International Covenant on Civil and Political Rights (ICCPR) Accomplishment Report 2nd Philippine Human Rights Plan

1. AGENCY PROFILE:
The Department of Justice (DOJ) derives its mandate primarily from the
Administrative Code of 1987 (Executive Order No. 292). It carries out this mandate
through the Department Proper and its attached agencies under the direct control and
supervision of the Secretary of Justice.
Under Executive Order (EO) 292, the DOJ is the government's principal law
agency. As such, the DOJ serves as the government's prosecution arm and administers
the government's criminal justice system by investigating crimes, prosecuting offenders
and overseeing the correctional system.
As mandated, the DOJ, through its offices and constituent/attached agencies,
exercises the following general functions, to wit:
1. Serve as the principal law agency of the government, both as legal counsel and
prosecution arm;
2. Administer the criminal justice system in accordance with the accepted processes
thereof consisting in the investigation of the crimes, prosecution of offenders and
administration of the correctional system;
3. Implement the laws on the admission/stay of aliens, citizenship and land titling
system; and
4. Provide free legal services to indigent members of the society.
The DOJ also exercises the following functions:
1. Administration of the Criminal Justice System
The DOJ investigates the commission of crimes and prosecutes offenders through
the National Bureau of Investigation (NBI) and the National Prosecution Service
(NPS), respectively. Likewise, the DOJ administers the probation and correction
system of the country through the Bureau of Corrections (BuCor), the Board of
Pardons and Parole (BPP) and the Parole and Probation Administration (PPA).
2. Legal Counsel of Government
The DOJ, through the Office of the Solicitor General (OSG) and the Office of the
Government Corporate Counsel (OGCC), acts as the legal representative of the
Government of the Philippines, its agencies and instrumentalities including
government owned and controlled corporations and their subsidiaries, officials and
agents in any proceeding, investigation or matter requiring the services of a lawyer.
EO 292 specifically designates the Secretary as Attorney-General and ex-officio
legal adviser of government-owned or controlled corporations (GOCC) and their
subsidiaries. The Secretary exercises administrative adjudicatory powers over all

2. controversies between/among government agencies, including government owned
and controlled corporations including their subsidiaries. This power of adjudication of
the Secretary originally stemmed from Presidential Decree No. 242, and is now
embodied in Sections 66 to 71, Chapter 14, Book IV of E.O. 292.
The Secretary is likewise empowered to act on all queries and/or requests for legal
advice and guidance from private parties and other officials and employees of the
government.
3. Regulation of Immigration
The DOJ provides immigration and naturalization regulatory services and
implements the laws governing citizenship and the admission and stay of aliens
through the Bureau of Immigration (BI). Also, under Administrative Order No. 142
dated August 23, 1994, the Secretary or his duly-authorized representative is
authorized to act on immigration matters, including waiver of visas and admission of
aliens, except deportation matters.
Likewise, the DOJ, through the DOJ Refugee Processing Unit (DOJ-
RPU), processes applications for refugee status of persons pursuant to the
obligations of the Philippines as signatory to the 1951 Convention and 1967 Protocol
relating to the Status of Refugees.
4. International Cooperation
The DOJ is the central authority of the Republic of the Philippines relative to
extradition and mutual legal assistance treaties (MLAT) on criminal matters and is
involved in several aspects of international cooperation such as the drafting and
implementation of legislation and agreements as well as the negotiation of
extradition and MLAT. Moreover, under Philippine Extradition Law (P.D.
1069), the DOJ handles requests for extradition and/or mutual legal assistance and
represents treaty partners in Philippine courts.
The Department is also involved in the negotiation of various investment and trade
agreements with other foreign countries. The Secretary is also the ex-officio Co-Vice
Chairman of the Commission on Maritime and Ocean Affairs (CMOA) pursuant
to EO 612 and EO 612-A (2007), which is involved in the identification of the
Philippine baselines and in the preparation of the submission to the United Nations
of the country's claim for extended continental shelf.
5. Provision of Free Legal Assistance
The DOJ provides free legal assistance/representation to indigents and poor litigants
as well as other qualified persons in criminal, civil, and labor cases, administrative
and other quasi-judicial proceedings and non-commercial disputes through
the Public Attorney's Office (PAO) pursuant to RA No. 9406.

3. 6. Alternative Dispute Resolution
With regard to conciliation and mediation, the Alternative Dispute Resolution Act
of 2004 (RA 9285) created the Office for Alternative Dispute Resolution
(OADR), which is an agency attached to the DOJ and which is tasked to promote,
develop and expand the use of alternative dispute resolution in civil and commercial
disputes.
7. DOJ functions under other laws and other executive issuances:
In addition to performing its mandate under E.O. 292, the Department is significantly
involved in the implementation of the following penal, national security, and social
welfare laws:
• The Witness Protection, Security and Benefit Act (R.A. 6981), which
mandates the DOJ to formulate and implement a Witness Protection, Security and
Benefit Program for the admission and protection of witnesses;
• Implementation of the Victims Compensation Program through the Board of
Claims created under the DOJ (RA 7309);
• Administrative Order No. 99 (1988), designated DOJ as lead implementor
of Justice System Infrastructure Program (JUSIP) that was tasked to
construct/rehabilitate decent office buildings for judges, prosecutors, public
attorneys, probation officers, and registers of deeds;
• Executive Order 180 (1987), which created the Public Sector Labor
Management Council, of which the Secretary is a member, to provide guidelines for
the exercise of the right of government employees to organize;
• The Comprehensive Dangerous Drugs Act of 2002 (RA 9165), which created
the Dangerous Drugs Board to see to policy-making and strategy-formulation on
drug prevention and control and designated the Secretary or his representative as
ex-officio member of such Board;
• The Anti-Money Laundering Act of 2001 (R.A. 9160), which created the Anti-
Money Laundering Council (AMLC) to which the DOJ is a support agency through
the investigation of money laundering offenses and the prosecution of offenders.
With the DOJ Anti-Money Laundering Desk (DOJ-AMLD), the DOJ works in close
coordination with the AMLC in its task of combating money laundering and
financing of terrorism;
• The Human Security Act of 2007 (RA 9372) which created and designated the
Secretary as ex-officio member thereof. Relative to this and under EO 292, the
Secretary is also an ex-officio member of the National Security Council (NSC),

4. which advises the President with respect to the integration of domestic, foreign,
military, political, economic, social, and educational policies relating to national
security;
• The Rape Victim Assistance and Protection Act of 1998 (RA 8505), which
mandated the DOJ to participate in inter-agency efforts to establish Rape Crisis
Centers in every city or province for the purpose of rendering assistance to rape
victims;
• The Anti-Trafficking in Persons Act of 2003 (R.A. 9208), which mandates the
prosecution of persons accused of human trafficking and for that purpose, created
the Inter-Agency Council on Trafficking (IACAT), of which the Secretary is
Chairman;
• The Anti-Violence Against Women and Their Children Act of 2004 (RA
9262), which designated the Department as a member agency of the Inter-Agency
Council on Violence Against Women and their Children (IACVAWC), the monitoring
body of government initiatives to counter violence against women and children;
• Executive Order 53 (2011) amending EO No. 275 pursuant to the Special
Protection of Children Against Abuse, Exploitation, and Discrimination Act
(RA 7610), designating the DOJ Secretary as the Chairperson of the Committee for
the Special Protection of Children;
• Anti-Child Pornography Act of 2009 (IRR of RA), designating the Secretary of
Justice as member of Inter-Agency Council Against Child Pornography that is
tasked to coordinate, monitor and oversee the implementation of Anti-Child
Pornography Act;
• Cybercrime Prevention Act of 2012 (RA 10175), the Office of
Cybercrime within the DOJ designated as the central authority in all matters related
to international mutual assistance and extradition;
• Executive Order 45 (2011), which designated the DOJ as competition authority
that investigates all cases involving violations of competition laws and prosecute
violators to prevent, restrain and punish monopolization, cartels and combinations
in restraint of trade;
• Administrative Order 35 (2012), which designated the Secretary of Justice as
Chairperson of the Inter-Agency Committee on Extra-Legal Killings, Enforced
Disappearances, Torture and Other Grave Violations on the Right to Life, Liberty
and Security of Persons, the body that undertakes inventory of cases mentioned
perpetrated by state and non-state forces;

5. • Memorandum Circular No. 68 (2014), creating an Inter-Agency Task Force to
Strengthen the Implementation of RA 8049 otherwise known as the Anti-Hazing
Law, with the DOJ Secretary as Chairperson.
8. Other tasks falling within the multifarious duties of the executive branch to
administer the laws devolve upon the Department through the Secretary, to wit:
• The Anti-Dummy Law (Commonwealth No. 108), as amended by Presidential
Decree 715, whereby the Secretary is empowered to authorize the employment of
aliens as technical personnel in the management of a franchise, business or
enterprise expressly reserved by law to Filipino citizens or corporations or
associations whose equity at least 60% of which is owned by Filipinos;
• The Local Government Code (Section 187 of RA 7160) which vests in the
Secretary appellate jurisdiction over the constitutionality or legality of municipal tax
ordinances and revenue; measures;
• Executive Order 643 (2007) which vests the DOJ with administrative
supervision over the Presidential Commission on Good Government (PCGG).
9. The Secretary is also an ex-officio member of the Judicial and Bar Council
(JBC) [Section 8(1), Article VIII of the 1987 Constitution], the Committee on
Privatization [AO 48 (1987)], and the National Water Resources Board
(NWRB) (EO 123, series of 2002). He is also an ex-officio director of the Power
Sector Assets and Liabilities Management (PSALM) Corporation (RA 9136,
otherwise known as Electric Power Industry Reform Act of 2001). Under EO 648,
series of 1981, an undersecretary of the DOJ is designated as an ex-officio
Commissioner of the Housing and Land Use Regulatory Board (HLURB).
The functional mandates and services of the Department is organized into the
following cluster framework.
1. Law enforcement – Interrelated processes aimed at implementing the law
including interdiction, detection and investigation of crimes/offenses, prosecution of
offenders, as well as protection and assistance for victims and offenders.
a. Detection and investigation – This is a primary function of the NBI.
b. Immigration enforcement – The BI enforces the Philippine Immigration Law and
certain provisions of the Anti-Trafficking in Persons Act (RA 9208).
c. Criminal prosecution – The NPS investigates criminal complaints and prosecutes
accused person/s before the courts. The WPSBP supports this by providing
protection and incentives to vital witnesses.
d. Public defense and assistance – The PAO provides legal assistance for victims of
crimes and persons investigated or accused who do not have access to the
services of a lawyer.
e. Special protection - The Department takes the lead in the protection of vulnerable
groups especially women and children through the IACAT, JJWC and SCPC.

6. 2. Corrections – This involves retribution, deterrence, restraint and rehabilitation of
criminal offenders and their eventual restoration, as well as compensation for victims of
violent crimes and unjust imprisonment.
a. Safekeeping and rehabilitation of offenders– The BUCOR ensures that national
prisoners serve their sentence and are rehabilitated while in custody to prepare
them for reintegration into the mainstream society.
b. Pardon, parole and probation – The BPP grants parole to qualified offenders and
recommends pardon/Executive Clemency. The PPA conducts parole/probation
investigation and supervises offenders granted parole, pardon and probation as
well as first-time minor drug offenders for rehabilitation and reintegration.
c. Victims compensation – The government provides monetary compensation for
victims of violent crimes and unjust imprisonment through the Victims
Compensation Program implemented by the BOC. DOJ Development Plan,
2011-2016 Page 6 of 26 3.
3. Legal services – Provision of various legal services for the government, its
corporations and the public.
a. Legal services for the government – The Office of the Chief State Counsel (DOJ
Legal Staff) assists the Secretary of Justice in the discharge of functions as
Attorney General. The Office of the OSG and OGCC serve as legal counsel of
the government and its corporations, respectively.
b. Free legal assistance for the public – The PAO provides free legal services
primarily to indigents, other qualified persons and, in the exigency of the service,
to other persons when called upon by proper government authorities subject to
existing laws, rules and regulations.
c. Land registration – The LRA, through its quasi-judicial and regulatory functions,
protects the legal rights of land owners by implementing the Torrens system of
land titling and registration.
d. Asset recovery – The PCGG recovers and administers ill-gotten wealth of former
President Ferdinand Marcos, among other related legal functions.
e. Alternative dispute resolution – The OADR is mandated to promote, develop and
expand the use of alternat.

7. OVERVIEW
In June 2010, President Aquino has entered into a Social Contract with the
Filipino People, a 16-point agenda which is built on a strong foundation of respect for
human rights.
The key results areas of this Social Contract are anti-corruption and good
governance; poverty alleviation and empowerment of the poor; achieving inclusive
economic growth; building a just and lasting peace and promoting the rule of law; and
protecting the environment, with gender equality as a cross-cutting concern.
The strong commitment of our Government to promote and protect human rights
is equally imbibed in the plans and programs of the DOJ. The DOJ is the lead agency in
the implementation of the International Covenant on Civil and Political Rights (ICCPR).
The DOJ has taken an active role in pushing forward almost all human rights
international instruments, which our Government ratified since 2008 after the Philippines
delivered its first State Report to the United Nations (UN) for the Universal Periodic
Review (UPR).
The ratification of the Convention on the Rights of Persons with Disabilities,
Optional Protocol to the Convention Against Torture, Rome Statute of the International
Criminal Court and Protocol 1 Additional to the 1949 Geneva Conventions are just some
of the progress we have made in international forefront.
The DOJ also made its strong position in harmonizing our domestic legislation
with relevant international human rights treaties to which we are a state party, such as
the adoption of an Anti-Torture Act and Anti-Disappearance Act, which are compliant
with our obligations under the Convention Against Torture and Convention on
Convention for the Protection of all Persons from Enforced Disappearance, sans its
ratification.
The DOJ, staged a front-act in crafting the Implementing Rules and Regulations
(IRR) of the both the Anti-Torture and Anti-Disappearance Act.
The DOJ, through the Committee for the Special Protection of Children (CSPC),
ensure the passage of the following laws consistent with the Convention on the Rights
of the Child (CRC), such as the Act providing for the legitimation of children born to
parents below marrying age; an anti-child pornography Act; and an Act providing for an
administrative rather than a judicial process to declare a child legally available for
adoption.
The DOJ, in effectively addressing reported incidents of extrajudicial killings
(EJK), enforced disappearance (ED) and torture enhanced its internal mechanism by
strengthening its witness protection system and issuing its Operational Guidelines in
Evidence-Gathering, Investigation and Case Build-Up in cases of Political and Media

8. Killings - an innovative measure wherein prosecutors are now working closely with law
enforcers in evidence gathering and case build up.
On 22 November 2012, the President issued Administrative Order No. 35
creating the Inter-Agency Committee on Extrajudicial Killings, Enforced
Disappearances, Torture and Other Grave Violations of the Right to Life, Liberty and
Security of Persons. The AO 35 declares as a paramount policy of the administration to
end the impression of a culture of impunity.
Undeniably, our concerted actions have resulted in a dramatic decrease in
reported incidents of EJK. The government’s Task Force Usig, a special unit under the
Philippine National Police (PNP), has independently verified that incidents have clearly
declined. This positive result is commonly shared by the Commission on Human Rights
(CHR), independent stakeholders and international partners.

9. SIGNIFICANT ACCOMPLISHMENTS
Thematic Objective 1 - To mainstream
international human rights standards to
domestic norms through the enactment of
laws as well as for the harmonization of
enacted legislations and other
administrative and judicial measures/
actions including but not limited to local
legislations
The DOJ is at the forefront in the implementation of the justice system through
the provision of various justice services to the public and legal services to the
government, in partnership with other Executive Agencies, the Judiciary and
Legislature. On the legislative norms, the DOJ is always receiving requests from the
upper and lower House on every legislative measure seeking for its position and/or
comment. This involvement continues up to the level of the Office of the President prior
to the signing of the bill into law.
The DOJ fully supported the immediate passage of R.A. No. 10368 (“Human
Rights Victims Reparation and Recognition Act of 2013”), and being fully aware of the
time constraint that many more claimants have yet to file their claims here and abroad
for other various reasons, it likewise supported the bill seeking extension for human
rights victims during martial law to file their claims for compensation and recognition
under Senate Bill No. 2418 ("An Act Extending The Deadline To File Claims Under The
Human Rights Victims Reparation and Recognition Act of 2013 or Republic Act No.
10368”).
This effort to mainstream our domestic legislation is not only an ardent
implementation of the constitutional policy which declares that the “State values the
dignity of every human persons and guarantees full respect for human rights”, Section
4, Article II, 1987 Constitution but in compliance with the Philippine international
obligations under the Universal Declaration on Human Rights (UDHR), International
Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture (CAT)
and its Optional Protocol.
In a bill strengthening the Commission on Human Rights (CHR), expanding for
the purpose its mandate to cover civil, political, economic, social and cultural rights
(ESCR), and by granting the institution fiscal autonomy is anchored basically from the
socio-economic and cultural aspects of the Universal Declaration of Human Rights and
the United Nations International Covenant on Economic, Social and Cultural Rights
(UNICESCR).
This Department, after careful examination of H.B. Nos. 238/1589/3016/2152 and
SB Nos. 479/440/1367/2087/10 (“Strengthening the Commission on Human Rights and

10. For Other Purposes”), posited that no less than the United Nations’ Office of the High
Commissioner for Human Rights has called for this government to support the CHR
including increasing its fiscal autonomy and organizational capacity and on this note the
DOJ is fully supportive of the provision granting full fiscal autonomy for the CHR.
In cascading the Convention Against Torture (CAT), HB No. 4714 or the
"Servando Act" – named after college student Guillo Cesar Servando who died after a
hazing ritual on June 28 – repeals RA No. 8049 or the “Anti-Hazing Law,” which only
regulates hazing conducted by fraternities, sororities, and other organizations.
The proposed bill prohibits hazing or any physical or psychological suffering,
harm or injury to be inflicted on a person who wants to be admitted to an organization.
Under the measure, any activity that humiliates, degrades, abuses, and endangers a
neophyte, is also considered hazing. It also refers to unauthorized training procedures
of prospective members of the Armed Forces of the Philippines and the Philippine
National Police that results to physical and pyschological suffering, harm, or injury.
This Department actively participated in the deliberation of said bill to address
hazing incidents and to compel the schools and institutions to exercise greater
accountability and transparency in their actions.
For SB 2080/276 and 809, the bill seeks to impose death penalty in the country
"due to the alarming upsurge of such crimes which has resulted not only in the loss of
human lives and wanton destruction of property," which is open for the possible debates
on the call to the capital punishment.
On the bill creating the National Preventive Mechanisms (NPM), as the national
component of the preventive system established by the OPCAT, is another measure to
mainstream international covenant into domestic legal system. Under the OPCAT,
NPMs are mandated to conduct regular visit to all types of places where persons are
deprived of liberty. These visits should lead to reports and concrete recommendations
to improve the protection of persons deprived of liberty. NPMs can also make
comments on laws and regulations and propose reforms. Every year, NPMs have to
publish an annual report on their activities and torture prevention issues in their country.
Most importantly, NPMs need to be independent, free from government influence
and given sufficient resources to carry out their work effectively. They must also have
the power to access all places of detention, without restriction, to access all information
and to be able to talk with detained persons in private. They complement the work of the
Subcommittee on Prevention of Torture and can have direct contacts with the SPT.
Their permanent presence in a country enables them to conduct regular monitoring, and
build a long term relationship with relevant authorities, based on trust and on-going
dialogue. As domestic bodies, NPMs are best placed to propose concrete preventive
measures which are adapted to the situation and challenges in the country. Through
their regular monitoring visits, NPMs are in a good position to identify early warnings
signs, and thereby to prevent abuses in places of detention.

11. Thematic Objective 2 - To enhance the
institutional remedies and multi
stakeholders commitment to put an end to
alleged impunity
Administrative Order 35 was issued by the President of the Republic of the
Philippines on 22 November 2012, creating the Inter-Agency Committee on Extra-Legal
Killings, Enforced Disappearances, Torture and Other Grave Violations of the Right to
Life, Liberty and Security of Persons.
AO 35 declares as a paramount policy of the administration to end the
impression of a culture of impunity in the country.
The AO 35 Inter-Agency Committee (IAC) is chaired by the Secretary of the
Department of Justice with high-level members, to wit: Chairperson, Presidential Human
Rights Committee (PHRC); Secretary, Department of the Interior and Local Government
(DILG); Secretary, Department of National Defense (DND); Presidential Adviser on the
Peace Process (PAPP); Presidential Adviser for Political Affairs (PAPA); Chief of Staff,
Armed Forces of the Philippines (AFP); Director General, Philippine National Police
(PNP); Director, National Bureau of Investigation (NBI). The CHR Chairperson and
Ombudsman sit as observers.
The IAC is provided technical support by the Technical Working Group (TWG)
and Secretariat composed of representatives of member-agencies and
observers/resource persons of the IAC.
The IAC in the implementation of its functions, undertake the following:
a) Inventory of Cases. For the first 30 days, the Committee shall conduct an
inventory of all cases of extra-legal killings, enforced disappearances, torture,
and other grave violations of the right to life, liberty, and security of persons,
perpetrated by State and non-state forces alike, from all government sources, i.e.
the investigative and prosecutorial government offices, including the National
Prosecution Service (NPS), the Ombudsman, CHR, PNP, NBI, AFP Inspector
General, People’s Law Enforcement Board (PLEB), National Police Commission
(NAPOLCOM), PNP Internal Affairs Service, the Judiciary and all others, for
purposes of categorizing said cases, as follows:
i. Unsolved Cases;
ii. Cases under investigation;
iii. Cases under preliminary investigation; and
iv. Cases under trial.

12. Simultaneously, the Committee shall also source data of cases from non-
government sources, specifically independent and non-partisan international
and national human rights organizations and groups.
In determining which cases are to be included in the inventory, the Committee
shall draw up guidelines for the consideration of doubtful cases with primacy
given to the political complexion of the offense committed, and the participation
of State or non-state forces in the commission of the human rights
violation.
b) Investigation of unsolved cases. After conducting the inventory, the
Committee shall prioritize the unsolved cases for action, and assign special
investigation teams to conduct further investigation on these cases for the
possible identification of the perpetrators. Greater priority shall be given to high
profile cases perpetrated during the past administration.
c) Monitoring and reporting to the Committee of cases under
investigation, preliminary investigation, and trial For cases under
investigation, preliminary investigation, and trial, the Committee shall
designate a special oversight team composed of investigators and prosecutors
who shall actively monitor developments on these cases and regularly report
and submit recommendations to the Committee.
d) Investigation and prosecution of new cases. The Committee shall also
designate a special team of investigators and prosecutors exclusively for new
cases, for immediate investigation and prosecution of the perpetrators.
Cases referred to or filed with the CHR or the Ombudsman shall be
monitored by this special team for action on CHR and Ombudsman
resolutions on said cases, if applicable, unless the investigation has
already been started beforehand by, or complaints have already been filed
with, the agencies under the Committee’s jurisdiction, in which case the special
team shall oversee, supervise and monitor the investigation or preliminary
investigation conducted by the Committee’s agencies, notwithstanding the
conduct of an on-going investigation by the CHR or the Ombudsman.
However, the special team shall actively coordinate with the CHR and
the Ombudsman in the conduct of these concurrent investigations.
In the cases of torture, the special team shall ensure that Section 9 (a) of RA No.
9745 or the Anti-Torture Act of 2009 on the 60-day period for an investigation
of a complaint for torture is followed by the DOJ, Public Attorney’s Office
(PAO), PNP, NBI, and the AFP.
e) Action upon the cases. After the report of every team, which shall be made
as regularly and as expeditiously as possible, whether in the form of short
memoranda, email, notes, field spot reports, sms messages, and the like, the
Chair shall take immediate action if such is within the jurisdiction of the
agencies of the Department of Justice, without need of consultation or
agreement of the other members, or in consensus with the concerned

13. member of the Committee. In any case, the Chair shall have the
discretion to table any matter for discussion and decision of the
Committee, especially in the instance of high-profile or problematic cases.
f) Submission of report to the President. After the first six months from its
creation, and every six months thereafter, the Committee shall submit a report
to the President, detailing the inventory of cases according to category, and
describing the accomplishments and progress made for each case, or the
problems and obstacles encountered, highlighting problematic high profile cases
from the past administration as well as violations committed during the
present administration, with further recommendations for any additional action
that may be taken by the President requiring coordination on a common
course of action with the CHR, the Ombudsman, Congress, and the Judiciary.
The IAC in the implementation of its functions created the following Task Forces
which undertake the investigation and prosecution and monitor cases or incidents that
occurred prior and after effectivity of AO 35 on 22 November 2012.
1) Special Investigation Teams for New Cases (SITN)1
2) Special Investigation Teams for Existing/Current Cases (SITEC)2
3) Special Investigation Teams for Unsolved Cases (SITU)3
4) Special Oversight Team (SOT) for unsolved cases4
5) Special Oversight Team (SOT) for existing and new cases5
The AO 35 IAC has collated a list of reported extralegal/extrajudicial killing cases
from 2001 to the present. This was sourced from various sources namely: the
Commission on Human Rights (CHR), Philippine National Police – Task Force Usig,
Office of the Presidential Adviser on Peace Process (OPAPP), Presidential Human
Rights Committee (PHRC), Department of Foreign Affairs and the National Prosecution
Service of the Department of Justice (NPS-DOJ). These cases were processed by the
Technical Working Group (TWG) and consequently submitted to the Inter Agency
Committee (IAC), composed of high-level representatives from the member agencies,
with the purpose of determining their validity as ELK/EJK as defined in the AO35
Operational Guidelines.
An inventory of cases spanning 2001 to 2015 resulted to a list of two hundred
fourteen (214) killing incidents of ELK/EJK which are referred to as IAC approved
cases. These cases came from the five hundred eighty four (584) processed
incidents by the TWG sourced from the above-mentioned agencies.
__________________
1
Refers to composite teams of prosecutors and investigations designated by the IAC purposely to investigate,
Prosecute and monitor new cases or incidents that occurred after the effectivity of A.O. No. 35 on 22 November
2012.

14. 2
Refers to composite teams of prosecutors and investigators designated by the IAC purposely to investigate,
prosecute and monitor existing or current cases that are actively being investigated or prosecuted in court and
those that have been archived by the court, where such cases or incidents occurred prior to the effectivity of
A.O. No. 35 on 22November 2012.
There are seven (7) judgments of conviction involving thirteen (13) accused
wherein five (5) judgments were rendered during the present administration.
Possible ELK/EJK cases are continually submitted to the IAC for processing
and validation.
Media killing is considered as special category of ELK/EJK, the IAC continue to
processed cases of which during the period of 2001-2015, it has processed one
hundred twenty five (125) cases. The IAC has approved sixty (60) incidents of work-
related media killings. These cases were sourced from CHR, NBI and PNP Task Force
Usig, Among the 60 cases, eighteen (18) cases occurred during the present
administration.
At present out of the eighteen (18) cases, seven (7) cases are being
investigated by the PNP or NBI or the AO35 SIT; four (4) cases are pending
preliminary investigation; four (4) cases are pending trial; one (1) case has been
archived by the court; two (2) cases of convictions on the killings of Miguel Belen and
Gerardo “Doc” Gerry” Ortega involving accused Eric Vargas and Marlon Recamata.
The Reyes brothers accused in the slaying of Doc Gerry are among the cases
submitted to a Special Tracker Team (STT) – an AO 35 structure that pursues fugitives.
From eleven (11) judgments of conviction involving thirteen (13) accused, six (6)
were promulgated during the present administration. The last of which was promulgated
on 05 February 2015 against Eric Vargas in the case of Miguel Belen.
In view of the expanded definition of ELK/EJK under the AO35 Operational
Guidelines, which includes killings of persons with political, agrarian, environmental and
labor advocacies, the Tripartite Industrial Peace Council of the Department of Labor
and Employment (DOLE) referred sixty - two (62) alleged labor-related cases from the
period 2001 – 2014. From the sixty-two (62) cases only ten (10) cases were validated
and approved as ELKs/EJKs under AO35. Another case was referred by the Asian
Human Rights Commission and validated and approved by IAC on May 29, 20015.
From the eleven (11) cases, two (2) cases are pending trial, one (1) case for filing of
homicide after preliminary investigation, three (3) cases have been assigned to SITs
that concluded its investigation and recommended that these cases be considered
closed, which recommendation was approved by the SOT. But without prejudice to re-
opening, two (2) cases are presently assigned to SITs, while the three (3) other cases
are for review of the SOT.

15. On enforced disappearance, covering the period of 2001 to 2014, the PNP-
Task Force Usig, CHR and OPAPP have submitted one hundred thirty seven (137) and
one (1) case for 2015 of enforced disappearance case was processed by the TWG but
excluded since the criteria set by A.O. 35 guidelines are not present. After undergoing
a validation process under the AO35 rules and guidelines, twenty-seven (27) cases,
out of 138 referred incidents, were validated a AO35 enforced disappearance cases.
Out of twenty-seven (27) cases, fourteen (14) cases were assigned to SITs, three (3)
cases pending trial before the Regional Trial Courts, case Jonas Burgos is included
and presently being monitored by the SOT nine (9) cases for assignment to SITs and
one case (1) case dismissed by the court.
On torture, covering the years 2008 to 2015, ninety three (93) cases were
referred by the CHR and two (2) cases from the International Amnesty. From this, a
total of fifty-three (56) cases were deemed to be torture incidents under the AO35 list.
The alleged torture case, involving minors during the 2013 Zamboanga siege was
already referred to the SIT with recommendation that it is for filing, however, in order to
strengthen evidence for the purpose of securing possible conviction, SOT
recommended that SIT has to gather more evidence.
Torture cases referred to AO35 were deliberated with caution, considering that
some of the reported incidents transpired prior to the enactment of Republic Act No.
9745, which is the Anti-Torture Act of 2009 and the alleged perpetrators are state
agents.
On other grave human rights violations (GHRV), the IAC in seriously
considering to properly addressing the impression of culture of impunity has included
violation of Republic Act No. 9851 (Philippine Act on Crimes Against International
Humanitarian Law, Genocide and Other Crimes against Humanity IHL) under the
category as GHRV. The AO35 has evaluated cases which may have failed to comply
the criteria as ELK/EJK, ED, Torture, Media Killings but can be considered as human
rights violation under Other Grave Human Rights Violation. As of May, 2015 the TWG
has processed seven (7) cases referred by the Office of the Presidential Adviser on
Peace Process (OPAPP) From these, one (1) case was approved by the IAC as
violation of Republic Act No. 9851 (R.A. 9851). This case was referred to as La
Castellana incident wherein seven (7) civilians and two (2) policemen were killed;
also nine (9) civilians were wounded.
Thematic Objective No.3 – To set up a
multi-stakeholder, coordinated performance
accountability and monitoring system on
the compliance of the government with
implementation of the ICCPR

16. The Committee for the Special Protection of Children (CSPC) was created in
1995 through Executive Order (EO) No. 275 as a follow through mechanism of Republic
Act No. 7610 otherwise known as the Anti-Child Abuse, Exploitation and Discrimination
Act. To strengthen the Committee, EO 53 was issued in 2011 expanding its
membership and involving more agencies and stakeholders in the fight against child
abuse, exploitation and discrimination. It’s main function is to report to the President
actions taken to address specific issues on child abuse and exploitation brought to its
attention.
The Committee is chaired by the Secretary of Justice and co-chaired by the
Secretary of Social Welfare and Development, with the following as members:
• Chairperson of the Commission on Human Rights;
• Secretary of Foreign Affairs;
• Secretary of Labor and Employment;
• Secretary of Tourism;
• Secretary of the Interior and Local Government;
• Secretary of Health;
• Secretary of Education;
• Commissioner of Immigration;
• Director of the National Bureau of Investigation;
• Chief of the Philippine National Police;
• Prosecutor General; and
• Three (3) representatives of non-government or private organizations
working and/or advocating for the protection of children.
The CSPC exercises the following responsibilities:
1. Establish a system of collecting periodic reports from member agencies on
cases filed before them including the status of such cases;
2. Request member agencies and other government instrumentalities to address
specific issues brought to the Committee’s attention that require immediate
action;
3. Coordinate with other inter-agency councils and other similar structures and
mechanisms for synchronization and harmonization of actions on the legal
protection of children;
4. Develop and/or recommend policies and guidelines to address gaps and
issues identified in the investigation and prosecution of cases as well as in the
legal protection of children;
5. Formulate a uniform protocol for capacity-building of duty bearers and other
stakeholders with emphasis on multi-disciplinary approach;
6. Call upon non-member agencies for assistance when necessary in the
exercise of its functions and duties;

17. In 2013, the CSPC’s major achievement was the development and launching of
the Protocol on Case Management of Children victims of abuse and exploitation. This
document establishes the technical guidelines for all concerned government agencies,
non-government organizations and other stakeholders working for the protection and
welfare of children to ensure the protection of the rights of child victims of abuse,
neglect and exploitation.
As part of the localization of the Comprehensive Program for Child Protection
(CPCP) a core group from CSPC assessed ten (10) barangays as best Barangay
Council for the Protection of Children in Sibalom, Antique. Feedback on areas of
improvement and suggested activities were shared and cash incentives were awarded
to all the 10 barangays.
To continue on making religious leaders and church volunteers in the Diocese of
Antique aware on the Care and Protection of Children and Women in Local Church
Communities, the Second Basic Orientation Towards Building a Child-Friendly Parishes
was conducted in five (5) parishes in San Jose, Antique.
Among its other accomplishments are as follow:
• Formulation and Updating of the Comprehensive Program for Child
Protection **Localization in Puerto Princesa City, Tagbilaran City, Panglao,
Bohol, Boracay and Antique
• Philippine Plan for Safeguarding Children from Commercial Exploitation and
Sexual Abuse (project with the UK Embassy)(Offenders Database)
• Formulation of policies (within the agencies) relative to cases on children
• Guide for Media Practitioners (integrated in the KBP Code of Conduct) and
coordinated with other media organizations on its implementation
• Protocols on Case Management of Children Victims of Abuse, Neglect and
Exploitation
• Monitoring of Cases (to name a few - Echeverry (Boracay), Jala-jala (Rizal),
Matthews (Surigao), Amarela Resort (Bohol), Zambales Case – mayor, Zagada
Case)
• Legal Assistance to Children
• Capability building (trainings) for prosecutors and other law enforcement
personnel nationwide
• Immediate action on child abuse cases in coordination with concerned
agencies (Supreme Court, DFA, BI, NBI)
• Surveillance (Angeles City, Pasay City & Subic)
• Dialogues (with LCEs - Angeles City and Laoag City, MTRCB, Supreme Court,
Family doctors, and the like)

18. • IEC Campaign/Media Advocacy (posters for the CSAAW Week, Forum on
Trafficking)
• Monitoring of advertisements
In 2014, the following are some of the CSPC’s major accomplishments:
KRA 1: By 2016, an improved and comprehensive child protection data base
and monitoring system is in place at national and local levels to inform policy
formulation and programme development.
On Major Policy and Program Intervention specifically on the
Development of a Child Protection Policy, the Committee conducted a Two-day
workshop on the Development of a Child Protection Policy (CPP) at the Kimberly
Hotel, Pedro Gil, Manila on 2-3, April 2014 with 19 participants coming from 10
member-agencies of CSPC.
KRA 3: By 2016, child protection structures and systems are operational and
effectively functioning at various levels
On the Multi-disciplinary Team (MDT) Training on the Protocols for Case
Management of children Victims of Abuse, Neglect and Exploitation, the
Committee , in partnership with CPN and UNICEF, conducted the following
batches:
• 1st
Batch - July 21-25, 2014 at San Antonio Resort, Roxas City with seventy
nine (79) participants.
• 2nd
Batch - August 12-13, 2014 at Ormoc Villas, Ormoc City with forty six (46)
participants
• 3rd
Batch - October 14-15, 2014 at Sabin Resort, Ormoc City with partners
Child Protection Network and UNICEF with forty seven (47) participants.
KRA 4: By 2016, appropriate and quality basic and protective services are
provided to all children in need of special protection without discrimination.
On setting up child-friendly spaces, the following were conducted:
• Basic Orientation Seminar for Priests, Parish Leaders and Volunteers
Towards Building a Child-Friendly parish held at San Jose, Antique on Feb.
10-12, 2014 with 37 participants from 5 parishes of Antique
• 3 day Basic Orientation Seminar for Parish Leaders, volunteers, MENSA
DOMINI Sisters and Associates on Building a Child-Friendly Parish
conducted on April 9-11, 2014 at San Jose, Antique with 67 participants from
5 parishes of Antique and the MENSA DOMINI Sisters.

19. KRA 5: By 2016, a counter culture of care and protection permeates through the
major social institutions (family, church, school, government) and the larger society –
against the prevailing culture of abuse, violence and exploitation.
On Anti-Online Child Abuse, With the Convergence of Councils and
Committees re: Global Alliance: Online Child Abuse, the Committee
spearheaded the conduct of the following:
• Assessment and Planning Workshop - May 8-9, 2014 in Tagaytay City with
32 participants from government and non-government organizations
• Public-Private Roundtable Dialogue on Child Sexual Abuse Online on
October 29, 2014, at the Ascott Makati Hotel, Makati City with forty five (45)
attendees.
Thematic Objective No.4 – To establish
mechanisms and strengthen existing
measures on international humanitarian law
(IHL) and rule of law (ROL)
The DOJ played a major role in supporting the ratification of the following IHL
treaties, to wit: a) Protocol Additional to the Geneva Convention of 12 August 1949, and
Relating to the Protection of Victims of International Armed Conflicts (Protocol 1); b)
Convention for the Protection of Cultural Property in the Event of Armed Conflict and its
Protocol and; c) Rome Statute on International Criminal Court in 2012.
Additional Protocol 1 would allow for a better protection of Filipino soldiers in
case they are deployed abroad for peacekeeping and other military operations in the
course of an international armed conflict.
The DOJ, in celebrating the IHL week every month of August conducted IHL
training/seminar for Prosecutors in Manila and Tacloban. Last 13 August 2015,
sponsored by the ICRC, the DOJ conducted another IHL Training for the Prosecutors in
New World, Manila.
The DOJ, through its focal person voluntarily assisting through giving
lectures/seminars on IHL and Rome Statute in partnership with other agencies, such as
OPAPP and DFA.
CHALLENGES
Hereunder are some of the major challenges and constraints for AO35:
1) Reluctance of assigned SITs to accept the funds for investigation.

20. 2) Lack of equipments such as computers, internet access and office furnitures.
3) Non participation of designated TWG and Secretariat members in the
implementation of AO 35 activities.
4) Jurisdictional and conflict of interest issues of designated AO 35 prosecutors due
to lack of appointed prosecutors.
5) Lack of awareness of the Stakeholders about AO 35.
6) Continuity of service/participation in the investigation and prosecution of cases
due to the constant transfer of PNP, NBI and DOJ personnel.
7) Lack of clear provision as to giving protection and incentive to prosecutors and
law enforcers handling AO 35 case.
8) Lack of information dissemination of stakeholders to the public.
9) Lack of regular venue for AO 35 TWG and Secretariat Meetings.
10) Stringent COA rules and regulations when it comes to financial matters.
11) Having contractual employees detailed in AO 35 Secretariat.