EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)))
SENATE 
S. No. 
8 1 3
Senate
of tl)f iiftrfta rp
'19 
JUL 29 P5 -B?
RECt
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PROTECTING THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND 
PENALIZING THE ACTS OF ARBITRARY INTERNAL DISPLACEMENT
EXPLANATORY NOTE
There is none so tragic as to be a refugee in one's own country -  forced to flee 
the comforts and familiarity of home, and constantly living under threat and 
vulnerability. That one remains within national borders provides no succor: the effects 
of forced relocation can be as traumatizing and as debilitating as being made to flee 
one's country. In fact, in some cases, internal displacement can be worse because, 
unlike in the situation of international refugees, the absence of a specific legal regime to 
govern 
internally 
displaced 
persons 
(IDPs) 
hampers 
the 
efficient 
delivery 
of 
humanitarian efforts and quick government interventions.
This, despite the fact that internal displacement -  referring 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" -  are 
common occurrences in the Philippines. This is often brought about by long-standing 
insurgencies, and man-made calamities.
Involuntary displacement is a serious social problem that needs to be addressed 
as it results in loss of lives and properties, psychological trauma, family disintegration, 
disruption in education, loss of employment, anarchy, over-all vulnerability, and the like.
This bill, which aims to promote and protect the rights of internally displaced


persons (IDPs), fulfills the policy of the state to promote the dignity of every person. 
IDPs should not be considered merely as "collateral damage" of armed conflict or other 
humanitarian emergencies.
This "Rights of Internally Displaced Persons Act" has the following main features:
a) It details all the rights and entitlements of IDPs.
b) It provides a mechanism where IDPs could be awarded damages for 
prohibited acts of arbitrary internal displacement.
c) It sets up a Joint Congressional Oversight Committee & inter-agency 
coordinating committee that would monitor compliance with this Act.
d) It establishes the Commission on Human Rights (CHR) as the institutional 
focal point for IDPs.
In view of the foregoing, the passage of this bill is earnestly sought.
RISAHONTIVEROS
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)))
SENATE
S. No. 
8 1 3
M i c f  of tltr A rc rfta rp
*19 
JUL29 P5--38
RECl
INTRODUCED BY SENATOR RISA HONTIVEROS
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 o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. -  This Act shall be known as the "Rights of Internally
2 
Displaced Persons Act".
3 
Sec. 2. Declaration o f Principles and State Policies. -  Consistent with the
4 
principles enshrined 
in the Constitution, the standards set by international
5 
humanitarian law and human rights laws, international treaties and conventions
6 
adhered to by the Philippines, including the United Nations' Guiding Principles on
7 
Internal Displacement (UNGPID), and existing Philippine laws, such as the "Philippine
8 
Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes
9 
Against Humanity" (R.A. 9851) and the "Urban Development and Housing Act of
10 
1992" (R.A. 7279), it is also hereby declared a State policy to adopt a rights-based
11 
approach for the promotion and protection of the rights of internally displaced
12 
persons in situations of armed conflict, generalized and/or organized violence, clan
13 
wars, violations of human rights, implementation of development projects, natural,
14 
human-induced and human-made hazards.
15 
In the event of armed conflict, the parties shall ensure the promotion and protection
16 
of the rights of the victims of armed conflict in accordance with international
17 
humanitarian law and international human rights laws.
18 
The State shall harmonize all legal measures pertinent to "Internally Displaced
19 
Persons or group of persons" (IDPs) and ensure that such are consistent with this
20 
law.


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Sec. 3. Definition o f 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 racial group or groups and committed with the intention of 
maintaining that regime.
b) Arbitrary internal displacement refers to act of displacement or any 
other coercive act committed by any person or group/s of persons 
and directed against the civilian population, which are 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 of an area in which 
they are lawfully present, and characterized by those situations as 
defined in Section 6 of this Act.
c) Clan War refers to any conflict that may arise between members of 
different indigenous groups, indigenous cultural communities or clans, 
or between and among members of the same indigenous group, 
cultural community or clan.
d) Ethnic cleansing refers to the act of rendering an area ethnically 
homogenous by using force or intimidation to remove from a given 
area persons of another ethnic or religious group.
e) Generalized and/or organized violence refers to the purposeful and 
systematic use of terror and brutality to control individuals, groups 
and communities, through the use of overwhelming force, and 
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.
f) Implementation o f development projects refers to the carrying out of 
any undertaking or activity aimed at economic or political growth, 
advancement and expansion that results or may result to arbitrary 
internal displacement of persons: Provided, That the term does not 
include legitimate resettlement schemes and/or programs.
g) Internal displacement refers to the involuntary or coerced movement 
or relocation of persons, families, or communities from their areas of 
habitual abode and source of substance within the national borders,
2


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as a result of or in order to avoid or minimize the effects of armed
2 
conflict, situations of generalized and/or organized violence, violations
3 
of human rights, implementation of development projects, natural,
4 
human-induced and human-made hazards.
5 
h) Internally displaced person o r group o f persons (IDP), refers to any
6 
person or group of persons who has or have been forced or obliged
7 
to flee or to leave their homes or places of habitual residence within
8 
the national borders, as a result of or in order to avoid or minimize
9 
the effects of armed conflict, situations of generalized and/or
10 
organized violence, violations of human rights, implementation of
11 
development projects, natural, human-induced and human-made
12 
hazards.
13 
i) 
Order o f Battle/W atchllst refers to a document or an organizational
14 
tool used by military or law enforcement agencies that, inter alia, lists
15 
persons or organizations perceived as being hostile to the State, the
16 
Government or the Armed or Police Forces", or to any document
17 
made by non-state actors, whether natural or juridical, listing the
18 
names of persons and organizations, that are perceived to be
19 
obstacles, in any way, to such non-state actor, and making those in
20 
such list vulnerable to arbitrary internal displacement.
21 
Sec. 4. Scope. -  This Act shall primarily provide for the protection of rights of
22 
IDPs during and after displacement, as well as their return, local integration or
23 
resettlement elsewhere. This Act shall likewise cover arbitrary internal displacement
24 
of civilians as a result of or in order to avoid the effects of armed conflict, situations
25 
of generalized and/or organized violence, violations of human rights, implementation
26 
of development projects, natural, human-induced and human-made hazards.
27 
To address the risks involved in natural hazards and the over-all impact of climate
28 
change and global warming on the rights of those who are internally displaced, due
29 
reference shall be made to the pertinent provisions of Republic Act No. 9729,
30 
otherwise known as the Climate Change Act of 2009 and Republic Act No. 10121,
31 
otherwise known as the Philippine Disaster Risk Reduction and Management Act of
32 
2010.
33 
Sec. 5. Primary Duty to Protect the IDPs. -  
National authorities have the
34 
primary duty and responsibility to provide protection and humanitarian assistance to
35 
internally displaced persons within their jurisdiction. As such. State authorities,
36 
including local government units (LGUs) and parties to an armed conflict, irrespective
3


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of their legal status and applied without any adverse distinction, shall respect and
2 
ensure compliance with their obligations under international law, including human
3 
rights law and humanitarian law, so as to prevent and avoid conditions that might
4 
lead to arbitrary internal displacement of persons.
5 
Sec. 6. Prohibited Acts o f Arbitrary Internai Dispiacement -  The prohibited
6 
acts of arbitrary internal displacement shall include those committed:
7 
a) based on policies of apartheid, ethnic cleansing, or similar practices
8 
aimed at or resulting in altering the ethnic, religious or racial
9 
composition of the affected population;
10 
b) in situations of armed conflict, 
unless the safety and security of
11 
civilians are involved or imperative military reasons so demand;
12 
c) in cases of development projects, which are not justified by
13 
compelling 
and overriding 
public interest 
and 
with 
proper
14 
implementation of return, local integration or resettlement elsewhere
15 
of affected IDPs;
16 
d) in cases of natural, human-induced and human-made hazards, unless
17 
the safety and health of those affected require their evacuation;
18 
e) when used as a form of collective punishment;
19 
f) in cases of clan wars, unless the safety and security of those civilians
20 
not involved in the conflict are endangered;
21 
g) in cases of police and law enforcement operations or "raids" on entire
22 
communities ostensibly for crime-fighting, in violation of the right to
23 
due process and the presumption of innocence, and
24 
h) in violation of the rights of IDPs granted under Section 9, paragraphs
25 
b and g of this Act, and
26 
i) in cases where there is malice, bad faith, gross negligence or in any
27 
manner causes willful violation of the rights granted under Section 9,
28 
paragraphs a, c, d, e and f of this Act.
29 
An Order of Battle or any document of similar nature issued by the military or any
30 
law enforcement agency of the government shall not justify arbitrary internal
31 
displacement and shall subject the perpetrators to the penalties provided under
32 
Section 13 of this Act.
33 
Sec. 7. Safeguards against Arbitrary Internai Dispiacement. -  If displacement
34 
is inevitable under circumstances beyond control that pose hazardous risks to lives
35 
and properties of persons living in communities, displacement shall not be carried
36 
out in a manner that violates the rights to life, liberty, dignity, security, and property
4


1 
of those affected, irrespective of their legal status and applied without any adverse
2 
distinction.
3 
All concerned authorities, groups and persons shall observe the following safeguards
4 
against arbitrary internal displacement:
5 
a) All 
feasible 
alternatives 
shall 
be explored 
in 
order 
to 
avoid
6 
displacement. Where no alternative exists, all measures shall be
7 
undertaken to minimize displacement and its adverse effects on the
8 
population that will be affected;
9 
b) If 
displacement is inevitable, 
the authorities, 
pursuant to their
10 
respective mandates and functions, shall ensure, to the greatest
11 
practicable 
extent, 
that 
proper 
accommodation 
is 
effected 
in
12 
satisfactory conditions of safety, nutrition, water and sanitation, health
13 
and hygiene, and that members of the same family, especially women
14 
and children, are not separated;
15 
c) Indigenous peoples, minorities, peasants, pastoralists, persons with
16 
disabilities (PWDs) and other groups with special dependency on and
17 
attachment to their lands shall be protected from arbitrary internal
18 
displacement, in accordance with Republic Act No. 8371, otherwise
19 
known as the Indigenous People's Rights Act of 1997; and
20 
d) In 
situations other than during 
the emergency stages of armed
21 
conflicts and hazards, the following guarantees shall be complied with:
22 
a. a specific decision shall be taken by the authority empowered by
23 
law to order such measures;
24 
b. full disclosure of information on the reasons and procedures for
25 
the displacement and when applicable, 
also on financial
26 
assistance and relocation;
27 
c. free and informed consent of those persons to be displaced shall
28 
be sought;
29 
d. authorities concerned shall endeavor to involve those affected,
30 
particularly women, children, elderly persons* and PWDs, in the
31 
planning and management of their return, local integration or
32 
resettlement elsewhere;
33 
e. law enforcement measures, when required, shall be carried out
34 
by competent legal authorities; and
35 
f. 
the right to an effective remedy, including the review of such
36 
decisions by appropriate judicial authorities, shall be respected.
5


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Sec. 8. Permanent Prohibition Against Arbitrary Internal Displacement -  The
2 
prohibition on arbitrary internal displacement and the fundamental safeguards for its
3 
prevention shall not be suspended under any circumstance, including political
4 
instability, threat of war, state of war or other public emergencies.
5 
Sec. 9. Rights During and A fter Displacement -  Pursuant to the provisions of
6 
the Bill of Rights under Article III of the Philippine Constitution, the following rights
7 
shall be afforded to IDPs during and after their displacement, without discrimination
8 
of any kind, such as those based on race, color, sex, language, religion or belief,
9 
political or other opinion, national, ethnic or social origin, legal or social status, age,
10 
disability, property, birth, lack of tenurial claim, or on any other similar criteria:
11 
a) Provision and Access to Basic Necessities. -  At the minimum,
12 
regardless of the circumstances, and without discrimination, and with
13 
special attention to gender sensitivity and varying vulnerabilities
14 
competent authorities shall provide IDPs with and ensure safe access
15 
to:
16 
a. essential and adequate food and nutrition and potable water;
17 
b. basic shelter and housing, in conformity with the "National
18 
Building Code of the Philippines" (R.A. 6541);
19 
c. appropriate clothing; and
20 
d. essential medical and dental services and sanitation, including
21 
psychological and social services and essential drugs and
22 
medicines;
23 
Competent authorities shall also provide due respect to the cultural
24 
sensitivities and religious beliefs of certain IDPs, in the provision of the
25 
aforementioned necessities.
26 
b) Protection Against Criminal Offenses and Other Unlawful Acts. -
27 
a. It shall be prohibited to commit any of the following acts
28 
against IDPs in all circumstances:
29 
i. murder;
30 
ii. hostage-taking;
31 
iii. summary 
or 
arbitrary 
execution 
and 
enforced
32 
disappearance, including abduction or unacknowledged
33 
detention, threatening or resulting in death; and
34 
iv. unlawful confinement;
35 
b. Attacks or other acts of violence against IDPs who do not or no
36 
longer participate in hostilities shall be prohibited in all
6


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circumstances, without prejudice to being held liable for any 
offense committed by them. In particular, IDPs shall be 
protected against:
i. direct or indiscriminate attacks or other acts of violence,
including the creation of areas wherein attacks on 
civilians are permitted;
ii. starvation as a method of combat;
iii. their being used to shield military objectives from attack,
or to shield, favor or impede the operations of the 
military, police or any armed group;
iv. attacks 
against 
any 
evacuation 
center, 
facility,
encampment or other settlements; and
V. use of anti-personnel landmines;
c. IDPs, whether or not their liberty has been restricted, shall be 
protected in particular against:
i. 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;
ii. mutilation, 
torture, 
cruel, 
inhumane 
or 
degrading
treatm ent or punishment;
iii. any form of violence against children, such as trafficking,
forced labor or sexual exploitation and other violations 
of children's rights;
iv. slavery or any contemporary form of slavery, such as sale
into marriage, sexual exploitation or forced labor of 
children; and
V. acts of violence intended to spread terror among IDPs.
Threats and incitement to commit any of the foregoing acts under
paragraph b, subsections a) and b) herein shall be prohibited;
d. IDPs shall not be interned in or confined in any evacuation 
center, facility, 
encampment or other settlements. 
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
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with the military and law enforcement agencies conducting 
operations, and other concerned agencies of the government; 
and
e. 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 non-compliance 
with recruitment shall be prohibited in all circumstances;
c) Freedom o f Movement -
a. Every IDP has the right to liberty of movement and the right to 
move freely in and out of any evacuation center, encampment 
or other settlements, 
subject to 
its existing 
rules and 
regulations;
b. IDPs, whether or not they are living in an evacuation center, 
encampment or other settlements, shall not be discriminated 
against in the enjoyment of the following rights:
i. 
to enjoy freedom of thought, conscience, religion or 
belief, opinion and expression;
to seek freely opportunities for employment and to 
participate in economic activities; 
to associate freely and participate equally in community 
affairs;
to vote and participate in governmental and public 
affairs, including the right to have access to the means 
necessary to exercise these rights; and 
to communicate in a language they understand;
IDPs have the right to:
i. 
seek safety in another part of the country; 
leave the country;
seek asylum in another country; and 
be protected against forcible return to 
resettlement 
in 
any 
place where their lives, safety, liberty and/or 
health would be at risk;
d) Recognition, Issuance and Replacement o f Documents.
II.
IV.
V.
II.
IV.


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a. 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 and without discrimination against men and women, 
who shall have equal rights to obtain and to be issued the 
same in their own names;
b. Within a reasonable time, the pertinent national authorities, in 
close 
collaboration 
with 
the 
LCDs 
exercising 
territorial 
jurisdiction over the affected area/s shall establish a "one-stop 
shop" for all documentation and registration needs of IDPs, 
which shall be set up at a convenient location for IDPs, such as 
an evacuation center.
e) Family Unity and Missing Persons. -
a. 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;
b. The State shall encourage cooperation among international 
and local humanitarian organizations engaged in the task of 
family reunification;
c. The authorities concerned shall endeavor to establish the fate 
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;
d. 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;


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e. Competent authorities shall also provide due respect to cultural 
sensitivities and religious beliefs of certain IDPs, in the care 
and disposition of the deceased; and
f. 
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;
f)  Health and Education. -
a. Certain IDPs, such as children, especially unaccompanied 
minors, expectant mothers, mothers with young children, 
female heads of households, persons with disabilities, elderly 
persons and other vulnerable, disadvantaged and marginalized 
groups or individuals shall be entitled to protection and 
assistance required by their condition and to treatment which 
takes into account their special needs;
b. All wounded and sick IDPs, as well as those with disabilities, 
shall receive to the fullest extent practicable and with the least 
possible delay the medical care and attention they require, 
without distinction on any ground other than the medical ones. 
IDPs shall have access to psychological and social services and 
such other forms of assistance necessary for them;
c. Special attention shall be paid to the health needs of women, 
including 
access to comprehensive 
female 
health care 
services, to be provided whenever feasible by female health 
care providers, as well as appropriate counseling and other 
services for victims of sexual and other abuses;
d. Special attention shall also be given to the prevention of 
contagious and infectious diseases, including AIDS, among 
IDPs; and
e. The authorities concerned shall ensure that IDPs, in particular, 
displaced children, receive education that shall be free and 
compulsory at the primary level. Special efforts shall be made 
to ensure the full and equal participation of women and girls in 
educational programs, and that respect for their cultural 
identity, 
language and 
religion, 
educational and training 
facilities shall 
be 
made available to them as soon 
as 
circumstances permit; and
10


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g ) Property and Possessions. -  The property and possessions of IDPs
2 
shall, in all circumstances, be protected against the following acts:
3 
a. pillage or looting;
4 
b. direct and indiscriminate attacks or other acts of violence;
5 
c. being used to shield military operations or objectives;
6 
d. being made the object of reprisal;
7 
e. being destroyed or appropriated as a form of collective
8 
punishment; and
9 
f. destruction, arbitrary and illegal appropriation, occupation or
10 
use.
11 
The LGU exercising territorial jurisdiction over the affected area/s, with the
12 
assistance of the National Government, shall endeavor to facilitate the transportation
13 
of such property and possessions of IDPs, in a safe and secure area, during and after
14 
displacement, subject to logistical considerations.
15 
The rights and obligations herein shall not be interpreted as restricting, modifying or
16 
impairing the 
provisions of any 
international 
human 
rights or international
17 
humanitarian law or rights granted to persons under domestic law.
18 
Sec. 10. Assistance During Displacement o f IDPs. -  The primary duty and
19 
responsibility for providing humanitarian assistance to IDPs lie with national
20 
authorities, in close collaboration with the LGUs exercising territorial jurisdiction over
21 
the affected area/s. As such, the military and law enforcement agencies conducting
22 
operations, the Department of Social Welfare and Development (DSWD), the
23 
Department of Health (DOH), the local government hospitals, the LGUs concerned
24 
and other appropriate government agencies shall provide immediate relief and
25 
humanitarian assistance to IDPs, families and communities.
26 
Humanitarian assistance to IDPs shall not be diverted for any political or military
27 
reason. All authorities concerned shall grant and facilitate the free passage of
28 
humanitarian assistance to the internally displaced and ensure rapid, safe and
29 
unimpeded access of persons engaged in giving such assistance, their transport and
30 
supplies to the displaced communities. They shall not be the objects of attack or
31 
other acts of violence.
32 
All concerned authorities shall assist the IDPs in the recovery of their property and
33 
possessions, and shall provide or assist these persons in obtaining appropriate
34 
financial assistance or other forms of just reparation.
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Sec. 11. Early Recovery Plan. - The LGUs exercising territorial jurisdiction over 
the affected area/s shall craft an early recovery plan, in coordination with the IDPs, 
which may include the putting up of specific infrastructure for evacuation.
Sec. 12. Return, Local Integration o r Resettlement Elsewhere. -  Competent 
authorities, such 
as the military and 
law enforcement agencies conducting 
operations, the DSWD, the DOH, the local government hospitals, the LGUs concerned 
and other appropriate government agencies, shall have the primary duty and 
responsibility to establish conditions and provide 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, and with due respect for 
the cultural heritage and traditions of Indigenous Peoples.
Said authorities, including the CHR, shall likewise ensure prior consultations and the 
full participation of IDPs, during and after the planning and management of their 
return, local integration or resettlement elsewhere.
Sec. 
13. 
Mechanisms 
fo r 
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 internally displaced. 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.
When providing assistance to IDPs, said organizations 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.
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. 14. Penalties. -
a) The penalty of reclusion tem poral in its minimum to medium period 
shall be imposed upon any person or group of persons who commit 
the following;
12


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1
a. Those who directly commit the act of arbitrary internal 
displacement;
b. Those who directly force, instigate, encourage, induce or incite 
others to commit the act of arbitrary internal displacement;
c. 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;
d. Those who cooperated in the execution of the act of arbitrary 
internal displacement by previous or simultaneous acts; and
e. 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.
f. 
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 m ayor \x\ its minimum period shall be imposed 
upon those who attem pt to commit the offense of arbitrary internal 
displacement.
c) The penalty of prision m ayor \n 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
13


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
1
principals or accomplices, took part subsequent to its commission by 
any of the following acts:
a. By themselves profiting from or assisting the offender to profit 
from the effects of the act of arbitrary internal displacement;
b. By concealing the act of arbitrary internal displacement and/or 
destroying the effects or instruments thereof, in order to 
prevent its discovery; and
c. By harboring, concealing or assisting in the escape of the 
principal/s in the act of arbitrary internal displacement:
d. The courts shall impose the corresponding accessory penalties 
under the Revised Penal Code, especially where the offender is 
a public officer.
Sec. 15. AppHcabiHtY o f the Revised Pena! Code and Special Pena! 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. 16. 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. 17. Jurisdiction o f 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. 18. Damages. -  A court of competent jurisdiction shall determine the 
damages inflicted against IDPs and direct the persons responsible for arbitrary 
internal displacement to award 
monetary compensation 
under the following 
circumstances:
a) Where death of an individual victim occurs, the amount of one 
hundred thousand pesos (Php 100,000.00) 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 DSWD for appropriate interventions
14


1 
or services, to include psycho-social intervention and rehabilitation;
2 
and
3 
c) Where loss of or damage to property of an individual victim occurs,
4 
the amount corresponding to the fair market value of the property
5 
lost or destroyed or the amount mutually agreed upon by the parties
6 
involved, whichever is higher, shall be paid to the victim.
7 
Cases for damages filed under this Act shall be considered as an independent civil
8 
action and summary in nature. The Supreme Court shall promulgate the necessary
9 
rules and regulations to govern the procedure for cases filed in this manner.
10 
Sec. 19. Civil Liabilities. -  Any public officer or employee, or any private
11 
person, who directly or indirectly obstructs, defeats, violates or in any manner
12 
impedes or impairs any of the rights and liberties of another person enunciated in
13 
this Act shall be liable to the latter for damages.
14 
Sec. 20. Financial Assistance to IDPs. -  Whenever human rights violations are
15 
caused to the IDPs as incidents or consequences of arbitrary internal displacement,
16 
the necessary financial assistance for their return; local integration; or resettlement
17 
elsewhere shall be provided.
18 
The CHR shall enhance its existing financial assistance program for victims of such
19 
human rights violations to include financial assistance for the purpose of facilitating
20 
the reparation, return, local integration, or re settlement elsewhere of IDPs.
21 
Provided, That in no case shall financial assistance exceed ten thousand pesos (Php
22 
10,000.00) per person.
23 
Receipt of such financial assistance shall be without prejudice to the amount of
24 
assistance granted under other government programs, such as the Victims'
25 
Compensation Program of the Department of Justice (DOJ) by virtue of Republic Act
26 
No. 7309, the relief assistance to IDPs by the DSWD, the DOH, and other similar
27 
programs which may be made available to the IDPs under existing laws, rules and
28 
regulations.
29 
Sec. 21. Non-Monetary Reparation. -  The DOH, the DSWD, the Department of
30 
Education (DepEd), the Commission on Higher Education (CHED), the Technical
31 
Education and Skills Development Authority (TESDA) and such other agencies, shall
32 
render necessary services as non-monetary reparation for IDPs and their families as
33 
may be determined, in coordination with the CHR, pursuant to the provisions of this
34 
Act.
35 
Sec. 22. Role o f the CHR. -  The CHR shall be designated as the institutional
36 
focal point for IDPs. As such, the CHR shall have the following additional functions:
15


1 
a) To monitor IDP conditions through the development of a system to
2 
track concerns, actions taken and other relevant information to
3 
ensure that IDP rights are respected, protected, and fulfilled in all
4 
phases of internal displacement;
5 
b) To conduct public inquiries, document violations of human rights,
6 
assist IDPs in seeking redress of grievances and work to ensure an
7 
effective response by the concerned authorities;
8 
c) To investigate, on its own or on complaint by any party, all forms of
9 
human rights violations against IDPs involving civil and political rights,
10 
in accordance with Section 18(1) of Article X III of the Constitution,
11 
and when found in the investigation that the filing of a case in court
12 
is warranted, request the assistance of any department, bureau,
13 
office or agency, such as the National Prosecution Service of the DOJ
14 
or the Ombudsman, by virtue of Executive Order No. 163, series of
15 
1987;
16 
d) To render financial assistance at its sole discretion, and to issue
17 
necessary guidelines to implement the same;
18 
e) To recommend to the other agencies of government, taking into
19 
consideration their respective mandates and functions, the grant of
20 
assistance to IDPs, as may be appropriate;
21 
f) To cite any person in contempt for violations of the orders issued by
22 
them in accordance with the Rules of Court;
23 
g) To follow up on early warning and ensure effective measures to
24 
protect the civilian population against arbitrary internal displacement;
25 
h) To advise the government on the rights of IDPs, formulate sound
26 
national 
policy and 
legislation and to facilitate discussions to
27 
effectively address situations of internal displacement;
28 
i) To undertake educational activities and training programs for State
29 
authorities, including the AFP;
30 
j) To hold public information drives on the protection and rights of IDPs,
31 
and foster their participation in the decision-making process regarding
32 
issues that concern them; and
33 
k) To carry out such other acts that may be necessary to fully implement
34 
the purposes of this Act.
35 
Sec. 23. Role o f the DSWD. -  The DWSD shall have the following functions,
36 
among others:
16


1 
a) To render psycho-social interventions and similar services to IDPs;
2 
b) To facilitate linking IDPs to employment opportunities, support services
3 
and other livelihood programs, in cooperation with other government
4 
agencies, such as, but not limited to, the Department of Agriculture
5 
(DA), Department of Agrarian Reform (DAR) and the Department of
6 
Trade and Industry (DTI);
7 
c) To provide capital assistance to IDPs, who wish to start their respective
8 
trade or business , subject to reasonable rules and regulations; and
9 
d) To carry out such other acts that may be necessary to fully implement
10 
the aforementioned functions.
11 
Sec. 24. Joint Congressional Oversight Committee. -  A Joint Congressional
12 
Oversight Committee is hereby created, composed of the Chairperson of the Senate
13 
Committee on Justice and Human Rights and seven (7) other Senators designated by
14 
the Senate President, and the Chairperson of the House Committee on Human Rights
15 
and seven (7) other Members of the House of Representatives, designated by the
16 
Speaker of the House of Representatives: Provided, That of the seven (7) Members
17 
to be designated by each House of Congress, four (4) shall represent the Majority
18 
and three (3) shall represent the Minority.
19 
The Joint Congressional Oversight Committee shall also have the power to inquire
20 
into, summon and investigate the Orders of Battle as defined under this Act, and/or
21 
any document of similar nature, as well as the legal and factual justifications for the
22 
inclusion of specific persons and groups in said Orders of Battle or similar
23 
documents. In this regard, the Joint Congressional Oversight Committee may issue
24 
mandatory process directing the transmission of all such documents relevant and
25 
necessary for the Committee to determine the validity of the inclusion of specific
26 
persons or groups in the Orders of Battle or similar documents. For this purpose, the
27 
highest ranking officers or heads of offices shall be charged with testifying before the
28 
Joint Congressional Oversight Committee in relation to any inquiries on the Orders of
29 
Battle or similar documents.
30 
The invocation of national security as a defense may not prevent the Joint
31 
Congressional Oversight Committee from inquiring into the factual and/or legal bases
32 
for the existence of an Order of Battle, or any similar document, or the inclusion of
33 
specific persons or groups in said Orders of Battle or similar documents. Should there
34 
be a need to inquire into the factual basis for the invocation of national security, the
35 
Committee shall convene in an executive session and hear the officials invoking it.
36 
Should the basis not be satisfactory to the Committee, the public hearing/s will
17


1 
continue, and appropriate recommendations shall thereafter be made by the
2 
Committee.
3 
Sec. 25. Monitoring o f Compliance. -  An inter-agency coordinating committee
4 
shall be tasked to periodically monitor the compliance with this Act. The Committee
5 
shall be headed by the Chairperson of the CHR. 
Members of the group shall be
6 
composed of:
7 
a) A 
representative, 
with 
the 
rank of 
Undersecretary, 
from the
8 
Department of Social Welfare and Development;
9 
b) A 
representative, 
with 
the 
rank of 
Undersecretary, 
from the
10 
Department of National Defense;
11 
c) A 
representative, 
with 
the 
rank of 
Undersecretary, 
from the
12 
Department of Interior and Local 
Government;
13 
d) A 
representative, 
with 
the 
rank of 
Undersecretary, 
from the
14 
Department of Health;
15 
e) A 
representative, 
with 
the 
rank of 
Undersecretary, 
from the
16 
Department of Justice;
17 
f) A representative from the Office of Civil Defense /National Disaster
18 
Risk Reduction and Management Coordinating Council;
19 
g) A representative from the National Commission on Muslim Filipinos;
20 
h) A representative from the National Commission on Indigenous Peoples;
21 
i) A representative from the Office of the Presidential Adviser on the
22 
Peace Process
23 
j) A representative of IDP-oriented human rights non-governmental
24 
organizations (NGOs) and other human rights groups of the same
25 
nature, nominated by a selection board composed of human rights
26 
groups and NGOs;
27 
k) The Chairperson of the Committee on Justice and Human Rights of the
28 
Senate;
29 
I) The Chairperson of the Committee on Human Rights of the House of
30 
Representatives; and
31 
m )The Chairperson of the Committee on Justice of the House of
32 
Representatives.
33 
The Committee shall work towards the collection of data on the number and
34 
conditions of IDPs, leading to a registry that will aid the government in efficient
35 
planning and policy making regarding issues affecting IDPs.
18


1 
The Committee shall likewise prioritize the release of immediate financial assistance,
2 
allotted by its component agencies, to those affected by arbitrary internal
3 
displacement.
4 
The Committee shall submit an annual report to the Joint Congressional Oversight
5 
Committee herein created, thirty (30) days after the end of each fiscal year. 
Such
6 
annual report shall be the basis for proposed amendments to existing legislation to
7 
improve the conditions of internally displaced persons.
8 
Sec. 26. Appropriations. -  The amount necessary for the initial implementation
9 
of this Act shall be charged against the current year's appropriations of the CHR, the
10 
DSWD, the DOH, the Department of National Defense (DND) and the Department of
11 
the Interior and Local Government (DILG). Thereafter, such sums as may be
12 
necessary for the continued implementation of this Act shall be included in the GAA.
13 
Sec. 27. Implementing Rules and Regulations. -  Within sixty (60) days from
14 
the effectivity of this Act, the CHR shall issue the necessary rules and regulations for
15 
its implementation.
16 
In the formulation of the rules and regulations, the CHR shall take the lead and
17 
coordinate with DSWD, DND, DILG, DOH, DOJ, Department of Environment and
18 
Natural 
Resources 
(DENR), 
AFP, 
Philippine 
National 
Police 
(PNP), 
Philippine
19 
Commission on Women (PCW), Council for the Welfare of Children (CWC), National
20 
Commission on Indigenous Peoples (NCIP), National Commission On Disability Affairs
21 
(NCDA), Presidential Commission on Urban Poor (PCUP), Housing and Urban
22 
Development Coordinating Council (HUDCC), National Disaster Risk Reduction and
23 
Management Council (NDRRMC), National Housing Authority (NHA), NCMF and
24 
consult with the 
LGUs concerned, 
relevant human 
rights non-governmental
25 
organizations and people's organizations.
26 
Sec. 28. 
Separability Clause. -  If any part or provision of this Act shall be
27 
declared unconstitutional or invalid, the other provisions hereof which are not
28 
affected thereby shall remain in full force and effect.
29 
Sec. 29. Repealing Clause. -  All laws, decrees, executive orders, memorandum
30 
orders, memorandum circulars, administrative orders, ordinances or parts thereof
31 
which are inconsistent with the provisions of this Act are hereby deemed repealed or
32 
modified accordingly.
33 
Sec. 30. Effectivity. -  This Act shall take effect fifteen (15) days after its
34 
publication in the Official Gazette or in a newspaper of national circulation.
Approved,
19