NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
S.B. No.
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SENATE
2447
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23 SEP 21 AIO :19
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RECEiVEOBV;
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS OF HUMAN RIGHTS 
DEFENDERS, DECLARING STATE RESPONSIBILITIES, AND INSTITUTING 
EFFECTIVE MECHANISMS FOR THE PROTECTION AND PROMOTION OF 
THESE RIGHTS AND FREEDOMS
EXPLANATORY NOTE
Article II, Section 11 of the 1987 Constitution provides that the State values 
the dignity of every human person and guarantees full respect for human rights. 
Recent legislations have also been adopted to the promotion of social justice and 
human dignity such as Republic Act (R.A.) No. 9710 or the Magna Carta of Women, 
R.A. No. 10353 or the Anti-Enforced Disappearance Act, and R.A. No. 11862 or the 
Expanded Anti-Trafficking in Persons Act. Despite this constitutional mandate, policy 
interventions, and the country's commitments to international human rights 
instruments, violations of human rights persist.
This is why the role of Human Rights Defenders (HRDs) is crucial as they 
protect, promote, and strive for the realization of human rights and fundamental 
freedoms and welfare of the people. It is then alarming how HRDs are often targets 
and victims of harassment and persecution. They are treated with contempt, even 
threatened with violence. HRDs are often subjected to summary execution, enforced 
disappearance, false labelling and red-tagging, and malicious prosecution.
In view of the foregoing, this bill seeks to guarantee the protection of the rights 
and fundamental freedoms of HRDs, specify the obligations of the State to ensure the 
enjoyment of these rights and freedoms, and impose appropriate sanctions to counter 
impunity. Among the HRD rights and freedoms this bill seeks to respect, protect and 
promote are:
Right to promote and protect human rights and fundamental freedoms;
Right to form groups, associations and organizations;
Right to peaceful assembly;
Right to seek, receive and disseminate information;
Right to privacy;
Right to develop and advocate human rights ideas;


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Right to solicit, receive and utilize resources;
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Right to access, communicate and cooperate with international and regional 
human rights bodies and mechanisms;
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Right to effective remedy and full reparation ;
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Freedom from intimidation and reprisal; and
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Freedom of movement.
The corresponding duties and obligations of the State and public authorities to 
protect HRDs include the:
Obligation to respect, promote, protect and fulfill the rights of HRDs; 
Obligation not to participate in violating human rights and fundamental 
freedoms;
Obligation to facilitate the activities and work of HRDs;
Obligation to prevent and to ensure protection from intimidation or reprisal; 
Obligation to penalize intimidation or reprisal;
Obligation to refrain from derogatory and unfounded labeling;
Obligation to ensure protection from arbitrary or unlawful intrusion or 
interference;
Obligation to conduct investigation, and to ensure effective remedy and full 
reparation;
Obligation to promote and facilitate human rights education; and 
Obligation to adopt a human rights-based governance.
The rights of HRDs must be fully recognized and the duties of public authorities 
be institutionalized. Human rights are fundamental anchors of our democratic society. 
The mission to protect those who defend our rights must persist.
The passage of this measure is thus earnestly sought.
,GU3hJC&dAJLK4!S--
RISA HONTIVEROS ^
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VT?'1
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
SENATE
S.B. No. 2447
: d.u-p
23 SEP 21 A10:19 
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RECEIVED BY:.
V
INTRODUCED BY SENATOR RISA HONTIVEROS
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AN ACT
DEFINING THE RIGHTS AND FUNDAMENTAL FREEDOMS OF HUMAN RIGHTS 
DEFENDERS, DECLARING STATE RESPONSIBILITIES, AND INSTITUTING 
EFFECTIVE MECHANISMS FOR THE PROTECTION AND PROMOTION OF 
THESE RIGHTS AND FREEDOMS
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
SECTION 1. Short We. — 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) Ta 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 complement and rehabilitation 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


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Recognized Human Rights and Fundamental Freedoms (Declaration
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on Human Rights Defenders);
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3. International Covenant on Civil and Political Rights (ICCPR);
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4. International Covenant on Economic, Social and Cultural Rights
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(ICESCR);
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5. Convention against Torture and other Cruel, Inhuman or Degrading
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Treatment or Punishment (CAT);
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6. Convention on the Elimination of all Forms of Discrimination against
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Women (CEDAW);
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7. Convention on the Rights of the Child (CRC);
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8. International Convention on the Protection of the Rights of All
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Migrant Workers and Members of Their Families (CMW);
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9. Convention on the Rights of Persons with Disabilities (CRPD);
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10. International Convention for the Protection of All Persons from
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Enforced Disappearance (CPED);
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11. Declaration on the Rights of Indigenous Peoples; and
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12. Other universal treaties, comments and resolutions.
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Sec. 3. Construction in Favor of Human Rights Defenders. - Ali provisions of
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this Act shall be construed to achieve its objectives. All doubts in the implementation
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and interpretation of these provisions shall be resolved in favor of the human rights
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defender.
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Sec. 4. Definition of terms. - As used in this Act:
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a) Human Rights and Fundamentai Freedoms refer to rights or entitlements
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inherent in all human persons and freedoms recognized in or declared by
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international and regional human rights instruments and customary
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international law and by national laws that are consistent with the said
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instruments and law, and are demandable primarily from the State, but also
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from non-state actors;
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b) Human Rights Defender refers to any person who, individually or in
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association with others, acts or seeks to act to protect, promote or strive
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for the protection and realization of human rights and fundamental
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freedoms and welfare of the people at the local, national, regional, and
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international levels; Provided, that this definition shall also include
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environmental defenders, women and LGBTQI+ human rights defenders,
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child's rights defenders, and those involved in the defense and promotion
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of economic, social and cultural rights;
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c) Human Rights Organization refers to a group, organization or association in
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the local, national, regional or international level, whether formal or
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informal, registered or unregistered, that strive for the protection of human
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rights and fundamental freedoms and welfare of the people;
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d) Government Agency refers to any department, bureau, office, or unit of the
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National Government, or any of its branches and instrumentalities, or any
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political subdivision, as well as any government-owned or -controlled
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corporation, including its subsidiaries, or other self-governing branch,
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commission or council of the Government, to include but not be limited to
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any grouping of the Armed Forces of the Philippines, Philippine National


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Police or other State security forces, including military or police force 
multipliers;
e) Superior Officer refers to the government official who has direct 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 Armed 
Forces of the Philippines, or the Director Generai of the Philippine Nationai 
Police;
f) Intergovernmentai Organization refers to an organization established 
through a treaty or other agreements 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 delegation or contracted by a governmental 
authority or agency;
h) Intimidation or Reprisal refers to any form of vioience, threat, retaliation, 
de facto or de jure adverse discrimination, pressure, judicial harassment, or 
any other arbitrary or abusive action or threat, including cyber-attacks, 
hacking, defacement of websites, distributed denial-of- service attacks and 
similar acts 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 ether representative of the human rights defender 
appointed to conduct the latter's affairs or to otherwise act on his or her 
behalf; (iv) a family member or relative of the human rights defender up to 
the fourth degree of consanguinity or affinity, and includes common law 
relations; (v) a group, association, organization, community or network, 
whether formal or informal, registered or unregistered 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 (v).
CHAPTER II
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 international 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.


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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 reaiization of human rights 
and fundamental freedoms.
(2) In pursuance of the right in subsection (1), subject to the of existing iaws 
and consistent with provisions of this Act, freezing, sequestration or seizure by any 
bank or financial institution of the fund soiicited from and released by the source is 
hereby prohibited.
Sec. 8. Right to Solicit, 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 
these rights and freedoms are given effect in the 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;
c) To freely publish, impart or disseminate to others' views, information and 
knowledge on all human rights and fundamental freedoms;
d) To study, discuss, form and hold opinions on the observance, both in Ian 
and in practice, of all human rights and fundamental freedoms and, through 
these and other means, to draw public attention to these matters.
(2) The right in subsection (1) may be exercised orally, in writing, in print, in 
the form of art or through any other media, whether online or offline.
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 their acceptance.
Sec. 10. Right to Communicate with Non-governmentai, Governmental and 
Intergovernmental Organizations. - Everyone, individually and 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 labeling, red- tagging, name-calling, 
or malicious and fabricated accusations against him or her of any offense, or from any 
other kind of vilification.
Sec. 12. Right to Access, Communicate and Cooperate with International and 
Regional Human Rights Bodies and Mechanisms. — In accordance with applicable


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international instruments and procedures, everyone, individually or in association with 
others, has the right to unhindered access to 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 Pubiic 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 
acter, 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 Sit Dut in this Chapter.
Sec. 14. Right to Peacefui Assembiy. -
(1) Everyone, individually or in association with others, has the right ID 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 concerning 
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 such as the Commission on 
Human Rights and the Ombudsman;


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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 to authorities and bodies 
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 shali, within its territory or place of jurisdiction, have 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 lawfuliy within the Phiiippine territory shall be expelled therefrom, 
as an individual or as part of a group, wholly or partially, an account of 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 uniawfui intrusion and interference into 
one's personal activities inciuding those concerning one's famiiy, iivelihood and piace 
of work, one's correspondences and possessions, including all 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," search and seizure in relation to 
his or her iegitimate activity or work as a human rights defender.
(4) The right to privacy extends to groups, organizations or associations.
Sec. 18. Freedom from intimidation orreprisai. - No person shaii be subjected, 
individually or in association with others, to any form of intimidation or reprisai on the 
grounds of or in relation to his or her status, activities or work as a human rights 
defender.
Sec. 19. Right to a Sanctuary. — Any person, individuaily or in association with 
others, who has been subjected to any form of intimidation or reprisai, has the right 
to a safe refuge or sanctuary.
Said sanctuary shali be considered established if that person gives confidentiai 
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.


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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 pubiic 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 Development of Personality.
(1) Consistent with Articie 18 (1) of the UN Declaration on Human Rights 
Defenders, everyone, individualiy or in association with others, has the right to the 
unhindered exercise of culturai 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 nonmonetary, in the event 
of a violation of the rights in Chapter II or a breach of obligations in Chapter III of 
this Act.
(2) A person whose rights 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 obligation under Chapter III of this Act may be filed by the 
following:
a) a human right defender;
b) 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;
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; and
g) the Human Rights Defenders' Protection Committee.
However, as much as possible, the consent of the victim must first be obtained 
before a complaint is filed. 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. Limitation on the Rights of Human Right Defenders. — In exercising 
the rights in Chapter II of this Act, a human rights defender, individually or in 
association with others, shall be subject only to limitations that are prescribed by law, 
and are reasonable, necessary and proportionate in accordance with international


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human rights obligations and standards. Such rights shall be exercised solely for the 
purpose of securing due recognition of and respect for the human rights and 
fundamental freedoms of others and should meet the reasonable requirements of 
public order and general welfare in a democratic society.
CHAPTER III
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 freely undertake their activities and work in a safe and 
enabling environment without 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 vested on human rights 
defenders under Chapter II of this Act, which measures shall include the obligations 
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;
c) provide information about violations of human rights or fundamental 
freedoms that may have been committed within Philippine territory or 
jurisdiction, including those committed by agents of the State in the line of 
duty;
d) develop and enhance the capacity of rights defenders to defend and 
promote human rights and fundamental freedoms; and
e) publicly recognize the role, functions and activities of human rights 
defenders.
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, archived 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 
rights bodies and mechanisms;
e) Reports and communications of international human rights bodies and 
mechanisms involving the country's compliance with international treaty 
obligations;


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f) Documents and information related to the decisions or activities of the 
Commission on Human Rights 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. - 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. 2B. Obligation to Prevent: and to Ensure Protection from Intimidation or 
Reprisal. - Public authorities shall take all necessary measures to ensure the 
prevention of and protection from any intimidation Dr reprisal by any public or private 
actor against human rights defenders. 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 penalized under the appropriate provision/s of the 
Revised Penal Code, in addition to administrative and/or civil sanctions that may be 
imposed considering the gravity of the offense, upon the discretion of the court or 
competent authority.
Sec. 30. Obligation to Refrain from Derogatory and Unfounded Labeling. - (1) 
Under no circumstance shall public authorities engage in false, unfounded and 
derogatory labeling of human rights defenders including identifying or tagging them 
as "reds", "communists", "terrorists", or "enemies of the State".
(2) Public authorities shall immediately expunge or rectify such labeling as part 
of the non-monetary reparation ID victims referred to in Section 22 (2) of Chapter II 
and Section 34 of Chapter III of this Act.
Sec. 31. Obligation to Ensure Protection from 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


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acts of commission or omission, in violating human rights and fundamentai 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, uphoid and 
promote human rights and fundamental freedoms, and shall not be subject to any 
administrative sanctions 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 kiiled, tortured, 
ill-treated, arbitrarily detained, threatened or subject to a vioiation 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 RA 9745, "the Anti-Torture Act"; RA 10353, the "Anti-Enforced or 
Invoiuntary Disappearance Act"; and RA 7438, "An Act Defining Certain Rights of 
Person Arrested, Detained or Under Custodial Investigation as weli as the Duties of 
the Arresting, Detaining and Investigating Officers, and Providing Penalties for 
Vioiations Thereof". Presumption of regularity in the performance of duty by the 
offending public authority shaii not be invoked.
Sec. 34. Obligation to Ensure Effective Remedy and Full Reparation. - Public 
authorities shaii take all necessary measures to ensure that an effective remedy and 
fuli reparation are availabie and provided for vioiations 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 responsibiiity and 
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 Governance. - Pubiic 
authorities shaii adapt the human rights-based approach to governance and 
development, including counterinsurgency and anti-terror programs and policies.
Sec. 37. Obligation to Strengthen Protection Program. — The Commission on 
Human Rights shaii strengthen its protection program and provide a safe place of 
refuge or sanctuary for high-risk human rights defenders and or their immediate 
famiiies, more particulariy those who have filed formal complaints against high-ranking 
public authorities.
Sec. 38. Obligation to Respect the Principle of Non-refouiement - No person 
shaii be forcibly returned, expelled, or extradited to another State where there are 
substantiai grounds to beiieve that the human rights and fundamental freedoms of 
the person are in danger of being vioiated.
Sec. 39. Obligation to Promote and Facilitate Human Rights Education. — All 
government agencies shaii 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
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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 curricuium in aii 
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 vioiation of this Act shaii 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 collegiai body to be known as the Human 
Rights Defenders Protection Committee, herein referred to as the Committee, that 
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 shaii be jointly nominated by 
two (2) representatives each of the Philippine Alliance of Human Rights Advocates 
(PAHRA), Karapatan Aliiance for the Advancement of Peopie's Rights (Karapatan), 
Free Legal Assistance Group (FLAG), and the Nationai Union of People's Lawyers 
(NUPL) in a meeting calied for this purpose, without prejudice to the nominations of 
other human rights organizations who have proven track records of probity and 
independence.
(2) The aforementioned nominees shall be appointed by the Commission on 
Human Rights 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 Commission on Human Rights 
(CHR) for administrative and budgetary purposes only.
(5) The Committee shall organize itseif 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. Quaiifications of the Committee Members. - The Members of the 
Committee shall possess the following qualifications:
a) High morai character, recognized probity, competence, and integrity;
b) Known independence in making decisions and taking stances on issues and 
concerns pertaining to the protection and promotion of human rights and 
fundamental freedoms;
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c) 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
d) At least two (2) members, including the Chairperson must be members of 
the Phiiippine 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 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 mark of human rights defenders;
f) Consult regularly and mark 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 Ach, 
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) Take 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 defenders; and
l) Perform other relevant functions as may be necessary to attain the 
objectives of this Act.
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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 fuil 
and effective implementation of the Act.
CHAPTER V
PENALTIES
Sec. 46. Penaityfor Vioiations of Sections 5 to 16 of this Act. - The penalty of 
prision mayor in 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 personnei or the whole 
complement of the paramilitary unit, the government asset (and/or the miiitary 
affiliate) who violates any of the rights of a human rights defender defined in sections 
5 to 16 of this Act.
Sec. 47. Penaity for Destroying, Aitering, or Faisifying Records and Documents. 
- The penalty of prision mayor in its minimum to its medium period or a fine of One 
hundred thousand pesos (Phpl00,000.00) or both, at the discretion of the court, shaii 
be imposed upon any government personnei or the whole complement of a 
government unit, the paramiiitary personnei or the whole compliment 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 aitering, destroying, mutiiating, concealing, covering up, faisifying, 
or making any false entries in any record, document, or specimen whereof, relative to 
any matter involving any human rights defenders, or the activities of the defenders' 
organizations.
Sec. 48. Penaity for Any Other Vioiations of this Act. - The penaity 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 individuai 
who violates any other provisions of this Act.
Sec. 49. Vioiations of this Act as Aggravating Circumstances - A violation of 
any provision of this Act committed during the commission of a crime defined in any 
penai law shall be considered an aggravating circumstance in the imposition of the 
penaity on said crime.
Sec. 50. Non-Appiicabiiity of the Probation Law. - A violation of any provision 
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
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Sec. 51. Implementing Rules and Regulations. —
(1) Within sixty (60) days from the effectivity of this Act, the Commission on 
Human Rights in consultation with PAHRA, Karapatan, FLAG, and NUPL, and other 
human rights organizations and individual human rights 4efenders of known probity, 
shail promulgate the Implementing Ruies and Reguiations (IRR) for the effective 
implementation of this Act and shail ensure the full dissemination of the Act and the 
IRR to the public.
(2) In formuiating the corresponding rules and regulations and in impiementing 
this Act, the foliowing guiding principles shall be strictly adhered to;
a) Adherence to the rule of law is the ultimate safeguard against vioiations of 
human rights and fundamentai freedoms.
b) Empowerment of human rights defenders is enhanced by their active 
participation in formulating, impiementing, and evaluating protection 
programs for human rights defenders.
c) 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 personai 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 fundamentai 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.
g) Transparent, aboveboard, and equitable resource allocation and 
disbursement help ensure maximum protection to human rights defenders 
and their constituencies particuiarly those of higher risks and vuinerabilities.
h) Risks and chailenges faced by women and lesbians, gays, bisexuais and 
transgenders (LGBT) human rights defenders and those working on 
women's and LGBT rights and gender issues demand speciai 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 Applications. — The applicabie provisions of the Revised 
Penai Code shali have suppletory application insofar as they are consistent with the 
provisions of this Act.
Sec. 53. Separability Clause. — 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 shalt remain and continue to be in fuli force and effect.
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Sec. 54. 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. 55. Etfectivity Clause. — This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette, or in a newspaper of general circulation.
Approved,
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