Question & AnswerQ&A (DOJ)
The short title is the Implementing Rules and Regulations (IRR) of Republic Act No. 10353, otherwise known as the Anti-Enforced or Involuntary Disappearance Act of 2012.
Enforced or involuntary disappearance refers to an offense with all of the following elements: 1) the arrest, detention, abduction or any other form of deprivation of liberty; 2) committed by agents of the State or persons/groups acting with state authorization, support or acquiescence; and 3) followed by a refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person placing them outside the protection of the law.
Agents of the State are persons who, by law, election or appointment, participate in the performance of public functions or duties as employees, agents, or subordinate officials of any rank or class of the government.
The State prohibits the use and establishment of secret detention places, solitary confinement, incommunicado, or other similar forms of detention.
An 'Order of Battle' refers to any document by military or police listing perceived enemies considered legitimate targets; the law states that such an order or any similar order cannot justify or legalize enforced or involuntary disappearance and may be disobeyed.
They have the absolute right to immediate access to effective communication means to inform family, lawyer, CHR or human rights organizations of their whereabouts and condition, starting immediately upon deprivation of liberty, including warrantless arrests.
They must immediately report in writing the circumstances and whereabouts of the victim to the victim's family/lawyer, human rights organizations, CHR, DOJ, NBI, DILG, DND, PNP, AFP, or prosecution offices based on their personal knowledge.
The penalty of reclusion perpetua (life imprisonment) and accessory penalties shall be imposed on those who directly committed, instigated, cooperated in, or abetted the act of enforced or involuntary disappearance.
Immediate commanding officers or senior officials shall be held liable as principals if they led, abetted, allowed, or failed to prevent or investigate enforced disappearance committed by subordinates within their area of responsibility.
The State shall ensure their safety and protection from intimidation or reprisal through appropriate agencies, including witness protection under R.A. No. 6981, providing security to those involved during investigation, trial, and until final case disposition.
Yes, it is a continuing offense as long as the perpetrators continue to conceal the fate and whereabouts of the disappeared person and such circumstances remain uncertain.
Yes, all proceedings relating to these writs must be expeditiously dispensed with and given priority by courts and concerned agencies, and orders issued must be immediately complied with.
Prosecution shall not prescribe unless the victim surfaces alive, in which case the prescriptive period is twenty-five (25) years from the date of reappearance.
Yes, any offender who voluntarily provides information leading to the discovery of the victim or prosecution of other offenders, and is not the most guilty, can be exempted from criminal/civil liability upon execution of a detailed sworn statement and cooperation with investigations and prosecutions.
They must inquire about whether the victim's family, lawyer, CHR, or human rights organizations have been informed of the victim's arrest/detention and immediately disclose the victim's probable whereabouts to them through the most expedient means, recording such communication in the minutes.