Republic of the PhilippinesSUPREME COURTManilaEN BANC G.R. No. 100150 January 5, 1994BRIGIDO R. SIMON, JR., CARLOS UIMPO, CARLITO ABELARDO, AND GENEROSO OCAMPO, petitioners, vs.COMMISSION ON !UMAN RIG!TS, ROUE "ERMO, AND OT!ERS AS JO!N DOES, respondents.The City Attorney for petitioners.The Solicitor General for public respondent. #ITUG, J.:The extent of the authority and poer of the Co!!ission on "u!an Ri#hts $%C"R%& is a#ain placed into focus in thispetition for prohibition, ith prayer for a restrainin# order and preli!inary in'unction. The petitioners as( us to prohibit public respondent C"R fro! further hearin# and investi#atin# C"R Case No. )*+,-.*, entitled %/er!o, et al. vs. 0ui!po, et al.%The case all started hen a %1e!olition Notice,% dated ) 2uly ,))*, si#ned by Carlos 0ui!po $one of the petitioners& in his capacity as an Executive 3fficer of the 0ue4on City 5nte#rated "a(ers Mana#e!ent Council under the 3ffice of the City Mayor, as sent to, and received by, the private respondents $bein# the officers and !e!bers of the North E16A 7endors Association, 5ncorporated&. 5n said notice, the respondents ere #iven a #race+period of three $8& days $up to ,9 2uly ,))*& ithin hich to vacate the :uestioned pre!ises of North E16A. 1 Prior to their receipt of the de!olition notice, the private respondents ere infor!ed by petitioner 0ui!po that their stalls should be re!oved to #ive ay to the %People;s Par(%. $ 3n ,9 2uly ,))*, the #roup, led by their President Ro:ue /er!o, filed a letter+co!plaint $Pinag-samang Sinumpaang Salaysay& ith the C"R a#ainst the petitioners, as(in#the late C"R Chair!an Mary Concepcion Bautista for a letter to be addressed to then Mayor Bri#ido 6i!on, 2r., of 0ue4on City to stop the de!olition of the private respondents; stalls, sari-sari stores, and carinderia alon# North E16A. The co!plaint as doc(eted as C"R Case No. )*+,-.*. % 3n 98 2uly ,))*, the C"R issued an 3rder, directin# the petitioners %to desist fro! de!olishin# the stalls and shanties at North E16A pendin# resolution of the vendors it as subse:uently reinstated, hoever, in our resolution 1& of ,. 2une ,)),, in hich e also issued a te!porary restrainin# order, directin# the C"R to %CEA6E and 1E656T fro! further hearin# C"R No. )*+,-.*.% 1'The petitioners pose the folloin#=Ahether or not the public respondent has 'urisdiction=a& to investi#ate the alle#ed violations of the %business ri#hts% of the private respondents hose stalls ere de!olished by the petitioners at the instance and authority #iven by the Mayor of 0ue4on City>b& to i!pose the fine of P-**.** each on the petitioners> andc& to disburse the a!ount of P9**,***.** as financial aid to the vendors affected by the de!olition.5n the Court;s resolution of ,* 3ctober ,)),, the 6olicitor+Beneral as excused fro! filin# his co!!ent for public respondent C"R. The latter thus filed its on co!!ent, 1( throu#h "on. 6a!uel 6oriano, one of its Co!!issioners. TheCourt also resolved to dispense ith the co!!ent of private respondent Ro:ue /er!o, ho had since failed to co!ply ith the resolution, dated ,. 2uly ,)),, re:uirin# such co!!ent.The petition has !erit.The Co!!ission on "u!an Ri#hts as created by the ,).C Constitution. 19 5t as for!ally constituted by then President Cora4on A:uino via Executive 3rder No. ,@8, $0 issued on - May ,).C, in the exercise of her le#islative poer at the ti!e. 5t succeeded, but so superseded as ell, the Presidential Co!!ittee on "u!an Ri#hts. $1The poers and functions $$ of the Co!!ission are defined by the ,).C Constitution, thus= to D$,& 5nvesti#ate, on its on or on co!plaint by any party, all for!s of hu!an ri#hts violations involvin#civil and political ri#hts>$9& Adopt its operational #uidelines and rules of procedure, and cite for conte!pt for violations thereof in accordance ith the Rules of Court>$8& Provide appropriate le#al !easures for the protection of hu!an ri#hts of all persons ithin the Philippines, as ell as /ilipinos residin# abroad, and provide for preventive !easures and le#al aid services to the underprivile#ed hose hu!an ri#hts have been violated or need protection>$?& Exercise visitorial poers over 'ails, prisons, or detention facilities>$-& Establish a continuin# pro#ra! of research, education, and infor!ation to enhance respect for the pri!acy of hu!an ri#hts>$@& Reco!!end to the Con#ress effective !easures to pro!ote hu!an ri#hts and to provide for co!pensation to victi!s of violations of hu!an ri#hts, or their fa!ilies>$C& Monitor the Philippine Bovern!ent;s co!pliance ith international treaty obli#ations on hu!an ri#hts>$.& Brant i!!unity fro! prosecution to any person hose testi!ony or hose possession of docu!ents or other evidence is necessary or convenient to deter!ine the truth in any investi#ation conducted by it or under its authority>$)& Re:uest the assistance of any depart!ent, bureau, office, or a#ency in the perfor!ance of its functions>$,*& Appoint its officers and e!ployees in accordance ith la> and$,,& Perfor! such other duties and functions as !ay be provided by la.5n its 3rder of , March ,)),, denyin# petitioners; !otion to dis!iss, the C"R theori4es that the intention of the !e!bers of the Constitutional Co!!ission is to !a(e C"R a :uasi+'udicial body. $% This vie, hoever, has not heretofore been shared by this Court. 5n CariEo v. Co!!ission on "u!an Ri#hts, $4 the Court, throu#h then Associate 2ustice, no Chief 2ustice Andres Narvasa, has observed that it is %only the first of the enu!erated poers and functions that bears any rese!blance to ad'udication or ad'ud#!ent,% but that rese!blance can in no ay be synony!ous to the ad'udicatory poer itself. The Court explained=. . . $T&he Co!!ission on "u!an Ri#hts . . . as not !eant by the funda!ental la to be another court or :uasi+'udicial a#ency in this country, or duplicate !uch less ta(e over the functions of the latter.The !ost that !ay be conceded to the Co!!ission in the ay of ad'udicative poer is that it !ay investi#ate, i.e., receive evidence and !a(e findin#s of fact as re#ards clai!ed hu!an ri#hts violations involvin# civil and political ri#hts. But fact findin# is not ad'udication, and cannot be li(enedto the 'udicial function of a court of 'ustice, or even a :uasi+'udicial a#ency or official. The function of receivin# evidence and ascertainin# therefro! the facts of a controversy is not a 'udicial function, properly spea(in#. To be considered such, the faculty of receivin# evidence and !a(in# factual conclusions in a controversy !ust be acco!panied by the authority of applyin# the la to those factual conclusions to the end that the controversy !ay be decided or deter!ined authoritatively, finally and definitively, sub'ect to such appeals or !odes of revie as !ay be provided by la. This function, to repeat, the Co!!ission does not have.After thus layin# don at the outset the above rule, e no proceed to the other (ernel of this controversy and, its is, to deter!ine the extent of C"R;s investi#ative poer.5t can hardly be disputed that the phrase %hu!an ri#hts% is so #eneric a ter! that any atte!pt to define it, albeit not afe have tried, could at best be described as inconclusive. Fet us observe. 5n a sy!posiu! on hu!an ri#hts in the Philippines, sponsored by the Gniversity of the Philippines in ,)CC, one of the :uestions that has been propounded is %$&hat do you understand by %hu!an ri#htsH% The participants, representin# different sectors of the society, have #iven the folloin# varied ansers=Human rights are the basic ri#hts hich inhere in !an by virtue of his hu!anity. They are the sa!e in all parts of the orld, hether the Philippines or En#land, Ienya or the 6oviet Gnion, the Gnited 6tates or 2apan, Ienya or 5ndonesia . . . .Human rights include civil ri#hts, such as the ri#ht to life, liberty, and property> freedo! of speech, of the press, of reli#ion, acade!ic freedo!, and the ri#hts of the accused to due process of la> political ri#hts, such as the ri#ht to elect public officials, to be elected to public office, and to for! political associations and en#a#e in politics> and social ri#hts, such as the ri#ht to an education, e!ploy!ent, and social services. $5Human rights are the entitle!ent that inhere in the individual person fro! the sheer fact of his hu!anity. . . . Because they are inherent, hu!an ri#hts are not #ranted by the 6tate but can only be reco#ni4ed and protected by it. $&$Human rights include all& the civil, political, econo!ic, social, and cultural ri#hts defined in the Gniversal 1eclaration of "u!an Ri#hts. $'Human rights are ri#hts that pertain to !an si!ply because he is hu!an. They are part of his natural birth, ri#ht, innate and inalienable. $(The Gniversal 1eclaration of "u!an Ri#hts, as ell as, or !ore specifically, the 5nternational Covenant on Econo!ic, 6ocial and Cultural Ri#hts and 5nternational Covenant on Civil and Political Ri#hts, su##ests that the scope of hu!an ri#hts can be understood to include those that relate to an individual;s social, econo!ic, cultural, political and civil relations. 5t thus see!s to closely identify the ter! to the universally accepted traits and attributes of an individual, alon# ith hat is #enerally considered to be his inherent and inalienable ri#hts, enco!passin# al!ost all aspects of life."ave these broad concepts been e:ually conte!plated by the fra!ers of our ,).@ Constitutional Co!!ission in adoptin# the specific provisions on hu!an ri#hts and in creatin# an independent co!!ission to safe#uard these ri#htsH 5t !ay of value to loo( bac( at the country;s experience under the !artial la re#i!e hich !ay have, in fact, i!pelled the inclusions of those provisions in our funda!ental la. Many voices have been heard. A!on# those voices, aptly represented perhaps of the senti!ents expressed by others, co!es fro! Mr. 2ustice 2.B.F. Reyes, a respected 'urist and an advocate of civil liberties, ho, in his paper, entitled %Present 6tate of "u!an Ri#hts in the Philippines,% $9 observes=But hile the Constitution of ,)8- and that of ,)C8 enshrined in their Bill of Ri#hts !ost of the hu!an ri#hts expressed in the 5nternational Covenant, these ri#hts beca!e unavailable upon the procla!ation of Martial Fa on 9, 6epte!ber ,)C9. Arbitrary action then beca!e the rule. 5ndividuals by the thousands beca!e sub'ect to arrest upon suspicion, and ere detained and held for indefinite periods, so!eti!es for years, ithout char#es, until ordered released by the Co!!ander+in+Chief or this representative. The ri#ht to petition for the redress of #rievances beca!e useless, since #roup actions ere forbidden. 6o ere stri(es. Press and other !ass !edia ere sub'ected to censorship and short ter! licensin#. Martial la brou#ht ith it the suspension of the rit of habeas corpus, and 'ud#es lost independence and security of tenure, except !e!bers of the 6upre!e Court. They ere re:uired to sub!it letters of resi#nation and ere dis!issed upon theacceptance thereof. Torture to extort confessions ere practiced as declared by international bodies li(e A!nesty 5nternational and the 5nternational Co!!ission of 2urists.Conver#in# our attention to the records of the Constitutional Co!!ission, e can see the folloin# discussions durin# its 9@ Au#ust ,).@ deliberations=MR. BARC5A . . . , the pri!acy of its $C"R& tas( !ust be !ade clear in vie of the i!portance of hu!an ri#hts and also because civil and political ri#hts have been deter!ined by !any international covenants and hu!an ri#hts le#islations in the Philippines, as ell as the Constitution, specifically the Bill of Ri#hts and subse:uent le#islation. 3therise, if e cover such a ide territory in area, e might diffuse its impact and the precise nature of its tas!, hence, its effectivity ould also be curtailed.So, it is important to delienate the parameters of its tas!s so that the commission can be most effective.MR. BENBJ3N. That is precisely !y difficulty because civil and political ri#hts are very broad. The Article on the Bill of Ri#hts covers civil and political ri#hts. Every sin#le ri#ht of an individual involves his civil ri#ht or his political ri#ht. 6o, here do e dra the lineHMR. BARC5A. Actually, these civil and political ri#hts have been !ade clear in the lan#ua#e of hu!an ri#hts advocates, as ell as in the Gniversal 1eclaration of "u!an Ri#hts hich addresses anu!ber of articles on the ri#ht to life, the ri#ht a#ainst torture, the ri#ht to fair and public hearin#, andso on. These are very specific ri#hts that are considered enshrined in !any international docu!ents and le#al instru!ents as constitutin# civil and political ri#hts, and these are precisely hat e ant to defend here.MR. BENBJ3N. 6o, ould the co!!issioner say civil and political ri#hts as defined in the Gniversal 1eclaration of "u!an Ri#htsHMR. BARC5A. Kes, and as 5 have !entioned, the 5nternational Covenant of Civil and Political Ri#hts distin#uished this ri#ht a#ainst torture.MR. BENBJ3N. 6o as to distin#uish this fro! the other ri#hts that e haveHMR. BARC5A. Kes, because the other ri#hts ill enco!pass social and econo!ic ri#hts, and there are other violations of ri#hts of citi4ens hich can be addressed to the proper courts and authorities.xxx xxx xxxMR. BENBJ3N. 6o, e ill authori4e the co!!ission to define its functions, and, therefore, in doin#that the co!!ission ill be authori4ed to ta(e under its in#s cases hich perhaps heretofore or at this !o!ent are under the 'urisdiction of the ordinary investi#ative and prosecutorial a#encies of the #overn!ent. A! 5 correctHMR. BARC5A. No. Ae have already !entioned earlier that e ould li(e to define the specific para!eters hich cover civil and political ri#hts as covered by the international standards #overnin# the behavior of #overn!ents re#ardin# the particular political and civil ri#hts of citi4ens, especially of political detainees or prisoners. This particular aspect e have experienced durin# !artial la hich e ould no li(e to safe#uard.MR. BENBJ3N. Then, 5 #o bac( to that :uestion that 5 had. Therefore, hat e are really tryin# to say is, perhaps, at the proper ti!e e could specify all those ri#hts stated in the Gniversal 1eclaration of "u!an Ri#hts and defined as hu!an ri#hts. Those are the ri#hts that e envision hereHMR. BARC5A. Kes. 5n fact, they are also enshrined in the Bill of Ri#hts of our Constitution. They are inte#ral parts of that.MR. BENBJ3N. Therefore, is the Gentleman saying that all the rights under the "ill of #ights covered by human rightsHMR. BARC5A. $o, only those that pertain to civil and political rights.xxx xxx xxxMR. RAMA. %n connection ith the discussion on the scope of human rights, % ould li!e to state thatin the past regime, everytime e invo!e the violation of human rights, the &arcos regime came out ith the defense that, as a matter of fact, they had defended the rights of people to decent living, food, decent housing and a life consistent ith human dignity.So, % thin! e should really limit the definition of human rights to political rights. %s that the sense of the committee, so as not to confuse the issueHMR. 6ARM5ENT3. 'es, &adam President.MR. BARC5A. 5 ould li(e to continue and respond also to repeated points raised by the previous spea(er.There are actually si( areas here this Commission on Human #ights could act effectively= )* protection of rights of political detainees+ ,* treatment of prisoners and the prevention of tortures+ -* fair and public trials+ .* cases of disappearances+ /* salvagings and hamletting+ and 0* other crimes committed against the religious.xxx xxx xxxThe PRE651ENT. Co!!issioner Buin#ona is reco#ni4ed.MR. BG5NB3NA. Than( Kou Mada! President.5 ould li(e to start by sayin# that 5 a#ree ith Co!!issioner Barcia that e should, in order to ma!e the proposed Commission more effective, delimit as much as possible, ithout pre1udice to future e(pansion. The coverage of the concept and 1urisdictional area of the term %human rights%. 5 as actually disturbed this !ornin# hen the reference as !ade ithout :ualification to the ri#hts e!bodied in the universal 1eclaration of "u!an Ri#hts, althou#h later on, this as :ualified to refer to civil and political ri#hts contained therein.5f 5 re!e!ber correctly, Mada! President, Co!!issioner Barcia, after !entionin# the Gniversal 1eclaration of "u!an Ri#hts of ,)?., !entioned or lin(ed the concept of hu!an ri#ht ith other hu!an ri#hts specified in other convention hich 5 do not re!e!ber. A! 5 correctHMR. BARC5A. 5s Co!!issioner Buin#ona referrin# to the 1eclaration of Torture of ,).-HMR. BG5NB3NA. 5 do not (no, but the co!!issioner !entioned another.MR. BARC5A. Mada! President, the other one is the 5nternational Convention on Civil and Political Ri#hts of hich e are si#natory.MR. BG5NB3NA. 5 see. The only proble! is that, althou#h 5 have a copy of the Gniversal 1eclaration of "u!an Ri#hts here, 5 do not have a copy of the other covenant !entioned. 5t is :uite possible that there are ri#hts specified in that other convention hich !ay not be specified here. 5 as onderin# hether it ould be ise to lin( our concept of hu!an ri#hts to #eneral ter!s li(e %convention,% rather than specify the ri#hts contained in the convention.As far as the Gniversal 1eclaration of "u!an Ri#hts is concerned, the Co!!ittee, before the period of a!end!ents, could specify to us hich of these articles in the 1eclaration ill fall ithin the concept of civil and political ri#hts, not for the purpose of includin# these in the proposed constitutional article, but to #ive the sense of the Co!!ission as to hat hu!an ri#hts ould be included, ithout pre'udice to expansion later on, if the need arises. /or exa!ple, there as no definite reply to the :uestion of Co!!issioner Re#alado as to hether the ri#ht to !arry ould be considered a civil or a social ri#ht. 5t is not a civil ri#htHMR. BARC5A. &adam President, % have to repeat the various specific civil and political rights that efelt must be envisioned initially by this provision 2 freedom from political detention and arrest prevention of torture, right to fair and public trials, as ell as crimes involving disappearance, salvagings, hamlettings and collective violations. So, it is limited to politically related crimes preciselyto protect the civil and political rights of a specific group of individuals, and therefore, e are not opening it up to all of the definite areas.MR. BG5NB3NA. Correct. Therefore, 'ust for the record, the Bentle!en is no lon#er lin(in# his concept or the concept of the Co!!ittee on "u!an Ri#hts ith the so+called civil or political ri#hts as contained in the Gniversal 1eclaration of "u!an Ri#hts.MR. BARC5A. Ahen 5 !entioned earlier the Gniversal 1eclaration of "u!an Ri#hts, 5 as referrin# to an international instru!ent.MR. BG5NB3NA. 5 (no.MR. BARC5A. But it does not !ean that e ill refer to each and every specific article therein, but only to those that pertain to the civil and politically related, as e understand it in this Co!!ission on "u!an Ri#hts.MR. BG5NB3NA. Mada! President, 5 a! not even clear as to the distinction beteen civil and social ri#hts.MR. BARC5A. There are to international covenants= the 5nternational Covenant and Civil and Political Ri#hts and the 5nternational Covenant on Econo!ic, 6ocial and Cultural Ri#hts. The secondcovenant contains all the different ri#hts+the ri#hts of labor to or#ani4e, the ri#ht to education, housin#, shelter, et cetera.MR. BG5NB3NA. 6o e are 'ust li!itin# at the !o!ent the sense of the co!!ittee to those that the Bentle!en has specified.MR. BARC5A. Kes, to civil and political ri#hts.MR. BG5NB3NA. Than( you.xxx xxx xxx6R. TAN. Mada! President, fro! the standpoint of the victi!s of hu!an ri#hts, 5 cannot stress !ore on ho !uch e need a Co!!ission on "u!an Ri#hts. . . .. . . hu!an ri#hts victi!s are usually penniless. They cannot pay and very fe layers ill accept clients ho do not pay. And so, they are the ones !ore abused and oppressed. Another reason is, the cases involved are very delicate 2 torture, salvaging, pic!ing up ithout any arrant of arrest, massacre D and the persons ho are alle#edly #uilty are people in poer li(e politicians, !en in the!ilitary and bi# shots. Therefore, this "u!an Ri#hts Co!!ission !ust be independent.5 ould li(e very !uch to e!phasi4e ho !uch e need this co!!ission, especially for the little /ilipino, the little individual ho needs this (ind of help and cannot #et it. And % thin! e should concentrate only on civil and political violations because if e open this to land, housing and health, e ill have no place to go again and e ill not receive any response. . . . %0 $e!phasis supplied&The final outco!e, no ritten as 6ection ,., Article L555, of the ,).C Constitution, is a provision e!poerin# the Co!!ission on "u!an Ri#hts to %investi#ate, on its on or on co!plaint by any party, all for!s of hu!an ri#hts violations involving civil and political rights% $6ec. ,&.The ter! %civil ri#hts,% %1 has been defined as referrin# D$t&o those $ri#hts& that belon# to every citi4en of the state or country, or, in ider sense, to all its inhabitants, and are not connected ith the or#ani4ation or ad!inistration of the #overn!ent. They include the ri#hts of property, !arria#e, e:ual protection of the las, freedo! of contract, etc. 3r, as otherise defined civil ri#hts are ri#hts appertainin# to a person by virtue of his citi4enship in a state or co!!unity. 6uch ter! !ay also refer, in its #eneral sense, to ri#hts capable of bein# enforced or redressed in a civil action.Also :uite often !entioned are the #uarantees a#ainst involuntary servitude, reli#ious persecution, unreasonable searches and sei4ures, and i!prison!ent for debt. %$Political ri#hts, %% on the other hand, are said to refer to the ri#ht to participate, directly or indirectly, in the establish!ent orad!inistration of #overn!ent, the ri#ht of suffra#e, the ri#ht to hold public office, the ri#ht of petition and, in #eneral, the ri#hts appurtenant to citi4enship vis-a-vis the !ana#e!ent of #overn!ent. %4Recallin# the deliberations of the Constitutional Co!!ission, afore:uoted, it is readily apparent that the dele#ates envisioned a Co!!ission on "u!an Ri#hts that ould focus its attention to the !ore severe cases of hu!an ri#hts violations. 1ele#ate Barcia, for instance, !entioned such areas as the %$,& protection of ri#hts of political detainees, $9& treat!ent of prisoners and the prevention of tortures, $8& fair and public trials, $?& cases of disappearances, $-& salva#in#s and ha!lettin#, and $@& other cri!es co!!itted a#ainst the reli#ious.% Ahile the enu!eration has not li(ely been !eant to have any preclusive effect, !ore than 'ust expressin# a state!ent of priority, it is, nonetheless, si#nificant for the tone it has set. 5n any event, the dele#ates did not apparently ta(e co!fort in pere!ptorily !a(in# a conclusive delineation of the C"R;s scope of investi#atorial 'urisdiction. They have thus seen it fit to resolve, instead, that %Con#ress !ay provide for other cases of violations of hu!an ri#hts that should fall ithin the authority of the Co!!ission, ta(in# into account its reco!!endation.% %55n the particular case at hand, there is no cavil that hat are sou#ht to be de!olished are the stalls, sari-saristores and carinderia, as ell as te!porary shanties, erected by private respondents on a land hich is planned to be developed into a %People;s Par(%. More than that, the land ad'oins the North E16A of 0ue4on City hich, this Court can ta(e 'udicial notice of, is a busy national hi#hay. The conse:uent dan#er to life and li!b is not thus to be li(eise si!ply i#nored. 5t is indeed paradoxical that a ri#ht hich is clai!ed to have been violated is one that cannot, in the first place, even be invo(ed, if it is, in fact, extant. Be that as it !ay, loo(in# at the standards hereinabove discoursed vis-a-vis the circu!stances obtainin# in this instance, e are not prepared to conclude that the order for the de!olition of the stalls, sari-sari stores and carinderia of the private respondents can fall ithin the co!part!ent of %hu!an ri#hts violations involvin# civil and political ri#hts% intended by the Constitution.3n its conte!pt poers, the C"R is constitutionally authori4ed to %adopt its operational #uidelines and rules of procedure, and cite for conte!pt for violations thereof in accordance ith the Rules of Court.% Accordin#ly, the C"R acted ithin its authority in providin# in its revised rules, its poer %to cite or hold any person in direct or indirect conte!pt, and to i!pose the appropriate penalties in accordance ith the procedure and sanctions provided for in the Rules of Court.% That poer to cite for conte!pt, hoever, should be understood to apply only to violations of its adopted operational #uidelines and rules of procedure essential to carry out its investi#atorial poers. To exe!plify, the poer to cite for conte!pt could be exercised a#ainst persons ho refuse to cooperate ith the said body, or ho unduly ithhold relevant infor!ation, or ho decline to honor su!!ons, and the li(e, in pursuin# its investi#ative or(. The %order to desist% $a se!antic interplay for a restrainin# order& in the instance before us, hoever, is not investi#atorial in character but prescinds fro! an ad'udicative poer that it does not possess. 5n 3(port Processing 4one Authority vs. Commission on Human #ights, %& the Court, spea(in# throu#h Mada!e 2ustice Carolina BriEo+A:uino, explained=The constitutional provision directin# the C"R to %provide for preventive !easures and le#al aid services to the underprivile#ed hose hu!an ri#hts have been violated or need protection% !ay not be construed to confer 'urisdiction on the Co!!ission to issue a restrainin# order or rit of in'unctionfor, it that ere the intention, the Constitution ould have expressly said so. %2urisdiction is conferredonly by the Constitution or by la%. 5t is never derived by i!plication.Evidently, the %preventive !easures and le#al aid services% !entioned in the Constitution refer to extra'udicial and 'udicial re!edies $includin# a rit of preli!inary in'unction& hich the C"R !ay see( fro! proper courts on behalf of the victi!s of hu!an ri#hts violations. Not bein# a court of 'ustice, the C"R itself has no 'urisdiction to issue the rit, for a rit of preli!inary in'unction !ay onlybe issued %by the 'ud#e of any court in hich the action is pendin# Mithin his districtN, or by a 2usticeof the Court of Appeals, or of the 6upre!e Court. . . . A rit of preli!inary in'unction is an ancillary re!edy. 5t is available only in a pendin# principal action, for the preservation or protection of the ri#hts and interests of a party thereto, and for no other purpose.% $footnotes o!itted&.The Co!!ission does have le#al standin# to indorse, for appropriate action, its findin#s and reco!!endations to any appropriate a#ency of #overn!ent. %'The challen#e on the C"R;s disburse!ent of the a!ount of P9**,***.** by ay of financial aid to the vendors affected by the de!olition is not an appropriate issue in the instant petition. Not only is there lac( of locus standion the part of the petitioners to :uestion the disburse!ent but, !ore i!portantly, the !atter lies ith the appropriate ad!inistrative a#encies concerned to initially consider.The public respondent explains that this petition for prohibition filed by the petitioners has beco!e !oot and acade!ic since the case before it $C"R Case No. )*+,-.*& has already been fully heard, and that the !atter is !erely aaitin# final resolution. 5t is true that prohibition is a preventive re!edy to restrain the doin# of an act about to be done, and not intended to provide a re!edy for an act already acco!plished. %( "ere, hoever, said Co!!ission ad!ittedly has yet to pro!ul#ate its resolution in C"R Case No. )*+,-.*. The instant petition has been intended, a!on# other thin#s, to also prevent C"R fro! precisely doin# that. %9A"ERE/3RE, the rit prayed for in this petition is BRANTE1. The Co!!ission on "u!an Ri#hts is hereby prohibited fro! further proceedin# ith C"R Case No. )*+,-.* and fro! i!ple!entin# the P-**.** fine for conte!pt. The te!porary restrainin# order heretofore issued by this Court is !ade per!anent. No costs.63 3R1ERE1.$arvasa, C.5., Cru6, 7eliciano, "idin, #egalado, 8avide, 5r., #omero, $ocon, "ellosillo, &elo, 9uiason and Puno, 55., concur. S)*ara+) O*,n,on- PADILLA, J., dissentin#=5 reiterate !y separate opinion in %Carino, et al. vs. The Co!!ission on "u!an ri#hts, et al.,% B.R. No. )@@.,, 9 1ece!ber ,)),, 9*? 6CRA ?.8 in relation to the resolution of 9) 2anuary ,)), and !y dissentin# opinion in %Export Processin# Jone Authority vs. The Co!!ission on "u!an Ri#hts, et al.,% B.R. No. ,*,?C@, ,? April ,))9, 9*. 6CRA ,9-. 5 a! of the considered vie that the C"R can issue a ceaseand desist order to !aintain a status :uo pendin# its investi#ation of a case involvin# an alle#ed hu!an ri#hts violation> that such cease and desist order !aybe necessary in situations involvin# a threatened violation of hu!an ri#hts, hich the C"R intents to investi#ate.5n the case at bench, 5 ould consider the threatened de!olition of the stalls, sari-sari stores and carinderias as ellas the te!porary shanties oned by the private respondents as posin# prima facie a case of hu!an ri#hts violation because it involves an i!pair!ent of the civil ri#hts of said private respondents, under the definition of civil ri#hts cited by the !a'ority opinion $pp. 9*+9,& and hich the C"R has un:uestioned authority to investi#ate $6ection ,., Art. L555, ,).C Constitution&."u!an ri#hts de!and !ore than lip service and extend beyond i!pressive displays of placards at street corners. Positive action and results are hat count. Certainly, the cause of hu!an ri#hts is not enhanced hen the very constitutional a#ency tas(ed to protect and vindicate hu!an ri#hts is transfor!ed by us, fro! the start, into a ti#er ithout dentures but ith !ai!ed le#s to boot. 5 sub!it the C"R should be #iven a ide latitude to loo( into and investi#ate situations hich !ay $or !ay not ulti!ately& involve hu!an ri#hts violations.ACC3R15NBFK, 5 vote to 156M566 the petition and to re!and the case to the C"R for further proceedin#s. . S)*ara+) O*,n,on-PADILLA, J., dissentin#=5 reiterate !y separate opinion in %Carino, et al. vs. The Co!!ission on "u!an ri#hts, et al.,% B.R. No. )@@.,, 9 1ece!ber ,)),, 9*? 6CRA ?.8 in relation to the resolution of 9) 2anuary ,)), and !y dissentin# opinion in %Export Processin# Jone Authority vs. The Co!!ission on "u!an Ri#hts, et al.,% B.R. No. ,*,?C@, ,? April ,))9, 9*. 6CRA ,9-. 5 a! of the considered vie that the C"R can issue a ceaseand desist order to !aintain a status :uo pendin# its investi#ation of a case involvin# an alle#ed hu!an ri#hts violation> that such cease and desist order !aybe necessary in situations involvin# a threatened violation of hu!an ri#hts, hich the C"R intents to investi#ate.5n the case at bench, 5 ould consider the threatened de!olition of the stalls, sari-sari stores and carinderias as ellas the te!porary shanties oned by the private respondents as posin# prima facie a case of hu!an ri#hts violation because it involves an i!pair!ent of the civil ri#hts of said private respondents, under the definition of civil ri#hts cited by the !a'ority opinion $pp. 9*+9,& and hich the C"R has un:uestioned authority to investi#ate $6ection ,., Art. L555, ,).C Constitution&."u!an ri#hts de!and !ore than lip service and extend beyond i!pressive displays of placards at street corners. Positive action and results are hat count. Certainly, the cause of hu!an ri#hts is not enhanced hen the very constitutional a#ency tas(ed to protect and vindicate hu!an ri#hts is transfor!ed by us, fro! the start, into a ti#er ithout dentures but ith !ai!ed le#s to boot. 5 sub!it the C"R should be #iven a ide latitude to loo( into and investi#ate situations hich !ay $or !ay not ulti!ately& involve hu!an ri#hts violations.ACC3R15NBFK, 5 vote to 156M566 the petition and to re!and the case to the C"R for further proceedin#s.