The Commission on Human Rights

Legal Basis

Sections 17-19, Article XIII Philippine Constitution

Executive Order No. 163 – May 5, 1987 (Declaring the effectivity of the creation of the Commission on Human Rights as provided for in the 1987 Constitution, providing guidelines for the operation thereof, and for other purposes.)

Membership

The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar.

Powers and Functions

▪  Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

Who is the government agency tasked to investigate crimes?

CIDG? NBI? ISAFP? NPS?

Who is authorized to file criminal cases in court?

Powers and Functions

▪  Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

Refers to internal rules on investigation.

Powers and Functions

▪  Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection;

Who provides legal assistance to victims of human rights violations?

Private lawyers? IBP legal aid? PAO? NPS?

Powers and Functions

▪  Exercise visitorial powers over jails, prisons, or detention facilities;

Outside of visitorial hours, who can enter jails, prisons, or detention facilities?

Powers and Functions

▪  Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;

How many IECs have you attended which was sponsored/hosted/organized by the CHR?

Powers and Functions

▪  Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

What is the House of Representatives?

Powers and Functions

▪  Monitor the Philippine Government’s compliance with international treaty obligations on human rights;

Reportorial requirements are prepared by the CHR

Powers and Functions

▪  Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

How does one become a state witness?

Powers and Functions

▪  Request the assistance of any department, bureau, office, or agency in the performance of its functions;

What is public service?

Powers and Functions

▪  Appoint its officers and employees in accordance with law; and

Inherent administrative power of agencies except those exclusively reserved for the president

Powers and Functions

▪  Perform such other duties and functions as may be provided by law.

Residual powers