Estevez |

On 6 February 2013, in the 15th Congress, the Senate and House of Representatives passed the Rights of Internally Displaced
Persons Act of 2013 (2013 IDP Rights Act). The AKBAYAN-authored1 bill is a consolidation of Senate Bill No, 3317 and House Bill No.
5627 and sought to prevent displacement, and spell out rights of people during and after displacement. The bill imposes penalties on
the arbitrary displacement of any person, including non-combatants caught in the crossfire of internal armed conflicts. It also provides
for monetary compensation for lost or damaged property or for the death of family members of IDPs. The Commission on Human
Rights (CHR) was designated as the primary agency for the protection of IDPs.
The passage of the 2013 IDP Rights Act was lauded by the UNHCR who noted that this makes the Philippines the first country in the
Asia-Pacific region to have comprehensive legislation that protects people against arbitrary and guarantees the rights of the internally
displaced in accordance with international standards, particularly the UN Guiding Principles on Internal Displacement. 2 The UNHCR
also saw this bill as a model example for other countries.3
On 24 May 2014, President Aquino vetoed the 2013 IDP Rights Act. In his veto message sent to the Senate and the House of
Representatives, he cited four grounds for the veto: First, the bill contains a provision on damages that unlawfully differentiates between
displacements caused by security agents of the State and other entities; second, the bill grants to the CHR the power to determine
damages incurred against IDPs a power that belongs exclusively to the Judiciary; third, the additional powers that the bill grants to the
CHR exceed those given to it by the Constitution as it was conceived as an investigative and recommendatory agency exercising
limited powers; and fourth, the provision allowing individuals to claim financial assistance and compensation from the government
opens the door to a slew of claims or cases against the government, and goes against the 'non-suability' character of the State. 4
In October 2013, after typhoon Santi struck northern Luzon, and in light of MNLF take over of Zamboanga City, AKBAYAN
representatives Ibarra Gutierrez and Walden Bello revived the vetoed IDP Rights Act as House Bill No. 3146 to help fast track the
recovery of calamities and armed conflicts victims.5 Rep. Gutierrez explains, every year, our country faces natural calamities

and armed conflicts that continually increase the number of IDPs, which makes the passage of this law
imperative.6

26 August 2014 HRep approved HB 4744

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Principal author: Barry Gutierrez (Chairman of Technical Working Group that consolidated 4 bills)
"During the painstaking deliberation of the provisions of the bill, we have constantly engaged concerned agencies of the
government such as the Department of Justice (DoJ), Department of Social Welfare and Development (DSWD) and the
Department of Interior and Local Government (DILG). The legal issues raised in the previous Congress were also given due
considerations," he said. 7

1 September 2014 Transmitted to Senate

Rights of Internally Displaced Persons Act of 2013

1
2 UNHCR, 2013. Philippines passes historic bill to protect internally displaced. [online] Available at: <
http://www.unhcr.org/5114dd5c9.html> [Accessed on 18 December 2014].

3 Id.
4 Cheng, 2013. Pnoy vetoes bill on internally displaced persons. [online] Available at: <http://www.abscbnnews.com/nation/05/29/13/pnoy-vetoes-bill-internally-displaced-persons> [Accessed on 18 December 2014].

5 Alvarez, 2014. Vetoed bill protecting rights of IDPs revived in Congress. [online]
Available at <http://www.sunstar.com.ph/breaking-news/2013/10/18/vetoed-bill-protecting-rights-idps-revived-congress309291> [Accessed on 18 December 2014].

6 Id.
7 https://akbayan.org.ph/news/12-press-releases/468-bill-protecting-persons-displaced-by-natural-calamities-armed-conflicts-clearshouse August 28 2014, Press Release, Barry Guttierez Quote
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