House Okays Bill against Enforced Disappearance on 2nd Reading

“Finally we are getting somewhere in our campaign to make the phenomenon of enforced disappearance a societal concern,” sighs Joey Faustino, Secretary General of the Families of Victims of Involuntary Disappearance (FIND).

Last Monday, 05 March 2012, the House of Representatives approved on second reading House Bill No. 98, “An Act Defining and Penalizing Enforced or Involuntary Disappearance.”

Former Minority House Leader and Honorary Chairperson of FIND, Cong. Edcel C. Lagman is the principal author of HB No. 98 which defines enforced or involuntary disappearance as the “arrest, detention, abduction, or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such person outside the protection of the law”.

Thirty-three legislators co-authored the consolidated bill, namely; Lorenzo R. Tañada III, Walden Bello, Kaka J. Bag-ao, Salvador H. Escudero III, Neri Colmenares, Teddy A. Casiño, Rafael V. Mariano, Luzviminda V. Ilagan, Raymond V. Palatino, Emmi A. De Jesus, Antonio L Tinio, Rufus B. Rodriguez, Niel C. Tupas, Jr., Rene L. Relampagos, Joseph Emilio Aguinaldo Abaya, Fatima Aliah Q. Dimaporo, Erico B. Aumentado, Solaiman C. Pangandaman, Maria Evita R. Arago, Jeci A. Lapus, Emil L. Ong, Danilo Ramon S. Fernandez, Ma. Amelita A.Calimbas-Villarosa, Irvin M. Alcala, Justin Marc S. Chipeco, Pablo P. Garcia, Maria Milagros E. Habana-Magsaysay, Winston “Winnie” Castelo, Rodel M. Batocabe, Antonio C. Alvarez, Elpidio F. Barzaga, Jr., Rodolfo C. Fariñas, and Romero Federico ‘Miro’ S. Quimbo.

“We are elated over this development. Definitely, this is a something we have been expecting a long time ago, especially for the families who were victimized and their loved ones who are still missing to this day,” said FIND Deputy-Secretary General, Ms. Wilma Q. Tizon when asked to comment on the news.

“Looking back, it was during the 10th Congress in 1996 when the first version of the proposed legislation –HB 8253 “An Act Penalizing Enforced or Involuntary Disappearance and for other Purposes was filed by Rep. Bonifacio Gillego and co-authored by Congressmen Gregorio Andolana and Edgar Lara. Since then, we have been continuously pursuing of having a law that would protect us and hopefully put an end to enforced disappearance,” she added.

House Bill No. 98 provides that the right against enforced disappearance is absolute and non-derogable under any circumstances including, political instability, threat of war, state of war or any public emergency.

The bill is comprehensive such that it covers penal sanctions ranging from arresto mayor to reclusion perpetua depending on the gravity of the offense. It considers enforced disappearance as continuing not until the whereabouts of the disappeared person have been determined with certainty.

It also provides compensation, restitution and rehabilitation of the victims and preventive suspension or summary dismissal of perpetrators including liability of commanding officers or equivalent senior officials for failure to prevent, discontinue or uncover enforced disappearance.

Six other national bills got the nod of the chamber on second reading and approved 21 national bills on third and final reading including 40 local measures and four House Joint Resolutions.

“This proves that House members are fully focused on their legislative duties. Credit goes to the collective leadership and the members of the majority as well as to the critical cooperation of the Minority. We continue to work silently but consistently,” Speaker Feliciano Belmonte, Jr. said.