Realizing the “toothless tiger” nature and image of the Commission on Human Rights (CHR), Senate Bill No. 1437 has been filed by Sen. Francis Escudero to strengthen its powers and jurisdiction.
In his explanatory note, Sen. Escudero noted the discouraging pronouncement of the Philippine Supreme Court in the case of Curio us. Commission on Human Rights (CHR) (GR No. 96681, 02 December 1991) categorized the CHR as a “toothless tiger”. The CHR is “neither a judicial nor a quasi-judicial body”. It can only extend “preventive measures, such as initiating applications in court for judicial writs and orders, conduct investigation and receive evidence of violations of human rights, among others”.
He added that the above ruling was reiterated in the more recent case of Simon, et. al. v. CHR, et. al. (GR No. 100150, 05 January 1994) which revisited the powers and functions of the CHR vis-à-vis the implementation of Republic Act No. 7279, otherwise known as the Urban Development and Housing Act (UDHA) of 1992. The case defined the parameters of the CHR’s jurisdiction which is limited only to political and civil rights. It enumerated the cases over which the CHR can exercise jurisdiction without, however, regarding them as having preclusive effect but merely a matter of priority setting.
The Escudero bill seeks to make categorical the state policy that the CHR can exercise jurisdiction over “cultural, economic and social rights”. It seeks to afford in general the CHR the unequivocal authority to step into cases involving “rights excluded from the definition and scope of political and civil rights”. It is meant in particular to erase all doubts brought about by the issue of whether or not the CHR can take cognizance of cases of under UDHA.
The prosecutorial power being sought to be granted under the bill is meant to equip the CHR a significant power to realize its mandate under Article XI11 of the Constitution. The proponent stated that it was unacceptable to forever regard CHR as a toothless or paper tiger if it is a State policy to secure, protect and guarantee the dignity of its citizens and to ensure the fulfillment of such citizens’ human rights.
Moreover, the grant of prosecutorial powers will decrease the burden of the National Prosecution Service of the Department of Justice (DOJ) and further enhance specialization in the investigation and prosecution of human rights violation cases, he added.
The policy that guides the bill is the constitutional policy that mandates that the human dignity of every person and the full recognition, respect, protection and fulfillment of human rights as the means for ensuring the security of its people shall be valued and guaranteed and the State has to formulate and adopt new measures on human rights to further secure its people from pervasive threats meant to attack not only civil and political rights.
“Human rights” for purposes of the bill means rights found in Article I11 of the Constitution and those duly affirmed and recognized by the Republic of the Philippines in the following legal instruments: International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1995); Convention on the Rights of the Child (1990); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987); International Covenant on Civil and Political Rights (1986); Convention on the Elimination of All Forms of Discrimination against Women (1981); International Covenant on Economic, Social and Cultural Rights (1974); and International Convention on the Elimination of All Forms of Racial Discrimination (1967). It shall also refer to the rights duly affirmed and recognized in the Comprehensive Agreement on the Respect for Human Rights and International Humanitarian Law (CARHRIM,) and the rights recognized in the Universal Declaration of Human Rights (1948).
“Human rights violations” under the bill means and includes civil, political economic, social and cultural rights as found and enunciated in the legal instruments and constitutional provisions enumerated above and all such other similar instruments and laws.
The bill expressly provides that the jurisdiction of the Commission on Human Rights (CHR) shall include “civil, political, economic, social and cultural rights”.
It provides that in the exercise of its jurisdiction and in addition to its investigative powers, the CHR shall be given “prosecutorial powers similar to that of the National Prosecution Service (NPS) of the Department of Justice (DOJ) over all cases involving human rights violation cases”. As such, “all human rights violation cases shall now fall under the exclusive jurisdiction of the CHR”.
It creates the Office of the Human Rights Prosecutor which shall have the following powers and functions as the prosecuting arm of the CIIR:
1) Conduct preliminary investigation of all human rights violation cases for the determination of the existence of probable cause;
2) Prosecute, once there is finding of probable cause, human rights violation cases in court;
3) Provide legal services to victims of human rights violations; and
4) Perform such other functions and duties as may be assigned to it by the CHR.
The Office of the Human Rights Prosecutor shall be headed by a Chief Human Rights Prosecutor with the rank and emoluments similar to that of the Chief State Prosecutor in the DOJ who shall be appointed by the President upon nomination by the majority of the Commissioners of the CHR, and a member of the Philippine Bar, and have been engaged in the practice of Iaw for at least five (5) years at the time of his/her appointment.
Addendum:
The 2007 summit on extrajudicial killing inspired Sen. Jinggoy Estrada to file Senate Bill No. 429, which seeks the creation of a Commission on Missing Persons, with the following functions:
1. to conduct investigations of missing persons whose whereabouts are unknown, upon its initiative or upon the request of an interested party;
2. to evaluate and render corresponding reports on each of the cases and make recommendations to the party requesting the search, or to the DSWD for temporary shelter and assistance;
3. to continuously review and evaluate Detective Operations to achieve specification of detective assignments as a measure of the accomplishment of investigation teams;
4. to initiate policies and programs towards an effective communication system to aid the search of missing persons;
5. to devise a system of raising the consciousness of the people and for them to inform the Commission of persons who are found loitering about in public places, tramping or wandering about aimlessly;
6. to call upon different agencies, government and nongovernmental organizations, for assistance and service as it may require in the discharge of its responsibilities;
The Commission shall be composed of the Chairman of the Human Rights Commission as Chairman, the Director General of the Philippine National Police, the Director of the National Bureau of Investigation, Chairman of National Police Commission and the Secretary of Social Welfare and Development as members and two (2) representatives from the private sector whose advocacy is on human rights.
The Commission shall have the power to make arrests, searches and seizures in accordance with existing laws and rules and shall likewise have the power to issue subpoena or subpoena duces tecum for the appearance of any persons for investigation.
