Art. XIII.

COMMISSION ON HUMAN

RIGHTS

Section 17.
There is hereby created an independent office called the
Commission on Human Rights.
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.
Until this Commission is constituted, the existing Presidential
Committee on Human Rights shall continue to exercise its present
functions and powers.
The approved annual appropriations of the Commission shall be
automatically and regularly released.

Sec. 17: Intended as Independent but:

1. Term of Office PROVIDED BY LAW
2. Other Qualifications PROVIDED BY LAW
3. Not impeachable
4. No confirmation

1935 constitution allowed the private corporation to acquire lands of public domain-facts:
alienable land was occupied by tribes for 30 years.. Can the Private corporation acquire the
said land from tribes? HELD YES! BECAUSE THE OCCUPIES OF TRIBES IPSO FACTO
MADE THE LAND OF PUBLIC DOMAIN INTO PRIVATE LAND.. HENCE THE
ACQUISITION IS VALID

 5. Fiscal autonomy? [17. (4) The approved annual

appropriations of the Commission shall be automatically
and regularly released. LIMITED TO THIS ONLY [CHR Employees
v. CHR]

Art. VIII: Judiciary (AND 3 COMMISIONS) EXPANDED

FISCAL AUTONOMY
Sec. 3. The judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced by the
legislature below the amount appropriated for the previous
year and after approval, shall be automatically and regularly
released.

 18. 1: Investigate on its on or on complaint by any party all

forms of human rights violations involving civil and
political rights.

HENCE, IT MAY IT MAY INVESTIGATE HUMAN RIGHTS VIOLATIONS OR ABUSES OF

REBELS NOT ONLY AGENTS OF THE STATE

1996, No. 1: Distinguish civil rights from political rights

and give an example of each right.

CIVIL RIGHTS ARE THOSE RIGHTS ENJOYED AS MEMBER OF POLITICAL

SOCIETY WHILE POLITICAL RIGHTS ARE THOSE ENJOYED IN ORDER TO
PARTICIPATE DIRECTLY AND INDIRECTLY IN THE AFFAIRS OF THE
GOVERNMENT- RIGHT TO VOTE (DIRECTLY) OR RIGHT TO ASSEMBLE
(INDIRECT)

What are the relations of civil and political to human rights.

HUMAN RIGHTS- COVER CIVIL, POLITICAL CULTURAL AND SOCIAL RIGHT
-IT IS THE TOTALITY OF ALL RIGHTS THAT HUMAN BEINGS ENJOYED

Which is a political right?

a. right against unreasonable searches CIVIL
RIGHTS
b. freedom of assembly and petition
POLITICAL RIGHTS ARE THOSE RIGHTS ENJOYED IN ORDER PARTICIPATE DIRECTLY
AND INDIRECTLY IN THE AFFAIRS OF THE GOVERNMENT- BECAUSE WHEN WE
CRITICIZE THE GOVERNMENT, THEY CHANGE ITS POLICY

c. freedom of religion CIVIL RIGHTS

d. liberty of abode and travel CIVIL RIGHTS
ECONOMIC RIGHT-RIGHT TO WORK- NOT CIVIL OR POLITICAL
CULTURAL AND SOCIAL RIGHTHUMAN RIGHTS- COVER CIVIL, POLITICAL CULTURAL AND SOCIAL RIGHT
-IT IS THE TOTALITY OF ALL RIGHTS THAT HUMAN BEINGS ENJOYED

 Carino v. CHR: It can only 1. investigate, 2.

make a fact finding, but not resolve by
applying the law to the facts, and thus
determine whether someone committed
human rights violation. It cannot take
cognizance over entities exercising quasijudicial or judicial function.
FACTS: Carino dismissed the teachers as SEC of Education the dismissed teachers filed a
complaint with CHR for violation of Human rights can CHR Determine w/n the accused
committed human rights violation? Carino was exercising quasi judicial function in
determining whether or not the teachers committed violation or they be dismissed Held:
THE ANSWER IS IN THE ABOVE

 Simon v. CHR: Its jurisdiction is limited to civil and

political rights, not to business rights.

FACTS: SQUATTERS WHO WERE SELLING OR HAVE SARISAIR STORES WERE BEING
DEMOLISHED IN A LAND OWNED BY LGU THEY WENT TO CHR TO COMPLAIN THE
DEMOLISHION

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;

EPZA v. CHR: It cannot issue injunctions. The

phrase: to provide appropriate measures for the
protection of human rights and provide
preventive measures does not include that
power. CONSTITUTION DOES NOT PROVIDE CHR THE POWER TO ISSUE
INJUNCTIONS HENCE, IF THE YOUR HUMAN RIGHTS IS VIOLATED, GO DIRECTLY TO
COURT

FACTS; SQUATTERS WERE BEING DEMOLISHED.. SO THEY WENT TO CHR TO COMPLAINT

OR FILED A COMPLAINT.. THE CHR ISSUED INJUCNTIONS.. CAN CHR DO THAT? NO!!!!

Bar Questions
1997, No. 8: About a hundred people occupied a parcel of land in Quezon City

and built shanties and put up sarisari store and carenderias. The city mayor issued
an order directing them to vacate.. The squatters complained to the CHR and the
CHR ordered the mayor to cease and desist. Is the order valid? NO!... CHR HAS
NO POWER TO ISSUE CEASE AND DESIST ORDER OR INJUNCTION!!
2001, No. 6 Same
2005, 4: Same + :What is your concept of human rights? Does this case involve
violation of human rights within the scope of CHRs jurisdiction? Can it declare the
mayor in contempt?
IT COVERS ONLY CIVIL AND POLITICAL RIGHTS IT DOES NOT INCLUDE
BUSINESS RIGHTS.. IT CANNOT DECLARE THE MAYOR IN CONTEMPT AS
IT IS BEREFT OF POWER TO THE SAME

2007, No. 2: writs of injuction NOT ALLOWED. IT HAS

NO POWER TO ISSIUE THE SAME

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;
OMB CAN GRANT IMMUNITY. CHR IS ONLY ONE BODY
CONSTIUTIONALLY GRANTED WITH POWER TO GRANT IMMUNITY
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.

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.
MEANING: CONGRESS BY LAW CAN AUTHORIZE CHR TO INVESTIGATE
OTHER HUMAN RIGHTS SUCH AS ECONOMIC, SOCIAL AND
CULTURAL right.. BUT THERE IS NO LAW YET FOR THE SAME AS
OF TO DATE