Law Summary
Declaration of Policy
- Upholds the dignity and human rights of all persons.
- Prohibits enforced disappearance, secret detention places, solitary confinement, and incommunicado detention.
- Provides penal and civil sanctions for violations.
- Ensures victims and families receive restitution, compensation, and rehabilitation.
- Complies with the 1987 Constitution and key international human rights instruments such as UDHR, ICCPR, CAT, CRC, and others.
Construction
- Interpretation of the IRR favors the victims of enforced or involuntary disappearance.
Definitions
- Agents of the State: Persons in public service acting under law.
- Enforced or involuntary disappearance: Arrest or detention by state agents or with their consent, followed by refusal to acknowledge or concealment placing the person outside legal protection.
- Order of Battle: Document listing supposed enemies of the State considered legitimate targets.
- Victim: The disappeared person and individuals harmed by such act; immediate relatives for restitution/compensation.
- Official detention places: Legally recognized facilities holding persons deprived of liberty.
Nonderogability of Right
- The right against enforced disappearance cannot be suspended under any circumstances, including emergencies or conflicts.
Order of Battle Unlawfulness
- Such orders from superiors or authorities cannot justify enforced disappearance; they may be lawfully disobeyed.
Right of Access to Communication
- Persons deprived of liberty have an absolute right to immediate and effective communication with family, counsel, human rights groups, or the Commission on Human Rights.
- Applies even during warrantless arrests.
Duty to Report Disappearances
- Any person (except principals/accomplices) learning of an enforced disappearance must report in writing to family, lawyers, human rights organizations, CHR, DOJ, NBI, police, military, or other agencies.
- Reports can be sworn statements, letters, reports, or electronic communications followed by signed written statements.
Duty to Certify Results of Inquiry
- Officials must issue written certification on inquiries about disappeared persons' presence or whereabouts.
- The certification includes details of the inquiry and response and must be issued within set timeframes depending on the agency.
- Agencies like DOJ, DILG, DND, and others must ensure availability of officers to issue such certifications.
Duty of Prosecutors and Judicial Officials
- Must immediately notify families, lawyers, CHR, or human rights groups if a person presented for judicial processes is a disappearance victim.
- Must document and verify communication with detainee and related parties.
Official Register of Detained Persons
- Detaining authorities must maintain an up-to-date official register recording identity, detention details, condition, visits, removals, and deaths.
- The register must be accessible to families, lawyers, human rights bodies, and legitimate interested persons.
- Regular reporting to CHR is required.
Submission of List of Detention Facilities
- Government agencies must submit updated lists of detention facilities and detainees to CHR regularly.
- Includes jails, hospitals, holding areas, safehouses (except WPP safehouses).
Expedited Issuance and Compliance of Protective Writs
- Courts and agencies must prioritize and promptly execute writs of habeas corpus, amparo, and habeas data related to disappearance cases.
Visitation and Inspection Rights
- CHR authorized to conduct regular, independent, unannounced inspections of all detention places.
- Visits must be documented with Mission Orders or ID cards.
Command Responsibility
- Commanding officers in military, police, and law enforcement held liable as principals if they fail to prevent or investigate enforced disappearances within their control.
Penal Provisions
- Reclusion perpetua for perpetrators, instigators, cooperators, and officials who allowed or abetted enforced disappearance.
- Reclusion temporal for attempted enforced disappearance or accessories who profit, conceal, or aid escape.
- Prision correctional for contempt or delay in complying with protective writs.
- Arresto mayor for violations of communication, reporting, certification, and registry duties.
Preventive Suspension and Summary Dismissal
- Officials found involved may be suspended or dismissed depending on evidence strength.
- Investigating prosecutor must report decisions to concerned agencies and Ombudsman.
Civil Liability
- Perpetrators and state agencies are liable for civil damages for enforced or involuntary disappearance.
Independent Liability
- Criminal liability under this Act is independent of other laws, such as R.A. 7438 and 9745 or the Revised Penal Code.
Nonexclusivity or Double Jeopardy
- Prosecutions under this Act do not prevent concurrent international legal or administrative proceedings.
Exemption from Prosecution
- Offenders who voluntarily provide information leading to victim's discovery or offender's prosecution may be exempted from liability, if not the most guilty.
- Must submit a detailed sworn statement and cooperate fully.
Continuing Offense
- Enforced disappearance is a continuing offense until the fate and whereabouts are known.
Statute of Limitations Exemption
- Prosecution does not prescribe unless victim surfaces alive, then a 25-year prescriptive period applies.
Special Amnesty Law Exclusion
- Offenders are ineligible for amnesty or executive exemptions from penalties under this Act.
State Protection
- The State must protect all persons involved in investigation and prosecution from intimidation or reprisals.
- Includes victims, families, witnesses, lawyers, human rights groups, media, investigators.
- Protective factors for granting protection are specified.
- Victims and families may avail benefits under witness protection laws.
Non-Refoulement Principle
- Persons shall not be expelled or extradited to states where they risk enforced disappearance, considering patterns of human rights abuses.
Restitution and Compensation
- Victims who surface alive are entitled to monetary compensation (minimum 10,000 PHP), rehabilitation, and restoration of honor.
- Immediate relatives up to the fourth civil degree may also claim compensation and rehabilitation.
- Compensation claims can be filed under R.A. No. 7309 without the usual six-month limitation period.
- Proof includes official resolutions, court orders, and victim rolls.
Rehabilitation Programs
- The State shall provide free medical care and rehabilitation services to victims who surface alive and their relatives.
- Rehabilitation programs must be gender-responsive, rights-based, and culturally sensitive.
- Parallel rehabilitation for offenders shall also be implemented.
Dissemination of the Law
- DOJ, DSWD, CHR, FIND, and Desaparecidos must ensure full dissemination of the Act and IRR to concerned agencies and the public.
Suppletory Application
- Relevant provisions of the Revised Penal Code apply so long as consistent with this Act.
Separability Clause
- If any provision is invalidated, other provisions remain effective.
Repealing Clause
- Laws or provisions inconsistent with this Act are repealed or amended accordingly.
Effectivity Clause
- The IRR takes effect 15 days after publication in the Official Gazette or newspapers of general circulation.