chr and napolcom_group report
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The Commission originated from the Presidential
Committee on Human Rights established in 1986 by
President Corazon Aquino, which was chaired by
former Senator Jose Diokno and former Supreme
Court Associate Justice J.B.L. Reyes. A separate
Commission on Human Rights was established upon
the promulgation of the 1987 Constitution.
http://en.wikipedia.org/wiki/Corazon_Aquinohttp://en.wikipedia.org/wiki/Senate_of_the_Philippineshttp://en.wikipedia.org/wiki/Jose_Dioknohttp://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Associate_Justice_of_the_Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/J.B.L._Reyeshttp://en.wikipedia.org/wiki/J.B.L._Reyeshttp://en.wikipedia.org/wiki/J.B.L._Reyeshttp://en.wikipedia.org/wiki/J.B.L._Reyeshttp://en.wikipedia.org/wiki/J.B.L._Reyeshttp://en.wikipedia.org/wiki/J.B.L._Reyeshttp://en.wikipedia.org/wiki/J.B.L._Reyeshttp://en.wikipedia.org/wiki/J.B.L._Reyeshttp://en.wikipedia.org/wiki/J.B.L._Reyeshttp://en.wikipedia.org/wiki/Associate_Justice_of_the_Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Associate_Justice_of_the_Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Associate_Justice_of_the_Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Jose_Dioknohttp://en.wikipedia.org/wiki/Jose_Dioknohttp://en.wikipedia.org/wiki/Jose_Dioknohttp://en.wikipedia.org/wiki/Senate_of_the_Philippineshttp://en.wikipedia.org/wiki/Corazon_Aquinohttp://en.wikipedia.org/wiki/Corazon_Aquinohttp://en.wikipedia.org/wiki/Corazon_Aquino -
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1. There is hereby created an independent office called the
Commission on HumanRights.
2. The Commission shall be 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.
SECTION 17
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Former Posi t ions:
Chair Emeritus, AKBAYAN Citizens Action Party
Co-chair, Philippine Coalition for the International Criminal CourtPresident, Institute for Political and Electoral Reform (IPER)
Chair, Claimants 1081
Chair, First Quarter Storm Foundation
Honorary Chair, TEACHERS, Inc.
Vice-President, Freedom from Debt Coalition (FDC)
Current Member, Philippine Working Group, ASEAN Human
Rights Mechanism Council Member, The Asian Federation Against Involuntary
Disappearances (AFAD)
Current Senior Advisor, ASEAN Inter-ParliamentariansMyanmar Caucus (AIPMC)
Educat ion:
Bachelor of Science, Foreign Service, University of thePhilippines;
Master of Arts, Asian Studies, Universityof the Philippines
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Prev ious Occupat ions:
Deputy Minister, Office of the President of the Philippines
Executive Director, Presidential Human Rights Committee(February 2007 May 2008)
Adviser, Philippine Mission to the United Nations, New York(2005-2007)
Deputy to the Chairman, Global Conference on Building aSustainable Peace
Columnist, Manila Times (2006)
Project Consultant, Philippine Commission on Human Rights(2002)
Educat ion:
Masters in International Affairs, School of International andPublic Affairs, Columbia University (2005)
Executive MBA, Golden Gate University (1998) Bachelor of Laws, University of the Philippines College of
Law (1993)
Bachelor of Arts in Political Science, University of thePhilippines (1986)
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WorkExper ience:
Disbursing Officer (1968-1972), Champion Feed Mills,
Incorporated
Purchasing Officer (1972-1974), Manila Veneer and Plywood
CorporationExecutive officer (1972-1977), Super Island Timber Development
Corporation
Vice-President for Legal affairs (1978-1982), World Marine and
Development Corporation
Education
Elementary : University of Santo Tomas
High school : University of Santo Tomas
College : Bachelor of Arts in Political Science, University of
Santo TomasBachelor of Laws : University of Santo Tomas ,Passed the
Philippine Bar Examination of November 1977
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The last member of the 4th Commission appointed
BA Political Science - Mindanao State University-Iligan Institute of Technology
Law Degree - University of the East, College ofLaw .
Masters in National Security Administration (MNSA)- National Defense College of the Philippines .
Former Parole Officer of the Board of Pardons ofthe Department of Justice, until his transfer to the
CHR in 1990, and rose from the ranks: LegalOfficer; Senior Legal Officer; Officer in charge ofCHR Sub-Office and eventually CHR RegionalDirector for Western Mindanao for 16 years.
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Appointed as a Commissioner of the Commission onHuman Rights of the Philippines on June 5, 2008.
Former Executive Director of the Juvenile Justice andWelfare Council and the Humanitarian Legal AssistanceFoundation, both bodies which protect and promote therights of persons in detention, with special focus onchildren in conflict with the law.
Part-time lecturer at the Ateneo de Manila UniversitySchool of Law.
Juris Doctor - Ateneo de Manila University School ofLaw in 1998.
Master of Laws in Human Rights - Queen Mary, Universityof London in 2002 as a British Chevening Scholar.
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4. The approved annual appropriations of the
Commission shall be automatically and
regularlyreleased.
SECTION 17
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Is the CHR a Constitutional Commission?
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Article IX, 1987 Constitution states in nouncertain terms that only the CSC, theCommission on Elections, and the Commission
on Audit shall be tagged as ConstitutionalCommissions with the appurtenant right to fiscalautonomy. Thus:
Sec. 1. The Constitutional Commissions, which
shall be independent, are the Civil ServiceCommission, the Commission on Elections,and the Commission on Audit.
Sec. 5. The Commission shall enjoy fiscal
autonomy. Their approved annual appropriationsshall be automatically and regularly released.
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Administrative Code, in Chapter 5, Sections 24 and 26 of Book IIon Distribution of Powers of Government, the constitutionalcommissions shall include only the Civil Service Commission, theCommission on Elections, and the Commission on Audit, whichare granted independence and fiscal autonomy. In contrast,
Chapter 5, Section 29 thereof, is silent on the grant of similarpowers to the other bodies including the CHR. Thus:
SEC. 24. Constitutional Commissions. The ConstitutionalCommissions, which shall be independent, are the Civil ServiceCommission, the Commission on Elections, and the
Commission on Audit.
SEC. 26. Fiscal Autonomy. The Constitutional Commissionsshall enjoy fiscal autonomy. The approved annualappropriations shall be automatically and regularly released.
SEC. 29. Other Bodies. There shall be in accordance with theConstitution, an Office of the Ombudsman, a Commission onHuman Rights, and independent central monetary authority, anda national police commission. Likewise, as provided in theConstitution, Congress may establish an independent economicand planning agency.
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From the 1987 Constitution and theAdministrative Code, it is abundantly clear thatthe CHR is not among the class of
Constitutional Commissions.
Nor is there any legal basis to support thecontention that the CHR enjoys fiscal autonomy.In essence, fiscal autonomy entails freedomfrom outside control and limitations, other thanthose provided by law. It is the freedom toallocate and utilize funds granted by law, inaccordance with law, and pursuant to the
wisdom and dispatch its needs may requirefrom time to time.
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All told, the CHR, although admittedly aconstitutional creation is, nonetheless,
not included in the genus of offices
accorded fiscal autonomy byconstitutional or legislative fiat.
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1. Investigate, on its own or on complaint by any party, all forms ofhuman 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 havebeen violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention
facilities;
5. Establish a continuing program of research, education, and
SECTION 18
The Commission on Human Rights shall have the following powers
and functions:
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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 isnecessary 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; and
11.Perform such other duties and functions as may be provided by
law.
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SECTION 19.
The Congress may provide for other cases of violations of
human rights that should fall within the authority of the Commission,
taking into account its recommendations.
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Under Section 18, Article XIII of the Philippine Constitution, the
Commission is empowered to investigate all forms of human
rights violations involving civil and political rights, adopt rules of
procedure and issue contempt citations, provide appropriatelegal measures for the protection of human rights of all persons
within the Philippines, and several other powers in relation to
the protection of human rights.
The Supreme Court of the Philippines, in Cario 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 primarily investigatory.
INVESTIGATIVE FUNCTION:
http://en.wikipedia.org/wiki/Contempt_of_courthttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Adjudicationhttp://en.wikipedia.org/wiki/Adjudicationhttp://en.wikipedia.org/wiki/Adjudicationhttp://en.wikipedia.org/wiki/Adjudicationhttp://en.wikipedia.org/wiki/Adjudicationhttp://en.wikipedia.org/wiki/Adjudicationhttp://en.wikipedia.org/wiki/Adjudicationhttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Case_citationhttp://en.wikipedia.org/wiki/Contempt_of_courthttp://en.wikipedia.org/wiki/Contempt_of_courthttp://en.wikipedia.org/wiki/Contempt_of_court -
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Some 800 public school teachers undertook
mass concerted actions
The Secretary of Education served them with anorder to return to work within 24 hours or face
dismissal.
For failure to heed the return-to-work order, eightteachers at the Ramon Magsaysay High School
were administratively charged, preventively
suspended for 90 days and temporarily replaced.
FACTS:
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Dismissal from the service of Esber and the
suspension for 9 months of Babaran, Budoy and del
Castillo.
Case was filed with RTC, raising the issue of
violation of the right of the striking teachers to due
process of law. The case was eventually elevated to
SC.
Respondent teachers submitted sworn statements
to CHR to complain that while they were
participating in peaceful mass actions, they suddenly
learned of their replacement as teachers, allegedly
FACTS:
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SC promulgated its resolution over the cases filed
with it earlier, upholding the Sec. Carinos act of
issuing the return-to-work orders.
CHR continued hearing its case and held that the
striking teachers were denied due process of
law;they should not have been replaced without a
chance to reply to the administrative charges; therehad been violation of their civil and political rights
which the Commission is empowered to investigate.
FACTS:
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WON CHR has JURISDICTION to try and
hear the issues involved.
ISSUE:
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SC declared that CHR to have no such power; andthat it was not meant by the fundamental law to be
another court or quasi-judicial agency.
The most that may be conceded to CHR in theway ofadjudicativepoweris that it may
investigate, i.e., receive evidence and make
findings of fact as regards claimed human rights
violations.
HELD:
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The Constitution clearly and categorically grants tothe Commission the power to investigate all forms
of human rights violations involving civil and political
rights.
It can exercise that power on its own initiative or on
complaint of any person.
POWER TO INVESTIGATE
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But it cannot try and decide cases (or hear and
determine causes) as courts of justice, or even
quasi-judicial bodies do. To investigate is not to
adjudicate or adjudge.
POWER TO INVESTIGATE
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These are matters within the original jurisdiction of the
Sec. of Education, being within the scope of the
disciplinary powers granted to him under the Civil
Service Law, and also, within the appellate jurisdiction
of the CSC.
WHO HAS POWER TO ADJUDICATE
?
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Art. XVI, Section 6, 1987 Constitution
The State shall establish and maintain one police force,
which shall be national in scope and civilian in character,to be administered and controlled by a national police
commission. The authority of local executives over the
police units in their jurisdiction shall be provided by law.
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The National Police Commission is the agency
mandated by the 1987 Constitution and the Major Police
Reform Laws, Republic Act Nos. 6975 and 8551 to
administer and control the Philippine National Police.Under R.A. 8551, otherwise known as the "PNP
REFORM AND ORGANIZATION ACT OF 1988" the
Commission gained the powers to investigate police
anomalies and irregularities, administerpolice entrance
and promotional examination and summarily dismisserring police officers.
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Commission Proper
The Napolcom as a collegial body is composed of
an ex-officio chairperson, four (4) regular
Commissioners, and the Chief, PNP as ex-officio
member, one of whom is designated by the President
as the vice-chairperson. The DILG Secretary is the ex-
officio chairperson, while the vice-chairperson is the
executive officer of the Commission.
The ex-officio chairperson and four (4)
Commissioners constitute the Commission Proper
which serves as the governing body thereof.
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Disciplinary Appellate Board
The Commission has a formal administrative
disciplinary appellate machinery consisting of
the National Appellate Board (NAB), and the
Regional Appellate Boards (RABs).
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National Appellate Board
Decides cases on appeal from decisions
rendered by the Director General of thePhilippine National Police (PNP), where the
penalty imposed is demotion in rank or
dismissal from service.
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Regional Appellate Boards
a. Decide/resolve with finality all cases
on appeal from decisions of the PLEBs and
PNP Regional Directors when the penalty is
forced resignation, demotion in rank or
dismissal and those of Mayors in cases falling
within their respective jurisdictions.
b. Decide appeals from decisions of the
Regional Directors on claims for police benefits.
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Commission Proper
The Napolcom as a collegial body iscomposed of an ex-officio chairperson, four(4) regular Commissioners, and the Chief,PNP as ex-officio member, one of whom isdesignated by the President as the vice-
chairperson. The DILG Secretary is the ex-officio chairperson, while the vice-chairperson is the executive officer of theCommission.
The ex-officio chairperson and four (4)Commissioners constitute the CommissionProper which serves as the governing bodythereof.
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COMMISSION PROPER NAME
Chairman MANUEL A. ROXAS II
Vice Chairman and Executive Officer EDUARDO U. ESCUETA
Commissioner ALEJANDRO S. URRO
Commissioner CONSTANCIA P. DE GUZMAN, Ph.D
Commissioner LUISITO T. PALMERA
Ex-Officio Commissioner ALAN LA MADRID PURISIMA
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A. Exercise administrative control and operational
supervision over the Philippine National Police
(PNP) which shall mean the power to:
1. Develop policies and promulgate a police
manual prescribing rules and regulations for efficient
organization, administration, and operation, including
criteria for manpower allocation distribution and
deployment, recruitment, selection, promotion, and
retirement of personnel and the conduct of qualifying
entrance and promotional examinations for uniformed
members;
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2. Examine and audit, and thereafter establish
standards for such purposes on a continuing basis, the
performance, activities, and facilities of all police
agencies throughout the country;
3. Establish a system of uniform crime reporting;
4. Conduct an annual self-report surveys andcompile statistical data for accurate assessment of the
crime situation and the proper evaluation of the
efficiency and effectiveness of all police units in the
country.
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5. Approve or modify plans and programs on
education and training, logistical requirements,
communications, records, information systems, crime
laboratory, crime prevention and crime reporting;
6. Affirm, reverse or modify, through the National
Appellate Board, personnel administrative actions
involving the demotion or dismissal from the serviceimposed upon members of the Philippine National
Police by the Chief of the Philippine National Police;
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7. Exercise appellate jurisdiction through the
Regional Appellate Boards, over administrative cases
against policemen and over decisions on claims for
police benefits;
8. Prescribe minimum standards for arms,
equipment, and uniforms and, after consultation with
the Philippine Heraldry Commission, for insignia ofranks, awards, medals of honor;
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9. Issue subpoena and subpoena duces tecum in
matters pertaining to the discharge of its own powers
and duties, and designate who among its personnel can
issue processes and administer oaths in connection
therewith;
10. Inspect and assess the compliance of the PNP
on the established criteria for manpower allocation,distribution and deployment and their impact on the
community and the crime situation, and thereafter
formulate appropriate guidelines for maximization of
resources and effective utilization of the PNP
personnel;
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11. Monitor the performance of the local chief
executives as deputies of the Commission; and
12. Monitor and investigate police anomalies and
irregularities.
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B. Advise the President on all matters involving
police functions and administration;
C. Render to the President and to Congress anannual report of its activities and
accomplishments during the thirty (30) days
after the end of the calendar year, which shall
include an appraisal of the conditions obtaining
in the organization and administration of police
agencies in the municipalities, cities and
provinces throughout the country, and
recommendations for appropriate remedial
legislations;
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D. Recommend to the President, through the
Secretary, within sixty (60) days before the
commencement of each calendar year, a crime
prevention program; and
E. Perform such other functions necessary to carry
out the provisions of R.A. 6975, as amended,
other existing laws and Presidential issuances,
and as the President may direct.
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