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Group 2_Block4

Legislation affecting the International covenant of human rights in Civil


and Political Rights
1.)Republic Act no. 9745
Begun and held in Metro Manila, on Monday, the twenty-seventh day of
July, two thousand nine.
REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES
THEREFOR
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of
2009".
Section 2. Statement of Policy. - It is hereby declared the policy of the
State:
(a) To value the dignity of every human person and guarantee full respect
for human rights;
(b) To ensure that the human rights of all persons, including suspects,
detainees and prisoners are respected at all times; and that no person
placed under investigation or held in custody of any person in authority
or, agent of a person authority shall be subjected to physical,
psychological or mental harm, force, violence, threat or intimidation or
any act that impairs his/her free wi11 or in any manner demeans or
degrades human dignity;
(c) To ensure that secret detention places, solitary, incommunicado or
other similar forms of detention, where torture may be carried out with
impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the absolute
condemnation and prohibition of torture as provided for in the 1987
Philippine Constitution; various international instruments to which the
Philippines is a State party such as, but not limited to, the International
Covenant on Civil and Political Rights (ICCPR), the Convention on the
Rights of the Child (CRC), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDA W) and the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(CAT); and all other relevant international human rights instruments to


which the Philippines is a signatory.
Section 3. Definitions. - For purposes of this Act, the following terms shall
mean:
(a) "Torture" refers to an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for such purposes
as obtaining from him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a
third person; or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a person in authority or agent of a person in
authority. It does not include pain or Buffering arising only from, inherent
in or incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers
to a deliberate and aggravated treatment or punishment not enumerated
under Section 4 of this Act, inflicted by a person in authority or agent of a
person in authority against a person under his/her custody, which attains
a level of severity causing suffering, gross humiliation or debasement to
the latter.
(c) "Victim" refers to the person subjected to torture or other cruel,
inhuman and degrading treatment or punishment as defined above and
any individual who has suffered harm as a result of any act(s) of torture,
or other cruel, inhuman and degrading treatment or punishment.
(d) "Order of Battle" refers to any document or determination made by the
military, police or any law enforcement agency of the government, listing
the names of persons and organizations that it perceives to be enemies of
the State and that it considers as legitimate targets as combatants that it
could deal with, through the use of means allowed by domestic and
international law.
Section 4. Acts of Torture. - For purposes of this Act, torture shall include,
but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a
person in authority or agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with
truncheon or rifle butt or other similar objects, and jumping on the
stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or


human excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by
the rubbing of pepper or other chemical substances on mucous
membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement,
urine, vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into
the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to
the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory.
alertness or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental
competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a
disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in
authority or agent of a person in authority which are calculated to affect
or confuse the mind and/or undermine a person's dignity and morale, such
as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm,
execution or other wrongful acts;

(3) Confinement in solitary cells or secret detention places;


(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public
humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one
place to another, creating the belief that he/she shall be summarily
executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading
him/her in public places, shaving the victim's head or putting marks on
his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member
of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment.
- Other cruel, inhuman or degrading treatment or punishment refers to a
deliberate and aggravated treatment or punishment not enumerated
under Section 4 of this Act, inflicted by a person in authority or agent of a
person in authority against another person in custody, which attains a
level of severity sufficient to cause suffering, gross humiliation or
debasement to the latter. The assessment of the level of severity shall
depend on all the circumstances of the case, including the duration of the
treatment or punishment, its physical and mental effects and, in some
cases, the sex, religion, age and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment, An Absolute Bight. - Torture and other cruel,
inhuman and degrading treatment or punishment as criminal acts shall
apply to all circumstances. A state of war or a threat of war, internal
political instability, or any other public emergency, or a document or any
determination comprising an "order of battle" shall not and can never be
invoked as a justification for torture and other cruel, inhuman and
degrading treatment or punishment.

Section 7. Prohibited Detention. - Secret detention places, solitary


confinement, incommunicado or other similar forms of detention, where
torture may be carried out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of
the Philippines (AFP) and other law enforcement. agencies concerned shall
make an updated list of all detention centers and facilities under their
respective jurisdictions with the corresponding data on the prisoners or
detainees incarcerated or detained therein such as, among others, names,
date of arrest and incarceration, and the crime or offense committed. This
list shall be made available to the public at all times, with a copy of the
complete list available at the respective national headquarters of the PNP
and AFP. A copy of the complete list shall likewise be submitted by the
PNP, AFP and all other law enforcement agencies to the Commission on
Human Rights (CHR), such list to be periodically updated, by the same
agencies, within the first five (5) days of every month at the minimum.
Every regional office of the PNP, AFP and other law enforcement agencies
shall also maintain a similar list far all detainees and detention facilities
within their respective areas, and shall make the same available to the
public at all times at their respective regional headquarters, and submit a
copy. updated in the same manner provided above, to the respective
regional offices of the CHR.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any
confession, admission or statement obtained as a result of torture shall be
inadmissible in evidence in any proceedings, except if the same is used as
evidence against a person or persons accused of committing torture.
Section 9. Institutional Protection of Torture Victims and Other Persons
Involved. - A victim of torture shall have the following rights in the
institution of a criminal complaint for torture:
(a) To have a prompt and an impartial investigation by the CHR and by
agencies of government concerned such as the Department of Justice
(DOJ), the Public Attorney's Office (PAO), the PNP, the National Bureau of
Investigation (NBI) and the AFP. A prompt investigation shall mean a
maximum period of sixty (60) working days from the time a complaint for
torture is filed within which an investigation report and/or resolution shall
be completed and made available. An appeal whenever available shall be
resolved within the same period prescribed herein,
(b) To have sufficient government protection against all forms of
harassment; threat and/or intimidation as a consequence of the filing of
said complaint or the presentation of evidence therefor. In which case, the
State through its appropriate agencies shall afford security in order to
ensure his/her safety and all other persons involved in the investigation
and prosecution such as, but not limited to, his/her lawyer, witnesses and
relatives; and

(c) To be accorded sufficient protection in the manner by which he/she


testifies and presents evidence in any fora in order to avoid further
trauma.
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas
Data Proceedings and Compliance with a Judicial 07'der. - A writ of habeas
corpus or writ of amparo or writ of habeas data proceeding, if any, filed on
behalf of the victim of torture or other cruel, degrading and inhuman
treatment or punishment shall be disposed of expeditiously and any order
of release by virtue thereof, or other appropriate order of a court relative
thereto, shall be executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall
render legal assistance in the investigation and monitoring and/or filing of
the complaint for a person who suffers torture and other cruel, inhuman
and degrading treatment or punishment, or for any interested party
thereto.
The victim or interested party may also seek legal assistance from the
Barangay Human Rights Action Center (BRRAC) nearest him/her as well as
from human rights nongovernment organizations (NGOs).
Section 12. Right to' Physical, Medical and Psychological Examination. Before and after interrogation, every person arrested, detained or under
custodial investigation shall have the right to he informed of his/her right
to demand physical examination by an independent and competent doctor
of his/her own choice. If such person cannot afford the services of his/her
own doctor, he/she shall he provided by the State with a competent and
independent doctor to conduct physical examination. The State shall
endeavor to provide the victim with psychological evaluation if available
under the circumstances. If the person arrested is a female, she shall be
attended to preferably by a female doctor. Furthermore, any person
arrested, detained or under custodial investigation, including his/her
immediate family, shall have the right to immediate access to proper and
adequate medical treatment. The physical examination and/or
psychological evaluation of the victim shall be contained in a medical
report, duly signed by the attending physician, which shall include in
detail his/her medical history and findings, and which shall he attached to
the custodial investigation report. Such report shall be considered a public
document.
Following applicable protocol agreed upon by agencies tasked to conduct
physical, psychological and mental examinations, the medical reports
shall, among others, include:
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;

(c) The name and address of the person who brought the patient or victim
for physical, psychological and mental examination, and/or medical
treatment;
(d) The nature and probable cause of the patient or victim's injury, pain
and disease and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/or
trauma was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were
sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision
may knowingly and voluntarily waive such rights in writing, executed in
the presence and assistance of his/her counsel.
Section 13. Who are Criminally Liable. - Any person who actually
participated Or induced another in the commission of torture or other
cruel, inhuman and degrading treatment or punishment or who
cooperated in the execution of the act of torture or other cruel, inhuman
and degrading treatment or punishment by previous or simultaneous acts
shall be liable as principal
Any superior military, police or law enforcement officer or senior
government official who issued an order to any lower ranking personnel to
commit torture for whatever purpose shall be held equally liable as
principals.
The immediate commanding officer of the unit concerned of the AFP or
the immediate senior public official of the PNP and other law enforcement
agencies shall be held liable as a principal to the crime of torture or other
cruel or inhuman and degrading treatment or punishment for any act or
omission, or negligence committed by him/her that shall have led,
assisted, abetted or allowed, whether directly or indirectly, the
commission thereof by his/her subordinates. If he/she has knowledge of
or, owing to the circumstances at the time, should have known that acts
of torture or other cruel, inhuman and degrading treatment or punishment
shall be committed, is being committed, or has been committed by his/her
subordinates or by others within his/her area of responsibility and, despite
such knowledge, did not take preventive or corrective action either before,
during or immediately after its commission, when he/she has the authority
to prevent or investigate allegations of torture or other cruel, inhuman
and degrading treatment or punishment but failed to prevent or

investigate allegations of such act, whether deliberately or due to


negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has
knowledge that torture or other cruel, inhuman and degrading treatment
or punishment is being committed and without having participated
therein, either as principal or accomplice, takes part subsequent to its
commission in any of the following manner:
(a) By themselves profiting from or assisting the offender to profit from
the effects of the act of torture or other cruel, inhuman and degrading
treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading
treatment or punishment and/or destroying the effects or instruments
thereof in order to prevent its discovery; or(c) By harboring, concealing or
assisting m the escape of the principal/s in the act of torture or other
cruel, inhuman and degrading treatment or punishment: Provided, That
the accessory acts are done with the abuse of the official's public
functions.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be
imposed upon the perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of
torture, the victim shall have become insane, imbecile, impotent, blind or
maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who
commit any act of mental/psychological torture resulting in insanity,
complete or partial amnesia, fear of becoming insane or suicidal
tendencies of the victim due to guilt, worthlessness or shame.
(c) The penalty of prision correccional shall be imposed on those who
commit any act of torture resulting in psychological, mental and emotional
harm other than those described 1n paragraph (b) of this section. '
(d) The penalty of prision mayor in its medium and maximum periods shall
be imposed if, in consequence of torture, the victim shall have lost the
power of speech or the power to hear or to smell; or shall have lost an

eye, a hand, a foot, an arm or a leg; or shall have lost the use of any such
member; Or shall have become permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods shall
be imposed if, in consequence of torture, the victim shall have become
deformed or shall have lost any part of his/her body other than those
aforecited, or shall have lost the use thereof, or shall have been ill or
incapacitated for labor for a period of more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision
mayor in its minimum period shall be imposed if, in consequence of
torture, the victim shall have been ill or incapacitated for labor for mare
than thirty (30) days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium period
shall be imposed if, in consequence of torture, the victim shall have been
ill or incapacitated for labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting
cruel, inhuman or degrading treatment or punishment as defined in
Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who
establish, operate and maintain secret detention places and/or effect or
cause to effect solitary confinement, incommunicado or other similar
forms of prohibited detention as provided in Section 7 of this Act where
torture may be carried out with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible
officers or personnel of the AFP, the PNP and other law enforcement
agencies for failure to perform his/her duty to maintain, submit or make
available to the public an updated list of detention centers and facilities
with the corresponding data on the prisoners or detainees incarcerated or
detained therein, pursuant to Section 7 of this Act.
Section 15. Torture as a Separate and Independent Crime. - Torture as a
crime shall not absorb or shall not be absorbed by any other crime or
felony committed as a consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be treated as a separate
and independent criminal act whose penalties shall be imposable without
prejudice to any other criminal liability provided for by domestic and
international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In
order not to depreciate the crime of torture, persons who have committed
any act of torture shall not benefit from any special amnesty law or similar
measures that will have the effect of exempting them from any criminal
proceedings and sanctions.

Section 17. Applicability of Refouler. - No person shall be expelled,


returned or extradited to another State where there are substantial
grounds to believe that such person shall be in danger of being subjected
to torture. For the purposes of determining whether such grounds exist,
the Secretary of the Department of Foreign Affairs (DFA) and the Secretary
of the DOJ, in coordination with the Chairperson of the CHR, shall take into
account all relevant considerations including, where applicable and not
limited to, the existence in the requesting State of a consistent pattern of
gross, flagrant or mass violations of human rights.
Section 18. Compensation to Victims of Torture. - Any person who has
suffered torture shall have the right to claim for compensation as provided
for under Republic Act No. 7309: Provided, That in no case shall
compensation be any lower than Ten thousand pesos (P10,000.00).
Victims of torture shall also have the right to claim for compensation from
such other financial relief programs that may be made available to
him/her under existing law and rules and regulations.
Section 19. Formulation of a Rehabilitation Program. - Within one (1) year
from the effectivity of this Act, the Department of Social Welfare and
Development (DSWD), the DOJ and the Department of Health (DOH) and
such other concerned government agencies, and human rights
organizations shall formulate a comprehensive rehabilitation program for
victims of torture and their families. The DSWD, the DOJ and thc DOH shall
also call on human rights nongovernment organizations duly recognized
by the government to actively participate in the formulation of such
program that shall provide for the physical, mental, social, psychological
healing and development of victims of torture and their families. Toward
the attainment of restorative justice, a parallel rehabilitation program for
persons who have committed torture and other cruel, inhuman and
degrading punishment shall likewise be formulated by the same agencies.
Section 20. Monitoring of Compliance with this Act. - An Oversight
Committee is hereby created to periodically oversee the implementation
of this Act. The Committee shall be headed by a Commissioner of the CRR,
with the following as members: the Chairperson of the Senate Committee
on Justice and Human Rights, the respective Chairpersons of the House of
Representatives' Committees on Justice and Human Rights, and the
Minority Leaders of both houses or their respective representatives in the
minority.
Section 21. Education and Information Campaign. - The CHR, the DOJ, the
Department of National Defense (DND), the Department of the Interior
and Local Government (DILG) and such other concerned parties in both
the public and private sectors shall ensure that education and information
regarding prohibition against torture and other cruel, inhuman and
degrading treatment or punishment shall be fully included in the training
of law enforcement personnel, civil or military, medical personnel, public
officials and other persons who may be involved in the custody,

interrogation or treatment of any individual subjected to any form of


arrest, detention or imprisonment. The Department of Education (DepED)
and the Commission on Higher Education (CHED) shall also ensure the
integration of human rights education courses in all primary, secondary
and tertiary level academic institutions nationwide.
Section 22. Applicability of the Revised Penal Code. - The provisions of the
Revised Penal Code insofar as they are applicable shall be suppletory to
this Act. Moreover, if the commission of any crime punishable under Title
Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal
Liberty and Security) of the Revised Penal Code is attended by any of the
acts constituting torture and other cruel, inhuman and degrading
treatment or punishment as defined herein, the penalty to be imposed
shall be in its maximum period.
Section 23. Appropriations. - The amount of Five million pesos
(Php5,000,000.00) is hereby appropriated to the CHR for the initial
implementation of tills Act. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the annual
General Appropriations Act.
Section 24. Implementing Rules and Regulations. - The DOJ and the CHR,
with the active participation of human rights nongovernmental
organizations, shall promulgate the rules and regulations for the effective
implementation of tills Act. They shall also ensure the full dissemination of
such rules and regulations to all officers and members of various law
enforcement agencies.
Section 25. Separability Clause. - If any provision of this Act is declared
invalid or unconstitutional, the other provisions not affected thereby shall
continue to be in full force and effect.
Section 26. Repealing Clause. - All laws, decrees, executive orders or rules
and regulations contrary to or inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

2.)Republic Act no. 10368


H. No. 5990
S. No. 3334

Begun and held in Metro Manila, on Monday, the twenty-third day of July,
two thousand twelve.
[REPUBLIC ACT NO. 10368]
AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF
HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME,
DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
SECTION 1. Short Title. This Act shall be known as the Human Rights
Victims Reparation and Recognition Act of 2013.
SEC. 2. Declaration of Policy. Section 11 of Article II of the 1987
Constitution of the Republic of the Philippines declares that the State
values the dignity of every human, person and guarantees full respect for
human rights. Pursuant to this declared policy, Section 12 of Article III of
the Constitution prohibits the use of torture, force, violence, threat,
intimidation, or any other means which vitiate the free will and mandates
the compensation and rehabilitation of victims of torture or similar
practices and their families.
By virtue of Section 2 of Article II of the Constitution adopting generally
accepted principles of international law as part of the law of the land, the
Philippines adheres to international human rights laws and conventions,
the Universal Declaration of Human Rights, including the International
Covenant on Civil and Political Rights (ICCPR) and the Convention Against
Torture (CAT) and Other Cruel, Inhuman or Degrading Treatment or
Punishment which imposes on each State party the obligation to enact
domestic legislation to give effect to the rights recognized therein and to
ensure that any person whose rights or freedoms have been violated shall
have an effective remedy, even if the violation is committed by persons
acting in an official capacity. In fact, the right to a remedy is itself
guaranteed under existing human rights treaties and/or customary
international law, being peremptory in character (jus cogens) and as such
has been recognized as non-derogable.
Consistent with the foregoing, it is hereby declared the policy of the State
to recognize the heroism and sacrifices of all Filipinos who were victims of
summary execution, torture, enforced or involuntary disappearance and
other gross human rights violations committed during the regime of
former President Ferdinand E. Marcos covering the period from September

21, 1972 to February 25, 1986 and restore the victims honor and dignity.
The State hereby acknowledges its moral and legal obligation to recognize
and/or provide reparation to said victims and/or their families for the
deaths, injuries, sufferings, deprivations and damages they suffered under
the Marcos regime.
Similarly, it is the obligation of the State to acknowledge the sufferings
and damages inflicted upon persons whose properties or businesses were
forcibly taken over, sequestered or used, or those whose professions were
damaged and/or impaired, or those whose freedom of movement was
restricted, and/or such other victims of the violations of the Bill of Rights.
SEC. 3. Definition of Terms. The following terms as used in this Act shall
mean:
(a) Detention refers to the act of taking a person into custody against his
will by persons acting in an official capacity and/or agents of the State.
(b) Human rights violation refers to any act or omission committed during
the period from September 21, 1972 to February 25, 1986 by persons
acting in an official capacity and/or agents of the State, but shall not be
limited to the following:
(1) Any search, arrest and/or detention without a valid search warrant or
warrant of arrest issued by a civilian court of law, including any
warrantless arrest or detention carried out pursuant to the declaration of
Martial Law by former President Ferdinand E. Marcos as well as any arrest.,
detention or deprivation of liberty carried out during the covered period
on the basis of an Arrest, Search and Seizure Order (ASSO), a
Presidential Commitment Order {PCO) or a Preventive Detention Action
(PDA) and such other similar executive issuances as defined by decrees
of former President Ferdinand E. Marcos, or in any manner that the arrest,
detention or deprivation, of liberty was effected;
(2) The infliction by a person acting in an official capacity and/or an agent
of the State of physical injury, torture, killing, or violation of other human
rights, of any person exercising civil or political rights, including but not
limited to the freedom of speech, assembly or organization; and/or the
right to petition the government for redress of grievances, even if such
violation took place during or in the course of what the authorities at the
time deemed an illegal assembly or demonstration: Provided, That torture
in any form or under any circumstance shall be considered a human rights
violation;
(3) Any enforced or involuntary disappearance caused upon a person who
was arrested, detained or abducted against ones will or otherwise
deprived of ones liberty, as defined in Republic Act No. 10350 {{1}},
otherwise known as the Anti-Enforced or Involuntary Disappearance Act
of 2012;

(4) Any force or intimidation causing the involuntary exile of a person from
the Philippines;
(5) Any act of force, intimidation or deceit causing unjust or illegal
takeover of a business, confiscation of property, detention of owner/s and
or their families, deprivation of livelihood of a person by agents of the
State, including those caused by Ferdinand E. Marcos, his spouse Imelda
R. Marcos, their immediate relatives by consanguinity or affinity, as well
as those persons considered as among their close relatives, associates,
cronies and subordinates under Executive Order No. 1, issued on February
28, 1986 by then President Corazon C. Aquino in the exercise of her
legislative powers under the Freedom Constitution;
(6) Any act or series of acts causing, committing and/or conducting the
following:
(i) Kidnapping or otherwise exploiting children of persons suspected of
committing acts against the Marcos regime;
(ii) Committing sexual offenses against human rights victims who are
detained and/or in the course of conducting military and/or police
operations; and
(iii) Other violations and/or abuses similar or analogous to the above,
including those recognized by international law.
(c) Human Rights Violations Victim (HRVV) refers to a person whose
human rights were violated by persons acting in an official capacity and/or
agents of the State as defined herein. In order to qualify for reparation
under this Act, the human rights violation must have been committed
during the period from September 21, 1972 to February 25, 1986:
Provided, however, That victims of human rights violations that were
committed one (1) month before September 21, 1972 and one (1) month
after February 25, 1986 shall be entitled to reparation, under this Act if
they can establish that the violation was committed:
(1) By agents of the State and/or persons acting in an official capacity as
defined hereunder;
(2) For the purpose of preserving, maintaining, supporting or promoting
the said regime; or
(3) To conceal abuses during the Marcos regime and/or the effects of
Martial Law.
(d) Persons Acting in an Official Capacity and/or Agents of the State.The
following persons shall be deemed persons acting in an official capacity
and/or agents of the State under this Act:

(1) Any member of the former Philippine Constabulary (PC), the former
Integrated National Police (INP), the Armed Forces of the Philippines (AFP)
and the Civilian Home Defense Force (CHDF) from September 21, 1972 to
February 25, 1986 as well as any civilian agent attached thereto; and any
member of a paramilitary group even if one is not organically part of the
PC, the INP, the AFP or the CHDF so long as it is shown that the group was
organized, funded, supplied with equipment, facilities and/or resources,
and/or indoctrinated, controlled and/or supervised by any person acting in
an official capacity and/or agent of the State as herein defined;
(2) Any member of the civil service, including persons who held elective or
appointive public office at any time from September 21, 1972 to February
25, 1986;
(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating
the Presidential Commission on Good Government (PCGG), issued on
February 28, 1986 and related laws by then President Corazon C. Aquino
in the exercise of her legislative powers under the Freedom Constitution,
including former President Ferdinand E. Marcos, spouse Imelda R. Marcos,
their immediate relatives by consanguinity or affinity, as well as their
close relatives, associates, cronies and subordinates; and
(4) Any person or group/s of persons acting with the authorization, support
or acquiescence of the State during the Marcos regime.
(e) Torture refers to any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on any person under the
custody of persons acting in an official capacity and/or agents of the
State, as defined by law, jurisprudence, international conventions and
Republic Act No. 9745, otherwise known as the Anti-Torture Act of 2009.
SEC 4. Entitlement to Monetary Reparation. Any HRVV qualified under
this Act shall receive reparation from the State, free of tax, as herein
prescribed: Provided, That for a deceased or involuntary disappeared
HRVV, the legal heirs as provided for in the Civil Code of the Philippines, or
such other person named by the executor or administrator of the
deceased or involuntary disappeared HRVVs estate in that order, shall be
entitled to receive such reparation: Provided, further, That no special
power of attorney shall be recognized in the actual disbursement of the
award, and only the victim or the aforestated successor(s)-in-interest shall
be entitled to personally receive said reparation form the Board, unless
the victim involved is shown to be incapacitated to the satisfaction of the
Board: Provided, furthermore, That the reparation received under this Act
shall be without prejudice to the receipt of any other sum by the HRVV
from any other person or entity in any case involving violations of human
rights as defined in this Act.

SEC. 5. Nonmonetary Reparation. The Department of Health (DOH), the


Department of Social Welfare and Development (DSWD), the Department
of Education (DepED), the Commission on Higher Education (CHED), the
Technical Education and Skills Development Authority (TESDA), and such
other government agencies shall render the necessary services as
nonmonetary reparation for HRVVs and/or their families, as may be
determined by the Board pursuant to the provisions of this Act. The
amount necessary for this purpose shall be sourced from the budget of
the agency concerned in the annual General Appropriations Act (GAA).
SEC. 6. Amount of Reparation. The amount of reparation under this Act
shall be in proportion to the gravity of the human rights violation
committed on the HRVV and in accordance with the number of points
assigned to the individual under Section 19 hereof.
SEC. 7. Source of Reparation. The amount of Ten billion pesos
(P10,000,000,000.00) plus accrued interest which form part of the funds
transferred to the government of the Republic of the Philippines by virtue
of the December 10, 1997 Order of the Swiss Federal Supreme Court,
adjudged by the Supreme Court of the Philippines as final and executory
in Republic vs. Sandiganbayan on July 15, 2003 (G.R. No. 152154) as
Marcos ill-gotten wealth and forfeited in favor of the Republic of the
Philippines, shall be the principal source funds for the implementation of
this Act.
CHAPTER II
THE HUMAN RIGHTS VICTIMS CLAIMS BOARD
SEC. 8. Creation and Composition of the Human Rights Victims Claims
Board. There is hereby created an independent and quasi-judicial body
to be known as the Human Rights Victims Claims Board, hereinafter
referred to as the Board. It shall be composed of nine (9) members, who
shall possess the following qualifications:
(a) Must be of known probity, competence and integrity;
(b) Must have a deep and thorough understanding and knowledge of
human rights and involvement in efforts against human rights violations
committed during the regime of former President Ferdinand E. Marcos;
(c) At least three (3) of them must be members of the Philippine Bar who
have been engaged in the practice of law for at least ten (10) years; and
(d) Must have a clear and adequate understanding and commitment to
human rights protection, promotion and advocacy.
The Human Rights Victims Claims Board shall be attached to but shall not
be under the Commission on Human Rights (CHR).

The Board shall organize itself within thirty (30) days from the completion
of appointment of all nine (9) members and shall thereafter organize its
Secretariat.
SEC. 9. Appointment to the Board. The President shall appoint the
Chairperson and the other eight (8) members of the Board: Provided, That
human rights organizations such as, but not limited to, the Task Force
Detainees of the Philippines (TFDP), the Free Legal Assistance Group
(FLAG), the Movement of Attorneys for Brotherhood, Integrity and
Nationalism (MABINI), the Families of Victims of Involuntary Disappearance
(FIND) and the Samahan ng mga Ex-Detainees Laban sa Detensyon at
Aresto (SELDA) may submit nominations to the President.
SEC. 10. Powers and Functions of the Board. The Board shall have the
following powers and functions:
(a) Receive, evaluate, process and investigate applications for claims
under this Act;
(b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;
(c) Conduct independent administrative proceedings and resolve disputes
over claims;
(d) Approve with finality all eligible claims under this Act;
(e) Deputize appropriate government agencies to assist it in order to
effectively perform its functions;
(f) Promulgate such rules as may be necessary to carry out the purposes
of this Act, including rules of procedure in the conduct of its proceedings,
with the Revised Rules of Court of the Philippines having suppletory
application;
(g) Exercise administrative control and supervision over its Secretariat;
(h) The Board, at its discretion, may consult the human rights
organizations mentioned in Section 9 herein; and
(i) Perform such other duties, functions and responsibilities as may be
necessary to effectively attain the objectives of this Act.
SEC. 11. Resolution, of Claims. The Board shall be composed of three
(3) divisions which shall function simultaneously and independently of
each other in the resolution of claims for reparation. Each division shall be
composed of one (1) Chairperson, who shall be a member of the Philippine
Bar and two (2) members to be appointed by the Board en banc.

SEC. 12. Emoluments. The Chairperson and members of the Board shall
have the rank, salary, emoluments and allowances equivalent to s
Presiding Justice and Associate Justice of the Court of Appeals,
respectively.
SEC. 13. Secretariat of the Board. The Board shall be assisted by a
Secretariat which may come from the existing personnel of the CHR,
without prejudice to the hiring of additional personnel as determined by
the Board to accommodate the volume of required work. The following
shall be the functions of the Secretariat:
(a) Receive, evaluate, process and investigate applications for claims
under this Act;
(b) Recommend to the Board the approval of applications for claims;
(c) Assist the Board in technical functions; and
(d) Perform other duties that may be assigned by the Board.
The Chairperson of the Board shall appoint a Board Secretary who shall
head the Secretariat for the duration of the existence of the Board. There
shall be a Technical Staff Head assisted by five (5) Legal Officers and three
(3) Paralegal Officers; and an Administrative Staff Head assisted by three
(3) Administrative Support Staff.
When necessary, the Board may hire additional contractual employees or
contract a service provider to provide services of counselors,
psychologists, social workers and public education specialists, among
others, to augment the services of the Secretariat: Provided, That the
maximum contract amount per year shall not exceed more than fifteen
percent (15%) of the total annual operating budget of the Board.
SEC. 14. Operating Budget of the Board. The operating budget of the
Board shall be funded from the Ten billion peso {P10,000,000,000.00)
fund, with Ten million pesos (P10,000,000.00) as its initial operating
budget: Provided, That it shall not exceed Fifty million pesos
(P50,000,000.00) a year
SEC. 15. Proper Disposition of Funds. The Board shall ensure that funds
appropriated or those which may become available as reparation for
HRVVs are properly disbursed in accordance with the policies stated by
Congress and relevant government rules, regulations and accounting
procedures.
CHAPTER III
CLAIMANTS, REPARATION AND RECOGNITION

SEC. 16. Claimants. Any person who is an HRVV may file a claim with
the Board for reparation and/or recognition in accordance with the
provisions of this Act.
Sec. 17. Conclusive Presumption That One is an HRVV Under This Act.
The claimants in the class suit and direct action plaintiffs in the Human
Rights Litigation Against the Estate of Ferdinand E. Marcos (MDL No. 840,
CA No. 88-0390) in the US Federal District Court of Honolulu, Hawaii
wherein a favorable judgment has been rendered, shall be extended the
conclusive presumption that they are HRVVs: Provided, That the HRVVs
recognized by the Bantayog Ng Mga Bayani Foundation shall also be
accorded the same conclusive presumption: Provided, further, That
nothing herein shall be construed to deprive the Board of its original
jurisdiction and its inherent power to determine the extent of the human
rights violations and the corresponding reparation and/or recognition that
may be granted.
SEC. 18. Motu Proprio Recognition. The Board may take judicial notice
motu proprio of individual persons who suffered human rights violations as
defined herein and grant such persons recognition as HRVVs and included
in the Roll of Victims as provided for in Section 26 hereof.
SEC. 19. Determination of Award. (a) The Board shall follow the point
system in the determination of the award. The range shall be one (1) to
ten (10) points, as follows:
(1) Victims who died or who disappeared and are still missing shall be
given ten (10) points;
(2) Victims who were tortured and/or raped or sexually abused shall he
given six (6) to nine (9) points:
(3) Victims who were detained shall be given three (3) to five (5) points;
and
(4) Victims whose rights were violated under Section 3, paragraph (b),
nos. (4), (5) and (6) under this Act shall be given one (1) to two (2) points.
The Board shall exercise its powers with due discretion in the
determination of points for each victim, which shall be based on the type
of violation committed against the HRVV, frequently and duration of the
violation. In each category, HRVVs who had suffered more would receive
more points. In instances where a victim is classified in more than one
category, one shall be awarded the points in the higher category:
Provided, That in cases where there are several eligible claims filed for
reparation by or on behalf of a particular HRVV, the Board shall award only
one (1) valid claim which corresponds to the category obtaining the
highest number of points for each eligible claimant.

(b) The Board shall proceed to determine the award for each claimant
classified under Sections 16, 17 and 18 of this Act.
(c) The Board shall then compute the final monetary value of ones award
that is equivalent to the numerical value of one point multiplied by the
number of points that a claimant is entitled to, as previously determined
by the Board.
(d) Within thirty (30) days after the Board has approved with finality each
eligible claim pending before it and after due publication of such
legitimate claim, the award of monetary compensation shall take effect:
Provided., That any pending appeal filed by an aggrieved claimant or
opposite before the Board en banc must resolved by it sixty (60) days
before the Board becomes functus officio.
CHAPTER IV
GENERAL- PROVISIONS
SEC. 20. Transfer of Funds. Pursuant to the judgment mentioned in
Section 7 hereof, the amount of Ten billion pesos (P10,000,000,000.00)
plus the accrued interest are hereby set aside and appropriated to fund
the purposes of this Act.
SEC. 21. Documentation of Human Rights Violations Committed by the
Marcos Regime. In the implementation of this Act and without prejudice
to any other documentary or other evidence that may be required for the
award of any reparation, any HRVV seeking reparation shall execute a
detailed sworn statement narrating the circumstances of the pertinent
human rights violation/s committed.
SEC. 22. Publication. Consistent with Section 23 herein, the Board, after
having been duly convened, shall set the period for the commencement
and termination of applications by HRVVs and cause the publication of the
same: Provided, That such period shall only become operative fifteen (15)
days after its last publication, which shall be once a week for three (3)
consecutive weeks in at least two (2) national newspapers of general
circulation.
SEC. 23. Period for Filing of Claims; Waiver. An HRVV shall file an
application for reparation with the Board within six (6) months from the
effectivity of the implementing rules and regulations (IRR) of this Act:
Provided, That failure to file an application within said period is deemed a
waiver of the right to file the same: Provided, further, That for HRVVs who
are deceased, incapacitated, or missing due to enforced disappearance,
their legal heir/s or representatives, shall be entitled to file an application
for reparation on their behalf.

Any opposition to the new application/s pursuant to Section 16 hereof


shall only be entertained if such is filed within fifteen (15) days from the
date of the last publication of the official list of eligible claimants as may
be determined by the Board. The Board shall cause the publication of the
official list of eligible claimants once a week for three (3) consecutive
weeks in at least two (2) national newspapers of general circulation.
SEC. 24 Appeal. Any aggrieved claimant or oppositor may file an appeal
within ten (10) calendar days from the receipt of the Resolution of the
Division, to the Board en banc, whose decision shall then become final
and executory.
SEC 25. Penalties; Applicability of the Revised Penal Code. Any claimant
who is found by the Board, after due hearing, to have filed a fraudulent
claim, shall be referred to the appropriate office for prosecution. If
convicted, he shall suffer the imprisonment of eight (8) to ten (10) years,
shall be disqualified from public office and employment and shall be
deprived of the right to vote and be voted for in any national or local
election, even after the service of sentence unless granted absolute
pardon.
Any member of the Board and its Secretariat, public officer, employee of
an agency or any private individual mandated to implement this Act, who
shall misuse, embezzle or misappropriate the funds for the reparation of
HRVVs or who shall commit fraud in the processing of documents and
claims of HRVVs, or shall conspire with any individual to commit the same,
shall also be prosecuted,
Any member of the Board and its Secretariat, public officer, employee of
an agency or any private individual mandated to implement this Act, who
may have been found guilty of committing any or all of the prohibited acts
stated in the preceding paragraph, or those acts punishable under the
Revised Penal Code, shall be penalized under the pertinent provisions in
the Code and relevant special penal laws.
SEC. 26. Roll of Victims. Persons who are HRVVs, regardless of whether
they opt to seek reparation or not, shall be given recognition by
enshrining their names in a Roll of Human Rights Victims to be prepared
by the Board.
A Memorial/Museum/Library shall be established in honor and in memory
of the victims of human rights violations whose names shall be inscribed
in the Roll. A compendium of their sacrifices shall be prepared and may be
readily viewed and accessed in the internet. The
Memorial/Museum/Library/Compendium shall have an appropriation of at
least Five hundred million pesos (P500,000,000.00) from the accrued
interest of the Ten billion peso (P10,000,000,000.00) fund.

The Roll may also be displayed in government agencies as maybe


designated by the HRVV Memorial Commission as created hereunder.
SEC. 27. Human, Rights Violations Victims Memorial Commission..
There is hereby created a Commission to be known as the Human Rights
Violations Victims Memorial Commission, hereinafter referred to as the
Commission, primarily for the establishment, restoration, preservation and
conservation of the Memorial/Museum/Library/Compendium in honor of
the HRVVs during the Marcos regime.
The powers and functions of the Commission shall be assumed by the
Board of Trustees which shall be composed of the following; Chairperson
of the CHR as Chairperson; Chairperson of the National Historical
Commission as Co-Chairperson; and Chairpersons of the CHED, the
National Commission on Culture and the Arts (NCCA), the Secretary of the
Department of Education and the Head of the University of the Philippines
Diliman Main Library, as members.
The Board of Trustees shall have the authority to hire and appoint its
officials and employees, receive donations and grants for and on its
behalf, and generate revenues for the benefit of the Commission.
The Commission shall be attached to the CHR solely for budgetary and
administrative purposes. The operating budget of the Commission shall be
appropriated from the General Appropriations Act.
The Commission shall also coordinate and collaborate with the DepED and
the CHED to ensure that the teaching of Martial Law atrocities, the lives
and sacrifices of HRVVs in our history are included in the basic, secondary
and tertiary education curricula.
CHAPTER V
FINAL PROVISIONS
SEC 28. Guidelines for the Implementing Rules and Regulations (1RR).
In implementing this Act and in formulating the corresponding rules and
regulations, and to ensure that all applications are properly screened for
fraudulent claims, the Board must provide for:
(a) Transparency in the processing of the claims;
(b) A procedure that allows any concerned party to oppose an application
or claim on the ground that it is fraudulent, fictitious or spurious and gives
that party the opportunity to question the same and to present evidence
in support thereof; and
(c) A procedure that is speedy and expeditious without sacrificing any of
the parties fundamental rights.

Within fifteen (15) days from the date of its organization, the Board shall
promulgate the necessary IRR and procedures for the effective
implementation of this Act. The IRR shall be effective fifteen (15) days
after its publication in two (2) national newspapers of general circulation.
SEC. 29. Work Period; Sunset Clause. The Board shall complete its work
within two (2) years from the effectivity of the IRR promulgated by it. After
such period, it shall become functus officio.
SEC. 30. Separability Clause. If, for any reason, any section or provision
of this Act is declared unconstitutional or invalid, such other sections or
provisions not affected thereby shall remain in full force and effect.
SEC. 31. Repealing Clause. All laws, decrees, executive orders, rules
and regulations or parts thereof inconsistent with any of the provisions of
this Act, including Section 63(b) of Republic Act No. 6657, as amended,
otherwise known as the Comprehensive Agrarian Reform Law of 1988 and
Section 40(a) of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, are hereby repealed, amended or modified
accordingly.
SEC. 32. Effectivity Clause. This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least two (2)
national newspapers of general circulation.

3.) Executive order no. 62 and The Revised Penal Code


EXECUTIVE ORDER NO. 62

November 7, 1986

INCREASING THE PENALTIES PROVIDED FOR BY ARTICLE 235 OF ACT NO.


3815, AS AMENDED, THE REVISED PENAL CODE, ON THE MALTREATMENT
OF PRISONERS
WHEREAS, the penalties provided for under Article 235 of Act No. 3815, as
amended, the Revised Penal Code, have not deterred the commission of
the acts sought to be penalized by the said article, as evidenced by the
widespread occurrence of torture and other cruel, humiliating and
degrading treatment of prisoners during the past regime;
WHEREAS, to prevent the occurrence of such crimes, there is a need to
increase the penalties provided for by Article 235 of the Revised Penal
Code on the maltreatment of prisoners.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines,
hereby order:

Sec. 1.
Article 235 of Act No. 3815, as amended, the Revised Penal
Code, is hereby amended to read as follows:
"Art. 235. Maltreatment of prisoners. The penalty of prision correccional
in its medium period to prision mayor in its minimum period, in addition to
his liability for the physical injuries or damage caused, shall be imposed
upon any public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner under his
charge, by the imposition of punishments not authorized by the
regulations, or by inflicting such punishments in a cruel and humiliating
manner.
If the purpose of the maltreatment is to extort a confession, or to obtain
some information from the prisoner, the offender shall be punished by
prision mayor in its minimum period, temporary absolute disqualification
and a fine not exceeding six thousand (P6,000.00) pesos, in addition to his
liability for the physical injuries or damaged caused."
Sec. 2.

This Executive Order shall take effect immediately.

Done in the City of Manila, this 7th day of November, in the year of Our
Lord, nineteen hundred and eighty-six.
4.) Revised Penal Code, Article 127 Expulsion
Art. 127. Expulsion. The penalty of prision correccional shall be
imposed upon any public officer or employee who, not being
thereunto authorized by law, shall expel any person from the
Philippine Islands or shall compel such person to change his
residence.
5.) Revised Penal Code, Article 207 Malicious Delay of administration of
justice
Art. 207. Malicious delay in the administration of justice. The
penalty of prision correccional in its minimum period shall be
imposed upon any judge guilty of malicious delay in the
administration of justice.
5.)The Constitution, of course, the bill of rights
(6). Code of Professional Responsibility
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY,
ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
(7) Anti-forced disappearance law

Republic of the Philippines


Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third
day of July, two thousand twelve.
[REPUBLIC ACT NO. 10353]
AN ACT DEFINING AND PENALIZING ENFORCED OR
INVOLUNTARY DISAPPEARANCE
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
SECTION 1. Short Title. This Act shall be known as the AntiEnforced or Involuntary Disappearance Act of 2012.
SEC. 2. Declaration of Policy. The State values the dignity of
every human person and guarantees full respect for human
rights for which highest priority shall be given to the enactment
of measures for the enhancement of the right of all people to
human dignity, the prohibition against secret detention places,
solitary confinement, incommunicado, or other similar forms of
detention, the provision for penal and civil sanctions for such
violations, and compensation and rehabilitation for the victims
and their families, particularly with respect to the use of torture,
force, violence, threat, intimidation or any other means which
vitiate the free will of persons abducted, arrested, detained,
disappeared or otherwise removed from the effective protection
of the law.
Furthermore, the State adheres to the principles and standards
on the absolute condemnation of human rights violations set by
the 1987 Philippine Constitution and various international

instruments such as, but not limited to, the International


Covenant on Civil and Political Rights (ICCPR), and the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT), to which the
Philippines is a State party.
SEC. 3. Definitions. For purposes of this Act, the following
terms shall be defined as follows:
(a) Agents of the State refer to persons who, by direct provision
of the law, popular election or appointment by competent
authority, shall take part in the performance of public functions
in the government, or shall perform in the government or in any
of its branches public duties as an employee, agent or
subordinate official, of any rank or class.
(b) Enforced or involuntary disappearance refers to the arrest,
detention, abduction or any other form of deprivation of liberty
committed by agents of the State or by persons or groups of
persons acting with the authorization, support or acquiescence
of the State, followed by a refusal to acknowledge the
deprivation of liberty or by concealment of the fate or
whereabouts of the disappeared person, which places such
person outside the protection of the law.
(c) Order of Battle refers to a document made by the military,
police or any law enforcement agency of the government, listing
the names of persons and organizations that it perceives to be
enemies of the State and which it considers as legitimate
targets as combatants that it could deal with, through the use of
means allowed by domestic and international law.
(d) Victim refers to the disappeared person and any individual
who has suffered harm as a direct result of an enforced or

involuntary disappearance as defined in letter (b) of this


Section.
SEC. 4. Nonderogability of the Right Against Enforced or
Involuntary Disappearance. The right against enforced or
involuntary disappearance and the fundamental safeguards for
its prevention shall not be suspended under any circumstance
including political instability, threat of war, state of war or other
public emergencies.
SEC. 5. Order of Battle or Any Order of Similar Nature, Not
Legal Ground, for Enforced or Involuntary Disappearance. An
Order of Battle or any order of similar nature, official or
otherwise, from a superior officer or a public authority causing
the commission of enforced or involuntary disappearance is
unlawful and cannot be invoked as a justifying or exempting
circumstance. Any person receiving such an order shall have
the right to disobey it.
SEC. 6. Right of Access to Communication. It shall be the
absolute right of any person deprived of liberty to have
immediate access to any form of communication available in
order for him or her to inform his or her family, relative, friend,
lawyer or any human rights organization on his or her
whereabouts and condition.
SEC. 7. Duty to Report Victims of Enforced or Involuntary
Disappearance. Any person, not being a principal,
accomplice or accessory, who has an information of a case of
enforced or involuntary disappearance or who shall learn of
such information or that a person is a victim of enforced or
involuntary disappearance, shall immediately report in writing
the circumstances and whereabouts of the victim to any office,
detachment or division of the Department of the Interior and

Local Government (DILG), the Department of National Defense


(DND), the Philippine National Police (PNP), the Armed Forces
of the Philippines (AFP), the National Bureau of Investigation
(NBI), the City or Provincial Prosecutor, the Commission on
Human Rights (CHR) or any human rights organization and, if
known, the victims family, relative, or lawyer.
SEC. 8. Duty to Certify in Writing on the Results of Inquiry into
a Reported Disappeared Persons Whereabouts. In case a
family member, relative, lawyer, representative of a human
rights organization or a member of the media inquires with a
member or official of any police or military detention center, the
PNP or any of its agencies, the AFP or any of its agencies, the
NBI or any other agency or instrumentality of the government,
as well as any hospital or morgue, public or private, on the
presence or whereabouts of a reported victim of enforced or
involuntary disappearance, such member or official shall
immediately issue a certification in writing to the inquiring
person or entity on the presence or absence and/or information
on the whereabouts of such disappeared person, stating,
among others, in clear and unequivocal manner the date and
time of inquiry, details of the inquiry and the response to the
inquiry.
SEC. 9. Duty of Inquest/Investigating Public Prosecutor or any
Judicial or Quasi-Judicial Official or Employee. Any inquest or
investigating public prosecutor, or any judicial or quasi-judicial
official or employee who learns that the person delivered for
inquest or preliminary investigation or for any other judicial
process is a victim of enforced or involuntary disappearance
shall have the duty to immediately disclose the victims

whereabouts to his or her immediate family, relatives, lawyer/s


or to a human rights organization by the most expedient means.
SEC. 10. Official Up-to-Date Register of All Persons Detained
or Confined. All persons detained or confined shall be placed
solely in officially recognized and controlled places of detention
or confinement where an official up-to-date register of such
persons shall be maintained. Relatives, lawyers, judges, official
bodies and all persons who have legitimate interest in the
whereabouts and condition of the persons deprived of liberty
shall have free access to the register.
The following details, among others, shall be recorded, in the
register:
(a) The identity or name, description and address of the person
deprived of liberty;
(b) The date, time and location where the person was deprived
of liberty and the identity of the person who made such
deprivation of liberty;
(c) The authority who decided the deprivation of liberty and the
reasons for the deprivation of liberty or the crime or offense
committed;
(d) The authority controlling the deprivation of liberty;
(e) The place of deprivation of liberty, the date and time of
admission to the place of deprivation of liberty and the authority
responsible for the place of deprivation of liberty;
(f) Records of physical, mental and psychological condition of
the detained or confined person before and after the deprivation
of liberty and the name and address of the physician who
examined him or her physically, mentally and medically;

(g) The date and time of release or transfer of the detained or


confined person to another place of detention, the destination
and the authority responsible for the transfer;
(h) The date and time of each removal of the detained or
confined person from his or her cell, the reason or purpose for
such removal and the date and time of his or her return to his or
her cell;
(i) A summary of the physical, mental and medical findings of
the detained or confined person after each interrogation;
(j) The names and addresses of the persons who visit the
detained or confined person and the date and time of such
visits and the date and time of each departure;
(k) In the event of death during the deprivation of liberty, the
identity, the circumstances and cause of death of the victim as
well as the destination of the human remains; and
(1) All other important events bearing on and all relevant details
regarding the treatment of the detained or confined person.
Provided, That the details required under letters (a) to (f) shall
be entered immediately in the register upon arrest and/or
detention.
All information contained in the register shall be regularly or
upon request reported to the CHR or any other agency of
government tasked to monitor and protect human rights and
shall be made available to the public.
SEC. 11. Submission of List of Government Detention
Facilities. Within six (6) months from the effectivity of this Act
and as may be requested by the CHR thereafter, all
government agencies concerned shall submit an updated
inventory or list of all officially recognized and controlled
detention or confinement facilities, and the list of detainees or

persons deprived of liberty under their respective jurisdictions


to the CHR.
SEC. 12. Immediate Issuance and Compliance of the Writs of
Habeas Corpus, Amparo and Habeas Data. All proceedings
pertaining to the issuance of the writs of habeas corpus,
amparo and habeas data shall be dispensed with expeditiously.
As such, all courts and other concerned agencies of
government shall give priority to such proceedings.
Moreover, any order issued or promulgated pursuant to such
writs or their respective proceedings shall be executed and
complied with immediately.
SEC. 13. Visitation /Inspection of Places of Detention and,
Confinement. The CHR or its duly authorized representatives
are hereby mandated and authorized to conduct regular,
independent, unannounced and unrestricted visits to or
inspection of all places of detention and confinement.
SEC. 14. Liability of Commanding Officer or Superior. The
immediate commanding officer of the unit concerned of the AFP
or the immediate senior official of the PNP and other law
enforcement agencies shall be held liable as a principal to the
crime of enforced or involuntary disappearance for acts
committed by him or her that shall have led, assisted, abetted
or allowed, whether directly or indirectly, the commission
thereof by his or her subordinates. If such commanding officer
has knowledge of or, owing to the circumstances at the time,
should have known that an enforced or involuntary
disappearance is being committed, or has been committed by
subordinates or by others within the officers area of
responsibility and, despite such knowledge, did not take
preventive or coercive action either before, during or

immediately after its commission, when he or she has the


authority to prevent or investigate allegations of enforced or
involuntary disappearance but failed to prevent or investigate
such allegations, whether deliberately or due to negligence,
shall also be held liable as principal.
SEC. 15. Penal Provisions. (a) The penalty of reclusion
perpetua and its accessory penalties shall be imposed upon the
following persons:
(1) Those who directly committed the act of enforced or
involuntary disappearance;
(2) Those who directly forced, instigated, encouraged or
induced others to commit the act of enforced or involuntary
disappearance;
(3) Those who cooperated in the act of enforced or involuntary
disappearance by committing another act without which the act
of enforced or involuntary disappearance would not have been
consummated;
(4) Those officials who allowed the act or abetted in the
consummation of enforced or involuntary disappearance when
it is within their power to stop or uncover the commission
thereof; and
(5) Those who cooperated in the execution of the act of
enforced or involuntary disappearance by previous or
simultaneous acts.
(b) The penalty of reclusion temporal and its accessory
penalties shall be imposed upon those who shall commit the
act of enforced or involuntary disappearance in the attempted
stage as provided for and defined under Article 6 of the Revised
Penal Code.

(c) The penalty of reclusion temporal and its accessory


penalties shall also be imposed upon persons who, having
knowledge of the act of enforced or involuntary disappearance
and without having participated therein, either as principals or
accomplices, took part subsequent to its commission in any of
the following manner:
(1) By themselves profiting from or assisting the offender to
profit from the effects of the act of enforced or involuntary
disappearance;
(2) By concealing the act of enforced or involuntary
disappearance and/or destroying the effects or instruments
thereof in order to prevent its discovery; or
(3) By harboring, concealing or assisting in the escape of the
principal/s in the act of enforced or involuntary disappearance,
provided such accessory acts are done with the abuse of
official functions.
(d) The penalty of prision correctional and its accessory
penalties shall be imposed against persons who defy, ignore or
unduly delay compliance with any order duly issued or
promulgated pursuant to the writs of habeas corpus,
amparo and habeas data or their respective proceedings.
(e) The penalty of arresto mayor and its accessory penalties
shall be imposed against any person who shall violate the
provisions of Sections 6, 7, 8, 9 and 10 of this Act.
SEC. 16. Preventive Suspension/Summary Dismissal.
Government officials and personnel who are found to be
perpetrators of or participants in any manner in the commission
of enforced or involuntary disappearance as a result of a
preliminary investigation conducted for that purpose shall be
preventively suspended or summarily dismissed from the

service, depending on the strength of the evidence so


presented and gathered in the said preliminary investigation or
as may be recommended by the investigating authority.
SEC. 17. Civil Liability. The act of enforced or involuntary
disappearance shall render its perpetrators and the State
agencies which organized, acquiesced in or tolerated such
disappearance liable under civil law.
SEC. 18. Independent Liability. The criminal liability of the
offender under this Act shall be independent of or without
prejudice to the prosecution and conviction of the said offender
for any violation of Republic Act No. 7438, otherwise known as
An Act Defining Certain Rights of Person Arrested, Detained or
Under Custodial Investigation as well as the Duties of the
Arresting, Detaining, and Investigating Officers, and Providing
Penalties for Violations Thereof; Republic Act No. 9745,
otherwise known as An Act Penalizing Torture and Other
Cruel, Inhuman and Degrading Treatment or Punishment, and
Prescribing Penalties Therefor; and applicable provisions of
the Revised Penal Code.
SEC. 19. Nonexclusivity or Double Jeopardy Under
International Law. Any investigation, trial and decision in any
Philippines court, or body for any violation of this Act shall; be
without prejudice to any investigation, trial, decision or any
other legal or administrative process before any appropriate
international court or agency under applicable international
human rights and humanitarian law.
SEC. 20. Exemption from Prosecution. Any offender who
volunteers information that leads to the discovery of the victim
of enforced or involuntary disappearance or the prosecution of
the offenders without the victim being found shall be exempt

from any criminal and/or civil liability under this Act: Provided,
That said offender does not appear to be the most guilty.
SEC. 21. Continuing Offense. An act constituting enforced or
involuntary disappearance shall be considered a continuing
offense as long as the perpetrators continue to conceal the fate
and whereabouts of the disappeared person and such
circumstances have not been determined with certainty.
SEC. 22. Statue of Limitations Exemption. The prosecution of
persons responsible for enforced or involuntary disappearance
shall not prescribe unless the victim surfaces alive. In which
case, the prescriptive period shall be twenty-five (25) years
from the date of such reappearance.
SEC. 23. Special Amnesty Law Exclusion. Persons who are
changed with and/or guilty of the act of enforced or involuntary
disappearance shall not benefit from any special amnesty law
or other similar executive measures that shall exempt them
from any penal proceedings or sanctions.
SEC. 24. State Protection The State, through its appropriate
agencies, shall ensure the safety of all persons involved in the
search, investigation and prosecution of enforced or involuntary
disappearance including, but not limited to, the victims, their
families, complainants, witnesses, legal counsel and
representatives of human rights organizations and media. They
shall likewise be protected from any intimidation or reprisal.
SEC. 25. Applicability of Refouler. No person shall be
expelled, returned or extradited to another State where there
are substantial grounds to believe that such person shall be in
danger of being subjected to enforced or involuntary
disappearance. For purposes of determining whether such
grounds exist, the Secretary of the Department, of Foreign

Affairs (DFA) and the Secretary of the Department of Justice


(DOJ) in coordination with the Chairperson of the CHR, shall
take into account all relevant considerations including where
applicable and not limited to, the existence in the requesting
State of a consistent pattern of gross, flagrant or mass
violations of human rights.
SEC. 26. Restitution and Compensation to Victims of Enforced
or Involuntary Disappearance and/or Their Immediate
Relatives. The victims of enforced or involuntary
disappearance who surface alive shall be entitled to monetary
compensation, rehabilitation and restitution of honor and
reputation. Such restitution of honor and reputation shall
include immediate expunging or rectification of any derogatory
record, information or public declaration/statement on his or her
person, personal circumstances, status, and/or organizational
affiliation by the appropriate government or private agency or
agencies concerned.
The immediate relatives of a victim of enforced or involuntary
disappearance, within the fourth civil degree of consanguinity or
affinity, may also claim for compensation as provided for under
Republic Act No. 7309, entitled An Act Creating a Board of
Claims under the Department of Justice for Victims of Unjust
Imprisonment or Detention and Victims of Violent Crimes and
For Other Purposes, and other relief programs of the
government.
The package of indemnification for both the victims and the
immediate relatives within the fourth civil degree of
consanguinity or affinity shall be without prejudice to other legal
remedies that may be available to them.

SEC. 27. Rehabilitation of Victims and/or Their Immediate


Relatives, and Offenders. In order that the victims of enforced
or involuntary disappearance who surfaced alive and/or their
immediate relatives within the fourth civil degree of
consanguinity or affinity, may be effectively reintegrated into the
mainstream of society and in the process of development, the
State, through the CHR, in coordination with the Department of
Health, the Department of Social Welfare and Development
(DSWD) and the concerned nongovernment organization/s,
shall provide them with appropriate medical care and
rehabilitation free of charge.
Toward the attainment of restorative justice, a parallel
rehabilitation program for persons who have committed
enforced or involuntary disappearance shall likewise be
implemented without cost to such offenders.
SEC. 28. Implementing Rules and Regulations. Within thirty
(30) days from the effectivity of this Act, the DOJ, the DSWD,
the CHR, the Families of Victims of Involuntary Disappearance
(FIND) and the Families of Desaparecidos for
Justice (Desaparecidos), in consultation with other human
rights organizations, shall jointly promulgate the rules and
regulations for the effective implementation of this Act and shall
ensure the full dissemination of the same to the public.
SEC. 29. Suppletory Applications. The applicable provisions
of the Revised Penal Code shall have suppletory application
insofar as they are consistent with the provisions of this Act.
SEC. 30. Appropriations. The amount of Ten million pesos
(P10,000,000.00) is hereby appropriated for the initial
implementation of this Act by the CHR. Subsequent fluids for
the continuing implementation of this Act shall be included in

the respective budgets of the CHR and the DOJ in the annual
General Appropriations Act.
SEC. 31. Separability Clause. If for any reason, any section or
provision of this Act is declared unconstitutional or invalid, such
other sections or provisions not affected thereby shall remain in
full force and effect.
SEC. 32. 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. 33. Effectivity Clause. This Act shall take effect fifteen
(15) days after its publication in at least two (2) newspapers of
general circulation or the Official Gazette, which shall not be
later than seven (7) days after the approval thereof.