A bill that aims to classify extrajudicial killings (EJKs) as heinous crimes and prescribing severe penalties for the commission of such acts has been filed in the House of Representatives Friday in a move to promote justice and accountability among state agents and authorities found guilty of such atrocities.
House Bill (HB) No. 10986 or the Anti-Extrajudicial Killing Act, is authored by Senior Deputy Speaker Aurelio “Dong” Gonzales Jr., Deputy Speaker David “Jayjay” Suarez and Quad Committee co-chairmen Reps. Robert Ace Barbers, Bienvenido “Benny” Abante, Dan Fernandez and Stephen Joseph “Caraps” Paduano.
Other authors include Reps. Romeo Acop, Johnny Pimentel, Gerville "Jinky” Luistro, Rodge Gutierrez, Paolo Ortega, Jay Khonghun and Jonathan Keith Flores.
The measure is based on the findings and recommendations of the Quad Committee investigating EJKs in aid of legislation and aims to provide stringent legal standards to address these crimes and ensure accountability for the perpetrators.
“Extrajudicial killing or the killing of individuals without judicial proceedings or legal authority, poses a grave threat to the rule of law, democracy and the protection of human rights. These acts bypass established judicial procedures, undermining public trust in the justice system and violating the basic rights to life and due process guaranteed by the Constitution,” said the bill’s explanatory note.
“The lack of accountability for such crimes contributes to a culture of impunity, where perpetrators believe they can act without fear of legal consequences. This bill seeks to explicitly criminalize EJK, ensuring that any individual, regardless of rank or position, who is found guilty of participating in, authorizing, or condoning such acts will face appropriate criminal penalties,” it added.
Under the proposed measure, extrajudicial killings will be classified as heinous crimes, which means those convicted may face severe penalties, including life imprisonment or reclusion perpetua without the possibility of parole.
The law specifies that EJKs refer to unlawful killings carried out by state agents or those acting with the acquiescence or tolerance of state authorities.
“Extrajudicial killing (EJK) refers to any killing other than that imposed by the State pursuant to the provisions of the Constitution on heinous crimes or a deliberate and arbitrary killing of any person not authorized by a previous judgment pronounced by a competent court affording all the judicial guarantees which are recognized as indispensable by civilized peoples,” the bill read.
“It may be committed by a public officer, person in authority, agent of a person in authority, or any person who is acting under the actual or apparent authority of the State,” it added.
It also defines “Administrative Negligence,” or the “inaction of any public officer, person in authority or agent of a person in authority to prevent the commission of extrajudicial killing in his area of responsibility.”
“By defining EJK as a specific crime, this bill aims to strengthen the legal framework for investigating, prosecuting, and punishing those responsible for these heinous acts,” the bill read.
The bill outlines that any state agent found guilty of committing an EJK will face life imprisonment.
“The penalty of life imprisonment shall be imposed upon a public officer, person of authority, agent of a person in authority, or any person who is acting under the actual or apparent authority of the State, who commits an extrajudicial killing or who orders the extrajudicial killing,” the bill said.
“Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit an extrajudicial killing for whatever purpose shall be equally liable as principals,” it added.
In cases where private individuals are involved but can be proven to have acted under the direction or in concert with state agents, the same penalty will apply.
“The classification of EJK as a heinous crime is a necessary step to restore public confidence in the justice system and uphold the rule of law. It affirms the State’s duty to ensure that all individuals are afforded the protection of law and that justice is served in every case of unlawful killing,” the bill said.
“By adopting this measure, the State not only seeks to provide justice for victims and their families but also to send a clear message that all acts of violence outside legal processes will not be tolerated,” it added.
Also among the salient points of the bill is the provision for reparations for the families of EJK victims.
The proposed measure stipulates that the government will compensate the families of victims as a form of acknowledgment of the injustices they have suffered through the establishment of an Extrajudicial Killing Claims Board.
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