SIMON VS CHR GR No. 100150 Jan.

5, 1995
TOPIC: PARENS PATRIAE

FACTS:

On July 9, 1990, a Demolition Notice by Carlos Quimpo was sent to and received by private
respondents. The said notice gave the private respondents 3 days to vacate the premises of North
EDSA. Before the said notice, the respondents were also informed to remove the stalls to give way to
the People’s Park.
On July 12, 1990, the group’s leader filed a letter complaint with the CHR asking the late CHR
Chairman Bautista to address the then Quezon City Mayor Simon Jr. to stop the demolition. On July
23, 1990, CHR issued an order directing the petiotioners to desist from demolishing the stalls, sari-sari
stores, carienderia and even temporary shanties pending resolutions of vendors’ complaint before the
CHR. On July 31, base on the sworn statements by the private respondents and CHR’s ocular
investigation, they contend that on July 28, petitioners carried out the demolition even though the
CHR issued a resolution ordering the disbursement of 200k and direct the petitioners to desist from
further demolition.
A motion to dismiss was filed on Sept. 19 questioning CHR’s jurisdiction. But CHR contend that it
is under its constitutional mandate had jurisdiction over complaint filed by the private respondent
who complained that their human and constitutional rights were violated. Petitioner filed a motion
for reconsideration but were dismissed.

ISSUE:
WON CHR has jurisdiction over the case?

RULING:
NO.
The CHR is purely an investigatory body. Its powers and functions are defined in the 1987
Constitution. The CHR mainly focuses on sever human rights violations like:
a. Protection of rights of political detainees
b. Treatment of prisoners and the prevention of tortures
c. Fair and public trial
d. Cases of disappearance
e. Salvaging and hamletting
f. Crimes committed against the religious

At the case at hand, what was sought to be demolished were the sari-sari stores, carienderia and
temporary shanties that were erected by the private respondents on a land which is planned to be
developed into a People’s Park. The said land also adjoin the North EDSA of Quezon City, which is a
busy National Highway. The consequent danger to life and limb should not be ignored.

Thus CHR has no jurisdiction over the case for there were no civil and political rights violated