Human rights in the Philippines

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Human rights in the Philippines pertains to the concept, practice of human rights within
the Philippine archipelago. The concept of "human rights," in the context of the Philippines, pertains mainly (but
is not limited) to the civil and political rights of a person[1] living in the Philippines by reason of the 1987
Philippines Constitution.[2] Human rights are a justified set of claims that set moral standards to members of the
human race, not exclusive to a specific community or citizenship.[3] Membership in the human race is the sole
qualification to obtain these rights.[3] Human rights, unlike area-specific conventions of international
laws (e.g. European Convention on Human Rights and International Covenant on Civil and Political Rights and
on Economic, Social and Cultural Rights),[3] are universally justifiable as it pertains to the entire human race,
regardless of geographical location.[3]
The Philippines is a signatory to the Universal Declaration of Human Rights (UDHR) drafted by the United
Nations (UN) in the 1948.[4] The Universal Declaration of Human Rights was adopted, alongside the Genocide
Convention and the Convention on the Elimination of All Forms of Racial Discrimination, by the United Nations
in response to the tragic and horrendous violations of human rights during the Second World War.[5] The United
Nations Charter, a treaty, was created in order to define what roles, powers, and duties the United Nations is
allowed to practice in dealing with international relations. Article I of the UN Charter states that the UN aims:
"To achieve international co-operation in solving international problems of an economic, social, cultural, or
humanitarian character, and in promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion;"[6]
According to the Charter, the jurisdiction of the United Nations is to provide cooperation among the nations, and
not act as an international government. The UN Charter paved the way for the drafting of the UDHR. The UDHR
aims to promote "universal respect for, and the observance of, human rights."[5] Thus, the UDHR is merely a
declaration for each signatory to adopt to its own political system. The significance of the UDHR as stated in its
Preamble is:
"Whereas a common understanding of these rights and freedoms is of the greatest importance for the full
realization of this pledge."[4]
As a signatory to the UDHR, the Philippines then declares an understanding and adherence of these fundamental
and inalienable rights to its population. The Philippines has adhered to the UDHR through the Bill of Rights,
and continued to create laws and policies that cater to a specific sector, like the Labor Code and the Indigenous
Peoples' Rights.

Practices of human rights[edit]

Torture[edit]
As of 2017, numerous sources had reported that torture was being practiced by police and other security
forces.[7][8][9][10][11]

Labor code[edit]
Prior to the Marcos Martial Law Era in the Philippines, all labor laws were not codified.[12] President Marcos
tasked a committee from the then-called Department of Labor (now the Department of Labor and Employment or
DOLE) to consolidate all the existing labor laws of the Philippines. The committee was composed of: Amado
G. Inciong, the then Undersecretary of Labor, acting as the chairman of the committee, Director Ricardo Castro,
the head of the subcommittee on Labor Relations, Director Diego Atienza, the head of the subcommittee on
Labor Standards, and Director Rony Diaz, the head of the subcommittee on Employment and Training. The
result was Presidential Decree No. 442 ("PD 442") or "A Decree Instituting the Labor Code and Consolidating
Labor and Social Laws to Afford Protection to Labor, Promote Employment and Human Resources
Development and Insure the Industrial Peace Based on Social Justice," otherwise known as the "Labor Code of
the Philippines". The consolidation was finished on 1 May 1974 and took effect on 1 November 1974.[13]
The Labor Code is the legal code governing employment practices and labor relations in the Philippines. The
Labor Code stipulates standards in terms of wages and monetary benefits, hours of work, leaves, rest days,
holiday pays, and benefits, among others.
Wages and monetary benefits[edit]

Taken from Labor Advisory No. 12 Series of 2013: Payment of Thirteenth Month Pay

1. Minimum Wage
o Remunerations or earnings paid by an employer to an employee for service rendered are called
wages. Article 99 of the Labor Code of the Philippines stipulates that an employer may go over
but never below minimum wage. Paying below the minimum wage is illegal.[14] The Regional
Tripartite Wages and Productivity Boards is the body that sets the amount for the minimum wage.
As in the case of the Philippines, the minimum wage of a worker depends on where he works.
2. Thirteenth Month Pay
o According to Presidential Decree No. 851, an employer is mandated by law to give his employees
thirteenth month pay. The thirteenth month pay required by law should not be less than one twelfth
of the total basic salary earned by an employee within a calendar year.[15] The thirteenth month pay
is exempted from being taxed by the government. The photo below is from the Department of
Labor and Employment which shows the computation of a hypothetical thirteenth month pay.
3. Retirement Pay
o Article 287 of the Philippine Labor Code states that, the retiring age of an employee is sixty (60)
years or more but not beyond sixty-five (65) years. The retiring employee who has served at least
five (5) years in the said establishment shall be entitled to retirement pay equivalent to at least one-
half (1/2) month salary for every year of service, a fraction of at least six months being considered
as one whole year.[14] "The term 'one-half month salary' shall mean fifteen (15) days plus one
twelfth (1/12) of the thirteenth month pay and the cash equivalent of not more than five (5) days
of service incentive leaves."[14]
Hours of work[edit]

1. Normal Hours of Work

o Article 83 and 84 of the Philippine Labor Code, the normal hours of work of an employee shall
not exceed eight (8) hours a day. Hours worked shall include all time that an employee is required
to be in the workplace and all time during which an employee is permitted to work. Short breaks
during working hours shall be counted as hours worked.[14]
2. Overtime Work
o Article 87 of the Philippine Labor Code states that any work that exceeds eight (8) hours is
considered overtime work. This is legal provided that the employee is paid for the overtime work.
The computation for the wage is his regular wage plus at least twenty-five percent (25%) of his
hourly wage. Work performed beyond eight hours on a holiday or rest day shall be paid an
additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus
at least thirty percent (30%) thereof.[14]
3. Night Shift Differential
o Article 86 of the Philippine Labor Code explains that the night shift is between ten o'clock in the
evening and six o'clock in the morning. A night shift differential is payment of not less than ten
percent (10%) of the regular hourly wage of an employee for each hour of work performed during
this time period.[14]
Rest days[edit]

1. Weekly Rest Day

o An employer is required to provide each of his employees a rest period of not less than twenty-
four (24) consecutive hours after every six (6) consecutive normal work days, as stated in Article
91 of the Philippine Labor Code. The employer shall determine and schedule the weekly rest day
of his employees. He must respect the preference of employees as to their weekly rest day when
such preference is based on religious grounds.[14]
o If an employer requires his employee to work on his scheduled rest day, he shall be paid an
additional compensation of at least thirty percent (30%) of his regular wage.[14]
 o If the employee has no regular work days or rest days, and he is required by his employer to work
on a Sunday and on a holiday, he shall be paid an additional compensation of at least thirty percent
(30%) of his regular wage.[14]
Holiday pay[edit]

1. Special Non-Working Holiday Pay

o If an employee works on 21 August, Ninoy Aquino Day, 1 November, All Saints Day, and/or 31
December, Last Day of the year, his wage will be:
 for first eight (8) hours of work - plus thirty percent (30%) of the daily rate
 for excess of eight (8) hours of work - plus thirty percent (30%) of hourly rate on said day
o If an employee works on 21 August, Ninoy Aquino Day, 1 November, All Saints Day, and/or 31
December, Last Day of the Year and it falls under his rest day, his wage will be
 for the first eight (8) hours of work - plus fifty percent (50%) of the daily rate
 excess of eight (8) hours of work - plus thirty percent (30%) of hourly rate on said day
2. Regular Holiday Pay
o Article 93 and 94 of the Philippine Labor Code states that a worker shall be paid his regular daily
wage during regular holidays whether or not the employee goes to work. The employer can require
an employee to work on any holiday but the employee must be paid an amount double his regular
wage.[14]
o If the holiday falls under the employee's rest day, and he decides to work, his wage for the first
eight (8) hours of his work will be doubled. If he works for more than eight (8) hours, then thirty
percent (30%) of his hourly rate will be added to his wage for that day.
o The regular holidays according to EO 292 as amended by RA 9849 are as follows:
 New Year - 1 January
 Maundy Thursday - Movable Date
 Good Friday - Movable Date
 Araw ng Kagitingan - 9 April
 Labor Day - 1 May
 Independence Day - 12 June
 National Heroes Day - Last Monday of August
 Bonifacio Day - 30 November
 Eid'l Fitr - Movable Date
 Eid'l Adha - Movable Date
 Christmas Day - 25 December
 Rizal Day - 30 December
Leave[edit]

1. Service Incentive Leave

o Article 95 of the Philippine Labor Code states that if an employee has given at least one (1) year
of service, he shall be entitled to a yearly service incentive leave of five (5) days with pay.[14]
2. Paternity Leave
o The paternity leave is not found in the Labor Code. The basis for the paternity leave is Republic
Act No. 8187, otherwise known as the "Paternity Leave Act of 1996". RA 8187 states that a married
male employee is allowed to take 7 days off work with full pay for the first four deliveries.
3. Maternity Leave
o Republic Act No. 7322 states that a pregnant employee who has paid at least three monthly
maternity contributions to the Social Security System in the twelve-month period preceding the
semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a
daily maternity benefit equivalent to one hundred percent (100%) of her present basic salary,
allowances and other benefits or the cash equivalent of such benefits for sixty (60) for normal
delivery a seventy-eight (78) for caesarian delivery.[16]
o The maternity leave can be extended without pay if any illness medically certified are to come as
a result of the pregnancy, delivery, abortion, or miscarriage which leaves the woman unfit to
work.[14]
o As with the paternity leave, the maternity leave is only valid for the first four deliveries.
Employment of women[edit]

1. Facilities for Women

o Article 132 of the Labor Code of the Philippines requires employers to:
 
Provide seats proper for women and let them use these seats when they are free from work or
during work hours provided that they can perform their duties in this position without
sacrificing efficiency.
 Establish separate toilet rooms for men and women and provide at least a dressing room for
women.
 Establish a nursery in a workplace for the benefit of women employees.
 Determine appropriate minimum age and other standards for retirement or termination in
special occupations such as those of flight attendants and the like.[14]
2. Discrimination
o Article 134 of the Labor Code of the Philippines states that a woman cannot be paid a lesser
compensation than a man for work of equal value.
o Favoring a male employee over a female employee with regard to promotion, training
opportunities, study, scholarship grants based on only their sexes is also illegal.[14]
3. Prohibited Acts
o Based on Article 137 the employer is not allowed to:
 Deprive any woman employee of any of the benefits mentioned above and in Articles 130-
136 of the Labor Code or to terminate any woman employee for the purpose of stopping her
from enjoying said benefits.
 Terminate a woman because of her pregnancy while on leave or in confinement due to it.
 Discharge or refuse the admission of such woman from returning to her work for fear that she
may again be pregnant.[14]
Employment and termination[edit]

1. Security of Tenure
o Article 279 of the Labor code discusses that if an employee is already a regular employee, the
employer cannot terminate his services without just cause and due process. An employee unjustly
dismissed from work can return to it without any losses of benefits, privileges, and allowances
from the time he was unjustly dismissed to the time of his actual return.[14]
2. Regular and Casual Employment
o An employee will be considered a regular employee if he has been able to performs tasks that are
necessary in the business or trade of the employer, except when the employee was hired for a
specific project and its completion also signifies the employee's termination and if the nature of
work or services is seasonal and the employment is for the duration of the season. The employment
is said to be casual if his nature of work has not been covered by the aforementioned sentences.
After a year of rendering service, whether continuous or not, an employee shall be deemed regular,
as stated by Article 280 of the Philippine Labor Code.[14]
3. Probationary Employment
o Article 281 of the Labor Code states that probationary employment should not go over six (6)
months unless it is under an apprenticeship agreement stipulating a longer period. An employee
who continues to work after the probationary period will be considered a regular employee. A
probationary employee may be discharged for a just cause or when he fails to qualify as a regular
employee.[14]
Benefits[edit]

1. Social Security Benefits

o According to RA 1161, as amended by RA 8282, "The Social Security Program provides a package
of benefits in the event of death, disability, sickness, maternity, and old age. Basically, the Social
Security System (SSS) provides for a replacement of income lost on account of the aforementioned
contingencies."[17] A worker, whether regular or casually employed is entitled to these benefits.
2. PhilHealth Benefits
o According to RA 7875, as amended by RA 9241, "The National Health Insurance Program
(NHIP), formerly known as Medicare, is a health insurance program for SSS members and their
dependents whereby the healthy subsidize the sick who may find themselves in need of financial
assistance when they get hospitalized."[17]Employees of the public and private sector are covered
by these benefits.
Indigenous peoples' rights[edit]
The Indigenous Peoples' Rights Act[edit]
The Indigenous Peoples’ Rights Act of 1997 recognized and promoted the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICC/IPs) enumerated within the framework of the Constitution. It committed
the State to recognize and promote the rights of ICCs/IPs to:
 Protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well
being and shall recognize the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain;
 Recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and
institutions. It shall consider these rights in the formulation of national laws and policies;
 Guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure of human
rights and freedoms without distinction or discrimination;
 Take measures, with the participation of the ICCs/IPs concerned, to protect their rights and guarantee respect
for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the
rights and opportunities which national laws and regulations grant to other members of the population.
It declared that the State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural
integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services
of ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities.[18]

Violations against human rights[edit]

Marcos administration (1965 - 1986)[edit]
On 21 September 1972, then President Ferdinand Marcos declared Martial Law in the Philippines.[19] Marcos
gave the armed forces the power to "prevent or suppress… any act of insurrection or rebellion" which
compromised the people's rights.[20] A total of 398 disappearances, 1,388 extrajudicial killings, and 1,499 killed
or wounded in massacres were recorded but not every victim was accounted for.[19]
After the declaration of Martial Law, Marcos issued six (6) general orders and an instruction to close privately
owned media facilities. The Press Secretary, Francisco Tatad, and Secretary for National Defense, Juan Ponce
Enrile, were ordered by Marcos "to take over and control or cause the taking over and control of all such
newspapers, magazines, radio and television facilities and all other media communications..."[21] The information
released to the public was highly censored and prevented journalists from releasing any suspicious information
about the administration. Failure to abide would lead to arrest.
The assassination of Senator Benigno "Ninoy" Aquino triggered the peaceful 1986 EDSA People Power
Revolution, led by Aquino's wife, Corazon "Cory" Aquino. The peaceful revolution united the nation in a call
against Marcos to uphold their human rights. It led to the abolition of Martial Law (de facto abolished in 1981[22]),
the exile of the Marcos family, as well as Cory Aquino's rise to the presidency.[23]

Arroyo administration (2001 - 2010)[edit]

The Arroyo Administration was riddled by its several issues on several forms of violations against human rights.
Most of these which include the increase in military power and presence, especially in Muslim
Mindanao.[24] Philip Alston, a UN Rapporteur, published Promotion and Protection of all Human Rights, Civil,
Political, Economic, Social and Cultural Rights, including the Right To Development in 2008 that chronicled
and reported the situation he had found while in the Philippines.[24] Many incidents of extrajudicial killings were
linked to this report, most notable of which is Sichi Bustamante-Gandinao, who was a direct testimony of the
abuses concerning the military.
Sichi Bustamante-Gandinao[edit]
Sichi Bustamante-Gandinao was a peasant organizer in Salay, Misamis Oriental.[24] She was the chairman of the
Misamis Oriental Farmers Organization and the coordinator of the party list group called Bayan Muna. She was
also an outspoken critic of the actions the Citizens' Armed Force Geographical Unit or CAFGU, and how they
disrupt the relatively peaceful communities in Misamis Oriental.[25] Philip Alston was a UN Rapporteur, who had
Gandinao as a testimony to the extrajudicial killings, and other violations of human rights the military was
practicing, whether it was the military is contested by the Military.[24][25][26] The Alston report was published in
2008, which highlighted these abuses through the United Nations General Assembly.[26] On the March 2007,
however, Gandinao, together with her husband and daughter, was walking home after a day of doing farm work.
Gandinao was then shot four times by two men on a motorcycle heading towards a nearby military camp, while
Gandinao's family helplessly watched the attack.[24][25] The local officials and passers-by all told Gandinao's
husband and daughter that they were too busy to tend to the bleeding Gandinao.[25] According to reports, after
two hours of bleeding profusely, the assailants went back to the scene of the crime and even watched the entire
ordeal of Gandinao.[24][25] Her husband had to carry her to the Cagayan de Oro ambulance, which took another
hour to get to the actual hospital. In the Cagayan de Oro hospital, Gandinao was pronounced dead on arrival.[24][25]
Vigilantism and death squad[edit]
According to the Alston report, the presence of "vigilantism" and Death Squad in Davao has been a
commonplace occurrence, and has been going on for some time now, prior to his visit in the Philippines from
2006 to 2007.[26] The Death Squad, however, operate with no intention of hiding their identities, and in broad
daylight. Davao Mayor Rodrigo Duterte has held office, aside from a brief stint as a congressman, since 1988.
Rodrigo Duterte is known for his strict, anti-criminal approach in governing Davao City.[27] However, in the same
report, Rodrigo Duterte has admitted that hundreds of unsolved murders were committed during his time as
mayor, and that he takes for "full responsibility" of it.[26] When Duterte was first elected as mayor, he faced a
Davao with problems like rampant youth gangs, the New Peoples' Army (NPA) killing policemen routinely, and
crime.[26][26] The Davao Death Squad (DDS) has had over 500 victims since 1998; killing targets in public and in
broad daylight.[26] These executions were a response to petty crimes, and targets are sent warnings explaining
why they are targeted by the DDS.[26] It was, however, noted that during Duterte's term as mayor, criminal activity
has decreased significantly. It should also be noted, however, that there are hundreds of unsolved murders.[26]

Benigno Aquino Administration (2010 - 2016)[edit]

On 30 June 2010, Benigno Aquino III was sworn into office as the President of the Philippines.[28] Notable acts
during his term include the implementation of the K-12 program, the revocation of midnight appointments, the
founding of the Philippine Truth Commission, the creation of agencies such as the Philippine Statistics Authority
(PSA), and the framing of the Bangsamoro Basic Law. The administration vowed to eradicate corruption within
the government system, but has yet to resolve such cases as those regarding Hacienda Luisita[29] and the Priority
Development Assistance Fund (PDAF) scam. Listed below are the cases of human rights violations under the
second Aquino administration:
Journalist killings[edit]
The number of journalist killings under the Aquino administration has been noted to be the highest since
1986.[30] Because of this, the Philippines has been ranked by CNN as the third deadliest country for
journalists.[31] Information about disappearances and murders of reporters are kept from the public, making
several agencies/organizations as well as whistleblowers at risk of exposure to harm. Some of the well-known
journalists killed in their line of work during the Aquino government include: Henry Araneta, Desidario
Camangyan, Joselito Agustin, Gerardo Ortega, Romeo Olea, Christopher Guarin, Mario Sy, Fernando Solijon,
Joas Dignos, and Rubylita Garcia.[32] According to the 2014 Human Rights Watch Report, only 6 out of 26 cases
managed to identify/capture their suspects.
The Aquino administration implemented reforms towards more effective criminal investigation procedures, in
addition to passing laws to better uphold human rights. However, these reforms are underdeveloped. An example
is Administration Order 35, which acquired problems in identifying which case to pursue due to the process
requirements.[33]

Duterte administration (2016 - present)[edit]

Extrajudicial killings of suspected drug suspects[citation needed] A day after Rodrigo Duterte sworn into office as
president, the Philippines' human rights record has rapidly deteriorated and extrajudicial killings related to illegal
drug trade rose dramatically, now making the Philippines a country with one of the worst human rights records
in the world. With the vigilante killings becoming rampant, the Citizen's Council for Human Rights (CCHR)
asked President Duterte to initiate measures to stop the surge of extrajudicial killings.[34]
The killing of Larry Que on 20 December 2016 was the first recorded media-related killing under the
administration of President Rodrigo Duterte. Shortly before becoming president Duterte said, "Just because
you're a journalist you are not exempted from assassination, if you're a son of a bitch. Freedom of expression
cannot help you if you have done something wrong."[35] Recognising the danger to journalists the president
established the Presidential Task Force on Violations of the Right to Life, Liberty and Security of the Members
of the Media in October 2016, just two months before the death of Que. In March 2018, Filipino deaths related
to the Philippine Drug War peaked at 20,000 people, which was equivalent to the entire population of a rural
municipality.[36]

Human rights initiative[edit]

Government[edit]
Department Of Justice[edit]
The Department of Justice of the Philippine Government is its principal law agency. It derives its mandate
primarily from the Administrative Code of 1987 (Executive Order No. 292).[37] It carries out this mandate through
the Department Proper and the Department's attached agencies under the direct control and supervision of the
Secretary of Justice.
The DOJ, through its offices and constituent/attached agencies, is also the government's legal counsel and
representative in litigations and proceedings requiring the services of a Lawyer; implements the Philippines'
laws on the admission and stay of aliens within its territory; and provides free legal services to indigent and other
qualified citizens.[38]
Functions[edit]
As the principal law agency of the Philippines, the Department of Justice carries out specific functions in order
to fulfill its basic functions

1. Administration of the Criminal Justice System

o The DOJ investigates the commission of crimes and prosecutes offenders through the National
Bureau of Investigation (NBI) and the National Prosecution Service (NPS), respectively. The DOJ
administers the probation and correction system of the country through the Bureau of Corrections
(BuCor), the Board of Pardons and Parole (BPP) and the Parole and Probation Administration
(PPA).
2. Legal Counsel of Government
o The DOJ, through the Office of the Solicitor General (OSG) and the Office of the Government
Corporate Counsel (OGCC), acts as the legal representative of the Government of the Philippines,
its agencies and instrumentalities including government owned and controlled corporations and
their subsidiaries, officials and agents in any proceeding, investigation or matter requiring the
services of a lawyer.
3. Provision of Free Legal Assistance
o The DOJ provides free legal assistance/representation to indigents and poor litigants as well as
other qualified persons in criminal, civil, and labor cases, administrative and other quasi-judicial
proceedings and non-commercial disputes through the Public Attorney's Office (PAO) pursuant
to Republic act No. 9406.
4. Alternative Dispute Resolution
o The Alternative Dispute Resolution Act of 2004 (RA 9285) created the Office for Alternative
Dispute Resolution (OADR), which is an agency attached to the DOJ which function is to promote,
develop and expand the use of alternative dispute resolution in civil and commercial disputes.
5. Other Functions
1. Witness protection - The Witness Protection, Security and Benefit Act (R.A. 6981), mandates
the DOJ to formulate and implement a Witness Protection, Security and Benefit Program for
the admission and protection of witnesses.
2. Anti Human trafficking - The Anti-Trafficking in Persons Act of 2003 (R.A. 9208), mandates
the prosecution of persons accused of human trafficking and for that purpose, created the Inter-
Agency Council Against Trafficking (IACAT).
3. Rape Victim Assistance and Protection - The Rape Victim Assistance and Protection Act of
1998 (RA 8505), mandated the DOJ to participate in inter-agency efforts to establish Rape
Crisis Centers in every city or province for the purpose of rendering assistance to rape victims.
4. Anti-Child Pornography - The Anti-Child Pornography Act of 2009 (R.A. 9775), designates
the Secretary of Justice as member of Inter-Agency Council Against Child Pornography that
is tasked to coordinate, monitor and oversee the implementation of Anti-Child Pornography
Act
Organizational structure[edit]
The Department of Justice is headed by the Secretary of Justice, assisted by four (4) Undersecretaries and two
(2) Assistant Secretaries. Within the office of the Secretary of Justice is a prosecution staff which is composed
of prosecuting officers and headed by a Prosecutor General. Among other functions, the prosecution staff assists
the Secretary of justice in his/her appellate jurisdiction and conducts the preliminary investigation and
prosecution of criminal cases involving national security, those for which task forces have been created and
criminal cases whose venues are transferred to avoid miscarriage of justice, all when so directed by the Secretary
of Justice as public interest may require.

 National Prosecution Service

 Legal Staff
 Office for Competition
 Office of Cybercrime
 Planning and Management Service
 Financial Service
 Administrative Service
 Technical Staff
 Internal Audit Service
Programs[edit]
The Department of Justice heads a number of projects, among others are as follows;

1. Child Protection Program

 o The Child Protection program implemented the Special Committee for Child Protection which is
a body charged with monitoring the implementation of The Special Protection For a Child Against
Abuse, Exploitation, and Discrimination Act (R.A. 7610). Which protects a child who is below 18
years of age or one who is over 18 years of age but who cannot take care of himself fully because
of a physical or mental disability or condition from abuse.
2. Criminal Code Committee
o The purpose of the Criminal Code Committee is to form a new Criminal Code of the Philippines
that is updated, modern, simplified, responsive and truly Filipino, in order to improve the
administration of justice in the country and enhance access to justice of the poor and other
marginalized sectors.. It is composed of representatives from the executive, legislative and judicial
branches of government[39]
3. DOJ Action Center
o The Department of Justice Action Center acts on complaints, requests for legal assistance and
queries of walk-in clients as well as over the telephone. Any caller can talk to a lawyer or paralegal
officer who can render him assistance.
4. Juvenile Justice and Welfare
o The Secretary of Justice is in charge of supervising the implementation of the Juvenile Justice and
Welfare Act of 2006. (R.A. 9344). This act covers the different stages involving children at risk
and children in conflict with the law from prevention to rehabilitation and reintegration.
5. Office of Cybercrime
o The Office of Cybercrime is in charge of implementing the Cybercrime Prevention Act of 2012
(R.A. 10175).
Commission on Human Rights[edit]
The Commission on Human Rights (CHR) is an independent office created by Section 18, Article XIII of
the Philippine Constitution, with the primary function of investigating all forms of human rights violations
involving civil and political rights in the Philippines. The Commission is composed of a Chairperson and four
members, majority of which must be lawyers under the 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 appropriate legal measures for the
protection of human rights of all criminals within the Philippines, and several other powers in relation to the
protection of human rights.
Programs[edit]
The CHR is in charge of the following programs;[40]

1. Human Rights Protection Program.

o The Human Rights Protection Program implemented the Legal and Investigation Office which
provides legal aid and counseling services; conducts monitoring of cases/complaints with
concerned agencies; conducts rights based public inquiry on issues and concerns of marginalized
and disadvantage sectors; and conducts studies to establish certain human rights
conditions/situations affecting human development for the adoption of policies, programs and
measures for the promotion of human rights. The Legal and Investigation Office also provides
appropriate human rights investigative interventions; medico-legal services; conducts alternative
dispute resolution of cases thru mediation; quick reaction activities; fact finding missions; rights
based situation tracking and rights based investigative monitoring.
2. The Human Rights Education Teaching Exemplars.
o The CHR established linkages and collaboration efforts with the Department of Education with
this effort, the two agencies forged a Joint of Declaration of Undertaking (JDU) in 1992 and a
Memorandum of Agreement (MOA) in 1996 which provided development of human rights
education curriculum for integration across the two levels of education. To implement the main
provision of the Memorandum of Agreement, a joint project was undertaken entitled: Writing
Workshop in the Development of Human Rights Education Teaching Exemplars for the
Elementary and the Secondary Levels.
3. Human Rights Linkages Development and Strategic Planning.
o The CHR established a Legislative and Program Division which is in charge of monitoring bills
with human rights implications filed in Congress and coordinating in the preparation of the CHRP
position on proposed measures. The LPD has participated in almost all committee hearings and
Technical Working Group meetings in both houses of Congress and in such other fora on matters
with human rights implications. Right to Development Program. A system of developing and
monitoring rights-based programs and measures across institutions aimed at creating enabling
environment for poverty reduction linked with the nine (9) components of good governance as
follows: Electoral and Political Reforms, Right to Development, Judicial Reform, Anti-Corruption,
 Governance Review, Civil Service & Economic Management, Globalization and Corporate
Citizenship, Decentralization & Local Governance.
Labor[edit]
Department of Labor and Employment[edit]
Main article: Department of Labor and Employment (Philippines)
The DOLE was originally named the Bureau of Labor on 18 June 1908 under the Department of Commerce and
Police. It was renamed and founded as the Department of Labor on 8 December 1933 as mandated by Legislative
Act No. 4121. After a complete internal restructuring in 1982, it was renamed the Department of Labor and
Employment.[41] It concerns itself with the protection and welfare of Filipino workers both in the country as well
as abroad, and responds accordingly to socio-political and economic challenges that would affect the workers.
DOLE is also mandated to create policies and programs as an arm of the Executive Branch in its field of
concern.[41] It has set up a number of offices and agencies: 16 regional offices, 83 field offices, 4 satellite offices,
28 overseas posts, 6 bureaus, 7 staff services, and 11 attached agencies. These subgroups are tasked to closely
monitor and coordinate the implementation of policies and programs.[41]
Major final outputs[edit]
There are seven major services offered by DOLE, namely:[42]

1. Job Search Assistance Services to assist jobseekers opting for wage employment. The service aims to
provide employment guidance and counseling, job referral and facilitation, and timely and accurate
jobs and skills description.
2. Capacity Building Services for Livelihood and Employability of Workers in the Informal and other
Specific Sectors to assist the marginalized and disadvantaged workers—informal sector workers,
returning OFWs, indigent students and out-of-school youth—by providing skills and entrepreneurship
training; access to livelihood opportunities and development, and employment interventions.
3. Social Partnership Promotion and Dispute Resolution Services to minimize lost working days of
workers in formal employment. These lost working days should be a result of avoidance, settlement,
and disposition concerns.
4. Skills Competency, Productivity Training Tech-Voc Education Services to aid the unemployed and
underemployed with vocational and technical skills to adapt to the demands of a fluctuating labor
market. They provide training and information on productivity technologies.
5. Services to Saveguard Fair and Just Terms and Conditions of Employment to effectively enforce
standards of labor through education, advocacy, inspection, and verification of all required documents.
6. Social Protection and Welfare Services for Workers in the Informal and Other Specific Sectors to aid
workers not usually covered by the protection of government laws. This is done through DOLE'S Social
Protection Program.
7. Work Accident/Illnesses Prevention, Work Compensation and Rehabilitation Services to reduce the
number of accidents, injuries, and illnesses caused by labor. These services provide compensation and
rehabilitation for occupationally disabled workers.
DOLE, with the International Labour Organization (ILO), was a major contributor to the adoption of
the Convention on Decent Work for Domestic Workers, the Maritime Labour Convention of 2006, and The
Kasambahay Law (R.A. 10461).[42]
International Labor Organization[edit]
The International Labor Organization (ILO) is a tripartite organization that started working with the Philippines
in the year 1994.[43] Its vision is as follows:
"The main aims of the ILO are to promote rights at work, encourage decent employment opportunities,
enhance social protection and strengthen dialogue on work-related issues."[44]
The ILO Manila office has been active since its founding, starting with the ratifying of the Workman's
Compensation (Accidents) Convention 17 based on Act. No. 1874 to extend responsibility of employers for
personal injuries and death suffered by employees at work.[45]
Programmes and projects[edit]
Below are a number of the recent programmes and projects by ILO Manila.[46]

1. Decent Work Country Programme (DWCP) is ILO Manila's main project. It was made to support
the country's Labor Employment Program (LEP). The two major priorities are decent jobs for a
competitive Philippines, and improved labor market governance. To achieve this, the ILO will help
strengthen the working capacity of the Philippines and apply international labor conventions to
 constantly update the LEP. The United Nations Development Assistance Framework has listed the
DWCP as ILO Manila's top priority.[47]
2. Infrastructure for Rural Productivity Enhancement Sector (INFRES) Project (4 June 2001 – 31
December 2006) was completed to improve their living conditions, poor people require access to
employment and basic goods and services. The poor can improve their situation through national
and local investment in infrastructure that provides jobs.
3. ILO-IPEC Project in support of the Philippine Time-Bound Programme (2 September 2002 – 31
August 2007) was the first and most significant contribution toward the elimination of the worst
forms of child labour. It has been designed to leverage resources, and to link up with national and
international programs for the benefit of Filipino boys and girls.
4. Strategies and Tools Against Social Exclusion and Poverty (STEP) (1 January 2003 – 1 June 2005)
aimed to provide better quality of life to informal economy workers and their families through
better access to health care. This is a donor project from the Government of Norway.
5. Protecting Domestic Workers against Forced Labour and Trafficking (DOMWORK) (3 May 2004
– 31 December 2006) was a programme on the regulation and condition of Filipino domestic
workers. They plan to empower domestic workers on their rights as well as reduce the cases of
abuse.
"Through discussions on gender equality, the ILO noted that problems had deepened for the most
vulnerable, including women in domestic work. Yet while the global economic downturn has
contributed to aggravating their vulnerabilities, domestic workers are beginning to realize gains through
changes in public attitude."

1. Tripartite Action for the Protection and Promotion of the Rights of Migrant Workers in the
ASEAN Region (1 May 2012 – 31 March 2016) is an ongoing ASEAN TRIANGLE project
that aims to significantly reduce the exploitation of labour migrants in the region through
increased legal and safe migration and improved labour protection. This is a donor project
from the Government of Canada.
2. Building the Capacity of the Philippines Labour Inspectorate (15 December 2014 – 14
December 2017) is a collaborative project with DOLE to strengthen its Labour Law
Compliance System (LLCS) by promoting a positive mindset towards work.
Indigenous peoples[edit]
1. National Commission on Indigenous Peoples
o The NCIP was born through the merging of the Office for Northern Cultural Communities
(ONCC), and the Office for Southern Cultural Communities (OSCC) in the year 1997
through RA 8371 or "Indigenous Peoples' Rights Act of 1997". It is a highly specialized
commission with different projects for each region.
2. International Labor Organization
o The International Labor Organization started working with the Philippines in the year
1994. Infrastructure for Rural Productivity Enhancement Sector (INFRES) and
The Indigenous Peoples Development Programme (IPDP) are two of their many
projects.[48]
3. Tebtebba
o Tebtebba is an organization that was established in the year 1996. They have been an
active participant in processes which led to the adoption of international human rights law
and other international instruments, policies and agreements. These include the UN
Declaration on the Rights of Indigenous Peoples (UNDRIP) and the establishment of
spaces within the United Nations, such as the UN Permanent Forum on Indigenous Issues,
among others.[49]
4. Cordillera Peoples Alliance
o The Cordillera Peoples Alliance (CPA) was founded in 1984. Among many other projects
and campaigns, CPA has pushed for regional autonomy, campaigns for the defense of
land, life, and resources, opposed large-scale mining in the Cordillera to save Abra river,
and exposed violations of human rights committed in their region.[50]
5. Kalipunan Ng Mga Katutubong Mamamayanng Pilipinas - KATRIBU (National Federation
of Indigenous Peoples of the Philippines)
o KATRIBU was founded in the year 1987. Previously known as KAMP, KATRIBU aims
for the attainment of land rights and for the formation of allegiances and government of
the indigenous peoples. KATRIBU is currently protesting DMCI’s planned 15-megawatt
coal-fired power plant in Narra, Palawan and the mining policy of the Aquino
administration.[51]
 See also[edit]

 Extrajudicial killings and forced disappearances in the Philippines

 LGBT rights in the Philippines
 Women's rights in the Philippines

The Commission on Human Rights (Filipino: Komisyon sa Karapatang Pantao) (CHR) is an independent
constitutional office created under the 1987 Constitution of the Philippines, with the primary function of
investigating all forms of human rights violations involving civil and political rights in the Philippines.[2]
The Commission is composed of a Chairperson and four members. Commissioners hold a term of office of seven
years without reappointment. The Philippine Constitution requires that a majority of the Commission’s members
must be lawyers. As a National Human Rights Institution, the Commission enjoys Status A accreditation by
the International Coordinating Committee of National Institutions for the Promotion and Protection of Human
Rights. [3]

History[edit]
After the ratification of the 1987 Philippine Constitution on 2 February 1987, which provides for the
establishment of a Commission on Human Rights, President Corazon Aquino, signed Executive Order No. 163
on May 5, 1987, creating the Commission on Human Rights and abolished the Presidential Committee on Human
Rights. [4] The Commission was created as an independent office mandated to investigate complaints of human
rights violations, promote the protection of, respect for and the enhancements of the people's human rights
including civil and political rights.

Duterte administration[edit]
On 24 July 2017 during his State of the Nation Address (SONA), Philippine president Rodrigo Duterte said that
the commission was "better abolished."[5] The CHR responded in a statement that only a change to the 1987
Constitution could possibly abolish it.[6]
On the evening of 12 September 2017, the House of Representatives of the Philippines voted 119-32 to give the
CHR a budget of only ₱1,000 for the entire year of 2018, which, if made law, would effectively abolish the
commission.[7] The commission had reportedly asked Congress for a budget of ₱623,380,000, and it condemned
the vote.[8] As of 13 September 2017, the budget had not been finalized and was still subject to further amendment
before approval by the Senate of the Philippines and by the President.[9] If the Senate rejects the proposed CHR
budget, such action will trigger a bicameral committee made of members of both houses to resolve the
dispute.[10] On 25 September, the House approved by a vote of 223-9 a P3.8-trillion final budget for 2018, which
included P508.5 million for the CHR.[11]

Mandates and functions[edit]

The Commission derives its mandates from the Constitution, relevant domestic laws, and the eight core
International Human Rights Instruments to which the Philippines is a State Party, as well as other United Nations
Human Rights Conventions newly enforced.
Under Section 18, Article XIII of the Philippine Constitution, the Commission's sole duty is to protect the civil
and political rights of citizens in the Philippines.
Based on the Philippine Constitution, the Commission has a broad mandate, which can be categorized into three
major functional areas:

 Human Rights Protection - Investigation and case management of complaints of violations, including all the
powers and services in aid of investigation, of civil and political rights as well as economic, social, and
cultural rights. Such powers and services include: citing for contempt for violations of its rules of procedure;
legal aid and counseling; visitorial powers over jails and detention facilities; application of forensic
techniques in aid of investigation; witness protection; and, financial assistance to victims[12]
 Human Rights Promotion, which includes the wide range of strategies for policy, advocacy, promotion,
social mobilization, education, training, public information, communication, research, networking and
linkages [12]
 Human Rights Policy Advisory derived from monitoring government’s compliance with the treaty
obligations that the Philippines has acceded to: International Covenant on Civil and Political
Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention
Against Torture and Other Degrading Treatment or Punishment (CAT), Convention on the Elimination of
 All Forms of Discrimination Against Women (CEDAW), Convention Against Racial
Discrimination (CERD), Convention on the Rights of the Child (CRC), Convention on the Protection of
Migrant Workers and their Families (CMW); Convention on the Rights of Persons with
Disabilities (CRPD). This also includes the entire aspect of monitoring and evaluating the performance of
the Executive, Legislative, and Judiciary to translate international human rights standards into national
policies, laws, and practice.[12]
The Supreme Court of the Philippines, in Cariño 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.[13]
The Commission on Human Rights 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 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
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;
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
11. Perform such other duties and functions as may be provided by law[14]

Composition[edit]
The chairperson and commissioners of the commission have fixed seven-year terms, with Gascon serving as the
commission's chairperson until May 5, 2022.
Qualifications for CHR chairperson are as follows: [15]

1. A natural-born citizen of the Philippines;

2. At least thirty-five years of age; and
3. Has not been a candidate for any elective position preceding their appointment.

Members of the Commission on Human Rights

Commission Chairperson Commissioners From To Appointed by

Abelardo L.
Aportadera, jr.
Mary Concepcion
Samuel M. Soriano 1987 1992 Corazon Aquino
Bautista
Hesiquio R. Mallillin
Narciso C. Monteiro
1st

Samuel M. Soriano
Sedfrey A. Hesiquio R. Mallillin
1992 1995 Fidel V. Ramos
Ordoñez Narciso C. Monteiro
Paulyn P. Sicam
 Jorge R. Coquia
2nd Vicente P. Sibulo
Mercedes V.
Contreras
Aurora P. Nasser A. 1996 2002
Navarette-Reciña Marohomsalic

Eligio P. Mallari
3rd Dominador N.
Purificacion Calamba II
2002 May 2008
Quisumbing Wilhem D. Soriano
Malik G. Marandang Gloria
Quintin B. Cueto III Macapagal-
Arroyo

Cecilia Rachel V. May 2008 June 30,

Leila de Lima
Quisumbing 2010
Victoria V. Cardona
4th
Norberto Dela Cruz
Jose Manuel S. September 1, May 5,
Etta Rosales Mamauag 2010 2015

Karen Lucia Gomez-

Dumpit Benigno Aquino
Gwendolyn Pimentel- III
Gana
5th Chito Gascon June 18, 2015 Incumbent
Leah Tanodra-
Armamento
Roberto Eugenio
Cadiz

Controversies[edit]
Tenure of Chairperson and Commissioners[edit]
In a Press briefing on July 27, 2017, Presidential Spokesperson Ernesto Abella claimed that the CHR Chairperson
and its commissioners "serve at the pleasure of the president" and that they may be replaced at the President's
pleasure. [16] This claim was based on the Executive Order No. 163-A (issued during the presidency of Corazon
Aquino in 1987) that amended the Section 2, Sub-Paragraph (c of Executive Order No.163, stating that "The
Chairman and Members of the Commission on Human Rights shall beappointed by the President. Their tenure
in office shall be at the pleasure of the President." [17]
However, the said executive order was questioned in the Supreme Court in the case: Bautista v. Salonga, G.R.
No. 86439 on April 13, 1989; leading to the declaration of the said executive order as unconstitutional. Taking
a quote from the said Supreme Court ruling, "Indeed, the Court finds it extremely difficult to conceptualize how
an office conceived and created by the Constitution to be independent as the Commission on Human Rights-and
vested with the delicate and vital functions of investigating violations of human rights, pinpointing responsibility
and recommending sanctions as well as remedial measures therefor, can truly function with independence and
effectiveness, when the tenure in office of its Chairman and Members is made dependent on the pleasure of the
President. Executive Order No. 163-A, being antithetical to the constitutional mandate of independence for the
Commission on Human Rights has to be declared unconstitutional." [18]
CHR as a Constitutional Office[edit]
Under the Article IX of the 1987 Constitution, three constitutional commissions were established namely: the
Commission on Elections (COMELEC), the Civil Service Commission (CSC), and the Commission on Audit
(COA). The Commission on Human Rights (CHR), on the other hand, was created under the Article XIII, Section
17 of the 1987 constitution and the Administrative Code of 1987. [19][20]
In a Resolution of the Supreme Court contained in G.R. No. 155336, it ruled that the CHR is a .."constitutional
body enjoying limited fiscal autonomy..."[21]

External links[edit]

 "Commission on Human Rights of the Philippines - Official Website". Retrieved 23 March 2008.
Jose Diokno
From Wikipedia, the free encyclopedia
Jump to navigationJump to search
In this Philippine name, the middle name or maternal family name is Wright and the surname or paternal family
name is Diokno.

The Honourable

Jose W. Diokno

Detail of the Wall of Remembrance at the Bantayog ng mga Bayani,

showing names from the first batch of Bantayog Honorees, including
that of Ka Pepe Diokno

Senator of the Philippines

In office

December 30, 1963 – September 23, 1972[1]

Secretary of Justice

In office

December 31, 1961 – May 19, 1962

President Diosdado Macapagal

Preceded by Alejo Mabanag

Succeeded by Juan Liwag

Chairman of the Presidential Committee on Human Rights

 In office

1986–1987

Personal details

Born February 26, 1922

Manila, Philippine Islands

Died February 27, 1987 (aged 65)

Quezon City, Metro Manila, Philippines

Nationality Filipino

Political party Nacionalista Party

Spouse(s) Carmen Reyes Icasiano-Diokno

Alma mater De La Salle University

University of Santo Tomas

Occupation Public official

Website diokno.org

Jose "Pepe" Wright Diokno (February 26, 1922 – February 27, 1987) was a Filipino nationalist. He served
as Senator of the Philippines, Secretary of Justice, founding chair of the Commission on Human Rights, and
founder of the Free Legal Assistance Group.
Diokno is the only person to top both the Philippine Bar Examination and the board exam for Certified Public
Accountants (CPA). His career was dedicated to the promotion of human rights, the defense of
Philippine sovereignty, and the enactment pro-Filipino economic legislation.
In 2004, Diokno was posthumously conferred the Order of Lakandula with the rank of Supremo—the
Philippines' highest honor.[2]February 27 is celebrated in the country as Jose W. Diokno Day.[3]

Early life and education[edit]

Jose W. Diokno was born in Manila on Feb. 26, 1922, to Ramon Diokno, a former senator and Justice of
the Supreme Court, and Leonor Wright, an American mestiza of British descent. His grandfather was Ananias
Diokno, a general in the Philippine Revolution and the Philippine-American War.
In 1937, Diokno graduated as valedictorian of his high school class at De La Salle College, Manila, and went on
to study commerce, also at De La Salle University. he graduated from college summa cum laude at age
17. Diokno took the CPA board examinations—for which he had to secure special dispensation, since he was
too young.[4]
After Diokno enrolled in law at the University of Santo Tomas, his studies were interrupted by the outbreak
of World War II. During the war, Diokno continued his education by reading his father's law books. When the
war was over, he was granted a special dispensation by the Supreme Court of the Philippines and allowed to take
the Philippine Bar Examination despite having never completed a law degree.[4]
Secretary of Justice[edit]
See also: Stonehill investigation
Immediately after passing the Bar, Diokno embarked on his law practice, handling and winning high-profile
cases, such as successfully battling libel charges against Manila Mayor Arsenio Lacson, and winning an election
case on behalf of his father, Ramon.
With his reputation as a legal practitioner, in 1961, Diokno was appointed Secretary of Justice by
President Diosdado Macapagal.
In March 1962, Diokno ordered a raid on a firm owned by Harry S. Stonehill, an American businessman who
was suspected of tax evasion and bribing public officials, among other crimes. Diokno's investigation of
Stonehill further revealed corruption within government ranks, and as Secretary of Justice, he prepared to
prosecute those involved. However, President Macapagal intervened, accepting a deal that absolved Stonehill in
exchange for his deportation, then ordering Diokno to resign. Diokno questioned Macapagal's actions, saying,
"How can the government now prosecute the corrupted when it has allowed the corrupter to go?"[5]

Senator[edit]
Months later, Diokno ran for senator under the Nacionalista Party in the 1963 elections, and won.
Senator Diokno became chairman of the Senate Economic Affairs Committee, and worked for the passage of
pro-Filipino legislation, including what is considered to be the most important incentive law in the country, RA
5186, also known as the Investment Incentives Act of 1967, which provides incentives to Filipino investors and
entrepreneurs in order to place control of the Philippine economy in the hands of Filipinos. It also led to the
foundation of the Board of Investments, the premier government agency responsible for propagating investments
in the Philippines.
Diokno then authored RA 6173 or the Oil Industry Commission Act of 1971, which created the Oil Industry
Commission (OIC) to regulate oil pricing from different companies. He also authored Joint Resolution No. 2,
which set the policies for economic development and social progress. In addition to that, he sponsored and co-
authored the Export Incentives Act of 1970 and the Revised Election Law, among many others.
For his performance as legislator, Diokno was named Outstanding Senator by the Philippines Free Press from
1967 to 1970, making him the only legislator to receive the recognition for four successive years.

Martial law[edit]
In the early 1970s, Diokno sensed a shift in the Marcos presidency toward authoritarianism. Diokno and
Ferdinand Marcos were members of the Nacionalista Party, but when Marcos suspended the privilege of the writ
of habeas corpus, Diokno resigned from the party in protest and took to the streets.[4]
Following the Jabidah massacre, where alleged 14 Muslim youths were gunned down in Corregidor by unknown
armed men, Diokno called on the administration to respect its citizens, saying in an oft-quoted speech, "No cause
is more worthy than the cause of human rights... they are what makes a man human. Deny them and you deny
man's humanity."[6]
He was a leading figure in the formation of the Movement of Concerned Citizens for Civil Liberties, which
organized series of protest rallies which it organized from 1871-72.[7] The most massive of these rallies was held
on 21 September 1972, shortly before the imposition of Martial Law by the Marcos dictatorship.[7]
Diokno's second term as senator was cut short on September 21, 1972, when Marcos declared martial law.
Shortly after the declaration, Diokno was arrested by the dictatorship. Six carloads of armed soldiers visited
Diokno at his home to "invite" him for questioning. They had no warrant.[4] Diokno was then brought to Camp
Crame, and later, Fort Bonifacio, where he was detained along with Ninoy Aquino and Chino Roces. Diokno
and Aquino, whom the dictatorship considered their foremost opponents, were later transferred to solitary
confinement in Laur, Nueva Ecija.
Diokno spent nearly two years in detention. No charge was ever filed against him. Diokno was released
arbitrarily on September 11, 1974—Marcos's 57th birthday.

Human rights work[edit]

Immediately after his release, Diokno set up the Free Legal Assistance Group in 1974, which gave free legal
services to the victims of martial law. It was the first and largest association of human rights attorneys ever
assembled in the nation. In court, Diokno personally defended tribal groups, peasants, social workers threatened
by exploitation and military atrocities. He was also involved in documenting cases of torture, summary
execution, and disappearances under the Marcos regime.[4]
Diokno had no fear of being arrested again, and went around and outside the Philippines, spreading a message
of hope and democracy. In another oft-quoted speech, he once quipped:
And so law in the land died. I grieve for it but I do not despair over it. I know, with a certainty no argument can
turn, no wind can shake, that from its dust will rise a new and better law: more just, more human, and more
humane. When that will happen, I know not. That it will happen, I know.[6]

People Power[edit]
After the 1986 People Power Revolution, Diokno was appointed by President Corazon Aquino as founding
chairman of the Presidential Committee on Human Rights, and tasked to lead a government panel to negotiate
for the return of rebel forces to the government folds.
Diokno would be disappointed, however, by the Mendiola massacre of January 22, 1987, where 15 farmers
staging a peaceful rally in Mendiola were gunned down by the military under Aquino. Diokno resigned from his
two government posts in deep disgust and great sadness. His daughter Maris noted that "It was the only time we
saw him near tears."[4]

Death and legacy[edit]

In 1984, even before People Power, Diokno had been diagnosed with terminal lung cancer. He had smoked all
his adult life. Diokno continued to work, despite his illness, until his death on Feb. 27, 1987—one day after his
65th birthday.
Following Diokno's death, President Cory Aquino declared March 2–12, 1987 as a period of national mourning.
Expressing her grief, Aquino said, "Pepe braved the Marcos dictatorship with a dignified and eloquent courage
our country will long remember."[8] She quoted what her husband Ninoy would often tell his friends that he was
"the one man he would unquestioningly follow to the ends of the earth."
In 2004, Diokno was posthumously conferred the Order of Lakandula with the rank of Supremo—the
Philippines' highest honor.[2] February 27 is celebrated in the country as Jose W. Diokno Day.[3]
In 2005, the first ever "Ka Pepe Diokno Champion of Human Rights" award was given to Voltaire Y. Rosales,
Executive Judge of Tanauan, Batangas for his effort in protecting the downtrodden. Subsequent annual awards
have been given to worthy candidates who, in their life and death, fulfilled the values of protecting human rights
just as Senator Diokno.[9]
In 2007, by virtue of Republic Act No. 9468, Bay Boulevard, a 4.38 kilometer road in Pasay and Parañaque cities
was renamed Jose Diokno Boulevard in his honor and memory. In 2017, the Commission on Human
Rights erected a 9- foot statue of Diokno in the CHR compound in Quezon City and the park surrounding it was
named the Diokno Freedom Park.

Personal life and descendants[edit]

Sen. Diokno was married to Carmen Reyes Icasiano-Diokno, with whom he had ten (10) children: Carmen
Leonor, Jose Ramon, Maria de la Paz, Maria Serena, Maria Teresa, Maria Socorro, Jose Miguel, Jose Manuel,
Maria Victoria and Martin Jose.
Maria Serena, or "Maris", a historian, is the former chair of the National Historical Commission of the
Philippines, and former Vice President for Academic Affairs of the University of the Philippines.
Jose Manuel, or "Chel", is a human rights lawyer, Chairman of the Free Legal Assistance Group, Founding Dean
of the De La Salle University College of Law, and former Special Counsel of the Senate Blue Ribbon Committee.
His grandson Jose Lorenzo "Pepe" Diokno is the executive director of alternative education group Rock Ed
Philippines[10] and is best known a motion picture director, producer and screenwriter whose debut film,
Engkwentro won the Venice Film Festival’s Lion of the Future Award in 2009, as well as Venice’s Orizzonti
Prize, the NETPAC Award for Best Asian Film, and the Gawad Urian for Best Editing.[11][12]

Publications[edit]
A Nation for Our Children, a collection of Jose W. Diokno’s essays and speeches on human rights, nationalism,
and Philippine sovereignty, was published in 1987 by the Diokno Foundation. The collection is named after
Diokno's popular speech, in which he says,
There is one dream that all Filipinos share: that our children may have a better life than we have had. So there is
one vision that is distinctly Filipino: the vision to make this country, our country, a nation for our children.[6]
Several parts of the book are now accessible online, at The Diokno Foundation
Jose Diokno (Historical Park and Laurel Park, Batangas Provincial Capitol Complex).

Famous quotes[edit]
 "No cause is more worthy than the cause of human rights... they are what makes a man human. Deny them
and you deny man's humanity."
 "There is one dream that we all Filipinos share: that our children may have a better life than we have had.
To make this country, our country, a nation for our children."
 "Law in the land died. I grieve for it but I do not despair over it. I know, with a certainty no argument can
turn, no wind can shake, that from its dust will rise a new and better law: more just, more human, and more
humane. When that will happen, I know not. That it will happen, I know."
 "We are one nation with one future, a future that will be as bright or as dark as we remain united or divided."
 "Authoritarianism does not let people decide; its basic premise is that people do not know how to decide. It
promotes repression that prevents meaningful change, and preserves the structure of power and privilege."
 "Yes-men are not compatible with democracy. We can strengthen our leaders by pointing out what they are
doing that is wrong."
 "The point is not to make a perfect world, just a better one – and that is difficult enough."
 "Do not forget: We Filipinos are the first Asian people who revolted against a western imperial power,
Spain; the first who adopted a democratic republican constitution in Asia, the Malolos Constitution; the first
to fight the first major war of the twentieth century against another western imperial power, the United
States of America. There is no insurmountable barrier that could stop us from becoming what we want to
be."
 "All of us are Filipinos not only because we are brothers in blood, but because we are all brothers in tears;
not because we all share the same land, but because we share the same dream."
 "Reality is often much more beautiful than anything that we can conceive of. If we can release the creative
energy of our people, then we will have a nation full of hope and full of joy, full of life and full of love —
a nation that may not be a nation for our children but which will be a nation of our children."
Cops would rather face raps than second-guess shooting suspects —Bato
Published July 11, 2019 4:32pm
By ANNA FELICIA BAJO, GMA News
Officers who find themselves in life-or-death situations during police operations would
rather face criminal or administrative complaints than second-guess themselves if they
have to shoot or not, Senator Ronald Dela Rosa said on Thursday.
Dela Rosa, the former chief of the Philippine National Police, said this was the mind-
set of police officers who are being fired at by suspected criminals.
"Binabaril ako ng taong ito, hindi ko 'to pwede barilin dahil may bata? Kung hindi
naman ako magreturn fire, ako naman ang mamamatay... So you have to protect
yourself, to defend yourself," Dela Rosa said at a gun show in Mandaluyong.
"For practical purposes, ang mindset ng pulis ganyan 'yan. Harapin ko na lang kaso
afterwards, importante buhay ako," he added.
"Dahil kung ako'y mamatay, walang human rights na magpapakain sa aking mga anak.
Walang human rights na magpapaaral sa aking mga anak," Dela Rosa said.
Dela Rosa admitted that he had been advising policemen that they always needed to survive
police operations.
"Harapin ko na lang kaso afterwards, importante buhay ako. 'Yan ang palaging mindset
ng pulis which lagi kong inaadvise sa kanila. You should survive by all means. Wag
kang pakahero-hero diyan na magpakamatay..." Dela Rosa said.
Dela Rosa's remark was in relation to the death of three-year old Myca Ulpina during a
drug buy-bust operation in Rodriguez, Rizal last June 29.
Police conducted a buy-bust operation targeting Myca's father Renato Ulpina and
another drug suspect.
Police claimed Ulpina used his daughter Kateleen Myca Ulpina as a human shield
during the shootout but the victim’s family and a witness denied this.
Dela Rosa recently drew flak after saying that "shit happens" when he was asked about
the Rodriguez incident.
The senator later apologized and admitted that he chose the wrong words. —NB, GMA
News