstances at
the time, should have known that the forces were committing or about to
commit such crimes, and failed to take all necessary and reasonable means
within their power to prevent or repress their commission, or to submit the
matter to competent authorities for investigation and prosecution;

6. In case the acts of arbitrary internal displacement are committed by a
corporation or a juridical entity, the members of the Board of Directors who
were present in the meeting and who actually voted for the approval of the
resolution or order directing the commission of arbitrary internal
displacement, and the corporate officers or agents who carried out such
resolution or order of the corporation shall each be criminally liable;

(b) The penalty of prision mayor in its minimum period shall be imposed upon those
who attempt to commit the offense of arbitrary internal displacement;
(c) The penalty of prision mayor in its minimum period shall be imposed upon
persons who, having knowledge of the act of arbitrary internal displacement and
without having participated therein, either as principals or accomplices, took part
subsequent to its commission by any of the following acts:

1. By themselves profiting from or assisting the offender to profit from the
effects of the act of arbitrary internal displacement;

2. By concealing the act of arbitrary internal displacement and/or destroying the
effects or instruments thereof, in order to prevent its discovery;

3. By harboring, concealing or assisting in the escape of the principal/s in the
act of arbitrary internal displacement.

SEC. 16. Applicability of the Revised Penal Code and Special Penal Laws. -
The provisions of the Revised Penal Code and other relevant special penal laws,
insofar as they are applicable, shall be suppletory to this Act.

SEC. 17. Non-prescription. - The crimes defined and penalized under this Act, their
prosecution, and the execution of sentences imposed on their account, shall not be
‘subject to any prescription.

SEC. 18. Jurisdiction of the Courts. - The proper and competent civilian courts
shall have jurisdiction over the offense of arbitrary internal displacement as defined
and penalized in this Act.

SEC. 19. Damages. - A court of competent jurisdiction shall determine the
damages inflicted against IDPs and direct the persons responsible for arbitrary
interna! displacement to award monetary compensation under the following
circumstances:

(a) Where the death of an individual victim occurs, the amount to be determined
by the court shall be granted to the legal heirs of the victim as a death benefit;

(b) Where physical, emotional, and/or psychological injury is caused to an
individual victim, actual and compensatory damages, including moral, nominal,
exemplary, and temperate damages resulting from such injury, shall be paid to the
victim. Upon a finding of such injury and distinct from the compensation for actual,
compensatory, moral, nominal, and/or temperate damages, such determination
shall also include a referral to the DOH and the DSWD for appropriate interventions


or services, including psycho-social intervention and rehabilitation;

(c) Cases for damages filed under this Act shall be considered as independent civil
action and summary in nature. The Supreme Court shall promulgate the necessary
rules and regulations to govern the procedure for cases filed in this manner.

SEC. 20. Financial Assistance to IDPs. - Whenever human rights violations are
caused to the IDPs as incidents or consequences of arbitrary internal displacement,
the necessary financial assistance for their reparation, return, local integration or
resettlement elsewhere shall be provided. The CHR shall enhance its existing financial
assistance program to include financial assistance for the purpose of facilitating the
reparation, return, local integration or resettlement elsewhere of IDPs.

Receipt of such financial assistance shall be without prejudice to the amount of
assistance granted under other government programs, such as the Victims’
Compensation Program of the Department of Justice (DOJ) by virtue of Republic Act
No. 7309, the relief assistance to IDPs by the DSWD, the DOH, and other similar
programs which may be made available to IDPs under existing laws, rules, and
regulations.

SEC. 21. Nonmonetary Reparation. - The DOH, the DSWD, the Department of
Education (DepEd), the Commission on Higher Education (CHED), the Technical
Education and Skills Development Authority (TESDA) and such other agencies shall
render necessary services as nonmonetary reparation for IDPs and their families as
may be determined, in coordination with the CHR, pursuant to the provisions of this
Act.

SEC. 22. Role of the CHR. - Pursuant to Article XII, Section 18(11) of the 1987
Constitution, the CHR is hereby designated as the institutional focal point for IDPs.
As such, the CHR shall have the following additional functions:

(a) To monitor IDP conditions through the development of a system to track
concerns, actions taken and other relevant information, and be the repositories of
child protection and protection from sexual exploitation and abuse policies to
ensure that IDP rights are respected, protected, and fulfilled in all phases of internal
displacement;

(b) To conduct public inquiries, document violations of human rights, assist IDPs in
seeking redress of grievances and work to ensure an effective response by the
concerned authorities;

(c) To investigate, on its own or on the complaint by any party, all forms of human
rights violations against IDPs involving civil and political rights, in accordance with
Section 18(1) of Article XIII of the 1987 Constitution; and when found in the
investigation that the filing of a case in court is warranted, request the assistance of
any department, bureau, office or agency, such as the National Prosecution Service
of the DOJ or the Ombudsman, by virtue of Executive Order No. 163, series of
1987;

(d) To render financial assistance at its sole discretion, as part of its existing
financial assistance program, as well as psycho-social interventions and similar
services to IDPs, and to issue necessary guidelines to implement the same;

(e) To recommend the grant of assistance to IDPs, by the other agencies of
government, taking into consideration their respective mandates and functions as
may be appropriate;

(f) To cite any person in contempt for violations of the orders issued by them in
accordance with the Rules of Court;

(g) To follow up on early warning and ensure effective measures to protect the
civilian population against arbitrary internal displacement;

(h) To advise the government on the rights of IDPs, formulate sound national
policy and legislation and to facilitate discussions to effectively address situations of
internal displacement;


(i) To undertake educational activities and training programs for State authorities,
including the AFP, the Philippine National Police (PNP), and LGUs;

(j) To hold public information drives on the protection and rights of IDPs, and
foster their participation in the decision-making process regarding issues that
concern them;

(k) To carry out such other acts that may be necessary to fully implement the
purposes of this Act.

SEC. 23. Monitoring of Compliance. - An inter-agency coordinating committee
shall be tasked to periodically monitor the compliance with this Act. The Committee
shall be co-headed by the Chairperson of the CHR and the Executive Director of the
National Disaster Risk Reduction and Management Council (NDRRMC). The
members of the group shall be composed of:

(a) Undersecretary, DSWD;

(b) Undersecretary, DepEd;

(c) Undersecretary, DILG;

(d) Undersecretary, DOH;

(e) Undersecretary, DO3;

(f) Undersecretary, Department of Human Settlements and Urban Development
(DHSUD);

(g) Undersecretary, Department of National Defense (DND);

(h) Undersecretary, Department of Environment and Natural Resources (DENR);
(i) Undersecretary, National Economic and Development Authority;

(j) Presidential Adviser, Office of the Presidential Adviser on Peace, Reconciliation,
and Unity;

(k) Commissioner, National Commission on Indigenous Peoples (NCIP);

(1) Chief Public Attorney, PAO;

(m) Executive Director, Council for the Welfare of Children;

(n) Chairperson, Presidential Commission for the Urban Poor (PCUP);

(0) Secretary, National Commission on Muslim Filipinos;

(p) Executive Director, Philippine Commission on Women (PCW);

(q) National Statistician and Civil Registrar General, Philippine Statistics Authority;
(r) Director General, TESDA;

(s) Commissioner, Bangsamoro Human Rights Commission; and

(t) Three (3) representatives from nongovernmental organizations (NGOs) with
experience in working with IDPs, nominated by a selection board composed of
human rights groups and NGOs.

The Committee shall work towards the collection of data on the number and
conditions of IDPs, leading to a database that will aid the government in efficient
planning and policy-making regarding issues affecting IDPs. The Committee shall
likewise prioritize the release of immediate financial assistance, allotted by its
component agencies, to those affected by internal displacement. The Committee shall
submit an annual report to the Joint Congressional Oversight Committee herein
created, within thirty (30) days at the end of each fiscal year which shall be the basis
for proposed amendments to existing legislation to improve the conditions of IDPs.

SEC. 24. Joint Congressional Oversight Committee. - A Joint Congressional
Oversight Committee (JCOC) is hereby created, composed of the Chairperson of the
Senate Committee on Justice and Human Rights and seven (7) other Senators
designated by the Senate President, and the Chairperson of the House Committee on
Human Rights and seven (7) other Members of the House of Representatives
designated by the Speaker of the House of Representatives: Provided, That of the
seven (7) Members to be designated by each House of Congress, four (4) shall
represent the Majority and three (3) shall represent the Minority. The Senate
President and the Speaker of the House of Representatives shall ensure the
representation of women legislators in the JCOC.


The JCOC shall also have the power to inquire into, summon and investigate the
Orders of Battle as defined under this Act, and/or any document of similar nature, as
well as the legal and factual justifications for the inclusion of specific persons and
groups in said Orders of Battle or similar documents. In this regard, the JCOC may
issue mandatory process directing the transmission of all such documents relevant
and necessary for the Committee to determine the validity of the inclusion of specific
persons or groups in the Orders of Battle or similar documents. For this purpose, the
highest-ranking officers or heads of offices shall be charged with testifying before the
JCOC in relation to any inquiries on the Orders of Battle or similar documents.

The invocation of national security as a defense may not prevent the JCOC from
inquiring into the factual and/or legal bases for the existence of an Order of Battle,
or any similar document, or the inclusion of specific persons or groups in said Orders
of Battle or similar documents. Should there be a need to inquire into the factual
basis for the invocation of national security, the JCOC shall convene in an executive
session and hear the officials invoking it. Should the basis not be satisfactory to the
JCOC, the public hearing/s will continue and appropriate recommendations shail
thereafter be made by the JCOC.

SEC. 25. Appropriations. - The amount necessary for the initial implementation of
this Act shall be charged against the current year’s appropriations of the departments
and agencies concerned. Thereafter, the funding of which shall be included in the
annual General Appropriations Act.

SEC. 26. Implementing Rules and Regulations. - Within one hundred twenty
(120) days from the effectivity of this Act, the Chairperson of the CHR and the
Secretary of the DND, DSWD, DILG, DOH, DOJ, DHSUD, and DENR, the Chairperson
of NCIP, PCW, PCUP, and National Anti-Poverty Commission-Victims of Disasters and
Calamities (NAPC-VDC), in coordination with other government agencies and in
consultation with human rights nongovernmental organizations and people’s
organizations, shall jointly formulate rules and regulations to implement the
provisions of this Act. The Chairperson of the CHR and the Secretary of the DND shall
act as the co-chairpersons of the body that shall formulate the implementing rules
and regulations (IRR).

SEC. 27. Separabi Clause. - If any part or provision of this Act shall be declared
unconstitutional or invalid, the other provisions hereof which are not affected thereby
shall remain in full force and effect.

SEC. 28. Repealing Clause. - All laws, decrees, executive orders, memorandum
orders, memorandum circulars, administrative orders, ordinances, or parts thereof
which are inconsistent with the provisions of this Act are hereby deemed repealed or
modified accordingly.

SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of national circulation.

Approved,