ANTI-ENFORCED OR INVOLUNTARY DISAPPEARANCE ACT OF 2012

Republic Act No. 10353

Summary of the Anti-Enforced or Involuntary Disappearance Act of 2012

Declaration of Policy (Section 2):
- The State values human dignity and guarantees full respect for human rights.
- Highest priority is given to measures prohibiting secret detention, solitary confinement, incommunicado detention, and providing penal and civil sanctions for violations.
- The State adheres to principles of human rights set by the 1987 Philippine Constitution and international instruments like ICCPR and CAT.

Definitions (Section 3):
- Agents of the State: Persons performing public functions or duties in the government.
- Enforced or involuntary disappearance: Arrest, detention, abduction or deprivation of liberty by agents of the State, followed by refusal to acknowledge the deprivation or concealment of the victim's fate.
- Order of Battle: A document listing persons and organizations perceived as enemies of the State.
- Victim: The disappeared person and any individual who suffered harm as a direct result.

Non-derogability of the Right Against Enforced Disappearance (Section 4):
- The right against enforced disappearance and safeguards for prevention shall not be suspended under any circumstance.

"Order of Battle" Not a Legal Ground (Section 5):
- An "Order of Battle" causing enforced disappearance is unlawful and cannot be invoked as a justification.
- Any person receiving such an order has the right to disobey it.

Right of Access to Communication (Section 6):
- Any person deprived of liberty has the absolute right to immediately communicate with family, lawyer, or human rights organization about their whereabouts and condition.

Duty to Report Victims of Enforced Disappearance (Section 7):
- Any person with information about a victim of enforced disappearance shall immediately report in writing to authorities like DILG, DND, PNP, AFP, NBI, prosecutors, CHR, or human rights organizations.

Duty to Certify in Writing on Inquiry Results (Section 8):
- Officials of detention centers, PNP, AFP, NBI, or other agencies shall immediately issue a written certification on the presence or absence and whereabouts of a reported victim when inquired.

Duty of Inquest/Investigating Prosecutor or Official (Section 9):
- Any prosecutor, judicial or quasi-judicial official who learns that a person is a victim of enforced disappearance shall immediately disclose the victim's whereabouts to family, lawyer, or human rights organization.

Official Up-to-Date Register of All Detained Persons (Section 10):
- All detained persons shall be placed in officially recognized detention facilities with an up-to-date register.
- The register shall contain details like identity, date and time of detention, authority, physical and mental condition, visits, and other relevant information.
- The register shall be regularly reported to CHR and made available to the public.

Submission of List of Government Detention Facilities (Section 11):
- Within 6 months and as requested by CHR, all agencies shall submit an updated list of detention facilities and detainees under their jurisdiction.

Immediate Issuance and Compliance of Writs (Section 12):
- Proceedings for writs of habeas corpus, amparo, and habeas data shall be dispensed with expeditiously and given priority.
- Orders issued pursuant to such writs shall be executed and complied with immediately.

Visitation/Inspection of Places of Detention (Section 13):
- CHR is mandated and authorized to conduct regular, independent, unannounced, and unrestricted visits to or inspection of all places of detention.

Liability of Commanding Officer or Superior (Section 14):
- The immediate commanding officer shall be held liable as a principal for acts that led, assisted, abetted, or allowed the commission of enforced disappearance by subordinates.
- If the officer had knowledge but failed to prevent or investigate allegations, despite having authority, they shall also be held liable.

Penal Provisions (Section 15):
- Reclusion perpetua for those who directly committed, instigated, cooperated in, or abetted enforced disappearance.
- Reclusion temporal for attempted enforced disappearance or profiting from, concealing, or harboring the offenders.
- Prision correctional for defying orders pursuant to writs of habeas corpus, amparo, and habeas data.
- Arresto mayor for violating Sections 6, 7, 8, 9, and 10.

Preventive Suspension/Summary Dismissal (Section 16):
- Government officials found to be perpetrators or participants in enforced disappearance shall be preventively suspended or summarily dismissed based on evidence from preliminary investigation.

Civil Liability (Section 17):
- Enforced disappearance shall render perpetrators and State agencies liable under civil law.

Independent Liability (Section 18):
- Criminal liability under this Act is independent of prosecution under other laws like RA 7438, RA 9745, and the Revised Penal Code.

Nonexclusivity or Double Jeopardy Under International Law (Section 19):
- Proceedings in Philippine courts shall be without prejudice to any process before international courts or agencies under applicable international human rights and humanitarian law.

Exemption from Prosecution (Section 20):
- Any offender who volunteers information leading to the discovery of the victim or prosecution of offenders, without being the most guilty, shall be exempt from criminal and civil liability.

Continuing Offense (Section 21):
- Enforced disappearance shall be considered a continuing offense as long as the perpetrators conceal the victim's fate and whereabouts.

Statute of Limitations Exemption (Section 22):
- Prosecution shall not prescribe unless the victim surfaces alive, in which case the prescriptive period is 25 years from the date of reappearance.

Special Amnesty Law Exclusion (Section 23):
- Persons charged with or guilty of enforced disappearance shall not benefit from any special amnesty law or similar executive measures.

State Protection (Section 24):
- The State shall ensure the safety of all persons involved in the search, investigation, and prosecution, including victims, families, complainants, witnesses, legal counsel, human rights organizations, and media.

Applicability of Refouler (Section 25):
- No person shall be expelled, returned, or extradited to another State where there are substantial grounds to believe they may be subjected to enforced disappearance.

Restitution and Compensation to Victims and Relatives (Section 26):
- Victims who surface alive shall be entitled to monetary compensation, rehabilitation, and restitution of honor and reputation.
- Immediate relatives within the fourth civil degree may claim compensation under RA 7309 and other government relief programs.

Rehabilitation of Victims, Relatives, and Offenders (Section 27):
- The State shall provide appropriate medical care and rehabilitation free of charge to victims and immediate relatives.
- A parallel rehabilitation program for offenders shall be implemented without cost.

Implementing Rules and Regulations (Section 28):
- Within 30 days, DOJ, DSWD, CHR, FIND, and Desaparecidos shall jointly promulgate rules and regulations for implementation and ensure public dissemination.

Suppletory Application (Section 29):
- Applicable provisions of the Revised Penal Code shall have suppletory application consistent with this Act.

Appropriations (Section 30):
- ₱10,000,000 is appropriated for initial implementation by CHR.
- Subsequent funds shall be included in the annual budgets of CHR and DOJ.

Separability Clause (Section 31):
- If any section is declared unconstitutional or invalid, other sections shall remain in full force.

Repealing Clause (Section 32):
- All laws, decrees, executive orders, rules, and regulations inconsistent with this Act are repealed, amended, or modified accordingly.

Effectivity Clause (Section 33):
- This Act shall take effect 15 days after publication in at least two newspapers of general circulation or the Official Gazette, not later than 7 days after approval.