Professional Documents
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Re-Examining The Philippine Commission On Human Rights
Re-Examining The Philippine Commission On Human Rights
Philippine Commission
on Human Rights
Magno, Emely R.
MLQU SCHOOL OF LAW
SUBMITTED TO:
“The rights of every man are diminished when the rights of one man are
moral guarantees that pertain to man because of his humanity. It is a system of values or
elements which are inherent to human dignity. Human person possesses rights because
of the very fact that it is a person, a whole, master of itself and of its acts and which
consequently is not merely a reason to an end but an end which must be treated as such.
It is a connection between a human person and his possession of his rights - any human
society if it is to be well ordered and productive must lay down as a foundation the
principle that ever human being is a person, and that his nature is endowed with
intelligence and full will.1 The foundation of international human rights law is the Universal
Declaration of Human Rights. It was adopted in 1948 which inspired a rich body of legally
and in our efforts towards achieving universal enjoyment of human rights. It represents
the universal recognition that basic rights and fundamental freedoms are inherent to all
human beings, inalienable and equally applicable to everyone, and that every one of us
is born free and equal in dignity and rights regardless of nationality, place of residence,
gender, national or ethnic origin, colour, religion, language, or any other status2.
1
Sarmiento, 2014.Human Rights Law, Human rights Culture. Rex Printing Co., Inc.
2
https://www.un.org/en/sections/universal-declaration/foundation-international-human-rights-
law/index.html#:~:text=They%20set%20forth%20everyday%20rights
1
The Philippines is a party to these international treaties. As a party State, it
assumes obligations and duties under international law to respect, to protect and to fulfill
human rights. The obligation to respect means that States must refrain from interfering
with or curtailing the enjoyment of human rights. The obligation to protect requires States
to protect individuals and groups against human rights abuses. The obligation to fulfill
means that States must take positive action to facilitate the enjoyment of basic human
rights.3
domestic measures and legislation compatible with their treaty obligations and duties.
Thus, the domestic legal system provides the principal legal protection of human rights
guaranteed under international law. Where domestic legal proceedings fail to address
human rights abuses, mechanisms and procedures for individual and group complaints
are available at the regional and international levels to help ensure that international
human rights standards are indeed respected, implemented, and enforced at the local
level.4
In response to the atrocities committed during the Martial Law under the Marcos
regime, the Commission on Human Rights was created and imbued in the 1987
Constitution under Article XIII, Sec 17 on Social Justice and Human Rights during
3
Ibid.
4
Ibid.
2
gave CHR the mandate to protect and promote the rights and dignity of every human
being in the country. By virtue of Executive Order No. 163, the Commission on Human
Rights (CHR) was created on May 5, 1987 as an independent National Human Rights
rights violations against marginalized and vulnerable sectors of the society, involving civil
In its decree to deliver prompt, responsive, accessible, and excellent public service
for the protection and promotion of human rights in accordance with universal human
rights principles and standards, the Commission is empowered to investigate, on its own
or on complaint by any party, all forms of human rights violations involving civil and
political rights; to adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court; to 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 under-privileged whose human rights have been violated or need
enhance respect for the primacy of human rights; recommends to Congress effective
compliance with international treaty obligations on human rights; grants immunity from
5
http://chr.gov.ph/about-us/
3
evidence is necessary or convenient to determine the truth in any investigation conducted
by it or under its authority; request the assistance of any department, bureau, office, or
agency in the performance of its functions; appoint its officers and employees in
accordance with law; and perform such other duties and functions as may be provided by
law.6
Based on its 2016 Annual Report, the Commission received a total of 6,775
requests for protection services that includes investigation of complaints and legal
assistance. The Commission resolved 1,179 cases that include cases filed in previous
years based on the results of investigation. Of this number, 461 were settled for filing and
were served by the Commission whereby 390 beneficiaries received financial assistance
that reached Php1,581,000. The total amount was distributed as survivor’s benefits,
medical assistance, and rehabilitation assistance wherein recipients are mostly persons
deprived of liberty (PDLs). Further, the Commission employed forensic procedures in 156
6
https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-book-vtitle-iisubtitle-a-commission-on-
human-rights/
7
(http://chr.gov.ph/wp-content/uploads/2019/06/CHR-ANNUAL-REPORT-2016
4
instances to include exhumation/autopsies, medico-legal examinations and medical
more than 10,000 inmates of which 8,914 were provided legal assistance, in the exercise
of its visitorial powers. It also issued a total of 2,216 human rights clearances/
certifications to uniformed personnel and other government employees who were certified
9
with no pending case of human rights violations.
The Commission, through the combined efforts of the central and regional offices,
priority sectors, such as the vulnerable groups, personnel in uniform, the general public,
information and education activities were conducted by all regions covering 198
dissemination activities covering various topics and relevant laws implementing the Child
Against Women (CEDAW) particularly on domestic laws – Magna Carta of Women; Anti
Law; Trafficking in Persons and Others in 2016. Substantial and conventional human
rights events were also commemorated with the holding of appropriate activities to
8
Ibid.
9
I
5
advance national consciousness on the significance of human rights. Also, the
Commission released human rights media statements and materials disseminated to the
public to demonstrate its stand on various human rights issues and concerns. Among the
statements issued are the following: On the Special Invitation of the Philippines to the
Supreme Court Decision Regarding the Burial of the Remains of Ferdinand E. Marcos at
the Libingan ng mga Bayani; On the Death of Albuera Mayor Rolando Espinosa; CHR
condemns violent dispersal, will conduct investigation (Rally in front of the US Embassy);
On the Senate’s Inquiry on Extra Judicial Killings (EJKs); Uphold Women’s Rights, Stop
the Showing of alleged “sex video”; CHR Releases Kidapawan Report; On the beheading
of Canadians Robert Hall and John Ridsdel by the Abu Sayyaf bandit group; On Rape –
joke case; and On the Alleged Irregularities in the Arrest of Lowell Menorca II. The
In its mandate to recommend and provide appropriate and effective measures for
the promotion and protection of human rights, the Commission issued and disseminated
policy issuances in the form of advisories, position papers, resolutions and memoranda,
10
Ibid.
11
Ibid.
6
Human Rights Policy Advisories
The Commission issued the following human rights advisories to the government
agencies and institutions on its stand on national as well as local issues and concerns
3. Advisory on NHRIs for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI)
Discriminate CHR;
5. Gender Ombud Advisory - Uphold Women’s Rights, Stop the Showing of Alleged
Sex Video;
The Commission monitored the proposed measures by the Legislature with the
aim of ensuring compliance and consistency with human rights obligations, norms and
12
Ibid.
7
standards as part of its advisory services. In 2016, the Commission issued
Rights;
2. Position Paper on the Proposed Bill on Lowering of the Minimum Age of Criminal
Responsibility (MACR);
1. Resolution Adopting the CHR Memorandum for the Supreme Court on the CHR’s
Position on the Planned Burial of Former President Marcos at the Libingan ng Mga
Bayani;
2. CHR Memorandum for the Supreme Court as Amicus Curiae to the petition of
City; and
13
Ibid
8
Magna Carta of Women.14
Also, the Commission released to the general public through the media its
statements to raise public awareness and mold public opinion on specific human rights
2. CHR Calls for zero Tolerance on VAW: Challenge Leaders not to be Perpetrators but
6. Statement on the beheading of Canadians Robert Hall and John Ridsdel by the Abu
Sayyaf;
7. Statement on the Use of Persons with Disability (PWD) Identification Card for the
14
Ibid.
9
13. Statement on the Senate’s Inquiry on EJKs;
15. Statement of the Supreme Court decision regarding the burial of the remains of
16. Statement on the Burial of the Remains of Ferdinand E. Marcos at the Libingan ng
17. Statement on the creation of a Presidential Task Force against Media Killings. 15
To supplement the reports of the government on the human rights situation in the
country as well as present the Commission’s own assessment, independent reports were
also submitted to the human rights bodies of the United Nations, to wit:
(CAT);
5. Comments and Recommendations on the Philippine Report for Habitat III; and
6. Report on the Role of CHR as Gender Ombud presented to the Committee on Status
of Women.16
15
Ibid
16
Ibid.
10
Human Rights Situation Reports
Furthermore, the Commission also issued reports which tackled various thematic
issues and concerns that depicted the human rights conditions in the different parts of the
country, as follows:
In addition, the Commission built partnerships with other government agencies and
institutions, as follows: MOA between COMELEC and CHR in relation to the 2016
National and Local Elections; CHR and UP Women’s Lawyers Circle (WILOCI) in relation
Region 1 and PNP-PRO1 on the investigation and monitoring of cases involving children
and women (EJK and other sensational cases); MOU with UP Clark on the establishment
of Center for Human Rights Education; 3-year Human Rights Development Plan with
17
Ibid.
11
Philippines-Australia Human Resource and Organizational Development Facility
containing the Petition for the Issuance of a Moratorium to Oil Palm Plantation Expansion
in the Province of Palawan as a result of the workshop conducted with the members of
other residents.18
standards its core, support and management processes under the technical guidance of
the Development Academy of the Philippines (DAP). These are the following:
Investigation and Case Management; Jail Visitation; Human Rights Promotion; Human
Rights Policy Advisory Services; and Management and Support processes. The four (4)
(PWD) Identification Card for the Availment of Privileges and Incentives in Public
Transportation;
Bill; developed a Primer on the Rights of the Persons with Disabilities distributed during
18
Ibid.
19
Ibid.
12
the celebration of the National Disability Prevention Week, with the theme “Karapatan ng
3. Launching of “The Global Appeal to End Stigma and Discrimination Against Persons
Affected by Leprosy”;
4. Lecture on the Rights of Children with Disability and orientation for persons with
disabilities held during the 38th National Disability Prevention and Rehabilitation Week;
Celebration “Angels Walk for Autism”, with the theme “Onwards to an Autism – OK,
acceptance and understanding by the general public of people with autism in society to
to all concerned agencies of government for them to be aware of the present conditions
of the senior citizens in the country and to improve the programs to address the needs
The CHR also promotes and protects women’s human rights through the
for women and girl-children to other agencies and institutions, among others. In particular,
20
Ibid.
13
the CHR developed the Gender Ombud Guidelines which operationalizes its role as
Discriminate CHR; Gender Ombud Advisory - Uphold Women’s Rights, Stop the
4. Position Paper on the Proposed Bill on Lowering of the Minimum Age of Criminal
Responsibility (MACR);
Uphold Women’s Rights, Stop the Showing of Alleged “Sex Video”; Comments on
10. CHR Intervention Presented during the 64th CEDAW Session; and
14
11. Monitoring Report on the Implementation of Section 27 of the IRR of the Magna
Carta of Women: Public and Private Schools with Programs to Prevent Violence
Against Women.21
Moreover, the Commission works with other government agencies and relevant
of Discrimination Against Women (CEDAW) and the Magna Carta of Women (MCW).22
using the improved Martus-based Executive Information System (MAREIS) for various
protection services received by each regional office including those taken on by the
Commission on its own (motu proprio and investigative monitoring) without the need for
a formal complaint.23
Based on the reports of the 6,775 complaints/ requests, 77% came from walk-in
complainants while 18% were motu proprio, 4% from investigative monitoring and three
(3) complaints were referred by the Barangay Human Rights Action Officers (BHRAO).
Mindanao region contributed 40% (2,689) of the total complaints/ requests documented,
followed by Luzon with 37% (2,539) and Visayas with 23% (1,547). At the regional level,
Region VII recorded the highest number of complaints/ requests documented with 914.
Other regions with high number of complaints/ requests received are regions IX and XII
21
Ibid.
22
Ibid.
23
Ibid.
15
with 836 each, while CAR and CARAGA registered the lowest number with 127 and 161,
respectively.24
The Commission was able to generate a total of 1,612 HRV complaints based on
the data from MAREIS, classified according to specific rights. The table below shows the
various rights violated under civil and political rights, economic, social and cultural rights,
disaggregated as follows:25
Source:(http://chr.gov.ph/wp-content/uploads/2019/06/CHR-ANNUAL-REPORT-2016)
The Commission recorded a total of 2,806 victims and/ or complainants for the
entire year. Most of the victims or complainants reported were male with 1,591
representing 57% of the total number of victims, while there were 38% or 1,062 female
victims or complainants. 26
24
Ibid.
25
Ibid
26
Ibid.
16
Source:(http://chr.gov.ph/wp-content/uploads/2019/06/CHR-ANNUAL-REPORT-2016)
Extra-Judicial Killings
The total number of EJKs for the year 2016 based on the monitoring being
conducted by the Legal Office, is 530 cases with 674 victims. Out of the 530 cases, 509
were alleged EJK drug-related, with 608 victims. Of all the Regions, Region III has
Torture Cases
A total of 51 cases of torture happened during the period involving 72 victims. Out
of the 51 cases, five (5) do not have formal complaints and legal assistance / counselling
were provided. Region IV reported the most number of victims with 15.28
Gender-Based Violations
involving 623 victims. Highly widespread complaints are violence against women and
27
Ibid,
28
Ibid.
17
children, child abuse, discrimination, psychological/emotional/physical abuse,
documented a total of 46 complaints/ cases with 49 victims involving LGBT. Of the total
On this year, there were a total number of 531 complaints/ cases involving children
with 653 victims including requests for assistance. Most complaints recorded were child
The Commission likewise resolved 1,179 cases which include cases filed in
previous years, and those settled by the regional offices. 55% of the resolved cases were
1. Resolution on the Motu Proprio Investigation on the Killing of Victor “Vic” R. Siman
29
Ibid.
30
Ibid.
31
Ibid.
32
Ibid.
18
2. Resolution on the Letter-Complaint Against Davao City Mayor Rodrigo Roa
Duterte for Violations of Republic Act 9710, Otherwise Known as “Magna Carta of
on April 1, 201633
Persons Assisted
The Commission, in this year, provided various human rights assistance to a total
of 18,358 victims of human rights violations and their families through legal services and
financial aid. In addition, 390 beneficiaries received financial assistance amounting to Php
1,581,000. The total amount was distributed as survivor’s benefits, medical assistance,
A total of 1,580 jail visitations were done by the commission all over the country
during this year, covering a total of 10,282 inmates of which 8,487 were male and 1,795
were female. Regions XII, IX, X, IV, I and III recorded the highest number of jail visitations
conducted. The Commission representative is tasked to observe the jail and prison
condition in accordance with the international and national human rights standards for the
treatment of prisoners, provide legal aid and counseling, and make recommendations to
proper authorities on its findings. In the same year, the Commission offered 8,914 legal
assistances to persons deprived of their liberty; although Region III is ranked 6th in the
33
Ibid.
34
Ibid.
19
number of jail visitation, it provided more than 28% (2,523) of the total number of
Financial Assistance
Financial assistance worth PhP 1,581,000 has been distributed by the Commission
to victims of human rights violation. The amount was provided to 390 claimants who were
either individual victims themselves or their families. The highest number of claims
amounting to 1,001,000 or 63% of the total amount granted for the period were extended
to Region IX. 36
Forensic Services
The CHR Forensic Office examined physical evidences collected from the scene
human rights violations. During this year, the Office conducted 27 exhumations/autopsies,
A total of 2,161 human rights clearances have been issued by the Commission to
rights violations. 56 uniformed personnel were found to have pending cases of human
35
Ibid.
36
Ibid.
37
Ibid.
38
Ibid.
20
Conclusion/ Recommendations
Based on the reports, the Commission on Human Rights resolved only less than
20% from the total received human rights protection complaints in 2016. Few of these
human rights victims received minimal financial assistance from the government. The
Commission’s drive towards educating the public of their basic human rights and the
promote awareness to more people in the country. Its extensive multi-sectoral advisories
in the media opened the eyes of the public in the human rights atmosphere in the society.
Reports likewise reveal that civil rights are on top of the most abused rights in the
country. The most affected areas are the male portion of the population which may be
Torture cases also heightens as well as abuses across ages and gender.
awareness shall continue to awaken the public on the real score in the society. Public
awareness will lead to proper selection of leaders who will have proper approach in
21