Commission on Human Rights (Philippines)


The Commission on Human Rights is an independent constitutional office created under the 1987 Constitution of the Philippines, with the primary function of investigating all forms of human rights violations involving civil and political rights in the Philippines.
The Commission is composed of a Chairperson and four members. Commissioners hold a term of office of seven years without reappointment. The Philippine Constitution requires that a majority of the Commission’s members must be lawyers. As a National Human Rights Institution, the Commission enjoys Status A accreditation by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights.

History

After the ratification of the 1987 Philippine Constitution on February 2, 1987, which provides for the establishment of a Commission on Human Rights, President Corazon Aquino, signed Executive Order No. 163 on May 5, 1987, creating the Commission on Human Rights and abolished the Presidential Committee on Human Rights. The Commission was created as an independent office mandated to investigate complaints of human rights violations, promote the protection of, respect for and the enhancements of the people's human rights including civil and political rights.

Duterte administration

On July 24, 2017 during his State of the Nation Address, Philippine president Rodrigo Duterte said that the commission was "better abolished." The CHR responded in a statement that only a change to the 1987 Constitution could possibly abolish it.
On the evening of September 12, 2017, the House of Representatives of the Philippines voted 119–32 to give the CHR a budget of only for the entire year of 2018, which, if made law, would effectively abolish the commission. The commission had reportedly asked Congress for a budget of, and it condemned the vote., the budget had not been finalized and was still subject to further amendment before approval by the Senate of the Philippines and by the President. If the Senate rejects the proposed CHR budget, such action will trigger a bicameral committee made of members of both houses to resolve the dispute. On September 25, the House approved by a vote of 223–9 a P3.8-trillion final budget for 2018, which included P508.5 million for the CHR.

Mandates and functions

The Commission derives its mandates from the Constitution, relevant domestic laws, and the eight core International Human Rights Instruments to which the Philippines is a State Party, as well as other United Nations Human Rights Conventions newly enforced.
Under Section 18, Article XIII of the Philippine Constitution, the Commission's sole duty is to protect the civil and political rights of citizens in the Philippines.
Based on the Philippine Constitution, the Commission has a broad mandate, which can be categorized into three major functional areas:
The Supreme Court of the Philippines, in Cariño v. Commission on Human Rights, 204 SCRA 483, declared that the Commission did not possess the power of adjudication, and emphasized that its functions were primarily investigatory.
The Commission on Human Rights have the following powers and functions:
  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 under-privileged 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

    Composition

The chairperson and commissioners of the commission have fixed seven-year terms, with Gascon serving as the commission's chairperson until May 5, 2022.
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.
CommissionChairpersonCommissionersFromToAppointed by
1stMary Concepcion BautistaAbelardo L. Aportadera, jr.
Samuel M. Soriano
Hesiquio R. Mallillin
Narciso C. Monteiro		19871992Corazon Aquino
1stSedfrey A. OrdoñezSamuel M. Soriano
Hesiquio R. Mallillin
Narciso C. Monteiro
Paulyn P. Sicam		19921995Fidel V. Ramos
2ndSedfrey A. Ordoñez-19921995Fidel V. Ramos
2ndAurora P. Navarette-ReciñaJorge R. Coquia
Vicente P. Sibulo
Mercedes V. Contreras
Nasser A. Marohomsalic		19962002Fidel V. Ramos
3rdAurora P. Navarette-Reciña-19962002Fidel V. Ramos
3rdPurificacion QuisumbingEligio P. Mallari
Dominador N. Calamba II
Wilhem D. Soriano
Malik G. Marandang
Quintin B. Cueto III		2002May 2008Gloria Macapagal-Arroyo
4thLeila de LimaCecilia Rachel V. Quisumbing
Victoria V. Cardona
Norberto Dela Cruz
Jose Manuel S. Mamauag		May 2008June 30, 2010Gloria Macapagal-Arroyo
4thEtta RosalesCecilia Rachel V. Quisumbing
Victoria V. Cardona
Norberto Dela Cruz
Jose Manuel S. Mamauag		September 1, 2010May 5, 2015Benigno Aquino III
5thChito GasconKaren Lucia Gomez-Dumpit
Gwendolyn Pimentel-Gana
Leah Tanodra-Armamento
Roberto Eugenio Cadiz		June 18, 2015IncumbentBenigno Aquino III

Controversies

Tenure of Chairperson and Commissioners

In a Press briefing on July 27, 2017, Presidential Spokesperson Ernesto Abella claimed that the CHR Chairperson and its commissioners "serve at the pleasure of the president" and that they may be replaced at the President's pleasure. This claim was based on the Executive Order No. 163-A that amended the Section 2, Sub-Paragraph (c of Executive Order No.163, stating that "The Chairman and Members of the Commission on Human Rights shall beappointed by the President. Their tenure in office shall be at the pleasure of the President."
However, the said executive order was questioned in the Supreme Court in the case: Bautista v. Salonga, G.R. No. 86439 on April 13, 1989; leading to the declaration of the said executive order as unconstitutional. Taking a quote from the said Supreme Court ruling, "Indeed, the Court finds it extremely difficult to conceptualize how an office conceived and created by the Constitution to be independent as the Commission on Human Rights-and vested with the delicate and vital functions of investigating violations of human rights, pinpointing responsibility and recommending sanctions as well as remedial measures therefor, can truly function with independence and effectiveness, when the tenure in office of its Chairman and Members is made dependent on the pleasure of the President. Executive Order No. 163-A, being antithetical to the constitutional mandate of independence for the Commission on Human Rights has to be declared unconstitutional."

CHR as a Constitutional Office

Under the Article IX of the 1987 Constitution, three constitutional commissions were established namely: the Commission on Elections, the Civil Service Commission, and the Commission on Audit. The Commission on Human Rights, on the other hand, was created under the Article XIII, Section 17 of the 1987 constitution and the Administrative Code of 1987.
In a Resolution of the Supreme Court contained in G.R. No. 155336, it ruled that the CHR is a.."constitutional body enjoying limited fiscal autonomy..."