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

TWENTIETH CONGRESS
First Regular Session

House BiLL No, _1431

Introduced by Representative LEILA M. DE LIMA

AN ACT
DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS OF HUMAN RIGHTS
DEFENDERS, DECLARING STATE RESPONSIBILITIES, AND INSTITUTING
EFFECTIVE MECHANISMS TO PROMOTE AND PROTECT
THE RIGHTS AND FREEDOMS OF HUMAN RIGHTS DEFENDERS.

EXPLANATORY NOTE

Article II, Section 11 of the 1987 Constitution provides that, “[t]he State values
the dignity of every human person and guarantees full respect for human rights.”

The Philippines is a State Party to eight (8) human rights treaties of the United
Nations (UN), and has accepted two (2) individual complaints procedure, and two (2)
inquiry mechanisms. The country has various laws on human rights, which include
inter alia, Republic Act (RA) No. 9745 or the “Anti-Torture Act of 2009", RA No. 9710
or the “Magna Carta of Women Act of 2009”, and RA No. 10353 or the “Anti-Enforced
or Involuntary Disappearance Act of 2012".

The Commission on Human Rights (CHR), the national human rights institution
of the Philippines, was established under the 1987 Constitution. It is the agent which
helps the State bring to the level of domestic implementation, human rights promotion
and protection found in treaties to which it is a State Party. Besides the CHR, there
are also offices established in the Executive Department that advocate for human
fights which include the Presidential Human Rights Committee, the Human Rights
Office of the Armed Forces of the Philippines (AFP), and the Philippine National Police
(PNP) Human Rights Affairs Office.

However, it is very alarming that despite legal standards and mechanisms in
place, Human Rights Defenders (HRDs) continue to be under threat as flagrant
violations human rights and fundamental freedoms continue to persist in the
Philippines, such as summary executions, filing of trumped-up charges, arbitrary
arrests and detention, red-tagging, death threats, vilification, wrongful persecution,
and slut-shaming, among others.

In the Report of the Working Group on the Philippines’ Universal Periodic
Review (UPR) Submission, eleven (11) recommendations referred to the situation of


human rights defenders.' In these recommendations, the areas of common concern
include a protection system for the HRDs, an enabling environment to carry out their
work, and the adoption of a national law for the promotion of the rights of the HRDs.?

Regrettably, the Philippine government merely noted but did not commit to
support the recommendations in the said Report in the UPR concerning HRDs.> What
is even disturbing is that then President Rodrigo Duterte himself publicly warmed that
he will order the shooting of human rights advocates.‘ This pronouncement from no
less than the Chief Executive clearly put human rights defenders under serious threat
and encouraged culture of impunity. The late, then Congressman Edcel Lagman
revealed that 134 human rights defenders had been killed since President Duterte
assumed office.5

In the November 2017 report of human rights organization Karapatan, it was
reported that there were already 17 women HRDs who were killed under the Duterte
administration. Enforced disappearance, death, harassment, suppression of
fundamental human rights and freedoms are continuing challenges to individuals and
the organizations carrying out human right advocacies.

This has not escaped notice from the international community. On July 2017,
three (3) Special Rapporteurs asked the Philippine government to prevent incitement
to violence, and investigate extrajudicial killings of human rights defenders.®

The sorry state of human rights advocacy in the Philippines was also made
worse by the pronouncements of the previous administration that belittled the role and
influence of the CHR.

In 2024, UN Special Rapporteur on freedom of opinion and expression Irene
Khan stated that threats, vilification and violence against journalists and human rights
defenders in the Philippines were particularly high during the previous administration
of Rodrigo Duterte, but intimidation of critical voices continued under President
Ferdinand “Bongbong” Marcos Jr.”

UN Special Rapporteur Khan also noted that “many individuals critical of state
policies, including human rights defenders, social justice advocates, journalists,

* United Nations. (8 May 2017). Universal Periodic Review - Philippines. Retrieved from
https:/www.ohehr.org/EN/HRBodies/UPR/Pages/PHindex.aspx.

2 Ibid.

3 United Nations. (19 September 2017). A/HRC/36/12/Add.1. Retrieved from

https://ap. ohchr. org/documents/dpage_e.aspx?si=A/HRC/36/12/Add.1.

“ Ranada, P. (16 August 2017) Duterte warns he'll order shooting of human rights advocates.
Retrieved from https:/www. rapper. com/nation/178968-duterte-probe-shoot-human-rights-advocates.
5 Gonzales, C. (5 June 2019). 134 human rights defenders killed since Duterte assumed office —
Lagman. Retrieved from https:/inewsinfo.inquirer.net/1127091/134-human-rights-defenders-killed-
since-duterte-assumed-office-
lagman?utm_medium=Social&utm_source=Facebook#Echobox=1559720799,

© United Nations. (31 July 2017). Philippines needs urgent action to reverse spiralling rights violations,
UN experts say. Retrieved from hitps:/www. ohchr.org/en/press-releases/2017/07/philippines-needs-
urgent-action-reverse-spiralling-rights-violations-un?LangID=E&NewsID=21926.

7 United Nations. (2 February 2024). Philippines: UN expert calls for more sustained reforms to
prevent threats and killings of journalists and activists. Retrieved from https://www.ohchr.org/en/press-
releases/2024/02/philippines-un-expert-calls-more-sustained-reforms-prevent-threats-and,


students, trade unionists and others continued to be unfairly branded as supporters,
recruiters or members of the Communist Party of the Philippines-New People's Army
(CPP-NPA), resulting in increased human rights risks.®

This proposed legislation, which underwent a process of consultation with
stakeholders and human rights defenders, and guided as well by the United Nations
Declaration on the Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms, otherwise known as the “Declaration for Human Rights
Defenders," and the Model National Law on the Recognition and Protection of
Human Rights Defenders,"° aims to institutionalize and enforce state obligations to
provide protection to HRDs, and to establish effective legal remedies for violations of
the rights of HRDs.

Similar measure was approved on third and final reading in both the 17 and
18" Congresses of the House of Representatives, and the same bill was filed during
the 19" Congress, but was not passed. This Representation, as a former Senator,
also filed the same bill in the Senate during the 17 and 18" Congresses but remained
pending in the Committee level.

The enactment of this measure would build a dynamic community of human
rights workers in the Philippines that are free and protected, working hand-in-hand
with a government that supports their work and ensure accountability for violations of
their rights and freedoms.

The government needs to ensure that HRDs receive enough support and

protection to allow them to fulfill their duty without fear of being harassed and killed.
Let us protect those who defend our human rights and dignity.

bedestihe

The passage of this bill is earnestly sought.

® Ibid.

® UN General Assembly Resolution No. 53/144. (9 December 1998). Retrieved from
https:/digitalibrary.un.orgirecord/2658557In=en&v=paf.

'® International Service for Human Rights. (15 June 2016). Model Law for the Recognition and
Protection of Human Rights Defenders. Retrieved from
https:/www.ishr.ch/sites/defaultfiies/documents/model_law_full_digital_updated_16june2016. pdf


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

TWENTIETH CONGRESS.
First Regular Session

HOUSE BILL NO. 44 31

Introduced by Representative LEILA M. DE LIMA

AN ACT

DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS OF HUMAN RIGHTS
DEFENDERS, DECLARING STATE RESPONSIBILITIES, AND INSTITUTING

EFFECTIVE MECHANISMS TO PROMOTE AND PROTECT
THE RIGHTS AND FREEDOMS OF HUMAN RIGHTS DEFENDERS

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

CHAPTER!
PRELIMINARY PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Human Rights

Defenders Protection Act.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State:

a. To value the dignity of every human person and to recognize, respect,
protect, promote and fulfill the rights and fundamental freedoms of persons,
individually or in association with others, regardless of race, ethnicity, color,
sexual orientation and gender identity, language, religion, political or other
opinion, national or social origin, property, birth or other status;

b. To give highest priority to the implementation of legislative enactments,
executive issuances and judicial decisions that guarantee respect,
protection, promotion and fulfillment of human rights and fundamental
freedoms;

c. To provide access to legal remedies and reparative measures including
monetary compensation and psychosocial accompaniment and
tehabilitation to human rights violations victims;

d. To fully and strictly adhere to the principles and standards on human rights
and fundamental freedoms set by the Constitution and international human
rights instruments including the:


1. Universal Declaration of Human Rights (UDHR);

2. Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental
Freedoms (Declaration on Human Rights Defenders);

3. International Covenant on Civil and Political Rights (ICCPR),;

4. International Covenant on Economic, Social and Cultural

Rights (ICESCR);
; Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT);

6. Convention on the Elimination of all Forms of Discrimination

against Women (CEDAW);

. Convention on the Rights of the Child (CRC);

.. International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families (CMW);

9. Convention on the Rights of Persons With Disabilities
(CRPD);

10. International Convention for the Protection of All Persons from
Enforced Disappearance (CPED);

11. Declaration on the Rights of Indigenous Peoples; and

12. Other universal treaties, comments and resolutions.

Ca

ey

SEC. 3. Construction in Favor of Human Rights Defenders. - All provisions of
this Act shall be construed to achieve its objectives. All doubts in the implementation
and interpretation of these provisions shall be resolved in favor of the human rights
defender.

SEC. 4. Definition of Terms. — The following terms are hereby defined, as
follows:

a) Human Rights and Fundamental Freedoms — refer to rights or entitlements
inherent in all human persons and freedoms recognized in or declared by
international and regional human rights instruments and customary
international law and by national laws that are consistent with the said
instruments and law,

b. Human Rights Defender — refers to any person who, individually or in
association with others, acts or seeks to act to protect, promote or strive for
the protection and realization of human rights and fundamental freedoms
and welfare of the people, at the local, national, regional, and international
levels;

c. Human Rights Organization — refers to a group, organization or association
in the local, national, regional or international level, whether formal or
informal, that strive for the protection of human rights and fundamental
freedoms and welfare of the people;

d. Government Agency — refers to any department, bureau, office or unit of the
National Government, or any of its branches and instrumentalities, or any
political subdivision, as well as any government-owned or controlled


corporation, including its subsidiaries, or other self-governing branch,
commission or council of the Government, to include but not limited to any
grouping of the Armed Forces of the Philippines, Philippine National Police
or other state security forces, including military or police force multipliers;

e. Superior Officer— refers to the next government official who has supervisory
powers or control over the head of the government agency to whom the
subject head reports and shall include but not limited to the President,
Department Secretaries, Chief-of-Staff of the Armed Forces of the
Philippines, the Commanding General or Rear Admirals of any service in
the Armed Forces of the Philippines or the Director General of the Philippine
National Police;

f. Intergovemmental Organization — refers to an organization established
through a treaty or other treaties and mechanisms in pursuit of common
issues, concerns and interests;

g. Public Authority — refers to any person or body performing a function of a
public nature that is conferred or imposed by or pursuant to law, by popular
election or appointment or delegated, contracted by a governmental
authority or agency;

h. Intimidation or Reprisal — refers to any form of violence, threat, retaliation,
de facto or de jure adverse discrimination, pressure, judicial harassment, or
any other arbitrary or abusive action or threat related to a person's status,
work or activity as a human rights defender, including proposed, attempted,
or imputed work or activity directed at the: (i) human rights defender; (ii) the
human rights defender’s associate(s); (iii) a legal or other representative of
the human rights defender appointed to conduct his or her affairs or to
otherwise act on his or her behalf; (iv) a family member or relative of the
human rights defender up to fourth degree of consanguinity or affinity, and
includes common law relations; (v) a group, association, organization,
community or network, whether formal or informal, with which the human
rights defender is associated; (vi) or the home, property or possessions of
the human rights defender or any of the other persons or entities in items (ii)
to (vi).

CHAPTER Il
RIGHTS AND FREEDOMS OF HUMAN RIGHTS DEFENDERS:

SEC. 5. Right to promote and protect human rights and fundamental freedoms.
— Everyone has the right, individually and in association with others, to promote and
to strive for the protection and realization of human rights and fundamental freedoms
at the local, national, regional and intemational levels.

SEC. 6. Right to form groups, associations and organizations. — Everyone,
individually or in association with others, has the right to form, join, or associate with
and participate in local, national, regional, or international organizations, whether
formal or informal and whether registered or unregistered, for the purpose of promoting


and striving for the protection and realization of human rights and fundamental
freedoms.

SEC. 7. Right to solicit, receive and utilize resources. — (1) Everyone,
individually or in association with others, has the right to solicit, receive and utilize
resources from domestic and international organizations, including governmental,
intergovernmental, philanthropic and private sources, for the express purpose of
promoting and striving for the protection and realization of human rights and
fundamental freedoms.

(2) In pursuance of the right in subsection (1), subject to the provisions of
existing laws and consistent with the provisions of this Act, freezing, sequestration or
seizure by any bank or financial institution of the fund solicited and released by the
source is hereby prohibited.

SEC. 8. Right to seek, receive and disseminate information. ~ (1) Everyone,
individually or in association with others, has the right:

(a) to know, seek, access, obtain, receive and hold information about all
human rights and fundamental freedoms, including information
regarding how those rights and freedoms are given effect in our
legislative, judicial and administrative systems;

(b) to know, seek, access, obtain, receive and hold such information
from business enterprises and other private actors as may be
necessary for exercising or protecting, or assisting to exercise or
protect human rights or fundamental freedoms:

(0) to freely publish, impart or disseminate to others views, information
and knowledge on all human rights and fundamental freedoms; and

(d) to study, discuss, form and hold opinions on the observance, both in
law and in practice, of all human rights and fundamental freedoms and,
through these and other means, to draw public attention to those
matters.

(2) The right in subsection (1) may be exercised orally, in writing, in print, in the
form of art or through all forms of communication and media.

SEC. 9. Right to develop and advocate for human rights ideas. — Everyone,
individually or in association with others, has the right to develop and discuss new
ideas and principles which relate to human rights and fundamental freedoms, and to
advocate for their acceptance.

SEC. 10. Right to communicate with non-govermental, govemmental and
intergovemmental organizations. - Everyone, individually or in association with others,
has the right to freely communicate with non-governmental, governmental and
intergovernmental organizations, including subsidiary bodies, mechanisms or experts
with a mandate relevant to human rights and fundamental freedoms, as well as with
diplomatic representations.


SEC. 11. Right against vilification. — A person, individually and in association
with others, has the right against any act of false labelling or name calling, or of
malicious and fabricated accusations against him or her of any offense, or from any
other kind of vilification.

SEC. 12. Right to access, communicate with and cooperate with international
and regional human rights bodies and mechanisms. - In accordance with applicable
international instruments and procedures, everyone, individually or in association with
others, has the right to unhindered access and to communicate and cooperate with
international and regional human rights bodies and mechanisms, including treaty
bodies and special procedures or special rapporteurs.

SEC. 13. Right to participate in public affairs. — (1) Everyone, individually or in
association with others, has the right to participate effectively in the conduct of public
affairs, including participation on a non-discriminatory basis in the government
regarding human rights and fundamental freedoms.

(2) The right referred to in subsection (1) includes the right:

a. To submit to any public authority, or agency or organization
concerned with public affairs, criticism on or proposals for
improving its functioning with respect to human rights and
fundamental freedoms;

b. To make recommendations to any public authority regarding
legislative or regulatory changes relating to human rights and
fundamental freedoms;

c. To draw to the attention of any public authority any aspect of its
work that may hinder or impede the promotion, protection and
realization of human rights and fundamental freedoms;

d. To call the attention of any public authority to any action or
‘omission by any actor, private or public, that may involve or
contribute to a violation of human rights or fundamental
freedoms; and

e. To freely publish, impart or disseminate to others any information
submitted to any public authority in the exercise of the rights set
out in this Chapter.

SEC. 14. Right to peaceful assembly. — (1) Everyone, individually or in
association with others, has the right to meet or assemble peacefully as well as to
participate in peaceful activities concerning human rights and fundamental freedoms,
free from interference that is arbitrary or unlawful by public authorities and private
actors, at the local, national, regional or international level.

(2) The right referred to in subsection (1) includes the right to plan, organize,
participate in and disseminate information regarding peaceful activities conceming


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human rights and fundamental freedoms, including demonstrations, protests,
seminars and meetings, whether conducted in a public or private place

SEC. 15. Right to represent and advocate. ~ (1) Everyone, individually and in
association with others, has the right to assist, represent or act on behalf of another
person, group, association, organization or institution in relation to the promotion,
protection and exercise of fundamental rights and freedoms, including at the local,
national, regional and international levels.

(2) The right referred to in subsection (1) includes the right:

a. To complain about the policies and actions of public authorities with
regard to violations of human rights and fundamental freedoms, by
petition or other appropriate means, to domestic judicial, administrative
or legislative authorities or any other competent authority, e.g.,
Commission on Human Rights, the Ombudsman;

b. To offer and provide professionally qualified legal counsel, paralegal, or
other relevant advice and assistance in defending human rights and
fundamental freedoms;

c. To attend public hearings, proceedings and trials so as to form an
opinion on their compliance with national law and human rights and
fundamental freedoms; and

d. To submit communications and information of the type referred to in
Section 10.

SEC. 16. Right to freedom of movement. - (1) A person who is lawfully within
the territory, or subject to the jurisdiction of the Philippines shall, within its territory or
place of jurisdiction, has the right to liberty of movement and freedom to choose his or
her residence and shall have the right to carry out lawful activities in the entire territory
or place of jurisdiction.

(2) No one lawfully within the Philippine territory shall be expelled, by means of
an individual or a collective measure, from its territory, wholly or partially, on account
of the acts as a human rights defender.

(3) No one shall be deprived of the right to enter or leave the country on account
of one's status, activities or work as a human rights defender.

SEC. 17. Right to privacy. — (1) Everyone, individually or in association with
others, has the right to privacy.

(2) The right referred to in subsection (1) includes the right of a human rights
defender to protect one’s privacy through lawful means, including encryption of
personal data, and be free from arbitrary and unlawful intrusion and interference into
one's personal activities including those concerning one's family, livelihood and place
of work, one’s correspondences and possessions, including alll digital data pertaining
thereto.


(3) “Intrusion and interference” under subsection (2) includes any form of
surveillance, recording, within the purview of Republic Act No. 4200, otherwise known
as “An Act to Prohibit and Penalize Wire Tapping and Other Related Violations of the
Privacy of Communication, and for Other Purposes,” and other related legislation,
search and seizure in relation to the legitimate activity or work as a human rights
defender.

(4) The right to privacy extends to groups, organizations or associations.

SEC. 18. Freedom from intimidation or reprisal. - No person shall be subjected,
individually or in association with others, to any form of intimidation or reprisal on the
grounds of or in relation to one's status, activities or work as a human rights defender.

SEC. 19. Right to establish a sanctuary for human rights victims and/or their
families. — Any person, individually or in association with others, who has been
subjected to any form of intimidation or reprisal, has the right to establish sanctuaries
for any human rights violation victim and/or their immediate families. Said sanctuary
shall be considered established if that person gives confidential notice to the Human
Rights Defenders Protection Committee created under this Act indicating that said
place, building or area has been constituted as a sanctuary.

SEC. 20. Freedom from defamation and stigmatization. — No person shall be
subject to any form of defamation, stigmatization, or other harassment, whether offline
or online, and whether by public authorities or private actors, in connection with one’s
Status, activities or work as a human rights defender.

SEC. 21. Right to exercise cultural rights and to the development of personality.
~(1) Consistent with Article 18 (1) of the United Nations Declaration on Human Rights
Defenders, everyone, individually or in association with others, has the right to the
unhindered exercise of the cultural rights in one’s activities and work as a human
rights defender and to the free and full development of one’s personality.

(2) The right referred to in Subsection (1) includes the right to challenge and
change traditional customs and practices that violate human rights and fundamental
freedoms.

SEC. 22. Right to effective remedy and full reparation. — (1) Everyone,
individually or in association with others, has the right to an effective remedy and full
reparation, both monetary and non-monetary, in the event of a violation of the rights
in Chapter II or a breach of obligations under Chapter III of this Act.

(2) A person whose tights have been violated or who has been adversely
affected by a breach of obligations has the right to obtain such effective remedy and
full reparation from the appropriate government agency or court of competent
jurisdiction.

(3) A complaint with the competent court or tribunal relating to the violation of
rights under a breach of obligations under Chapter III of this Act may be filed by the
following:


. a human rights defender;

. an association of the human rights defender;

c. a legal or other representative of the human rights defender appointed
to conduct the affairs of or to otherwise act on behalf of the human rights
defender,

d. a family member of the human rights defender, within the fourth degree
of consanguinity or affinity;

e. a group, association or organization with which the human rights
defender is associated;

f. any person acting in the public interest and consistently in pursuit of the
purposes of this Act; or

g. the Human Rights Defenders’ Protection Committee.

v9

However, the consent of the victim must first be obtained as much as possible.
In the absence of such consent, the human rights organization or association may
proceed with filing the complaint or petition unless the lack or absence of consent is
based on the threat to the life, liberty or security of the victim or his or her family.

SEC. 23. Limitations on the rights of human rights defenders. - In exercising
the rights under this Chapter, a human rights defender, individually or in association
with others, shall be subject only to limitations that are prescribed by law, in
accordance with international human rights obligations and standards, are reasonable,
necessary and proportionate, and are solely for the purpose of securing due
recognition of and respect for the human rights and fundamental freedoms of others
and meeting the reasonable requirements of public order and general welfare in a
democratic society.

CHAPTER Ill
OBLIGATIONS OF THE STATE AND PUBLIC AUTHORITIES

SEC. 24. Obligation to respect, promote, protect and fulfill the rights of human
rights defenders. — Public authorities shall take all necessary measures to ensure: (1)
that the human rights and fundamental freedoms in Chapter II of this Act are effectively
guaranteed and protected; (2) that all laws, policies and programs of government are
consistent with the rights in Chapter II of this Act, and (3) that human rights defenders
are able to undertake their activities and work in a safe and enabling environment free
from restrictions.

SEC. 25. Obligation to facilitate the activities and work of human rights
defenders. — Public authorities shall take all necessary measures in accordance with
law to facilitate and protect the exercise of the rights in Chapter I! of this Act, which
measures include the obligation to:

a. permit and facilitate access to places where persons are deprived of

liberty;
b. permit and facilitate access to places and to information required by
human rights defenders to exercise their rights under Chapter | of this

Act;


©. provide information about violations of human rights or fundamental
freedoms that may have been committed within the territory or subject
to the jurisdiction, including the power or effective control of the State;

d. develop and implement policies and measures to promote, support and
enhance the capacity of human rights defenders to protect and promote
human rights and fundamental freedoms; and

. publicly recognize the role, function, and activities and work of human
rights defenders as legitimate and important.

SEC. 26. Obligation to provide free access to materials relating to human rights:
and fundamental freedoms. — Public authorities shall make freely available and
accessible to the public the following materials online and through other modes and
platforms of information dissemination:

a. The Constitution, national laws and regulations;

b. International human rights instruments;

c. Research, studies, reports, data, archives and other information and
materials within the possession of public authorities that relate to human
rights and fundamental freedoms;

d. Government reports and information submitted to international human
tights bodies and mechanisms;

e. Reports and communications of international human rights bodies and
mechanisms involving the country's compliance with international treaty
obligations;

f. Documents and information related to the decisions or activities of the
CHR and other national authorities with competence in the field of
human rights and fundamental freedoms; and

g. All such other information as may be necessary to secure or enable the
exercise of any human right or fundamental freedom under Chapter II
or access to remedy for violation of any such right.

SEC. 27. Obligation not to disclose confidential sources. — (1) Public authorities
shall not disclose or require disclosure of the identity of sources used by human rights
defenders unless both the relevant source and the concerned human rights defender
give informed consent in writing to such disclosure or if so required by an independent
and impartial tribunal in accordance with international standards.

SEC. 28. Obligation to prevent and to ensure protection against intimidation or
reprisal, ~ Public authorities shall take all necessary measures to ensure the
prevention of, and protection from any intimidation or reprisal by any other public or
private actor. These shall include protection measures established under pertinent
laws.

SEC. 29. Obligation to penalize intimidation or reprisal. — Any public authority
or private actor who is found guilty of committing intimidation or reprisal against a
person on the grounds of or in connection with his or her status, work, activities as a
human rights defender, shall be subject to penalties as provided for the appropriate
crime or crimes punishable under the Revised Penal Code, in addition to
administrative and/or civil sanctions which take into account the gravity of the offense
upon the discretion of the court or competent authority.


SEC. 30. Obligation to refrain from derogatory and unfounded labelling. — (1)
Under no circumstance shall public authorities engage in false, unfounded and
derogatory labeling of human rights defenders, which shall include but not be limited
to, identifying them as “red,” “communist,” “terrorist” or “enemies of the state”.

(2) Public authorities shall immediately expunge or rectify such labeling as part
of the non-monetary reparation to victims referred to in Section 22 (2) of Chapter | and
Section 34 of Chapter Ill of this Act.

SEC. 31. Obligation to ensure protection against arbitrary or unlawful intrusion
and interference. — (1) Public authorities shall take extraordinary diligence to ensure
the protection of human rights defenders from arbitrary or unlawful intrusion and
interference into one's personal activities including those concerning one’s family,
livelihood and place of work, one’s correspondences and possessions, including all
digital data pertaining thereto.

(2) Intrusion and interference in subsection (1) include any form of surveillance,
recording, search and seizure in relation to any person’s legitimate activity or work as
a human rights defender without his or her consent.

SEC. 32. Obligation not to participate in violating human rights and fundamental
freedoms. — All public authorities are mandated not to participate, by acts of
commission or omission, in violating human rights and fundamental freedoms.
Subordinate employees have the right and duty to refuse any order from their
superiors to participate in acts that contravene their duty to protect, uphold and
promote human rights and fundamental freedoms, and shall not be subject to any
administrative sanction as a consequence of such refusal.

SEC. 33. Obligation to conduct investigation. ~ Whenever there is reasonable
ground to believe that a human rights defender has disappeared, been killed, tortured,
illtreated, arbitrarily detained, threatened or subject to a violation of any of the rights
in Chapter II of this Act, whether by a public authority or private actor, the State must
ensure that a prompt, thorough, effective, independent and impartial investigation is
conducted with extraordinary diligence and is prosecuted under existing applicable
laws, including Republic Act No. 9745, “the Anti-Torture Act”; Republic Act No. 10353,
the “Anti-Enforced or Involuntary Disappearance Act’, and Republic Act No. 7438,
“An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial
Investigation as well as the Duties of the Arresting, Detaining and Investigating
Officers, and Providing Penalties for Violations Thereof”. Presumption of regularity in
the performance of duty by the offending public authority shalll not be invoked.

SEC. 34. Obligation to ensure effective remedy and full reparation. — Public
authorities shall take all necessary measures to ensure that an effective remedy and
full reparation are available and provided for violations of the rights in Chapter II and
for breach of the obligations in Chapter III of this Act.

SEC. 35. Obligation to enforce and institutionalize command responsibility. —
Government agencies shall enforce and institutionalize command responsibility and

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impose sanctions against errant superior in both military and civilian agencies as
provided under existing laws and executive issuances.

SEC. 36. Obligation to adopt human rights-based govemance. — Public
authorities shall adopt the human rights-based approach to governance and
development, including counter-insurgency and anti-terrorism programs and policies.

SEC. 37. Obligation to strengthen protection program. - The CHR shall
strengthen its protection program and provide a safe place of refuge or sanctuary for
high risk human rights defenders and or their immediate families, more particularly
those who have filed formal complaints against high-ranking public authorities.

SEC. 38. Obligation to respect the Principle of Non-refoulement. — No person
shall be forcibly returned, expelled or extradited to another State where there are
substantial grounds to believe that the human rights and fundamental freedoms of the
person are in danger of being violated.

SEC. 39. Obligation to promote and facilitate human rights education. — All
government agencies shail promote, facilitate and adequately provide resources on
teaching, training and education about human rights and fundamental freedoms to all
persons within the country’s jurisdiction. Teaching, training and education programs
shall include information about this Act and the important and legitimate work of human
rights defenders.

The Department of Education (DepEd) and the Commission on Higher
Education (CHED) shall require human rights education as an obligatory curriculum in
all academic institutions, colleges and universities, public or private.

SEC. 40. Diligence Required. - Any complaint or report for violation of human
rights and fundamental freedoms shall be dealt with and acted upon with extraordinary
diligence by concerned government personnel. Failure to act within three (3) days from
reporting any violation of this Act shall hold the government personnel criminally, civilly
and administratively liable.

CHAPTER IV
THE HUMAN RIGHTS DEFENDERS PROTECTION COMMITTEE

SEC. 41. Creation and Composition of the Human Rights Defenders Protection
Committee. - (1) There shall be an independent collegial body to be known as the
Human Rights Defenders Protection Committee, herein referred to as the Committee,
which shall be composed of one (1) Chairperson and six (6) Members. The
Chairperson shall be selected by the Commissioners of the Commission on Human
Rights from among themselves in an en banc session. The six (6) members shall be
jointly nominated by two (2) representatives each of the Philippine Alliance of Human
Rights Advocates (PAHRA), Karapatan Alliance for the Advancement of People’s
Rights (Karapatan), Free Legal Assistance Group (FLAG), and the National Union of
People’s Lawyers (NUPL), as well as other similar groups advocating for protection of
human rights, who may later be accredited by the CHR, in a meeting called for this
purpose, without prejudice to the nominations of other human rights organizations who
have proven track records of probity and independence.

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(2) The aforementioned nominees shall be appointed by the CHR in an en banc
session.

(3) The composition of the Committee shall have a balanced gender
representation on the basis of the principles of equality and non-discrimination and
adequate representation of ethnic, cultural and minority groups.

(4) The Committee shall be attached to the CHR for administrative and
budgetary purposes only.

(5) The Committee shall organize itself within thirty (30) days from the
completion of the selection process of the Chairperson and Members of the Committee
as herein provided in Subsection (1), and shall thereafter organize its Secretariat.

SEC. 42. Qualifications of the Committee Members. - The Members of the
Committee shall possess the following qualifications:

1. High moral character, recognized probity, competence, and integrity;

2. Known independence in making decisions and taking stances on issues
and concerns pertaining to the protection and promotion of human rights
and fundamental freedoms;

3. Must have a deep, thorough and enlightened knowledge and
understanding of human rights and fundamental freedoms and the role,
work, and protection needs of human rights defenders; and

4. At least two (2) members, including the Chairperson must be members
of the Philippine Bar, who have been engaged in the practice of law for
at least seven (7) years.

SEC. 43. Term of Office. - The Chairperson and Members of the Committee
shall be designated once for a term of five (5) years only. Of those first designated,
three (3) Members shall serve for five (5) years, two (2) Members for four (4) years,
and the last two (2) Members shall hold office for three (3) years. Succeeding
Chairpersons and Members shall be designated for a term of not more than five (5)
years. Designation to any vacancy shall be only for the unexpired portion of the term
of the predecessor.

SEC. 44. Functions of the Committee. - The Committee shall exercise the
following functions:

a. Protect human rights defenders from intimidation and reprisals;

b. Ensure accountability for acts of intimidation and reprisal;

c. Facilitate and promote inter-agency and inter-department coordination
to prevent, protect from, investigate, and ensure accountability for acts
of intimidation or reprisal;

d. Investigate on its own or on complaint by any party all forms of violations
of human rights and fundamental freedoms of human rights defenders;

e. Publicly acknowledge and promote the legitimate and important role,
activities and work of human rights defenders;

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f. Consult regularly and work closely with human rights defenders in the
implementation of this Act;

g. Monitor existing and proposed legislation, assess their impact or
potential impact on the status, activities and work of human rights
defenders, and propose amendments and/or remedial measures or
block their passage if the measures shall to a large extent adversely
affect the human rights defenders and their work and activities;

h. Prepare and submit reports and communications on the situation of
human rights defenders to relevant international and regional human
rights bodies and mechanisms;

i. Monitor and carry out periodic reviews of the implementation of this Act,
the first of which shall be conducted one (1) year after its effectivity.

j. Submit annual reports on the situation of human rights defenders and
the status of implementation of this Act to the Office of the President of
the Senate and the Office of the Speaker of the House of
Representatives;

k. Make recommendations to relevant authorities on the appropriate
measures to be taken to promote a safe and enabling environment for
human rights defenders, mitigate and prevent the risks they face, and
address the root causes of violations against human rights defenders;
and

|. Perform other relevant functions as may be necessary to attain the
‘objectives of this Act.

SEC. 45. Training and Vetting. - All persons involved in the work and activities
of the Committee, including security and law enforcement officials, shall be
appropriately vetted and shall receive training on human rights and fundamental
freedoms, the situation and protection needs of human rights defenders prior to the
commencement of the involvement, and continuing training designed to ensure full
and effective implementation of this Act.

CHAPTER V
PENALTIES

SEC. 46. Penalty for Violations of Sections 5 to 23 of this Act. — The penalty of
prision mayorin its maximum period to reclusion temporal in its medium period without
privilege of parole shall be imposed upon any government personnel or the whole
complement of a government unit, the paramilitary personnel or the whole complement
of the paramilitary unit, the government asset (and/or the military affiliate) who violates
any of the rights of a human rights defender defined in sections 5 to 23 of this Act.

SEC. 47. Penalty for Destroying, Altering, or Falsifying Records and
Documents. - The penalty of prision mayor in its minimum to its medium period or a
fine of One Hundred Thousand Pesos (Php100,000.00) or both, at the discretion of
the court, shall be imposed upon any government personnel or the whole complement
of a government unit, the paramilitary personnel or the whole complement of the
paramilitary unit, the government asset (and/or the military affiliate) who impede,
obstruct, or influence any preliminary investigation, administrative investigation and/or
petition by altering, destroying, mutilating, concealing, covering up, falsifying, or
making any false entries in any record, document, or specimen whereof, relative to

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any matter involving any human rights defenders, or activities of the defenders’
organizations.

SEC. 48. Penalty for any other Violations of this Act. - The penalty of prision
mayor in its minimum period or a fine of One Hundred Thousand Pesos (Php
100,000.00) or both, at the discretion of the court, shall be imposed upon any individual
who violates any other provisions of this Act.

SEC. 49. Violations of this Act as aggravating circumstances. — Any violation of
any provision of this Act committed during the commission of a crime defined in any
penal laws shall be considered as an aggravating circumstance in the imposition of
the penalty in said crime.

SEC. 50. Non-applicability of the Probation Law. — Any violation of this Act
which shall constitute the main crime or as an aggravating circumstance shall not
entitle the offender or the accused to the privileges of probation under the Probation
Law.

CHAPTER VI
FINAL PROVISIONS

SEC. 51. Implementing Rules and Regulations, - (1) Within sixty (60) days from
the effectivity of this Act, the Commission on Human Rights, a Member of the House
Committee on Human Rights, a Member of the Senate Committee on Justice and
Human Rights, in consultation with PAHRA, Karapatan, FLAG, and NUPL, and other
human rights organizations and individual human rights defenders of known probity,
shall jointly promulgate the Implementing Rules and Regulations (IRR) for the effective
implementation of this Act and shall ensure the full dissemination of the Act and the
IRR to the public.

(2) In formulating the corresponding rules and regulations and in implementing
this Act, the following guiding principles shall be strictly adhered to:

a. Adherence to the rule of law is the ultimate safeguard against violations
of human rights and fundamental freedoms.

b. Empowerment of human rights defenders is enhanced by their active
Participation in formulating, implementing, and evaluating protection
programs for human rights defenders.

©. Periodic assessments of risks, vulnerability or conflict help identify
protection needs of human rights defenders giving particular attention to
those of women and others’ who are at increased risks.

d. Keeping and maintaining confidentiality of the personal data collected on
human rights defenders and those referred to in Sec. 22 (3) herein
upholds their right to privacy and security of person.

e. Continuous training of the members of the Committee Secretariat on
human rights and fundamental freedoms, the root causes of their
violations, and the work and protection needs of human rights defenders
help sustain their commitment to the objectives of the Act.

f. Independent and effective operation of the Committee and its Secretariat
requires sustained adequate resources.

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g. Transparent, aboveboard, and equitable resource allocation and
disbursement help ensure maximum protection to human rights
defenders and their constituencies particularly those of higher risks and
vulnerabilities.

h. Risks and challenges faced by women and Lesbian, Gay, Bisexual,
Transgender, Queer/Questioning, Intersex, and Asexual (LGBTQIA+)
human rights defenders and those working on women's and LGBTQIA+
tights and gender issues demand special attention.

i. Generating support from a strong, independent, and effective national
human rights institution and from the general public enhances and
contributes to the effective work of human rights defenders.

j. Open access to the United Nations and international human rights
bodies contributes to a safe and enabling environment for human rights
defenders to work in.

SEC. 52. Suppletory Application. — The applicable provisions of the Revised
Penal Code shall have suppletory application insofar as they are consistent with the
provisions of this Act.

SEC. 53. Appropriations. - The amounts necessary for the implementation of
this Act shall be included in the annual General Appropriations Act.

SEC. 54. Separability Cause. — If for any reason any part or provision of this
Act is declared unconstitutional or invalid, the other parts or provisions hereof which
are not affected thereby shall remain and continue to be in full force and effect.

SEC. 55. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.

SEC. 56. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

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