Commission on Human Rights (CHR) Charter Act

Sentate Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session MAY 25 P5:05 SENATE RECEIVED BY: S. No. 2168 Introduced by Senator JV Ejercito AN ACT STRENGTHENING THE COMMISSION ON HUMAN RIGHTS (CHR) AS A NATIONAL HUMAN RIGHTS INSTITUTION (NHRI) AND FOR OTHER PURPOSES EXPLANATORY NOTE The Commission on Human Rights (CHR) is constitutionally created by the 1987 Philippine Constitution, Article XIII, Section 17 par. 1 to wit: "There is hereby created an independent office called the Commission on Human Rights." Moreover, Article II,

Section 11 provides the recognition of human rights by the state, "The State values

the dignity of every human person and guarantees full respect for human rights." Furthermore, Executive Order No. 163, s. 1987, CHR is an independent office for the protection and promotion of human rights of all persons in the Philippines, including Filipinos residing abroad. As a National Human Rights Institution (NHRI) recognized under international human rights law, the Commission on Human Rights (CHR) plays a vital role in investigating human rights violations, particularly those affecting marginalized and vulnerable sectors of society. The CHR is mandated to promote and protect civil, political, economic, social, and cultural rights, as well as address discrimination in its various forms. It is likewise empowered to recommend human rights-based legislative, administrative, and judicial measures to strengthen the protection of fundamental freedoms in the country.1 Asia Pacific Forum. (2024, July 24). Philippines. https://www.asiapacificforum.net/members/philippines

Despite these constitutionally mandated powers, the CHR primarily functions as a promotional and monitoring body, with limited authority in the actual enforcement and protection of human rights.? Studies and institutional assessments have pointed out that investigations conducted by the CHR are often constrained by structural and operational limitations,3 while its promotional initiatives are hampered by insufficient institutional support and resources. Jurisprudence has likewise clarified that the CHR does not possess adjudicative or injunctive powers, limiting its capacity to directly enforce its findings and recommendations. Moreover, unlike the constitutional commissions expressly granted fiscal autonomy under the Constitution, the CHR remains largely dependent on the approval processes of the Department of Budget and Management (DBM) for its budgetary requirements, thereby affecting its institutional independence and operational effectiveness.5 These limitations underscore the need to strengthen the institutional capacity, independence, and enforcement mechanisms of the CHR to enable it to more effectively fulfill its constitutional mandate as the country's premier human rights institution. In aid of addressing these institutional limitations, the CHR requires a greater degree of institutional independence to effectively resist political pressure and external interference in the discharge of its constitutional mandate. This proposed legislation seeks to strengthen and align the CHR with the internationally recognized Paris Principles relating to the status and functioning of National Human Rights Institutions by expanding its structural, operational, and functional autonomy. In particular, the measure seeks to grant the CHR full fiscal autonomy and broader institutional powers, including the authority to issue injunctive 2 Lama, N. (2018). The Efficacy of National Human Rights Institutions: Assessing the Mandate of the Commission on Human Rights of the Philippines in Evolving Contexts. In Intersecting Sectors: A Student Seminar on Human Rights and Democratisation (p. 1). 3 Cerilles Jr, M. C. (2020). Philippine Human Rights in the Time of Pandemic: Analyzing the Challenges to the Effectiveness of the Commission on Human Rights as an NHRI in the Midst of COVID-19. Phil. LJ, 93, 47. 4 Cariño v. Commission on Human Rights, G.R. No. 96681 (Supreme Court of the Philippines 1991). https://elibrary.judiciary.gov.ph/; Export Processing Zone Authority v. Commission on Human Rights, G.R. No. 101476 (Supreme Court of the Philippines 1992). https://elibrary.judiciary.gov.ph/ 5 Commission on Human Rights Employees' Association (CHREA) v. Commission on Human Rights, G.R. No. 155336 (Supreme Court of the Philippines 2006). https://elibrary.judiciary.gov.ph/

relief in appropriate cases, thereby enabling the Commission to move beyond a purely investigative and recommendatory role. The bill likewise broadens the scope of the CHR's protective mandate to more effectively safeguard the rights of marginalized and vulnerable sectors, ensuring that the Commission remains responsive to the evolving human rights landscape in the Philippines. Through these reforms, the measure aims to enhance the CHR's independence, strengthen its enforcement capabilities, and reinforce its role as the country's primary institution for the promotion and protection of human rights. In light of the foregoing, the immediate passage of this legislation is earnestly sought. JV EJERCITO

Senate Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session 26 MAY 25 P5:05 SENATE RECEIVED BY: S. No. 2168 Introduced by Senator JV Ejercito AN ACT STRENGTHENING THE COMMISSION ON HUMAN RIGHTS (CHR) AS A NATIONAL HUMAN RIGHTS INSTITUTION (NHRI) AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Commission on Human

2 Rights (CHR) Charter Act."

Sec. 2. State Policy on Human Rights. - The State values the dignity of every

4 human person and guarantees full respect for human rights. It shall give highest 5 priority to the enactment of measures that respect, protect, and fulfill the right of all 6 people to human dignity at all stages of human life.

Sec. 3. Definition of Human Rights. - Human rights are the supreme, universal,

8 inherent, and inalienable rights to life, dignity, and self-development of every person 9 regardless of race, sex and gender, nationality, ethnicity, language, religion, or any 10 other status. These rights include those guaranteed by the Philippine Constitution, domestic laws, and international human rights instruments such as, but not limited to the international bill of rights, i.e., the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights; and all other existing and future human rights instruments to which the Philippines is a State Party.

Sec. 4. The Commission as an Independent Office. - The independence of the

2 Commission on Human Rights, hereinafter referred to as the Commission, shall always 3 be respected and upheld. The Commission shall enjoy full fiscal autonomy. 4 Appropriations for the Commission shall not be reduced and shall be automatically and 5 regularly released.

Sec. 5. The Commission as a National Human Rights Institution. - The

7 Commission is the National Human Rights Institution (NHRI) of the Philippines in accordance with the Principles Relating to the Status of National Institutions (Paris 9 Principles) and other United Nations (UN) Resolutions and Instruments pertaining to 10 the effective functioning of NHRIs. As such, the State and all its agents shall ensure 11 and respect the compliance of the Commission with the Paris Principles.

Sec. 6. The Commission En Banc as a Collegial Body. - The Commission en

banc, as a collegial body, is responsible for the promulgation of policies, decisions, orders, and resolutions necessary for the efficient administration of the Commission and for proper execution of its constitutional mandate. Every policy, decision, order, or resolution of the Commission must bear the concurrence and signature of a majority of the Members. In the exercise of its powers and functions, the Commission shall sit and render its decision en banc, unless otherwise provided in an internal resolution, adopted by 20 the Commission en banc. The Commission shall meet regularly. A majority of the Members shall constitute a quorum.

Sec. 7. The Commission, Composition, and Qualifications. - The Commission

shall be composed of a Chairperson and four (4) Members who must be: a) natural-born citizens of the Philippines; b) at least thirty-five years of age at the time of their appointment; c) with proven probity, integrity, and competence in the field of human rights work; d) must not have been convicted by final judgment of any crime involving moral turpitude, and e) must not have been candidates for any elective position in the national elections immediately preceding their appointment.

A majority thereof shall be members of the Philippine Bar, who have been 2 engaged in the practice of law for at least ten years. The composition must observe 3 gender-balanced and pluralist representation, which shall be in accordance with the 4 Paris Principles.

Sec. 8. Appointment and Term of Office of the Chairperson and Members of

6 the Commission. - The Chairperson and Members of the Commission shall be 7 appointed by the President for a term of seven years without reappointment. Of those first appointed under the enactment of this Charter, the Chairperson 9 shall hold office for seven (7) years, two Members for six (6) years and the other two 10 Members for five (5) years. The term of the Chairperson and Members shall start on the day immediately after the end of the previous one, regardless of the date of appointment. In no case shall any Chairperson or Member be appointed, reappointed, or designated in a temporary, part-time, or acting capacity. Appointment to any vacancy occurring during the term shall be only for the unexpired portion of the term of the predecessor. Vacancies in the offices of the Chairperson and of the Commissioners shall be filled within ninety (90) days from its occurrence. However, the incumbent Chair or Member shall hold the position until such time appointment was made by President for the same position

Sec. 9. Selection Process for the Chairperson and Members of the Commission.

- The sitting Chairperson and the Members of the Commission shall act as the Selection Committee for the appointment of the new Chairperson and four (4) Members of the Commission. The Selection Committee shall convene immediately, as soon as vacancy exists or when the term of the current Commission Members ends within six (6) months or when an impending vacancy occurs. The Committee shall develop its own rules of procedures for the selection of nominees for the position of Chair and Commissioners, in accordance with requirements of an open, transparent, and merit-based selection process, as mandated by the Paris Principles. The conduct of consultations with human rights organizations and other relevant stakeholders for the selection of the new members of the Commission En Banc shall form part of the rules and procedures.

Sec. 10. Prohibition and Disqualification. - The Chairperson and Members of the

2 Commission shall not, during their tenure, hold any other office or employment. Neither shall they engage in the practice of any profession or in the active management or control of any business, which in any way may be affected by the functions of their office, nor shall they be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government and 7 its subdivisions, agencies, or instrumentalities, including government-owned or 8 controlled corporations or their subsidiaries. They shall avoid conflict of interest in the conduct of their office. They shall not 10 be allowed to appear or practice before the Commission within one year following the 11 completion of their term of office, resignation, or any other manner of separation from 12 office. No spouse, common-law partner, or relative by consanguinity or affinity within 14 the fourth civil degree, or business or professional partner of the Chairperson or Members, may transact business directly or indirectly with the Chairperson or its 16 Members, or appear as counsel or agent of a party in any matter pending before the 17 Commission. These prohibition and disqualification shall apply during the tenure of the official concerned and one year thereafter.

Sec. 11. Salary, Retirement, and Other Privileges of the Chairperson and

21 Members. - The Chairperson and Members of the Commission shall receive the same salary, retirement, privileges, and benefits as Court of Appeals Justices, and their salaries shall not be decreased during their term of office. Upon the death of a retired Chairperson or Member, the surviving legitimate spouse shall be entitled to receive, on a monthly basis, all the retirement benefits that the deceased retiree was receiving at the time of his or her death under the provisions of applicable retirement laws. The surviving legitimate spouse shall continue to receive such retirement benefits during his or her lifetime or until he or she remarries.

Sec. 12. Structural Organization. - The Commission shall have the following

30 offices in the Central Office: Office of the Chairperson; Offices of the Commissioners; Office of the Executive Director; Office of the Commission Secretary; Planning and Management Office; General Administration Office; Financial Management Office;

1 separate offices for the performance of its powers and functions, which shall include 2 but not limited to offices for human rights protection services, human rights education 3 and training services, human rights prevention and visitorial services, human rights 4 policy advisory services; regional and provincial offices and such other offices as the 5 Commission may establish in accordance with its functions. The Commission shall have 6 regional offices in every region, each of which shall be headed by a Regional Director 7 and each shall have their own office building. The regional offices will include the 8 geographically grouped regional offices and the Cordillera Administrative Region. The 9 National Capital Region shall be divided into four (4) districts each shall also be headed 10 by a Regional Director The Commission shall also have a provincial office in every province. These 12 Provincial Offices shall be under the direct supervision of the Regional Office having 13 territorial jurisdiction over them. The authority and responsibility for the exercise of the mandate of the Commission and for the discharge of its powers and functions shall be vested in the Commission En Banc, who shall have supervision and control of the said office. The Commission may affect changes in the organization as the need arises, Provided, that such reorganization shall be funded out of the personnel services appropriation of the Commission.

Sec. 13. Privileges and Emoluments of Commission Officials and Employees. -

21 All officials and employees of the Commission shall receive emoluments and privileges, which shall not be less than those given to their counterparts in Constitutional Commissions.

Sec. 14. Powers and Functions of the Commission. - The Commission shall

promote and protect all human rights, including civil, political, economic, social, and cultural rights, and shall have the following general powers and functions: a. Investigate, on its own or on complaint by any party, all forms of violations of human rights; b. Adopt its operational guidelines and rules of procedure and cite for contempt any person for violations thereof or its lawful orders and, for this purpose, the Rules of Court shall have suppletory application;

c. Provide appropriate legal and preventive measures, which include but not limited to the following: 1. legal assistance and counseling to victims; 2. directing concerned government agencies in giving protection to victims of human rights violations; 3. issuing cease and desist orders; 4. Petition the Court for Writ of habeas corpus, Writ of Amparo, Writ of Habeas Data, Writ of Kalikasan, and any other protective writs, in behalf of the victims of human rights violations; and 5. Issue continuing mandamus for the protection of human rights of all persons within the Philippines, d. Provide legal aid services to the underprivileged whose human rights have been violated or need protection. Clients needing legal assistance/representation may also be referred to the Public Attorney's Office or Legal Aid Offices, as may be necessary and appropriate; e. Exercise unannounced, unhampered, unrestricted visits over jails, prisons, camps, custodial/detention or confinement facilities, safe houses, and similar places of deprivation of liberty; f. Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights. The CHR shall coordinate with DepED, CHED, the Philippine Judicial Academy, the Legal Education Board, and other State Colleges and Universities to ensure the objective of above stated; g. Recommend to Congress effective measures to promote and protect human rights; h. Recommend effective measures to provide for compensation to victims of violations of human rights, or their families; i. Monitor the Philippine government's compliance with international treaty obligations on human rights; j. Report to international human rights mechanism on all aspects relating to government's compliance to its treaty obligations;

k. Grant immunity from prosecution to any person whose testimony or possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority; I. Request the assistance of any department, bureau, office, or agency in the performance of its functions; m. Call on government departments, bureaus, offices, or agencies to comply with its obligations under the international human rights obligations; n. Perform its Gender and Child Ombud roles, as well as to ensure that the status, rights, and interests of the marginalized and vulnerable sectors, are upheld in accordance with the Constitution, laws, and international instruments on human rights; o. Issue human rights advisories, positions papers / opinion on all matters affecting the human rights of all persons, directed to concerned agencies of government for their consideration and implementation; p. Issue Human Rights Clearances and Certificates of No Pending Human Rights Case; q. Appoint its officers and employees in accordance with law; and r. Perform such other duties and functions as may be provided by law.

Sec. 15. Investigative Powers and Functions. - The Commission shall

investigate, on complaint or on its own, cases of human rights violations. In the exercise of its investigative function, the Commission shall: a. Act promptly on reports or complaints, filed in any form, by any individual or organization. Findings of human rights violations shall include recommendations for appropriate remedies, and referral to proper government agencies for the filing of administrative, criminal, or civil actions. The recommendations may include proposals for legislative, administrative, or judicial reforms. The investigation and other proceedings conducted by any administrative, judicial, or quasi-judicial bodies shall not bar the investigation of the Commission on allegations of human rights violations and findings by the Commission must be given weight;

b. Investigate alleged violations of human rights, international humanitarian law, and anti-terrorism law violations, as provided in pertinent laws; C. Compel the attendance of witnesses and the production of evidence, to place the witness under oath or affirmation, issue subpoenas, and take testimony in any investigation or inquiry conducted by the Commission or any of its offices; d. Conduct forensic and medical sciences in making findings of human rights violations, including but not the limited to: collection of physical evidence from locations relevant to its investigation; assessment of living victims of human rights violations to determine their physical and mental well-being; and conduct independent examination of the remains of alleged victims document any injury and to determine cause and manner of death. Pursuant thereto, the Commission shall have the authority to exhume and conduct autopsy on the aforesaid human remains, subject to the consent of the family of the deceased, if applicable; e. Provide psychosocial support, which includes but not limited to referral to primary health care centers with existing mental health programs to victims of human rights violations as well as human rights defenders under threat; f. Ensure provision of compensation for victims of human rights violations or their families, as appropriate and proportional to the gravity of the violation and the circumstances of each case, resulting from gross violations of international human rights law and serious violations of international humanitarian law; g. Provide safety to witnesses, as well as human rights defenders under threat. For this purpose, the Commission shall implement and manage a Witness Protection Service, which will provide security, shelter, relocation, and livelihood assistance to witnesses and their families, until such time the threat ceases, or when the case can be endorsed to the Depart of Justice and the witness, or person under threat qualifies for the latter's protection service. The funding for the provision of compensation and for the Witness Protection Service shall be taken from the current year's appropriation of

the Commission. Thereafter, the funding requirement shall be included in the annual GAA. h. Grant immunity from prosecution to any person whose testimony or possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority; i. Cite for contempt of any person for violating the Commission's Rules of Procedures and lawful orders. In matters concerning contempt, the Rules of Court shall apply suppletory to the Rules of Procedures of the Commission; and j. Perform such other powers and functions as may be necessary or incidental for the effective exercise or conduct of its investigative powers.

Sec. 16. Visitorial powers. - The Commission or its duly authorized

14 representatives are hereby mandated and authorized to conduct regular, independent, unannounced, unhampered, and unrestricted visits to or inspection of all places of 16 deprivation of liberty. "Places of deprivation of liberty" refer to any place of detention, imprisonment, confinement, or the placement of a person in a public or private custodial or rehabilitative setting under or within the jurisdiction and control of the Philippines where persons are or may be deprived of their liberty by virtue of an order 20 given by a public authority, at his/her instigation, or with his/her consent or acquiescence.

Sec. 17. Scope of Legal Measures. - In order to strengthen the exercise of its

investigatory power, the Commission, including its Regional and Provincial/District Offices, may issue the following legal measures as well as provisional remedies, which shall include, but not limited to: a. Mandatory Protection Orders (MPOs) directing government security forces and other government agencies or private institutions to provide specific protection to victims of and witnesses to human rights violations; b. Petition for the protection of the rights persons, such as: 1. Temporary liberty for medical examination, especially for sick and/or pregnant persons deprived of liberty; and

2. Such other legal remedies to correct government actions that encroach on or have the threat to violate human rights, such as petitions for certiorari, mandamus, and declaratory relief; c. Other remedies in relation to the protection of the rights of children suchas, but not limited to: 1. Actions for protective custody of minor-victims of violation of children's rights; 2. Petitions for involuntary commitment, in coordination with the concerned social work and development office; and 3. Petitions, motions, or pleadings to correct an error in the commitment, detention and/or taking of custody of children in conflict with the law (CICL); d. Mediation between parties on issues that are and can be subject to settlement.

Sec. 18. Monitoring Functions. - In the exercise of its mandate to monitor the

Government's compliance with its international human rights obligations, the 17 Commission shall: a. Monitor and advise government on its responsibilities and obligations under international human rights treaties to which the Philippines is a signatory; b. Prepare its own independent reports to the UN, human rights treaty bodies, and other international human rights mechanisms, including the Universal Periodic Review and special procedures mechanisms, in relation to its monitoring of government's compliance with its international human rights obligation; c. Make the appropriate recommendations to the concerned government agency with regard to requests for official visits of Special Procedures mandate-holders and other treaty and charter-based mechanisms; d. Recommend ratification of, or accession to, international human rights instruments, and ensure their implementation; e. Conduct inquiries on the manner of implementation by the Government of specific human rights obligations;

f. Request the cooperation of any public official on the measures undertaken by his or her agency to comply with the State's international human rights obligations; g. Coordinate with relevant government agencies in terms of its compliance with international human rights obligations; and h. Undertake other activities as may be necessary in the conduct of its monitoring and reporting function as an NHRI.

Sec. 19. Other Monitoring Functions. - The Commission shall also monitor

9 observance by non-state actors of human rights obligations arising from international 10 and domestic laws or agreements entered into with the government, as well as 11 unilateral declarations and similar undertakings. Violations of human rights committed 12 by non-state actors that may be subject of the Commission's monitoring functions 13 shall include, but not limited to: a. Those committed by rebel groups in relation to international humanitarian law; b. Those committed by persons, both natural and juridical, in relation to economic, social, and cultural rights, such as but not limited to labor, environment, and demolition of houses; and c. Those committed by individuals in relation to violations of rights and protections of marginalized, disadvantaged, and vulnerable sectors.

Sec. 20. Human Rights Education and Information. - The Commission shall

establish a continuing program of education and information to enhance respect for the primacy of human rights through its education and promotion office, in line with the 1987 Constitution, domestic laws, applicable treaty obligations of the Philippines, and the UN Declaration on Human Rights Education and Training. The Commission shall develop and implement a Human Rights Education and Training Program for law enforcement officers, education and training institutions, and other government agencies in coordination with the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ), the Department of National Defense (DND), the Department of Education (DepEd), Commission on Higher Education (CHED), Legal Education Board (LEB), Philippine Judicial Academy (PHIUA), and the 32 Professional Regulation Commission (PRC) and ail other concerned agencies.

Likewise, the Commission shall develop and implement a Human Rights 2 Information Campaigns Program for civil society and the general public.

Sec. 21. Human Rights Institute. - The Commission shall establish a Human

4 Rights Institute (HRI). It is an educational and training institute responsible for the promotion, and education of human rights and related fields, with in-house capability in these areas of specialization. The Institute shall focus on formal education programs 7 and shall offer certificate courses on human rights and related-fields.

Sec. 22. Functions of the Human Rights Institute. - The Institute shall have the

9 following functions: a. Serve as a training institute for investigators, prosecutors, justices, judges, lawyers, and other human rights workers in government and civil society human rights organizations on human rights and related issues. For this purpose, its hall provide and implement curricula on human rights and shall conduct seminars, workshops, and other training programs designed to develop human rights knowledge, skills, attitudes, and behaviors; b. Receive income, legacies, and donations for the benefit of its Human Rights Institute or for its support or maintenance, which shall be exempt from the payment of taxes and other fees and charges of the government, its branches and subdivision, and which shall constitute a special fund to be administered and disbursed exclusive for the Institute; C. Enter into consortiums agreements with other educational and training institutes for the development and implementation of its programs on human rights education; and d. Advise basic and higher education institutions and regulators on the teaching of human rights and related issues including recommending effective measures to promote human rights.

Sec. 23. Annual Report - The Commission shall prepare and make public an

annual report on the findings of its monitoring activities with regard to the status of the government's compliance with its international human rights treaty obligations. The report shall include, but shall not be limited to, the following: a. Recommendations for legal, legislative, and institutional reforms for the greater promotion and protection of human rights; and

b. Adoption and implementation by the concerned government agency of the recommendations on the protection and promotion of human rights contained in the Commission's policy issuances and case and investigation resolutions. The Commission shall directly submit its annual report to the Office of the 6 President, and the House of Representatives and the Senate, for consideration of the 7 corresponding recommendations and if necessary, conduct public hearings pursuant to said report.

Sec. 24. Financial Assistance Program. - The Commission may provide financial

10 assistance to victims of human rights violations and their families through a Financial 11 Assistance Program. The funds necessary for the initial implementation of the Financial Assistance 13 Program shall be taken from the current year's appropriation of the Commission. 14 Thereafter, the funding requirement shall be included in the annual General 15 Appropriations Act.

Sec. 25. Legal Assistance Program. - The Commission shall maintain a Legal

17 Assistance Program to benefit underprivileged victims of human rights violations, 18 which may be in coordination with human rights organizations and lawyers' groups, 19 the Integrated Bar of the Philippines, the Public Attorney's Office, and Philippine law 20 schools.

Sec. 26. Protection of Filipinos Abroad. - The Commission shall undertake

measures for the protection and promotion of human rights of Filipinos living abroad 23 in coordination and cooperation with the Department of Foreign Affairs, or deputize Philippine Embassy or Consulate officers, resident private individuals of known probity and active involvement in human rights, or foreign-based human rights and migrant workers' non- government organizations in countries where the incidence of human 27 rights violations against Filipinos is widespread and commonplace, including traditional host countries of overseas Filipino workers. The Commission may establish multilateral relationships with other national 30 human rights institutions for the protection of human rights of Filipinos.

Sec. 27. Security of Data. - All documentation and information collected by the

Commission shall be kept strictly confidential, unless the Commission decides

1 otherwise in relation to a particular document: Provided, That no sensitive information, 2 whether personal or otherwise, shall be published without the express consent of the 3 individual or authority concerned: Provided further, That this provision shall be in accordance with all applicable existing and future laws, particularly, but not limited to, 5 the Data Privacy Act of 2012. Publication of sensitive information without the express 6 consent of the individual or authority concerned will be dealt with accordingly, which 7 may include, but will not be limited to, being penalized under the Data Privacy Act of 8 2012.

Sec. 28. Protection from Criminal and Administrative Liability. - Any act/s made

10 pursuant to the functions and powers conferred upon the Commission under this Act 11 and other applicable laws, or in respect of any publication by, or under the authority 12 of the Commission, of any report, proceeding, or any other matter under this Act, shall not be a ground for action, suit or other legal proceeding against any member or staff of the Commission. Any legal action filed to harass, vex, exert undue pressure, or stifle any legal recourse that any member, or staff of the Commission has taken, or may take, in the 17 performance of their functions, under this Act and other applicable laws, if proven in 18 court to have been filed for any of the aforementioned purposes, be immediately 19 dismissed with prejudice and the court may award damages, attorney's fees, and costs 20 of suit under a counterclaim if such has been filed.

Sec. 29. Franking Privilege. - The Commission may transmit through ordinary

22 mail and/or registered mail with return card, free of charge, all official communications 23 and papers directly connected with the conduct of its duties, functions, or the exercise of administrative supervision over its personnel.

Sec. 30. Financial Report. - The Commission shall make available to the public

its annual financial statements and related financial reports as required by governing oversight agencies.

Sec. 31. Appropriations. - The amount necessary for the initial implementation

of this Act shall be charged against the current year's appropriations. Thereafter, such 30 sum as may be necessary for the full implementation shall be included in the annual General Appropriations Act.

Sec. 32. Transitory Provisions. - Nothing in this Act shall prejudice the positions,

2 emoluments, security of tenure, qualifications, privileges, and benefits of the 3 incumbent Chairperson and Members of the Commission, and the officers and 4 employees of the Commission upon its effectivity. However, officials and employees 5 of the Commission, in aid of its reorganization upon the effectivity of this Act, may 6 avail of an early retirement program as may be provided for by the Commission.

Sec. 33. Implementing Rules and Regulation. - The Commission shall, within

8 sixty (60) days from the approval of this Act, formulate the implementing rules and 9 regulations in the exercise of its general, investigative, monitoring, education, and 10 advocacy powers and functions in consultation with other concerned government agencies and stakeholders.

Sec. 34. Separability Clause. - Should any provision of this Act or part hereof

13 be declared unconstitutional, the other provisions or parts not affected thereby shall remain valid and effective.

Sec. 35. Repealing Clause. - All laws, decrees, orders, and issuances, or

16 portions thereof, which are inconsistent with the provisions of this Act, are hereby 17 repealed, amended, or modified accordingly.

Sec. 36. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

complete publication in a newspaper of general circulation. Approved,