Commission on Human Rights

Regional Office 3
City of San Fernando, Pampanga

PNP National Headquarters Camp General Crame

Presented by:
ATTY. JASMIN NAVARRO-REGINO
Regional HR Director
DEFINITION OF HUMAN RIGHTS

HUMAN RIGHTS ARE GENERALLY

DEFINED AS THOSE RIGHTS WHICH
ARE INHERENT IN OUR NATURE
AND WITHOUT WHICH WE
CANNOT LIVE AS HUMAN BEINGS.

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Commission on Human Rights of the Phils.
HUMAN RIGHTS’ DEFINITION
Human rights may be defined as “the
supreme, inherent and inalienable rights to life, to
dignity, and to self-development. It is the essence
of these rights that makes man human. Human
rights are fundamental freedoms which are
necessary and indispensable in order to enable
every member of the human race to live a life or
dignity.

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What are the basic principles of Human rights?

 Human rights are inherent. Human rights are

birth rights. They belong to the individual
person for reason that he or she is a human being.

 Fundamental. Without human rights, a person’s

life and dignity would be worthless and
meaningless.

 Human rights are inalienable. As such they

cannot be stripped or rightfully taken away from
any free human person.
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 Human rights are imprescriptible. Human
rights are not lost by mere passage of time.
Human rights do not prescribe even if a person
fails to use or was prevented from asserting them.

 Human rights are indivisible, interrelated. The

indivisibility of human rights is a manifestation
that a person cannot be denied or deprived of his
or her human rights, notwithstanding that he or
she has already enjoyed, or is already enjoying
other rights. Human rights are not piece meal
rights and freedoms, hence, not capable of being
divided.

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 Human rights are universal. Human rights are
endowed every human being from the moment of
birth, w/o distinction or irrespective of origin, sex,
race, creed, political color, status or condition in
life.

 Human rights are interdependent. The

fulfillment, enjoyment or exercise of a particular
right cannot be attained w/o the realization of the
other rights.
 Principle of equality. Even the law of nature
made manifest this basic principle by the fact that
all human beings, male or female, are born naked
& helpless.
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 FOUNDATIONS OF HUMAN RIGHTS:
PRINCIPLES AND CLASSIFICATIONS

Has the basic rights to

Mind
Will
HUMAN
Life Dignity Self-Development
Talents

Has the basic rights to

Culture
History
resources
Survive Self- Develop as

SOCIETY Determination a Society

 SOCIETY

- always and only an instrument of the

people
- an agent only of society
- seeks the people’s welfare

Composed of GOVERNMENT
men

The Philippines… adopts the

Composed
generally accepted principles of
International law as part of the law
Of nations
of the land…
INTER-
(Consti., Art. II, Sec. 2)
GOVERNMENT
What are the civil and political rights set forth in
the Declaration and the Covenant on Civil and
Political Rights?
 Right of all peoples to self-determination

 Right to life

 Right not to be subjected to torture or cruel,

inhuman or degrading treatment or
punishment
 Freedom from slavery and all forms of
slave-trade
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 Freedom from involuntary servitude, and
forced labor
 Right to liberty and security of person

 Right to liberty of movement and freedom to

choose one’s residence
 Right to leave any country

 Right to enter one’s own country

 Right to equality before the law

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 Rights of accused persons

 Right against retroactive penal laws

 Right to recognition as a person before the

law
 Right to privacy

 Freedom of thought, conscience and religion

 Freedom of opinion and expression

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 Right to int’l. peace and security

 Right of peaceful assembly

 Freedom of association

 Family and marriage rights

 Rights of children

 Rights of citizens

 Rights of minorities

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What are economic, social and
cultural rights?

Economic, social and cultural rights

refer to the rights that entitle all persons,
families and communities to live with
dignity founded on their basic needs, i.e.,
housing, food, clothing, shelter, education,
and social and cultural participation.

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What are the major economic, social and
cultural rights of the peoples which are
protected and guaranteed under the
Declaration & the ESCR Covenant?

 Right of all people to self-determination. A

freedom of peoples or nations to choose
their political status & pursue their
economic, social and cultural development.
It also asserts the right of the peoples to
freely dispose of their natural wealth and
resources.

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 Right to work and employment
opportunities

This refers to the

right of every
person, of
productive age, to
have an
opportunity to earn
a living.

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 Right to just and favorable
conditions of work.
Every worker has the
right to receive fair
wages and equal
remuneration for equal
work w/o distinction that
will provide the workers
and their families decent
standard of living.

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 Right to form and join trade unions

Workers have the right to

form and join trade unions of
their own choice. Trade
unions have the right form, or
affiliate with, federations, to
include the freedom to
function freely. It also
encompasses the right to
workers to strike when their
rights are violated.

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 Right to rest and recreation

This asserts the right of

every person or worker
to rest and leisure, to
reasonable working
hours, and to holiday
pay.

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 Right to social security and insurance

On the basis of this provision,

governments have the obligation to
install social security systems that
would extend assistance to the people
in times of emergency, sickness,
disability and death, among others.

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 Right to protection of the family
This asserts that
women, before and after
giving birth, should be
given special protection
and social benefits.
Children should be
protected from abuses
and exploitation, i.e.,
child labor.

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 Right to an adequate
standard of living

Right to food, housing and

clothing. Steps to boost food
production, i.e., the
application of technical and
scientific knowledge,
dissemination of information/
knowledge on nutrition,
development and agrarian
reform system.

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 Right to health
This asserts the right of the
people to enjoy the highest
attainable standard of
physical and mental health.
Along this line, the State
parties should make available
health infrastructures and
health services to the people,
and pursue & implement
measures to prevent pollution
and epidemics.

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 Right to education
Education should promote
the full dev’t. of
personality and dignity of
every person. The State
parties to the Covenant are
directed to make all levels
of education accessible to
the general masses, with
primary education
compulsory and free for
all.

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 Right to take part in cultural life of the
community. Right of every person to
equal access to cultural opportunities
 Right to enjoy the fruits of scientific
progress. Freedom to pursue scientific
research and creative activity.
 Right to own property, in sole ownership or
in association with others.
Right to benefit from his/her authorship of
scientific, literary, intellectual and artistic
creation.
 Right to equal access to public service.
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 CHR
POWERS, FUNCTIONS
& MISCONCEPTIONS
Sec. 18. The Commission on Human Rights
shall have the following powers
and functions:

1) Investigate, on its own or on complaint by

any party, all forms of human rights
violations involving civil and political
rights;

2) Adopt its operational guidelines and rules

of procedures, 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;

4) Exercise visitorial powers over jails,

prisons, or detentions facilities;

5) Establish a continuing program of research,

education, and information to enhance
respect for the privacy of human rights;
6) Recommend to the 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;
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.
Under Chapter VI Section 39 of RA 9710
(Magna of Women):

 Designates the Commission on Human

Rights as Gender and Development
(GAD) Ombud, to act on investigations
and complaints of discrimination and
violations of women's rights
Under Section 7 of RA 9745 (Anti-Torture Act of
2009):
 In which case, the Philippine National Police (PNP), the Armed
Forces of the Philippines (AFP) and other law enforcement agencies
concerned shall make an updated list of all detention centers and
facilities under their respective jurisdictions with the corresponding
data on the prisoners or detainees incarcerated or detained therein
such as, among others, names, date of arrest and incarceration, and
the crime or offense committed. This list shall be made available to
the public at all times, with a copy of the complete list available at
the respective national headquarters of the PNP and AFP. A copy of
the complete list shall likewise be submitted by the PNP, AFP and all
other law enforcement agencies to the Commission on Human
Rights (CHR), such list to be periodically updated, by the same
agencies, within the first five (5) days of every month at the
minimum. Every regional office of the PNP, AFP and other law
enforcement agencies shall also maintain a similar list far all
detainees and detention facilities within their respective areas, and
shall make the same available to the public at all times at their
respective regional headquarters, and submit a copy, updated in the
same manner provided above, to the respective regional offices of
the CHR.
Under Section 55 of RA 9372 (Human
Security Act of 2007):
The Commission on Human Rights shall:
a. Give the highest priority to the investigation
and prosecution of violations of civil and
political rights of persons in relation to the
implementation of the HSA; and
b. Have concurrent jurisdiction to prosecute
public officials, law enforcers, and other
persons who may have violated the civil and
political rights of persons suspected of,
accused of, or detained for the crime of
terrorism or conspiracy to commit terrorism.
 MISCONCEPTIONS ON HUMAN
RIGHTS and HR GROUPS
 CHR was created to run after the military.
It was during the Aquino
administration when the Presidential
Commission on Human Rights was born.
However, after the approval of the 1987
Constitution, it was renamed as the
Commission on Human Rights (CHR).
Since then, the CHR has been viewed as a
homogenous group comprised of activist
& cause-oriented groups who fight for the
protection of human rights.
 So-called human rights groups (like TFDP
and TFK) and CHR are viewed as a
homogenous group.
Even soldiers tend to
directly associate HR activist with
CHR agents thus viewing the human
rights groups and the government
agency as one. This feeling is also
common to people in the barangays
who cannot also distinguish between
the two groups who apparently
perform the same task.
 CHR has the power to prosecute and
send suspects to prison.
As opposed to this wrong
notion, the CHR basically serves as an
independent fact-finding body & does not
have the power to prosecute. After an
investigation, the CHR may only
recommend to the courts or to concerned
agencies the filing of appropriate charges
against the suspected respondents.
Lately, however, the Dept. of Justice (DOJ)
has deputized CHR lawyers to act as
special prosecutors for child cases and
other specific cases on regional and
national scale.
 CHR is anti-military and
pro-communists.
The misconception that the CHR &
activist groups are one & the same results to
another misconception that the CHR is
against the military & in favor of the
communists. The CHR, in truth, is an
independent, disinterested office legally
mandated to: (a) investigate on its own or
upon complaint by any party, all forms of HR
violations involving civil & political rights (not
exempting the military); and, (b) monitor the
Phil. Govt’s compliance with int’l treaty
obligations of HR.
 An HR Case Is The End of One’s
Career.

Being investigated by
CHR agents does not mean being
charged and prosecuted. The CHR
is only a special investigation
body. The resolution of a criminal
case is still the duty of the
judiciary, administrative office or
agency.
 Enemy forces are always the
victims.
These seems to be a
sentiment that looks like, if the victim
is NPA, it is a violation of “human
rights”. If the victim is a military
soldier, “it is all right”. Unlike
soldiers, no insurgent was ever
investigated by CHR since subpoena
cannot be served to those who have
“No Permanent Address” or NPAs.
Dacal pung salamat
at mayap a abak
queco ngan!
CHR REGIONAL OFFICE NO 3
3/F Kehyeng Building, Dolores
City of San Fernando, Pampanga
(045) 961-8577 / 961-4830
chrreg3@yahoo.com / chrreg3@gmail.com