The Commission on

Human Rights
By: Jaron Christian R. Bedar, Ll.B
Our learning objectives

 1. Know the powers and

functions of CHR
 2. Composition of CHR
 3. Cases falling under CHR
 4. All about CHR
The Logo
CHR

 The Commission on Human Rights

(CHR) is an independent National
Human Rights Institution (NHRI)
created under the 1987 Philippine
Constitution, established on 05 May
1987 by virtue of Executive Order No.
163.
What CHR is all about?

 The Commission is mandated to conduct

investigations on human rights violations
against marginalized and vulnerable sectors of
the society, involving civil and political rights.
 CHR is an “A” accredited NHRI, fully complying with
the Paris Principles adopted by the United Nations
General Assembly in 1995. As an NHRI, the
Commission upholds six fundamental characteristics
— independence, pluralism, broad mandate,
transparency, accessibility, and operational efficiency.
 Vision, mission, mantra
 VISION
A just and humane Philippine society of persons equal in opportunity, living a
life of dignity, and forever vigilant against abuses and oppression.
 MISSION
As conscience of government and the people, we seek truth in human rights
issues and prevent incidence of human rights violations. As beacon of truth, we
make people aware of their rights, and guide government and society towards
actions that respect the rights of all, particularly those who cannot defend
themselves — the disadvantaged, marginalized, and vulnerable.
 MANTRA
CHR ng lahat: Naglilingkod maging sino ka man
 BRIEF HISTORY
 The CHR was created as a response to the atrocities
committed during Martial Law. When the 1987
Philippine Constitution was drafted, Article XIII on Social
Justice and Human Rights clearly defined the creation of the
Commission.
 “There is hereby created an independent office called
The Commission on Human Rights...(to) investigate, on
its own or on complaint by any party, all forms of human
rights violations involving civil and political rights ...”
(Sec. 17-18, Art. XIII, Philippine Constitution)
 “I, Corazon C. Aquino, President of the Philippines... do
hereby (declare) the Commission on Human Rights as
provided under Article XIII of the 1987 Constitution to be
now in existence...” (Executive Order No. 163)
 The 1987 Philippine Constitution primarily gave CHR
the mandate to protect and promote the rights
and dignity of every human being in the
country. The State values the dignity of every
human person and guarantees full respect for
human rights. (Sec. 11, Art. II, Philippine
Constitution)
 The Congress shall give highest priority to the
enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social,
economic and political inequalities, and remove
cultural inequalities by equitably diffusing wealth and
political power for the common good. (Sec. 1, Art. XIII,
Note that
 The Supreme Court of the
Philippines, in Cariño v.
Commission on Human
Rights, 204 SCRA 483
(1991), declared that the
Commission did not possess the
power of adjudication, and
emphasized that its functions were
Powers and Functions of the CHR

 1. Investigate, on its own or on complaint by any party, all

forms of human rights violations involving civil and political
rights
 2. Adopt its operational guidelines and rules of procedure, and
cite for contempt for violations thereof in accordance with the
Rules of Court
 3. 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 underprivileged whose
human rights have been violated or need protection
 4. Exercise visitorial powers over jails, prisons, or
detention facilities
 5. Establish a continuing program of research,
education, and information to enhance respect for the
primacy of human rights
 6. Recommend to Congress effective measures to
promote human rights and to provide for compensation
to victims of violations of human rights, or their families ;
 7. Monitor the Philippine Government's
compliance with international treaty obligations on
human rights
 8. 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;
 9. Request the assistance of any
department, bureau, office, or
agency in the performance of its
functions
 10.Appoint its officers and
employees in accordance with law
 11.Perform such other duties and
functions as may be provided by law
 Can the CHR ivestigate private
individuals?
 Statement of Atty. Jacquelyn De Guia (CHR spokesperson 2020)
 CHR’s mandate is to be a watchdog, monitor, advocate, and educator of the
government with respect to human rights rights. And just as the government has
the primary obligation for our human rights, CHR primarily investigates State
agents and representatives should they incur lapses and violations in their
responsibilities.
 However, there are cases when CHR investigates violations committed by private
individuals, particularly if the victims are part of those who we regard as
vulnerable sectors, such as women, children, and the elderly. In this sense, we
continue to regard our work in aid of the government’s mandate to protect the
vulnerable, disadvantaged, and marginalised, as well as in calling out non-State
actors for the violations they too may have committed.
 Even when CHR investigates, it is still upon the government to ensure that these
incidences of human rights abuses and violations are pursued in the interest of
administering justice for and on behalf of the victims from wrongful acts
perpetrated by non-State actors.
 Composition

 Composed of a Chairman and four

members who must be natural-born
citizens of the Philippines and a majority
of whom shall be members of the Bar.
The term of office and other
qualifications and disabilities of the
Members of the Commission shall be
provided by law.
Qualifications

 Qualifications for CHR chairperson are

as follows:
1.A natural-born citizen of the Philippines;
2.At least thirty-five years of age; and
3.Has not been a candidate for any elective
position preceding their appointment.
Current Members

Term of Member Position Expiration Appointing

Office of Term President
Richard Paat Chairperson May 05, 2029 PBBM
Palpal-latoc
6 Years
Beda Angeles
Epres
Faydah Maniri
Dumarpa Commissione
r
Monina
Arevalo
Zenarosa
 The power to appoint the Chairman
and members of the Commission is
vested in the President of the
Philippines, without need of
confirmation by the Commission on
Appointments.
Chr is not a court

 The Commission on Human Rights,

not being a court of justice, cannot
issue writs of injunction or a
restraining order against supposed
violators of human rights [EPZA v.
Commission on Human Rights, 208
SCRA 125].
Role

 The first idea is the principle that public office is public trust. State powers are granted
to state instrumentalities by the people only for the purpose of serving the people’s
interests and welfare. That’s a big complex discourse, but that is a fundamental
guiding thought that puts any state action subject to accountability for which the CHR
is one of the accountability bodies or mechanisms.
 the state is supposedly powerful. As defined, only the state has the monopoly of the
legitimate use of force. Because the state possesses immense power unique to it, its
abuse of power poses a grave threat to anyone and everything. This makes it crucial in
a democratic system to put checks on the exercise of power by the state to prevent
abuse or misuse of power.
 Of course, a powerful state is theoretical, especially in light of other very powerful
societal forces (such as terrorists, political dynasties, economic monopolies), but the
fact is that the state can legitimately use and control force and violence, while having
the public means and resources to do what it intends to. That is power that no other
entity has.
 The CHR plays an oversight role on the government’s compliance with
human rights. Its role is to check whether the different units of the
government are doing their job in upholding, advancing, and protecting the
rights of citizens.