Republic of the Philippines Incorporated).

In said notice, the respondents were given a

SUPREME COURT grace-period of three (3) days (up to 12 July 1990) within which to
Manila vacate the questioned premises of North EDSA.  Prior to their
1

receipt of the demolition notice, the private respondents were

EN BANC informed by petitioner Quimpo that their stalls should be removed
to give way to the "People's Park".  On 12 July 1990, the group,
2

led by their President Roque Fermo, filed a letter-complaint

(Pinag-samang Sinumpaang Salaysay) with the CHR against the
petitioners, asking the late CHR Chairman Mary Concepcion
G.R. No. 100150 January 5, 1994
Bautista for a letter to be addressed to then Mayor Brigido Simon,
Jr., of Quezon City to stop the demolition of the private
BRIGIDO R. SIMON, JR., CARLOS QUIMPO, CARLITO respondents' stalls, sari-sari stores, and carinderia along North
ABELARDO, AND GENEROSO OCAMPO, petitioners, EDSA. The complaint was docketed as CHR Case No. 90-
vs. 1580.  On 23 July 1990, the CHR issued an Order, directing the
3

COMMISSION ON HUMAN RIGHTS, ROQUE FERMO, AND petitioners "to desist from demolishing the stalls and shanties at
OTHERS AS JOHN DOES, respondents. North EDSA pending resolution of the vendors/squatters'
complaint before the Commission" and ordering said petitioners
The City Attorney for petitioners. to appear before the CHR. 4

The Solicitor General for public respondent. On the basis of the sworn statements submitted by the private
respondents on 31 July 1990, as well as CHR's own ocular
inspection, and convinced that on 28 July 1990 the petitioners
carried out the demolition of private respondents' stalls, sari-
VITUG, J.: sari stores and carinderia,  the CHR, in its resolution of 1 August
5

1990, ordered the disbursement of financial assistance of not

The extent of the authority and power of the Commission on more than P200,000.00 in favor of the private respondents to
Human Rights ("CHR") is again placed into focus in this petition purchase light housing materials and food under the
for prohibition, with prayer for a restraining order and preliminary Commission's supervision and again directed the petitioners to
injunction. The petitioners ask us to prohibit public respondent "desist from further demolition, with the warning that violation of
CHR from further hearing and investigating CHR Case No. 90- said order would lead to a citation for contempt and arrest."
6

1580, entitled "Fermo, et al. vs. Quimpo, et al."

A motion to dismiss,  dated 10 September 1990, questioned
7

The case all started when a "Demolition Notice," dated 9 July CHR's jurisdiction. The motion also averred, among other things,
1990, signed by Carlos Quimpo (one of the petitioners) in his that:
capacity as an Executive Officer of the Quezon City Integrated
Hawkers Management Council under the Office of the City Mayor, 1. this case came about due to the alleged
was sent to, and received by, the private respondents (being the violation by the (petitioners) of the Inter-Agency
officers and members of the North EDSA Vendors Association, Memorandum of Agreement whereby Metro-
 Manila Mayors agreed on a moratorium in the of violations of civil and political rights, and that "the rights
demolition of the dwellings of poor dwellers in allegedly violated in this case (were) not civil and political rights,
Metro-Manila; (but) their privilege to engage in business." 9

xxx xxx xxx On 21 September 1990, the motion to dismiss was heard and
submitted for resolution, along with the contempt charge that had
3. . . . , a perusal of the said Agreement meantime been filed by the private respondents, albeit vigorously
(revealed) that the moratorium referred to therein objected to by petitioners (on the ground that the motion to
refers to moratorium in the demolition of the dismiss was still then unresolved). 10

structures of poor dwellers;

In an Order,  dated 25 September 1990, the CHR cited the
11

4. that the complainants in this case (were) not petitioners in contempt for carrying out the demolition of the
poor dwellers but independent business stalls, sari-sari stores and carinderia despite the "order to desist",
entrepreneurs even this Honorable Office and it imposed a fine of P500.00 on each of them.
admitted in its resolution of 1 August 1990 that the
complainants are indeed, vendors; Clearly, the Commission on Human Rights under
its constitutional mandate had jurisdiction over the
5. that the complainants (were) occupying complaint filed by the squatters-vendors who
government land, particularly the sidewalk of complained of the gross violations of their human
EDSA corner North Avenue, Quezon City; . . . and and constitutional rights. The motion to dismiss
should be and is hereby DENIED for lack of
6. that the City Mayor of Quezon City (had) the merit.
13

sole and exclusive discretion and authority

whether or not a certain business establishment The CHR opined that "it was not the intention of the
(should) be allowed to operate within the (Constitutional) Commission to create only a paper tiger limited
jurisdiction of Quezon City, to revoke or cancel a only to investigating civil and political rights, but it (should) be
permit, if already issued, upon grounds clearly (considered) a quasi-judicial body with the power to provide
specified by law and ordinance. 8 appropriate legal measures for the protection of human rights of
all persons within the Philippines . . . ." It added:
During the 12 September 1990 hearing, the petitioners moved for
postponement, arguing that the motion to dismiss set for 21 The right to earn a living is a right essential to
September 1990 had yet to be resolved. The petitioners likewise one's right to development, to life and to dignity.
manifested that they would bring the case to the courts. All these brazenly and violently ignored and
trampled upon by respondents with little regard at
On 18 September 1990 a supplemental motion to dismiss was the same time for the basic rights of women and
filed by the petitioners, stating that the Commission's authority children, and their health, safety and welfare.
should be understood as being confined only to the investigation Their actions have psychologically scarred and
 traumatized the children, who were witness and The petition has merit.
exposed to such a violent demonstration of Man's
inhumanity to man. The Commission on Human Rights was created by the 1987
Constitution.  It was formally constituted by then President
19

In an Order,  dated 25 April 1991, petitioners' motion for

14
Corazon Aquino via Executive Order No. 163,  issued on 5 May
20

reconsideration was denied. 1987, in the exercise of her legislative power at the time. It
succeeded, but so superseded as well, the Presidential
Hence, this recourse. Committee on Human Rights. 21

The petition was initially dismissed in our resolution  of 25 June

15 The powers and functions  of the Commission are defined by the
22

1991; it was subsequently reinstated, however, in our 1987 Constitution, thus: to —

resolution  of 18 June 1991, in which we also issued a temporary
16

restraining order, directing the CHR to "CEASE and DESIST from (1) Investigate, on its own or on complaint by any
further hearing CHR No. 90-1580." 17
party, all forms of human rights violations
involving civil and political rights;
The petitioners pose the following:
(2) Adopt its operational guidelines and rules of
Whether or not the public respondent has jurisdiction: procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;
a) to investigate the alleged violations of the "business rights" of
the private respondents whose stalls were demolished by the (3) Provide appropriate legal measures for the
petitioners at the instance and authority given by the Mayor of protection of human rights of all persons within
Quezon City; the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures and
b) to impose the fine of P500.00 each on the petitioners; and legal aid services to the underprivileged whose
human rights have been violated or need
protection;
c) to disburse the amount of P200,000.00 as financial aid to the
vendors affected by the demolition.
(4) Exercise visitorial powers over jails, prisons, or
detention facilities;
In the Court's resolution of 10 October 1991, the Solicitor-General
was excused from filing his comment for public respondent CHR.
The latter thus filed its own comment,  through Hon. Samuel
18 (5) Establish a continuing program of research,
Soriano, one of its Commissioners. The Court also resolved to education, and information to enhance respect for
dispense with the comment of private respondent Roque Fermo, the primacy of human rights;
who had since failed to comply with the resolution, dated 18 July
1991, requiring such comment. (6) Recommend to the Congress effective
measures to promote human rights and to provide
 for compensation to victims of violations of human court or quasi-judicial agency in this country, or
rights, or their families; duplicate much less take over the functions of the
latter.
(7) Monitor the Philippine Government's
compliance with international treaty obligations on The most that may be conceded to the
human rights; Commission in the way of adjudicative power is
that it may investigate, i.e., receive evidence and
(8) Grant immunity from prosecution to any make findings of fact as regards claimed human
person whose testimony or whose possession of rights violations involving civil and political rights.
documents or other evidence is necessary or But fact finding is not adjudication, and cannot be
convenient to determine the truth in any likened to the judicial function of a court of justice,
investigation conducted by it or under its authority; or even a quasi-judicial agency or official. The
function of receiving evidence and ascertaining
(9) Request the assistance of any department, therefrom the facts of a controversy is not a
bureau, office, or agency in the performance of its judicial function, properly speaking. To be
functions; considered such, the faculty of receiving evidence
and making factual conclusions in a controversy
must be accompanied by the authority of applying
(10) Appoint its officers and employees in
the law to those factual conclusions to the end
accordance with law; and
that the controversy may be decided or
determined authoritatively, finally and definitively,
(11) Perform such other duties and functions as subject to such appeals or modes of review as
may be provided by law. may be provided by law. This function, to repeat,
the Commission does not have.
In its Order of 1 March 1991, denying petitioners' motion to
dismiss, the CHR theorizes that the intention of the members of After thus laying down at the outset the above rule, we now
the Constitutional Commission is to make CHR a quasi-judicial proceed to the other kernel of this controversy and, its is, to
body.  This view, however, has not heretofore been shared by
23
determine the extent of CHR's investigative power.
this Court. In Cariño v. Commission on Human Rights,  the Court,
24

through then Associate Justice, now Chief Justice Andres

It can hardly be disputed that the phrase "human rights" is so
Narvasa, has observed that it is "only the first of the enumerated
generic a term that any attempt to define it, albeit not a few have
powers and functions that bears any resemblance to adjudication
tried, could at best be described as inconclusive. Let us observe.
or adjudgment," but that resemblance can in no way be
In a symposium on human rights in the Philippines, sponsored by
synonymous to the adjudicatory power itself. The Court
the University of the Philippines in 1977, one of the questions that
explained:
has been propounded is "(w)hat do you understand by "human
rights?" The participants, representing different sectors of the
. . . (T)he Commission on Human Rights . . . was society, have given the following varied answers:
not meant by the fundamental law to be another
 Human rights are the basic rights which inhere in attributes of an individual, along with what is generally considered
man by virtue of his humanity. They are the same to be his inherent and inalienable rights, encompassing almost all
in all parts of the world, whether the Philippines or aspects of life.
England, Kenya or the Soviet Union, the United
States or Japan, Kenya or Indonesia . . . . Have these broad concepts been equally contemplated by the
framers of our 1986 Constitutional Commission in adopting the
Human rights include civil rights, such as the right specific provisions on human rights and in creating an
to life, liberty, and property; freedom of speech, of independent commission to safeguard these rights? It may of
the press, of religion, academic freedom, and the value to look back at the country's experience under the martial
rights of the accused to due process of law; law regime which may have, in fact, impelled the inclusions of
political rights, such as the right to elect public those provisions in our fundamental law. Many voices have been
officials, to be elected to public office, and to form heard. Among those voices, aptly represented perhaps of the
political associations and engage in politics; and sentiments expressed by others, comes from Mr. Justice J.B.L.
social rights, such as the right to an education, Reyes, a respected jurist and an advocate of civil liberties, who,
employment, and social services. 25
in his paper, entitled "Present State of Human Rights in the
Philippines,"  observes:
29

Human rights are the entitlement that inhere in the

individual person from the sheer fact of his But while the Constitution of 1935 and that of
humanity. . . . Because they are inherent, human 1973 enshrined in their Bill of Rights most of the
rights are not granted by the State but can only be human rights expressed in the International
recognized and protected by it. 26
Covenant, these rights became unavailable upon
the proclamation of Martial Law on 21 September
(Human rights include all) the civil, political, 1972. Arbitrary action then became the rule.
economic, social, and cultural rights defined in the Individuals by the thousands became subject to
Universal Declaration of Human Rights. 27 arrest upon suspicion, and were detained and
held for indefinite periods, sometimes for years,
Human rights are rights that pertain to man simply without charges, until ordered released by the
because he is human. They are part of his natural Commander-in-Chief or this representative. The
birth, right, innate and inalienable. 28 right to petition for the redress of grievances
became useless, since group actions were
forbidden. So were strikes. Press and other mass
The Universal Declaration of Human Rights, as well as, or more
media were subjected to censorship and short
specifically, the International Covenant on Economic, Social and
term licensing. Martial law brought with it the
Cultural Rights and International Covenant on Civil and Political
suspension of the writ of habeas corpus, and
Rights, suggests that the scope of human rights can be
judges lost independence and security of tenure,
understood to include those that relate to an individual's social,
except members of the Supreme Court. They
economic, cultural, political and civil relations. It thus seems to
were required to submit letters of resignation and
closely identify the term to the universally accepted traits and
were dismissed upon the acceptance thereof.
 Torture to extort confessions were practiced as the right against torture, the right to fair and public
declared by international bodies like Amnesty hearing, and so on. These are very specific rights
International and the International Commission of that are considered enshrined in many
Jurists. international documents and legal instruments as
constituting civil and political rights, and these are
Converging our attention to the records of the Constitutional precisely what we want to defend here.
Commission, we can see the following discussions during its 26
August 1986 deliberations: MR. BENGZON. So, would the commissioner say
civil and political rights as defined in the Universal
MR. GARCIA . . . , the primacy of its (CHR) task Declaration of Human Rights?
must be made clear in view of the importance of
human rights and also because civil and political MR. GARCIA. Yes, and as I have mentioned, the
rights have been determined by many International Covenant of Civil and Political Rights
international covenants and human rights distinguished this right against torture.
legislations in the Philippines, as well as the
Constitution, specifically the Bill of Rights and MR. BENGZON. So as to distinguish this from the
subsequent legislation. Otherwise, if we cover other rights that we have?
such a wide territory in area, we might diffuse its
impact and the precise nature of its task, hence, MR. GARCIA. Yes, because the other rights will
its effectivity would also be curtailed. encompass social and economic rights, and there
are other violations of rights of citizens which can
So, it is important to delienate the parameters of be addressed to the proper courts and authorities.
its tasks so that the commission can be most
effective. xxx xxx xxx

MR. BENGZON. That is precisely my difficulty MR. BENGZON. So, we will authorize the
because civil and political rights are very broad. commission to define its functions, and, therefore,
The Article on the Bill of Rights covers civil and in doing that the commission will be authorized to
political rights. Every single right of an individual take under its wings cases which perhaps
involves his civil right or his political right. So, heretofore or at this moment are under the
where do we draw the line? jurisdiction of the ordinary investigative and
prosecutorial agencies of the government. Am I
MR. GARCIA. Actually, these civil and political correct?
rights have been made clear in the language of
human rights advocates, as well as in the MR. GARCIA. No. We have already mentioned
Universal Declaration of Human Rights which earlier that we would like to define the specific
addresses a number of articles on the right to life, parameters which cover civil and political rights as
covered by the international standards governing So, I think we should really limit the definition of
the behavior of governments regarding the human rights to political rights. Is that the sense
particular political and civil rights of citizens, of the committee, so as not to confuse the issue?
especially of political detainees or prisoners. This
particular aspect we have experienced during MR. SARMIENTO. Yes, Madam President.
martial law which we would now like to safeguard.
MR. GARCIA. I would like to continue and
MR. BENGZON. Then, I go back to that question respond also to repeated points raised by the
that I had. Therefore, what we are really trying to previous speaker.
say is, perhaps, at the proper time we could
specify all those rights stated in the Universal There are actually six areas where this
Declaration of Human Rights and defined as Commission on Human Rights could act
human rights. Those are the rights that we effectively: 1) protection of rights of political
envision here? detainees; 2) treatment of prisoners and the
prevention of tortures; 3) fair and public trials; 4)
MR. GARCIA. Yes. In fact, they are also cases of disappearances; 5) salvagings and
enshrined in the Bill of Rights of our Constitution. hamletting; and 6) other crimes committed against
They are integral parts of that. the religious.

MR. BENGZON. Therefore, is the Gentleman xxx xxx xxx

saying that all the rights under the Bill of Rights
covered by human rights? The PRESIDENT. Commissioner Guingona is
recognized.
MR. GARCIA. No, only those that pertain to civil
and political rights. MR. GUINGONA. Thank You Madam President.

xxx xxx xxx I would like to start by saying that I agree with
Commissioner Garcia that we should, in order to
MR. RAMA. In connection with the discussion on make the proposed Commission more effective,
the scope of human rights, I would like to state delimit as much as possible, without prejudice to
that in the past regime, everytime we invoke the future expansion. The coverage of the concept
violation of human rights, the Marcos regime and jurisdictional area of the term "human rights".
came out with the defense that, as a matter of I was actually disturbed this morning when the
fact, they had defended the rights of people to reference was made without qualification to the
decent living, food, decent housing and a life rights embodied in the universal Declaration of
consistent with human dignity. Human Rights, although later on, this was
qualified to refer to civil and political rights purpose of including these in the proposed
contained therein. constitutional article, but to give the sense of the
Commission as to what human rights would be
If I remember correctly, Madam President, included, without prejudice to expansion later on,
Commissioner Garcia, after mentioning the if the need arises. For example, there was no
Universal Declaration of Human Rights of 1948, definite reply to the question of Commissioner
mentioned or linked the concept of human right Regalado as to whether the right to marry would
with other human rights specified in other be considered a civil or a social right. It is not a
convention which I do not remember. Am I civil right?
correct?
MR. GARCIA. Madam President, I have to repeat
MR. GARCIA. Is Commissioner Guingona the various specific civil and political rights that
referring to the Declaration of Torture of 1985? we felt must be envisioned initially by this
provision — freedom from political detention and
MR. GUINGONA. I do not know, but the arrest prevention of torture, right to fair and public
commissioner mentioned another. trials, as well as crimes involving disappearance,
salvagings, hamlettings and collective
violations. So, it is limited to politically related
MR. GARCIA. Madam President, the other one is
crimes precisely to protect the civil and political
the International Convention on Civil and Political
rights of a specific group of individuals, and
Rights of which we are signatory.
therefore, we are not opening it up to all of the
definite areas.
MR. GUINGONA. I see. The only problem is that,
although I have a copy of the Universal
MR. GUINGONA. Correct. Therefore, just for the
Declaration of Human Rights here, I do not have a
record, the Gentlemen is no longer linking his
copy of the other covenant mentioned. It is quite
concept or the concept of the Committee on
possible that there are rights specified in that
Human Rights with the so-called civil or political
other convention which may not be specified here.
rights as contained in the Universal Declaration of
I was wondering whether it would be wise to link
Human Rights.
our concept of human rights to general terms like
"convention," rather than specify the rights
contained in the convention. MR. GARCIA. When I mentioned earlier the
Universal Declaration of Human Rights, I was
referring to an international instrument.
As far as the Universal Declaration of Human
Rights is concerned, the Committee, before the
period of amendments, could specify to us which MR. GUINGONA. I know.
of these articles in the Declaration will fall within
the concept of civil and political rights, not for the
MR. GARCIA. But it does not mean that we will the cases involved are very delicate — torture,
refer to each and every specific article therein, but salvaging, picking up without any warrant of
only to those that pertain to the civil and politically arrest, massacre — and the persons who are
related, as we understand it in this Commission allegedly guilty are people in power like
on Human Rights. politicians, men in the military and big shots.
Therefore, this Human Rights Commission must
MR. GUINGONA. Madam President, I am not be independent.
even clear as to the distinction between civil and
social rights. I would like very much to emphasize how much
we need this commission, especially for the little
MR. GARCIA. There are two international Filipino, the little individual who needs this kind of
covenants: the International Covenant and Civil help and cannot get it. And I think we should
and Political Rights and the International concentrate only on civil and political violations
Covenant on Economic, Social and Cultural because if we open this to land, housing and
Rights. The second covenant contains all the health, we will have no place to go again and we
different rights-the rights of labor to organize, the will not receive any response. . . .  (emphasis
30

right to education, housing, shelter, et cetera. supplied)

MR. GUINGONA. So we are just limiting at the The final outcome, now written as Section 18, Article XIII, of the
moment the sense of the committee to those that 1987 Constitution, is a provision empowering the Commission on
the Gentlemen has specified. Human Rights to "investigate, on its own or on complaint by any
party, all forms of human rights violations involving civil and
MR. GARCIA. Yes, to civil and political rights. political rights" (Sec. 1).

MR. GUINGONA. Thank you. The term "civil rights,"  has been defined as referring —
31

xxx xxx xxx (t)o those (rights) that belong to every citizen of
the state or country, or, in wider sense, to all its
inhabitants, and are not connected with the
SR. TAN. Madam President, from the standpoint
organization or administration of the government.
of the victims of human rights, I cannot stress
They include the rights of property, marriage,
more on how much we need a Commission on
equal protection of the laws, freedom of contract,
Human Rights. . . .
etc. Or, as otherwise defined civil rights are rights
appertaining to a person by virtue of his
. . . human rights victims are usually penniless. citizenship in a state or community. Such term
They cannot pay and very few lawyers will accept may also refer, in its general sense, to rights
clients who do not pay. And so, they are the ones capable of being enforced or redressed in a civil
more abused and oppressed. Another reason is, action.
Also quite often mentioned are the guarantees against involuntary that a right which is claimed to have been violated is one that
servitude, religious persecution, unreasonable searches and cannot, in the first place, even be invoked, if it is, in fact, extant.
seizures, and imprisonment for debt. 32
Be that as it may, looking at the standards hereinabove
discoursed vis-a-vis the circumstances obtaining in this instance,
Political rights,  on the other hand, are said to refer to the right to
33 we are not prepared to conclude that the order for the demolition
participate, directly or indirectly, in the establishment or of the stalls, sari-sari stores and carinderia of the private
administration of government, the right of suffrage, the right to respondents can fall within the compartment of "human rights
hold public office, the right of petition and, in general, the rights violations involving civil and political rights" intended by the
appurtenant to citizenship vis-a-vis the management of Constitution.
government. 34

On its contempt powers, the CHR is constitutionally authorized to

Recalling the deliberations of the Constitutional Commission, "adopt its operational guidelines and rules of procedure, and cite
aforequoted, it is readily apparent that the delegates envisioned a for contempt for violations thereof in accordance with the Rules of
Commission on Human Rights that would focus its attention to Court." Accordingly, the CHR acted within its authority in
the more severe cases of human rights violations. Delegate providing in its revised rules, its power "to cite or hold any person
Garcia, for instance, mentioned such areas as the "(1) protection in direct or indirect contempt, and to impose the appropriate
of rights of political detainees, (2) treatment of prisoners and the penalties in accordance with the procedure and sanctions
prevention of tortures, (3) fair and public trials, (4) cases of provided for in the Rules of Court." That power to cite for
disappearances, (5) salvagings and hamletting, and (6) other contempt, however, should be understood to apply only to
crimes committed against the religious." While the enumeration violations of its adopted operational guidelines and rules of
has not likely been meant to have any preclusive effect, more procedure essential to carry out its investigatorial powers. To
than just expressing a statement of priority, it is, nonetheless, exemplify, the power to cite for contempt could be exercised
significant for the tone it has set. In any event, the delegates did against persons who refuse to cooperate with the said body, or
not apparently take comfort in peremptorily making a conclusive who unduly withhold relevant information, or who decline to honor
delineation of the CHR's scope of investigatorial jurisdiction. They summons, and the like, in pursuing its investigative work. The
have thus seen it fit to resolve, instead, that "Congress may "order to desist" (a semantic interplay for a restraining order) in
provide for other cases of violations of human rights that should the instance before us, however, is not investigatorial in character
fall within the authority of the Commission, taking into account its but prescinds from an adjudicative power that it does not
recommendation." 35 possess. In Export Processing Zone Authority vs. Commission on
Human Rights,  the Court, speaking through Madame Justice
36

In the particular case at hand, there is no cavil that what are Carolina Griño-Aquino, explained:
sought to be demolished are the stalls, sari-sari stores
and carinderia, as well as temporary shanties, erected by private The constitutional provision directing the CHR to
respondents on a land which is planned to be developed into a "provide for preventive measures and legal aid
"People's Park". More than that, the land adjoins the North EDSA services to the underprivileged whose human
of Quezon City which, this Court can take judicial notice of, is a rights have been violated or need protection" may
busy national highway. The consequent danger to life and limb is not be construed to confer jurisdiction on the
not thus to be likewise simply ignored. It is indeed paradoxical Commission to issue a restraining order or writ of
 injunction for, it that were the intention, the true that prohibition is a preventive remedy to restrain the doing of
Constitution would have expressly said so. an act about to be done, and not intended to provide a remedy for
"Jurisdiction is conferred only by the Constitution an act already accomplished.   Here, however, said Commission
38

or by law". It is never derived by implication. admittedly has yet to promulgate its resolution in CHR Case No.
90-1580. The instant petition has been intended, among other
Evidently, the "preventive measures and legal aid things, to also prevent CHR from precisely doing that. 39

services" mentioned in the Constitution refer to

extrajudicial and judicial remedies (including a writ WHEREFORE, the writ prayed for in this petition is GRANTED.
of preliminary injunction) which the CHR may The Commission on Human Rights is hereby prohibited from
seek from proper courts on behalf of the victims of further proceeding with CHR Case No. 90-1580 and from
human rights violations. Not being a court of implementing the P500.00 fine for contempt. The temporary
justice, the CHR itself has no jurisdiction to issue restraining order heretofore issued by this Court is made
the writ, for a writ of preliminary injunction may permanent. No costs.
only be issued "by the judge of any court in which
the action is pending [within his district], or by a SO ORDERED.
Justice of the Court of Appeals, or of the Supreme
Court. . . . A writ of preliminary injunction is an Narvasa, C.J., Cruz, Feliciano, Bidin, Regalado, Davide, Jr.,
ancillary remedy. It is available only in a pending Romero, Nocon, Bellosillo, Melo, Quiason and Puno, JJ., concur.
principal action, for the preservation or protection
of the rights and interests of a party thereto, and
 
for no other purpose." (footnotes omitted).
 
The Commission does have legal standing to indorse, for
appropriate action, its findings and recommendations to any
appropriate agency of government. 37  

The challenge on the CHR's disbursement of the amount of

P200,000.00 by way of financial aid to the vendors affected by
the demolition is not an appropriate issue in the instant petition.
Not only is there lack of locus standi on the part of the petitioners
to question the disbursement but, more importantly, the matter
lies with the appropriate administrative agencies concerned to
initially consider.

The public respondent explains that this petition for prohibition

filed by the petitioners has become moot and academic since the
case before it (CHR Case No. 90-1580) has already been fully
heard, and that the matter is merely awaiting final resolution. It is