"Fortunately, after the historic February 1986 peaceful revolution which saw the ouster of the Marcos dictatorship and the restoration of freedom and democracy in our beloved land, President Corazon C. Aquino immediately moved to restore fundamental democratic structures and processes. One such step, among many, was the creation on March 18, 1986 of the Presidential Committee On Human Rights (PCHR) 21 with Diokno himself as chairman to affirm "the new governments commitment to "uphold and respect the people's civil liberties and human rights,'" and "the United Nations General Assembly's Resolution of 14 December 1984, encouraging all member states to take steps for the establishment or, where they already exist, the strengthening of national institutions for protection of human rights," 22 and was primarily charged with the investigation, among others, of "complaints it may receive, cases known to it or to its members, and such cases as the President may, from time to time assign to it, of unexplained or forced disappearances (extra-judicial killings, salvaging, massacres, torture, hamletting, food blockades) and other violations of human rights, past or present, committed by officers or agents of the national government or persons acting in their place or stead or under their orders, express or implied."
More, the 1987 Constitution which was overwhelmingly ratified on February 2,1987 expressly mandated the creation of the Commission on Human Rights as an independent office 23 in place of a mere Presidential Committee. The Constitution vested the Commission on Human Rights with broader powers than its predecessor committee, such as to investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights; to exercise visitorial powers over jails, prisons, or detention facilities; to establish a continuing program of research, education, and information to enhance respect for the primacy of human rights; to recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, on their families; to monitor the government's compliance with international treaty, obligations on human rights and 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. On May 5, 1987, President Corazon C. Aquino issued Executive Order No. 163 declaring the effectivity of the creation of the Commission On Human Rights as provided for in the 1987 Constitution. This case (as well as all other cases, past and present) may therefore be properly referred to said Commission for a full and thorough investigation and determination of the facts and circumstances surrounding the disappearance of Eduardo Dizon and Isabel Ramos and of the related grave charges of petitioners against the respondents and the other officers above-named.
ACCORDINGLY, the Court Resolved to refer this case to the Commission on Human Rights for investigation and appropriate action as may be warranted by its findings, and to furnish the Court with a report of the outcome of its investigation and action taken thereon. This Resolution is immediately executory."
EN BANC
G.R. No. L-59118, March 3, 1988
JUAN DIZON AND SOLEDAD RAMOS, petitioners,
vs.
BRIG. GEN. VICENTE EDUARDO AND COL. TEDDY CARIAN, respondents.
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