chr and napolcom_group report

8/22/2019 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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