Professional Documents
Culture Documents
against marginalized and vulnerable sectors of the society, involving civil and political
rights.[1]
CHR is an “A” accredited NHRI, fully complying with the Paris Principles adopted by the
United Nations General Assembly in 1995. As an NHRI, the Commission upholds six
public ser vice for the protection and promotion of human rights in accordance with
[1]
universal human rights principles and standards.
The Commission of Human Rights Establish under Philippine Constitution Section 17-
Human Rights to investigate, on its own or on complaint by any party, all forms of
that
Commission on Human Rights as provided under Article XIII of the 1987 Constitution to
be now in existence.”
The 1987 Philippine Constitution primarily gave CHR the mandate to protect and
promote the rights and dignity of every human being in the country. The State values
the dignity of every human person and guarantees full respect for human rights. (Sec.
The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic and
political inequalities, and remove cultural inequalities by equitably diffusing wealth and
political power for the common good. (Sec. 1, Art. XIII, Philippine Constitution)
[2]
The mandates and the function of Human Rights
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.[2]
Under Section 18, Article XIII of the Philippine Constitution, the Commission's sole duty
Based on the Philippine Constitution, the Commission has a broad mandate, which can
cultural rights. Such powers and services include: citing for contempt for
violations of its rules of procedure; legal aid and counseling; visitorial powers
Human Rights Promotion, which includes the wide range of strategies for
compliance with the treaty obligations that the Philippines has acceded
SCRA 483 (1991), declared that the Commission did not possess the power of
adjudication, and emphasized that its functions were primarily investigatory. [4]
The Commission on Human Rights have the following powers and functions:
all persons within the Philippines, as well as Filipinos residing abroad, and
provide for preventive measures and legal aid services to the under-
or their families;
11. Perform such other duties and functions as may be provided by law [5]
Under the Article IX of the 1987 Constitution, three constitutional commissions were
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
In a Resolution of the Supreme Court contained in G.R. No. 155336, it ruled that the
CHR is a .."From the 1987 Constitution and the Administrative Code, it is abundantly
clear that the CHR is not among the class of Constitutional Commissions. .." [8]
CHR decision to charge corporate companies to the Philippine court for using harmful
fossil fuels to their businesses , Commission on Human Rights charge about 47 major
fossil fuel and carbon-polluting companies could be held accountable for violating the
rights of its citizens for the damage caused by climate change, Ashfaq Khalfan,
Amnesty International’s Director of Law and Policy said. The Philippines Human Rights
Commission has today created a beacon of hope for the victims of the climate crisis.
This is the first time ever that a human rights body has said that fossil fuel corporations
can be been found legally responsible for human rights harms linked to climate change .
[9]
While the Commission’s decision has no immediate penalties for the companies in
question, their landmark announcement creates a major legal precedent. It opens the
door for further litigation, and even criminal investigations, that could see fossil fuel
companies and other major polluters either forced to pay damages, or their officials sent
to jail for harms linked to climate change. The decision also affirms that fossil fuel
companies have to respect human rights and invest in clean energy. [9]
The creation of Republic act 9262 know as Anti Violence against Women and their
Under this law, It is hereby declared that the State values the dignity of women and
children and guarantees full respect for human rights. The State also recognizes the
need to protect the family and its members particularly women and children, from
Towards this end, the State shall exert efforts to address violence committed against
women and children in keeping with the fundamental freedoms guaranteed under the
Constitution and the Provisions of the Universal Declaration of Human Rights, the
on the Rights of the Child and other international human rights instruments of which the
Philippines is a party.[10]
Conclusion:
human rights, especially the right to life and right to health. [11] it is the responsibility of
CHR to ensure a better life living and makes things better to all human life. CHR Must
ensure this mandate to protect every Life of individual to right to life as human being.
Continue their programs towards their mandates to protect people from oppression. [11]
Executive department and judicial branch must support in term of giving access to
information to different agency to fully understand, investigate, inquire and acquire right
information for the effectiveness of their mandate. Another this is the support of
legislative branch by giving them the right and adequate funds for their office as to their
people, such to hiring well qualified personnel on the ground for them to maximize their
power in reinforcement of rights of human being across the Country to fully implement
An Act to Prevent, Prohibit and penalize terrorism, thereby repealing republic act
It is Declared a policy of the state to protect life, liberty, property from terrorism, to
condemn terrorism as inimical and dangerous to the national security of the country and
to the welfare of the people, and to make terrorism a crime against the Filipino people,
against humanity, and against the law of Nations in the implementation of the policy
stated above, the state shall uphold the basic rights and fundamental liberties of the
[13]
people as enshrined in the Constitution.
The State recognize that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic , Military and legal means duly taking into
account the root causes of terrorism without acknowledging these as justifications for
[13]
terrorist and/or criminal activities.
[14]
Anti Terrorism Council Composes of:
Secretary of Finance
Secretary of Justice
Secretary of Information and communications technology and
a. Formulate and adopt plans , programs and preventive and counter measures
b. Coordinate all national efforts to suppress and eradicate terrorism in the country
accused for any crime defined and penalize under the act;
d. Monitor the progress of the investigation and prosecution of all persons accused
and /or detained for any crime defined and penalized under the act;
f. Enlist the assistance of and file the appropriate action with , the AMLC to freeze
and forfeit the funs, bank deposits, placements, trust accounts, assets and
charged with alleged violation of any of the acts defined and penalized under
the Art., (iii) designated persons defined under Section 3€ of Republic act no.
Act;
g. Grant monetary rewards and other incentives to informers who give vital
conviction of person or persons found guilty of violation of any of the acts defined
that monetary reward shall only granted to informants after the accused demurrer
to evidence has been denied or the prosecution has rested its case and no such
h. Establish and maintain coordination with and the cooperation and assistance of
i. Take action on relevant resolutions issued by the UNSC acting under Chapter VII
of the UN Charter, and consistent with the national interest, take action on
group of persons;
Appeals, Regional Trial Court to handle all cases involving the crimes defined
As of August 24, 2020, 29 petitions have been filed before the Supreme Court to
G.R. No. 252578 – Howard Calleja, et al. (includes the De La Salle Brothers led
G.R. No. 252580 – Melencio Sta. Maria, et al. (Far Eastern University Institute of
G.R. No. 252585 – Carlos Isagani Zarate, et al. (Makabayan Bloc) vs. Rodrigo
Duterte, et al.
G.R. No. 252613 – Former Office of the Government Corporate Counsel (OGCC)
Duterte, et al.
G.R. No. 252624 – Christian Monsod, et al. (with Felicitas Arroyo, Framers of the
et al.[18]
G.R. No. 252726 – José Ferrer Jr. vs. Salvador Medialdea, et al.
Medialdea, et al.
G.R. No. 252747 – National Union of Journalists of the Philippines, et al. (artists
al. [22]
G.R. No. 252765 – Alternative Law Groups, Inc. (ALG) (a coalition of 18 legal
G.R. No. 252767 – Manila Bishop Broderick Pabillo, San Carlos, Negros
G.R. No. UDK1663 – Lawrence Yerbo vs. Offices of the Honorable Senate
G.R. No. 252903 – Concerned Lawyers For Civil Liberties members including
Duterte, et al.
G.R. No. 252904 – Int'l Indigenous Peoples Movement for Self-Determination &
G.R. No. 252905 – Center for International Law, Inc., Vera Files, Lyceum of the
G.R. No. 252916 – Suspected Abu Sayyaf Group members Main Mohammad,
Jimmy Bla and Nazr Dilangalen, and Philippine Alliance of Human Advocates vs.
Executive Secretary
(HSA), allows of warrantless arrests and is unconstitutional. Suspects can be jailed for
up to 24 days without charges. Under the HAS, suspect can be detained for only three
However, under the new law, suspects have to file a law suit to receive compensation.
[26]
Although Section 4 of the Anti-Terrorism Bill states that terrorism “shall not include
advocacy, protest, dissent, stoppage of work, industrial or mass action,” critics maintain
that that the law functions as a deterrent to dissent and the freedom of expression.
communists, may become even more rampant as the new law grants unprecedented
power to police.
A broad swatch of civil society groups have said the bill will enable the abuse of power
by President Rodrigo Duterte, allowing him to silence critics in business, journalism, and
Surveillance and interception of communications – Upon a written order from the Court
of Appeals, private communications, data, and information of any person charged with
collected.[27]
Waiver of bank secrecy – The Anti-Money Laundering Council (“AMLC”) has the
authority to inquire into bank deposits and investments with any banking or non-bank
Extra-territorial application – The Act also applies to any person who, although
physically outside the territorial limits of the Philippines, commit the crime against
was a factor in the commission of the crime or commit said crime directly against the
Philippine government. In such a case, the Philippines may exercise jurisdiction only
Removal of award for damages in case of acquittal – Under the Human Security Act,
upon acquittal, any person who is accused of terrorism shall be entitled to the payment
of damages in the amount of PHP500,000 for every day that he or she has been
detained or arrested. This provision was omitted from the Act and hence no longer
applies. [27]
Constitutional challenge
Several petitions filed by opposition senators, human rights lawyers, journalists, student
organisations, and other groups are currently pending before the Supreme Court. Some
of the petitions move to strike down the Act in its entirety while some seek to nullify
specific provisions only, the most common of which is the definition of “terrorism” or the
such that it is prone to abuse. Unlike the old anti-terrorism law (i.e., the Human Security
Act) that enumerates specific predicate crimes for terrorism (e.g., piracy, rebellion, coup
d’etat, murder, hijacking, etc.), the acts constituting terrorism under the Act are said to
be very broad such that its enforcers “will have unbridled discretion to select the targets
of the new terror law including those from among critics and the opposition.” [27]
Another provision that is sought to be nullified is that which empowers the ATC, a body
warrantless arrests of persons on the basis of mere suspicion even if no charges have
been filed. According to the petitioners, this violates a person’s Constitutional rights to
due process and to be secure from unreasonable searches and seizures. In addition,
the power granted to ATC is said to be violate the principle of separation of powers of
the three branches of the government (i.e., the Executive, Legislative, and Judiciary) “as
it effectively allows the [ATC] to circumvent the issuance of warrants of arrest that are
It has yet to be seen how the Supreme Court would rule on these issues. In the
meantime, unless and until the Act or parts thereof have been declared void with finality
by the Supreme Court, the provisions of the Act remain valid and effective. [27]
Universal Human Rights declaration singnatory Comparative differ from other countries
India
enacted due to several terrorist attacks that were being carried out in India and
especially in response to the attack on the Parliament. The Act replaced the Prevention
Alliance coalition. [28]
Similar to the provisions contained in TADA, the law provided that a suspect could be
detained for up to 180 days without the filing of a chargesheet in court. However, a very
major change was introduced, in that unlike TADA, this act had no provision to allow
preventive detention.[28][29]
Secondly, the matter of confessions made by the accused to the police. The general law
in India does not recognise confessions made to police as evidence admissible in court,
and permits a person to deny such confessions in court, but under POTA, confessions
made to a police officer were admissible as evidence in court. [30] POTA also allowed law
verdict of the special courts constituted under this Act could be appealed against, and
[28]
the appeal would be heard by a division bench of the relevant High Court.
This law is formulated according to the Constitution Law of the People’s Republic of
China in order to prevent and punish terrorist activities, strengthen anti-terrorism work,
and safeguard national security, public safety and people’s lives and property. China
opposes all forms of terrorism and bans terrorist organizations according to law; China
will investigate and hold offenders liable for organizing, planning, preparing and
providing assistance for terrorist activities. China does not compromise to any terrorist
organizations and personnel, nor provide asylum for or give refugee status to any
personnel of terrorist activities. For the purpose of this Law, “Terrorism” refers to the
violence, destruction, intimidation and other means, in order to realize the political,
China and india terrorism law are more stringent in implementing their anti-terrorism law
in their country. However, It was observe that there are more violative In terms of
protecting and safeguarding human right, which should ensure such to the right to life
and the right to live which in their law have no security and protection at all for the
reason that stringent penalty impose who violate their anti-terrorism laws which is death
penalty.
The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution. Also
called the Bill of Rights, it includes 22 sections which declare a Filipino citizen’s rights
[32]
and privileges that the Constitution has to protect, no matter what.
recognize and apply appropriate laws to ensure each right’s fulfillment. This is not
always the case, however, as the Philippine Constitution lacks explicit laws to further
cement specific human rights in the local context. For example, the Right to Adequate
Food may be included in the UNDR but it is not explicitly indicated in the Philippine
Constitution. Thus the government cannot be held responsible if this is not attained.
Human rights are both rights and obligations, according to the UN. The state – or the
government – is obliged to “respect, protect, and fulfill” these rights. Respect begets
commitment from state that no law should be made to interfere or curtail the fulfillment
of the stated human rights. Protecting means that human rights violations should be
[32]
prevented and if they exist, immediate action should be made.
Reference:
[1]
http://chr.gov.ph/about-us/#:~:text=The%20Commission%20on%20Human%20Rights
%20%28CHR%29%20is%20an,1987%20by%20virtue%20of%20Executive%20Order
%20No.%20163.
[2]
https://en.wikipedia.org/wiki/Commission_on_Human_Rights_(Philippines)
[3]
Strategic Action Plan 2015–2016" (PDF). Commission on Human Rights of the
20,2017.
[4]
Cariño v. Commission on Human Rights, G.R. No. 96681, December 2, 1991, 204
[6]
"1987 Philippine Constitution". Republic of the Philippines. Retrieved September
18,2017.
[7]
"Executive Order No.. 292". Republic of the Philippines. Retrieved September
18, 2017.
[8]
"COMMISSION ON HUMAN RIGHTS EMPLOYEES ASSOCIATION (CHREA)
[9]
https://www.amnesty.org/en/latest/news/2019/12/landmark-decision-by-philippines-
human-rights-commission-paves-way-for-climate-litigation/
[10]
Sec. 2 R.A. 9262 Anti Violence against women and children Act of 2004 (VAWC
law).
[11]
commissioner Gascon Statement over ongoing pandemic.
[12]
Republic Act 11479 Anti-Terrorism Law
[13]
section 2 declaration of policy R.A. 11479
[14]
Rule 3.2 Members of the ATC. IRR of DOJ
[15 ]
Rule 3.4 Functions of ATC, IRR of DOJ
[16]
https://en.wikipedia.org/wiki/Anti-Terrorism_Act_of_2020
[17]
News, Mike Navallo, ABS-CBN. "Anti-terror law faces first Supreme Court
[19]
Buan, Lian (July 16, 2020). "Labor groups file 9th petition vs. anti-terror law, slam
'guilt by association'". Rappler.
[20]
Talabong, Rappler (July 19, 2020). "10th petition vs. anti-terror law assails violation
of right to bail". Rappler.
[21]
Nonato, Vince (July 23, 2020). "Unlimited Warrantless Arrests: Carpio, Morales, UP
[22]
Nonato, Vince (July 27, 2020). "Muslim Stereotypes Lead To Mistaken Identity: Why
[23]
Patag, Kristine Joy (July 24, 2020). "Law groups file 17th legal challenge vs. anti-
[24]
Lagrimas, Nicole-Anne C. (July 24, 2020). "Religious groups to Supreme Court:
[25]
Buan, Lian (July 29, 2020). "TikToker, viral angry Aling Marie file 21st petition vs.
anti-terror law". Rappler.
[26]
https://international.thenewslens.com/article/138072
[27]
https://www.zicolaw.com/resources/alerts/philippine-new-anti-terrorism-law-enacted/
[28]
https://en.wikipedia.org/wiki/Prevention_of_Terrorism_Act,_2002#:~:text=The
%20Prevention%20of%20Terrorism%20Act%2C%202002%20%28POTA
%29%20was,in%20response%20to%20the%20attack%20on%20the%20Parliament.
[29]
"Archived copy". Archived from the original on 21 May 2014. Retrieved 19 June2013.
[30]
Rediff.com Its goodbye to POTA Retrieved on 10 July 2007.
[31]
https://www.appinchina.co/government-documents/anti-terrorism-law-of-the-peoples-
republic-of-china/
[32]
https://www.rappler.com/newsbreak/iq/human-rights-philippines.