Simon v. CHR
Simon v. CHR
and carinderia along North EDSA. The complaint was docketed as CHR Case No. 90-
1580. On 23 July 1990, the CHR issued an Order, directing the petitioners "to desist
3
from demolishing the stalls and shanties at North EDSA pending resolution of the During the 12 September 1990 hearing, the petitioners moved for postponement,
vendors/squatters' complaint before the Commission" and ordering said petitioners to arguing that the motion to dismiss set for 21 September 1990 had yet to be resolved.
appear before the CHR. 4
The petitioners likewise manifested that they would bring the case to the courts.
On the basis of the sworn statements submitted by the private respondents on 31 July On 18 September 1990 a supplemental motion to dismiss was filed by the petitioners,
1990, as well as CHR's own ocular inspection, and convinced that on 28 July 1990 the stating that the Commission's authority should be understood as being confined only to
petitioners carried out the demolition of private respondents' stalls, sari-sari stores the investigation of violations of civil and political rights, and that "the rights allegedly
and carinderia, the CHR, in its resolution of 1 August 1990, ordered the disbursement
5
violated in this case (were) not civil and political rights, (but) their privilege to engage in
of financial assistance of not more than P200,000.00 in favor of the private business." 9
respondents to purchase light housing materials and food under the Commission's
supervision and again directed the petitioners to "desist from further demolition, with On 21 September 1990, the motion to dismiss was heard and submitted for resolution,
the warning that violation of said order would lead to a citation for contempt and along with the contempt charge that had meantime been filed by the private
arrest." 6 respondents, albeit vigorously objected to by petitioners (on the ground that the motion
to dismiss was still then unresolved). 10
motion also averred, among other things, that: In an Order, dated 25 September 1990, the CHR cited the petitioners in contempt for
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carrying out the demolition of the stalls, sari-sari stores and carinderia despite the
1. this case came about due to the alleged violation by the "order to desist", and it imposed a fine of P500.00 on each of them.
(petitioners) of the Inter-Agency Memorandum of Agreement whereby
On 1 March 1991, the CHR issued an Order, denying petitioners' motion to dismiss
12
In the Court's resolution of 10 October 1991, the Solicitor-General was excused from
and supplemental motion to dismiss, in this wise: filing his comment for public respondent CHR. The latter thus filed its own
comment, through Hon. Samuel Soriano, one of its Commissioners. The Court also
18
Clearly, the Commission on Human Rights under its constitutional resolved to dispense with the comment of private respondent Roque Fermo, who had
mandate had jurisdiction over the complaint filed by the squatters- since failed to comply with the resolution, dated 18 July 1991, requiring such comment.
vendors who complained of the gross violations of their human and
constitutional rights. The motion to dismiss should be and is hereby The petition has merit.
DENIED for lack of merit. 13
(should) be (considered) a quasi-judicial body with the power to provide appropriate legislative power at the time. It succeeded, but so superseded as well, the Presidential
legal measures for the protection of human rights of all persons within the Committee on Human Rights. 21
The petitioners pose the following: (5) Establish a continuing program of research, education, and
information to enhance respect for the primacy of human rights;
Whether or not the public respondent has jurisdiction:
(6) Recommend to the Congress effective measures to promote
a) to investigate the alleged violations of the "business rights" of the private human rights and to provide for compensation to victims of violations
respondents whose stalls were demolished by the petitioners at the instance and of human rights, or their families;
authority given by the Mayor of Quezon City;
(7) Monitor the Philippine Government's compliance with international
b) to impose the fine of P500.00 each on the petitioners; and treaty obligations on human rights;
c) to disburse the amount of P200,000.00 as financial aid to the vendors affected by (8) Grant immunity from prosecution to any person whose testimony
the demolition. or whose possession of documents or other evidence is necessary or
convenient to determine the truth in any investigation conducted by it sponsored by the University of the Philippines in 1977, one of the questions that has
or under its authority; been propounded is "(w)hat do you understand by "human rights?" The participants,
representing different sectors of the society, have given the following varied answers:
(9) Request the assistance of any department, bureau, office, or
agency in the performance of its functions; Human rights are the basic rights which inhere in man by virtue of his
humanity. They are the same in all parts of the world, whether the
(10) Appoint its officers and employees in accordance with law; and Philippines or England, Kenya or the Soviet Union, the United States
or Japan, Kenya or Indonesia . . . .
(11) Perform such other duties and functions as may be provided by
law. Human rights include civil rights, such as the right to life, liberty, and
property; freedom of speech, of the press, of religion, academic
freedom, and the rights of the accused to due process of law; political
In its Order of 1 March 1991, denying petitioners' motion to dismiss, the CHR theorizes rights, such as the right to elect public officials, to be elected to public
that the intention of the members of the Constitutional Commission is to make CHR a office, and to form political associations and engage in politics; and
quasi-judicial body. This view, however, has not heretofore been shared by this Court.
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social rights, such as the right to an education, employment, and
In Cario v. Commission on Human Rights, the Court, through then Associate Justice,
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social services. 25
now Chief Justice Andres Narvasa, has observed that it is "only the first of the
enumerated powers and functions that bears any resemblance to adjudication or
adjudgment," but that resemblance can in no way be synonymous to the adjudicatory Human rights are the entitlement that inhere in the individual person
power itself. The Court explained: from the sheer fact of his humanity. . . . Because they are inherent,
human rights are not granted by the State but can only be recognized
and protected by it. 26
So, I think we should really limit the definition of human rights to MR. GUINGONA. I see. The only problem is that, although I have a
political rights. Is that the sense of the committee, so as not to copy of the Universal Declaration of Human Rights here, I do not have
confuse the issue? a copy of the other covenant mentioned. It is quite possible that there
are rights specified in that other convention which may not be
MR. SARMIENTO. Yes, Madam President. specified here. I was wondering whether it would be wise to link our
concept of human rights to general terms like "convention," rather
MR. GARCIA. I would like to continue and respond also to repeated than specify the rights contained in the convention.
points raised by the previous speaker.
As far as the Universal Declaration of Human Rights is concerned, the
There are actually six areas where this Commission on Human Rights Committee, before the period of amendments, could specify to us
could act effectively: 1) protection of rights of political detainees; 2) which of these articles in the Declaration will fall within the concept of
treatment of prisoners and the prevention of tortures; 3) fair and civil and political rights, not for the purpose of including these in the
public trials; 4) cases of disappearances; 5) salvagings and proposed constitutional article, but to give the sense of the
hamletting; and 6) other crimes committed against the religious. Commission as to what human rights would be included, without
prejudice to expansion later on, if the need arises. For example, there
was no definite reply to the question of Commissioner Regalado as to
xxx xxx xxx whether the right to marry would be considered a civil or a social right.
It is not a civil right?
The PRESIDENT. Commissioner Guingona is recognized.
MR. GARCIA. Madam President, I have to repeat the various specific
MR. GUINGONA. Thank You Madam President. civil and political rights that we felt must be envisioned initially by this
provision freedom from political detention and arrest prevention of
I would like to start by saying that I agree with Commissioner Garcia torture, right to fair and public trials, as well as crimes involving
that we should, in order to make the proposed Commission more disappearance, salvagings, hamlettings and collective violations. So,
effective, delimit as much as possible, without prejudice to future it is limited to politically related crimes precisely to protect the civil and
expansion. The coverage of the concept and jurisdictional area of the political rights of a specific group of individuals, and therefore, we are
term "human rights". I was actually disturbed this morning when the not opening it up to all of the definite areas.
reference was made without qualification to the rights embodied in the
universal Declaration of Human Rights, although later on, this was MR. GUINGONA. Correct. Therefore, just for the record, the
qualified to refer to civil and political rights contained therein. Gentlemen is no longer linking his concept or the concept of the
Committee on Human Rights with the so-called civil or political rights
If I remember correctly, Madam President, Commissioner Garcia, as contained in the Universal Declaration of Human Rights.
after mentioning the Universal Declaration of Human Rights of 1948,
mentioned or linked the concept of human right with other human MR. GARCIA. When I mentioned earlier the Universal Declaration of
rights specified in other convention which I do not remember. Am I Human Rights, I was referring to an international instrument.
correct?
MR. GUINGONA. I know. The final outcome, now written as Section 18, Article XIII, of the 1987 Constitution, is a
provision empowering the Commission on Human Rights to "investigate, on its own or
MR. GARCIA. But it does not mean that we will refer to each and on complaint by any party, all forms of human rights violations involving civil and
every specific article therein, but only to those that pertain to the civil political rights" (Sec. 1).
and politically related, as we understand it in this Commission on
Human Rights. The term "civil rights," has been defined as referring
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MR. GUINGONA. Madam President, I am not even clear as to the (t)o those (rights) that belong to every citizen of the state or country,
distinction between civil and social rights. or, in wider sense, to all its inhabitants, and are not connected with
the organization or administration of the government. They include the
MR. GARCIA. There are two international covenants: the International rights of property, marriage, equal protection of the laws, freedom of
Covenant and Civil and Political Rights and the International contract, etc. Or, as otherwise defined civil rights are rights
Covenant on Economic, Social and Cultural Rights. The second appertaining to a person by virtue of his citizenship in a state or
covenant contains all the different rights-the rights of labor to community. Such term may also refer, in its general sense, to rights
organize, the right to education, housing, shelter, et cetera. capable of being enforced or redressed in a civil action.
MR. GUINGONA. So we are just limiting at the moment the sense of Also quite often mentioned are the guarantees against involuntary servitude, religious
the committee to those that the Gentlemen has specified. persecution, unreasonable searches and seizures, and imprisonment for debt. 32
MR. GARCIA. Yes, to civil and political rights. Political rights, on the other hand, are said to refer to the right to participate, directly or
33
xxx xxx xxx Recalling the deliberations of the Constitutional Commission, aforequoted, it is readily
apparent that the delegates envisioned a Commission on Human Rights that would
SR. TAN. Madam President, from the standpoint of the victims of focus its attention to the more severe cases of human rights violations. Delegate
human rights, I cannot stress more on how much we need a Garcia, for instance, mentioned such areas as the "(1) protection of rights of political
Commission on Human Rights. . . . detainees, (2) treatment of prisoners and the prevention of tortures, (3) fair and public
trials, (4) cases of disappearances, (5) salvagings and hamletting, and (6) other crimes
. . . human rights victims are usually penniless. They cannot pay and committed against the religious." While the enumeration has not likely been meant to
very few lawyers will accept clients who do not pay. And so, they are have any preclusive effect, more than just expressing a statement of priority, it is,
the ones more abused and oppressed. Another reason is, the cases nonetheless, significant for the tone it has set. In any event, the delegates did not
involved are very delicate torture, salvaging, picking up without any apparently take comfort in peremptorily making a conclusive delineation of the CHR's
warrant of arrest, massacre and the persons who are allegedly scope of investigatorial jurisdiction. They have thus seen it fit to resolve, instead, that
guilty are people in power like politicians, men in the military and big "Congress may provide for other cases of violations of human rights that should fall
shots. Therefore, this Human Rights Commission must be within the authority of the Commission, taking into account its recommendation." 35
independent.
In the particular case at hand, there is no cavil that what are sought to be demolished
I would like very much to emphasize how much we need this are the stalls, sari-sari stores and carinderia, as well as temporary shanties, erected by
commission, especially for the little Filipino, the little individual who private respondents on a land which is planned to be developed into a "People's Park".
needs this kind of help and cannot get it. And I think we should More than that, the land adjoins the North EDSA of Quezon City which, this Court can
concentrate only on civil and political violations because if we open take judicial notice of, is a busy national highway. The consequent danger to life and
this to land, housing and health, we will have no place to go again limb is not thus to be likewise simply ignored. It is indeed paradoxical that a right which
and we will not receive any response. . . . (emphasis supplied)
30 is claimed to have been violated is one that cannot, in the first place, even be invoked,
if it is, in fact, extant. Be that as it may, looking at the standards hereinabove
discoursed vis-a-vis the circumstances obtaining in this instance, we are not prepared The challenge on the CHR's disbursement of the amount of P200,000.00 by way of
to conclude that the order for the demolition of the stalls, sari-sari stores financial aid to the vendors affected by the demolition is not an appropriate issue in the
and carinderia of the private respondents can fall within the compartment of "human instant petition. Not only is there lack of locus standi on the part of the petitioners to
rights violations involving civil and political rights" intended by the Constitution. question the disbursement but, more importantly, the matter lies with the appropriate
administrative agencies concerned to initially consider.
On its contempt powers, the CHR is constitutionally authorized to "adopt its operational
guidelines and rules of procedure, and cite for contempt for violations thereof in The public respondent explains that this petition for prohibition filed by the petitioners
accordance with the Rules of Court." Accordingly, the CHR acted within its authority in has become moot and academic since the case before it (CHR Case No. 90-1580) has
providing in its revised rules, its power "to cite or hold any person in direct or indirect already been fully heard, and that the matter is merely awaiting final resolution. It is
contempt, and to impose the appropriate penalties in accordance with the procedure true that prohibition is a preventive remedy to restrain the doing of an act about to be
and sanctions provided for in the Rules of Court." That power to cite for contempt, done, and not intended to provide a remedy for an act already accomplished. Here, 38
however, should be understood to apply only to violations of its adopted operational however, said Commission admittedly has yet to promulgate its resolution in CHR
guidelines and rules of procedure essential to carry out its investigatorial powers. To Case No. 90-1580. The instant petition has been intended, among other things, to also
exemplify, the power to cite for contempt could be exercised against persons who prevent CHR from precisely doing that. 39
refuse to cooperate with the said body, or who unduly withhold relevant information, or
who decline to honor summons, and the like, in pursuing its investigative work. The WHEREFORE, the writ prayed for in this petition is GRANTED. The Commission on
"order to desist" (a semantic interplay for a restraining order) in the instance before us, Human Rights is hereby prohibited from further proceeding with CHR Case No. 90-
however, is not investigatorial in character but prescinds from an adjudicative power 1580 and from implementing the P500.00 fine for contempt. The temporary restraining
that it does not possess. In Export Processing Zone Authority vs. Commission on order heretofore issued by this Court is made permanent. No costs.
Human Rights, the Court, speaking through Madame Justice Carolina Grio-Aquino,
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explained:
SO ORDERED.
The constitutional provision directing the CHR to "provide for
preventive measures and legal aid services to the underprivileged
whose human rights have been violated or need protection" may not
be construed to confer jurisdiction on the Commission to issue a
restraining order or writ of injunction for, it that were the intention, the
Constitution would have expressly said so. "Jurisdiction is conferred
only by the Constitution or by law". It is never derived by implication.
The Commission does have legal standing to indorse, for appropriate action, its
findings and recommendations to any appropriate agency of government. 37